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Home My WebLink About1990 03-26 & 03-29 City Council PacketMINUTES OF MAPLEWOOD CITY COUNCIL 4:30 P.M., Thursday, June 22, 1989 and 7:00 P.M., Monday, June 26, 1989 Council Chambers, Municipal Building Meeting No. 89 -14 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 7:02 P.M., by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes of Meeting No. 89 -3 (February 13, 1989) Councilmember Anderson moved to approve the Minutes of Meeting No. 89 -3 February 13,.1989) as submitted. Seconded by Councilmember Bastian Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Rossbach Councilmember Rossbach abstained. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Asphalt Bike Paths 2. Danger - Children's Signs - Maryknoll 3. Crime Watch 4. Ramsey League 5. Developers Grading Property 6. No dumping signs 7. Grass Cuttings 8. Fina Station 9. Thursday Meeting 10. Set date - Review Fire Department Study Seconded by Councilmember Anderson.Ayes - all. 1 6 -22 -89 E. CONSENT AGENDA Mayor Greavu moved, Seconded by Councilmember Anderson, Ayes - all, to approve the Consent Agenda, Items E -1 through 10 as recommended: 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: 671,960.66 Checks #4401 - 14455 Dated 06 -01 -89 thru 06 -14 -89 S 209,820.49 Checks #1165 - #1340 Dated 06 -22 -89 881,781.15 Total per attached voucher /check register PAYROLL; 189,331.84 Payroll Checks S 47,410.22 Payroll Deductions 236,722.06 Total Payroll 1,118,503.21 GRAND TOTAL 2. Budget Transfer - 1988 Audit Approved a budget transfer of $5,045 from the General Fund Contingency Account to finance the audit bill. 3. Budget Transfer: Survey; LELS; TSP Approved a budget transfer from the Contingency Account Fund to cover the following: 800 Survey of Old City Hall 2,000 LELS Police Arbitration 1,100 TSP's for Comparable Worth 4. Final Payment Geranium - Ferndale Storm Sewer, Project 87 -20 Resolution No. 89 - 6 - 91 Change Orders 2 and 3 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 87 -20, Geranium /Ferndale Storm Sewer, and 2 6 -22 -89 has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 87 -20 Change Orders 2 and 3. 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 Orders 2 and 3. Resolution No. 89 - 6 - 92 Final Payment WHEREAS, the City Engineer for the City of Maplewood has determined that Geranium /Ferndale Storm Sewer, City Project 87 -20, is complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 87 -20 is complete and maintenance of these improvements is accepted by the City. Release of any retainage or escrow is hereby authorized. 5. City Hall Maintenance Budget - Repair and Maintenance of Building and Grounds Approved a budget transfer of $3,000 from the Contingency Fund to the City Hall Maintenance Fund to cover the cost of repairs to ceilings, cabling system, and heating system. 6. Conditional Use Permit Renewal; 831 North Century Avenue - Dege Approved the renewal of the conditional use permit for five years, for an off - street garden center parking lot behind 831 North Century Avenue, subject to the 11 conditions of approval required by the City Council on June 1, 1988. 7. Budget Transfer - Clean Up and Demolition Costs Approved a budget transfer of $6,700 from the contingency account to pay for the clean up of the vacant lot at Sherren and Hazelwood Avenues and the house demolition at 1866 Furness Street. S. Housing Assistance Loan Program Resolution No. 89 - 6 - 93 WHEREAS, the City of Maplewood desires to assist low- income homeowners in making repairs to their homes for the purpose of correcting defects affecting directly the safety, habitability, energy conservation, or accessibility of the property; and 3 6 -22 -89 WHEREAS, the Minnesota Housing Finance Agency has funds to be used for such purposes, and will accept applications from housing and redevelopment authorities desiring to administer these Deferred Loan Program funds; and WHEREAS, the Metropolitan Council has been duly organized pursuant to Minnesota Statutes 1976, Section 473.123, and has all of the powers and duties of a housing and redevelopment authority pursuant to Minnesota Statutes 1976, 473.193, under the provisions of the Municipal Housing and Redevelopment Act, Minnesota Statutes 1976, Sections 462.411 and 462.711; NOW, THEREFORE, BE IT RESOLVED that the Metropolitan Council is hereby requested to include the City of Maplewood in an application for state Deferred Loan Program funds, and that the Community Development Director is hereby authorized to enter into any necessary agreement with the Metropolitan Council for operating the Program within the City. 9. Conditional Use Permit Renewal; 1201 Frost Avenue Approved the renewal of the Conditional Use Permit for one year at 1201 Frost Avenue to sell used cars, subject to the July 11, 1988 conditions of approval. 10. Tax Forfeited Land: Gall Avenue and Lakewood Drive Resolution No. 89 - 6 - 94 WHEREAS, the Board of County Commissioners of Ramsey County by resolution dated April 18, 1989, classified as nonconservation land, certain land lying within the limits of the City of Maplewood; 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 with Minnesota Statutes Annotated, Section 282.01, sub. 1; and WHEREAS, the land is described as follows: Unplatted lands - Section 01, Township 29, Range 22. That part of the Northwest Quarter of the Northwest Quarter in Section One, described as follows: Beginning at the Southeast Corner of said Northwest Quarter of the Northwest Quarter; thence North on the East line 1,103- 69/100 feet; thence West parallel with the north line of said Northwest Quarter 170 feet; thence South parallel with said East line of the Northwest Quarter of the Northwest Quarter to the South line thereof; thence East on said South line to the point of beginning; except the North 217 feet of the West 150 feet thereof. PIN 01- 29 -22 -22 -0020. WHEREAS, the City of Maplewood has determined that said land is required for public purposes; 4 6 -22 -89 NOW, THEREFORE, BE IT RESOLVED, that said classification of the land shown on said list as nonconservation land is hereby approved; and BE IT FURTHER RESOLVED, that the City Clerk be and hereby is authorized to file a certified copy of this resolution and application for conveyance of said tax - forfeited land in the Office of the Land Commissioner. - F. AWARD OF BIDS 1. Insurance a. Manager McGuire presented the staff report. b. Susan Bennett, Corporate Risk Management, Inc., insurance consultant, explained the bids. c. Councilmember Anderson moved to assian Hadrath and Associates as the City's agent as recommended. Seconded by Councilmember Rossbach. Ayes - all. G. UNFINISHED BUSINESS 1. Update of City Hall Expansion Plans and Architectural Contract a. Manager McGuire presented the staff report. b. Dean Johnson, T.K.D.A. presented an update of the City Hall Expansion. c. Mayor Greavu moved to accept the updated contract with T.K.D.A. for architectural services as recommended. Seconded by Councilmember Anderson Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Rossbach Nay - Councilmember Bastian. 2. 1990 - 1994 C.I.P. (4 Votes) a. Councilmember Juker moved to table this Item until the July 6, 1989 Meeting. Seconded by Councilmember Rossbach. Ayes - all. 3. Revocation of Permit: Hause a. Councilmember Bastian moved to table this Item until the Monday. June 26, 1989 Meeting. Seconded by Councilmember Juker.Ayes - all. 5 6 -22 -89 4. Southlawn Drive Traffic a. Manager McGuire presented the Staff report. b. Mr. Carl Boehmer, 2764 Southlawn Drive, spoke of the many problems with traffic on Southlawn Drive. C. Director of Public Works Haider and Director of Public Safety Collins explained the problems involved. d. Council directed staff to monitor the situation for three months and report back. 5. Code Amendment: Pipeline Setback (2nd Reading) a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the proposal. C. Linda Higgins, 552 Lakewood, presented her views. d. Mayor Greavu moved to table until Monday evening. Seconded by Councilmember Bastian. Ayes - all. 6. Pipeline Setback Reduction: Junction Avenue (Heroff) a. Manager McGuire presented the staff report. b. Councilmember Bastian moved to approve the 55 foot setback variance as reaUeSted by the Heroff•s for Lot 15, Block 2. Hills and Dales Addition. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Bastian and Rossbach Nays - Councilmembers Anderson and Juker. 7. Pipeline Setback Reduction: Maplewood Meadows (Mogren) a. Councilmember Bastian moved to table until Monday. June 26 Meeting. Seconded by Councilmember Rossbach. Ayes - all. 8. Conditional Use Permit Renewal: 2095 Larpenteur Avenue (Delory) a. Director of Community Development Olson presented the staff report. b. Councilmember Bastian moved to approve the renewal of the conditional use permit to operate a basement waterproofing and sewer and water 6 6 -22 -89 fi 1. The City has not received any complaints from neighbors in the 18 years the business has been in operation. 2. The business is not easily visible from Larpenteur Avenue. 3. The applicant is continuing, in good faith, to find an alternative site for his operations. Approval is subject.to the following conditions: 1. The hours of operation shall be 8:00 A.M. to 4:30 P.M., Monday through Friday. 2. The maximum number of employees that may be permitted, other than family members is four. 3. There shall be no retail sales on site. 4. The business shall not be enlarged. 5. Business - related parking shall be prohibited on Larpenteur Avenue. 6. The business shall terminate in three years. Annual Council reviews shall be required to monitor the applicant's progress. Seconded by Councilmember Anderson. Ayes - all. 9. Code Amendment: Occupancy Permits (2nd Reading) a. Manager McGuire presented the staff report. b. Mayor Greavu introduced the following ordinance and moved its adoption: ORDINANCE NO. 644 AN ORDINANCE PERTAINING TO THE ISSUANCE OF OCCUPANCY PERMITS The Maplewood City Council hereby ordains as follows: Section 1. Section 9 -26 is amended as follows: Sec. 9 -26. Certificate of occupancy. a) No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or 7 6 -22 -89 structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefore as provided herein. As required by the City, a certificate of occupancy is required for all occupancies, including group R -3 and R -4 with the exception of Group M occupancies. b) No change in the character of occupancy of a building shall be made without a certificate of occupancy, as required in Section 307 of the Uniform Building Code. The building official may issue a certificate of occupancy pursuant to the intent of the above exception without certifying that the building complies with all provisions of this Code. c) The fees for certificate of occupancy and occupancy permits issued under this article shall be imposed, set, established and fixed by the City Council, by resolution from time to time. d) Before issuing a certificate of occupancy, the area surrounding any newly constructed or newly placed building shall be cleaned up and all debris shall be completely removed from the premises to the satisfaction of the building official. Section 2. Article III of Chapter 9 is hereby deleted. Secs. 90 -41 - 9 -60. Reserved. Section 3. This ordinance shall take effect upon its passage and publication. Seconded by Councilmember Juker. Ayes - all. 10. Schedule Meeting with Manager a. Councilmember Rossbach moved to hold a Council /Manager Meeting July 3. 1989. Seconded by Mayor Greavu. R. ADJOURNMENT OF JUNE 22, 1989 MEETING AT 7:02 P.M. L RECONVENE: CALL JUNE 26, 1989 MEETING TO ORDER AT 6:32 P.M. M. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Absent Frances 1. Juker, Councilmember Present George F. Rossbach, Councilmember Arrived at 6:40 P.M. it Ir 8 6-22-89e , A UNFINISHED BUSINESS 1. 1988 Annual Financial Report and Audit a. Steve Laible, Peat Marwick and Associates, presented the 1988 Annual Financial Report and Audit, reviewed the recommendations and answered questions from the Council. b. Director of Finance Faust spoke regarding the report and also answered questions from the Council. c. Mayor Greavu moved to accept the 1988 Annual Financial Report and Audit with recommendations. Seconded by Councilmember Anderson. Ayes - all. 2. Assessments: Geranium /Ferndale Project 87 -20 a. Manager McGuire presented the staff report and stated this item had been tabled from June 12, 1989. b. Director of Public Works Haider presented the specifics of the proposed assessment roll. c. Mayor Greavu introduced the following resolution and moved its adoption: 89 - 6 - 95 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed on all objections to the proposed assessment for the construction of Geranium /Ferndale Storm Sewer as described in the files of the City Clerk as Project 87 -20, and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of twenty years, the first of the installments to be payable on or after the first Monday in January, 1990, and shall bear interest at the rate of nine (9.0) percent per annum from the date of 9 6 -22 -89 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 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 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 - Mayor Greavu, Councilmembers Anderson and Juker Nay - Councilmember Rossbach d. The Council will discuss the objections to the assessment for Project 87 -20 on Thursday, July 6, 1989. N. PUBLIC HEARINGS 1. 7:00 P.M., Conditional Use Permit Termination: 1014 Bartelmy Lane (Andrea) a. Mayor Greavu convened the meeting for a public hearing regarding the termination of the Conditional Use Permit given to Richard Andrea, 1014 Bartelmy Lane, for counseling service as a home occupation. he is not using the home for this service any longer. b. Manager McGuire presented the staff report. c. Mayor Greavu called for proponents and opponents. None were heard. 10 6- 22 -89- d. Mayor Greavu closed the public hearing. e. Mayor Greavu introduced the following resolution and moved its adoption: 89 - 6 - 95A WHEREAS, Richard Andrea initiated a request to terminate a conditional use permit for an in -home counseling service at the following- described property: Lot 26, Block 2, Bartelmy Acres Addition This property is also known as 1014 Bartelmy Lane, Maplewood; WHEREAS, the procedural history of this conditional use permit is as follows: 1.- The Maplewood City Council held a public hearing on June 26, 1989. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described conditional use permit be terminated on the basis of the following findings -of -fact: 1. The property owner requested the termination of the conditional use permit. 2. The conditional use is no longer in use or effect. Seconded by Councilmember Juker. Ayes - all. 2. 7:10 P.M., Code Amendment - Garage Size (2nd Reading) (4 Votes) a. Mayor Greavu convened the meeting for a public hearing regarding the proposed Code Amendment that would replace the maximum area for detached buildings with a maximum area for the combined area of all detached buildings and detached garages. b. Manager McGuire presented the staff report. c. Commissioner Ayers presented the Planning Commission recommendations. d. Mayor Greavu called for proponents and opponents. None were heard. e. Mayor Greavu closed the public hearing. 11 6 -22 -89 f. Councilmember Anderson introduced the following ordinance and moved its adoption: ORDINANCE NO. 645 AN ORDINANCE AMENDMENT REGULATING ACCESSORY BUILDINGS THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 1. Section 36 -77 is amended as follows: Sec. 36 -77. Accessory Buildings a) The areas of accessory buildings on a lot shall be limited to areas in the following table: Lot Area Detached Bldgs.Attached sq.ft.)without an garages attached garage without bldgs. Under 8,000 786 768 8,000- 11,999 1,000 1,000 12,000- 15,999 1,000 1,000 16,000- 20,999 1,100 1,100 21,000- 41,999 1,250 1,250 42,000+1,250 (garages)1,250 1,000 (all other bldgs.) 4) Combination of detached and attached garage* buildings 1188 1420 1480 1660 1850 25 -- The total area of all detached accessory buildings shall not exceed the areas in Column (2). The total area of all attached garages shall not exceed the areas in Column (3). b) A private garage shall not exceed sixteen feet in height as viewed from the street. c) The City Council may approve an increase in height or area by conditional use permit. However, the maximum area of any one building shall not exceed the maximum area allowed for an attached garage in subsection (a) and the height shall not exceed the height of the house. d) Detached garages shall not include living space. No commercial use of a garage shall occur unless authorized by the City Council. Section 2. Section 30 -3 is amended by adding a new subsection (c): 12 6- 22 -89'' c) A rezoning shall not be approved unless each new lot would be large enough to accommodate any existing accessory buildings, as required in Section 36 -77 (a). Section 3. Section 9 -6 (metal storage buildings) is amended by adding a new subsection (d): d) A rezoning shall not be approved unless any metal storage buildings on the site comply with the requirements of this section. Section 4. This ordinance shall take effect upon its passage and publication. Seconded by Mayor Greavu. Ayes - all. 3. 7:20 P.M., Code Amendment: Off Street Parking (2nd Reading, 4 Votes) a. Mayor Greavu convened the meeting for a public hearing regarding the proposed code amendment to correct the current code where private parking stalls are too large for employee parking and too small for high turnover uses, such as retail stores. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Board Member Anitzberger presented the Community Design Review Board's recommendation. e. Mayor Greavu balled for proponents and opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Mayor Greavu moved to table this Item until the July 6, 1989 Meeting. Seconded by Councilmember Rossbach. Ayes - all. 4. 7:30 P.M., Lot Split and Variances: 1255 Ripley Avenue (Aliperto) a. Mayor Greavu convened the meeting for a public hearing regarding the request of Robert D. and Kim W. Aliperto for a lot split to create an 86.3 x 133.8 foot parcel on which their house is situated and a variance to create a second lot 73.7 x 133.8 foot corner lot. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the proposal. 13 6 -22 -89 d. Commissioner Ayers presented the Planning Commission report. e. Robert and Kim Aliperto, 1255 Ripley Avenue, the applicants, spoke on behalf of their request. f. Mayor Greavu called for proponents and opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Mayor Greavu moved to approve the lot split at 1255 Ripley as recommended and that before the deeds may be approved, the applicant shall relocate the existing detached garage on the new interior lot and also that the driveway on the corner lot shall be on Atlantic. Seconded by Councilmember Anderson. Ayes - all. i. Mayor Greavu introduced the following resolution and moved its adoption: 89 -6 -96 WHEREAS, Robert D. and Kim W. Aliperto applied for variances from the subdivision code for the following - described property: Lot 19 and the West 33.66 feet of Lot 20, Block 1, W. H. Fishers Addition to Gladstone, Ramsey County, Minnesota, and the South Half of the adjacent vacated alley accruing thereto. WHEREAS, Section 30 -8 (f) (b) of the Maplewood Code of Ordinances requires that corner lots have a minimum width of 100 feet and a minimum area of 10,000 square feet of area. WHEREAS, the applicant is proposing a corner lot width of 73.7 feet, requiring a variance of 26.3 feet, and an area of 9,860 square feet, requiring a variance of 140 square feet. WHEREAS, the procedural history of these variances is as follows: 1. These variances were reviewed by the Maplewood Planning Commission on June 5, 1989. The Planning commission recommended to the City Council that said variances be approved. 2. The Maplewood City Council held a public hearing on June 26, 1990, to consider these variances. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. 14 6 -22 -89 NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above- described variance be approved on the basis of the following findings of fact: 1. All required setbacks could be met. 2. The proposed lot would be similar in width with four other substandard corner lots in the neighborhood, two of which are on the same corner as the applicant's lot, and two are similar in area. Approval is subject to no driveway on to Ripley Avenue. Seconded by Councilmember Anderson. Ayes - all. j. Mayor Greavu introduced the following resolution and moved its adoption: 89 -6 -97 WHEREAS, Robert D. and Kim W. Aliperto applied for variances for the following- described property: Lot 19 and the West 33.66 feet of Lot 20, Block 1, W. H. Fishers Addition to Gladstone, Ramsey County, Minnesota, and the South Half of the adjacent alley accruing thereto. WHEREAS, Section 36 -69 of the Maplewood Code of Ordinances requires that all lots in an R -1, single - dwelling residence district, have at least 10,000 square feet of area and 75 feet of lot width; WHEREAS, the applicant is proposing a corner lot which would have 9,860 square feet of area and 73.7 feet of frontage, requiring variances of 140 square feet from the lot -size requirements and 1.3 feet from the lot -width requirements; WHEREAS, the procedural history of this variance is as follows: 1. This variance was reviewed by the Maplewood Planning Commission on June 5, 1989. The Planning commission recommended to the City Council that said variance be approved. 2. The Maplewood City Council held a public hearing on June 26, 1989, to consider this variance. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. 15 6 -22 -89 NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described variance be approved on the basis of the following findings of fact: 1. Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration because: a. The property cannot be put to a reasonable use without the variances, because: (1) the current width of 160 feet exceeds the width of most other lots in the area, and (2) the area could be met by jogging the lot line into the interior lot. b. The plight of the landowner is due to circumstances unique to the property, not created by the landowner, because the existing house which was placed by a previous owner prevents moving the lot line to the east. C. The essential character of the area will not be altered, since: 1) All required setbacks could be met to provide property site lines at the intersection. 2) The proposed lot would be similar in width with four other substandard corner lots in the neighborhood, two of which are on the same corner as the applicant's lot,, and two are similar in area. Approval is subject to no driveway on to Ripley Avenue. Seconded by Councilmember Anderson. Ayes - all. 5. 7:40 P.M., Duluth and County Road C (Goff) a. Plan Amendment (4 Votes) b. Rezoning (4 Votes) 1. Mayor Greavu convened the meeting for a public hearing regarding the request of Goff Homes, Inc., for the following: a. A Comprehensive Plan amendment from SC, service commercial center to RM, residential medium density. b. A rezoning from R1, single- dwelling residence district to R3, multiple dwelling district. 2. Manager McGuire presented the staff report. 16 6 -22 -89 3. Director of Community Development Olson presented the specifics of the proposal. 4. Commissioner Ayers presented the Planning Commission recommendation. 5. Mr. Pat Goff, Goff Homes, Inc., the applicant, spoke on behalf of his request. 6. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following voiced their opinions: Linda Cincotta, 1262 Hilltop Court (opposed) L. Fourtner, 1285 Hilltop Court (opposed) 7. Mayor Greavu closed the public hearing. 8. Councilmember Anderson moved to table this item until the iuly 10, 1989 Meetinc. Seconded by Councilmember Greavu. Ayes - all. 6. 7:50 P.M., Duluth Street (Rainbow Cleaning) a. Community Design Review Board Appeal b. Conditional Use Permit 1. Mayor Greavu convened the meeting for a public hearing regarding the request of Brian A. Dillon for a conditional use permit for a 4,925 square foot office building. The CUP is required because the proposed building would be'110 feet from the residential district to the east. 2. Manager McGuire presented the staff report. 3. Director of Community Development Olson presented the specifics of the proposal. 4. Commissioner Ayers presented the Planning commission report. 5. Board Member Anitzberger presented the community Design Review Board report. 6. Brian Dillon, the applicant, spoke on behalf of his request. 7. Randy Engel, Buetow and Associates, Inc., spoke on behalf of the proposal. 8. Mayor Greavu called for proponents and opponents. None were heard. 9. Mayor Greavu closed the public hearing. 17 6 -22 -89 10. Councilmembers Anderson moved to eliminate Condition No. 18 of the C.D.R.B. conditions and insert "all plants which die shall be replaced." Seconded by Councilmember Juker. Ayes - all. 11. Councilmember Anderson introduced the following resolution and moved its adoption: 89 -6 -98 WHEREAS, Brian A. Dillon initiated a conditional use permit to build an office building in an M-1, light-manufacturing district, within 350 feet of a residential district, at the following - described property: The east 150 feet of Lot 11, W. H. Howards Garden Lots, Ramsey County, Minnesota, lying North of the following described line: Commencing at the Northeast corner of Section 9, Township 29, Range 22; thence West, assumed bearing, a distance of 498.57 feet; thence South a distance of 126 feet; thence Southwesterly along a tangential curve, concave to the Northwest, the central angle being 90 degrees, radius 300 feet, a distance of 471.24 feet; thence Southwesterly along a tangential curve, concave to the Southeast, the cental angle being 89 degrees 13 minutes, 15 seconds, radius 283.60 feet, a distance of 441.62 feet and there terminating. Except the North 230 feet and subject to Duluth.Avenue over the Southerly 30 feet thereof. Together with The West 75 feet of the East 225 feet of Lot 11, W. H. Howards Garden Lots, Ramsey County, Minnesota, lying North of the centerline of Duluth Street, except the North 230 feet thereof. WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was reviewed by the Maplewood Planning Commission on June 5, 1989. The Planning commission recommended to the City Council that said permit be approved. 2. The Maplewood City Council held a public hearing on June 26, 1989. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be 18 6 -22 -89 heard and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described conditional use permit be approved on the basis of the following findings -of -fact: 1. The use is in conformity with the City's comprehensive plan and with the purpose and standards of this chapter. 2. The establishment or maintenance of the use would not be detrimental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character of that zoning district. 4. The use would not depreciate property values. S. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to the noises, glare, smoke, dust, odor, fumes, water pollution, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 6. The use would generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area properties. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parks. S. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the City. 9. The use would preserve and incorporate the site's natural and scenic features into the development design. 10. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 19 6 -22 -89 1. Adherence to the site and landscaping plans, dated May 1, 1989, with the revisions and conditions approved by the Community Design Review Board. 2. This permit shall be subject to review after one year from the date of approval, based on the procedures in City Code. Seconded by Councilmember Juker. Ayes - all. 7. 8:00 P.M., Liquor License: Fox and Hounds (GOdbouts) a. Mayor Greavu convened the meeting for a public hearing regarding the request of Eileen Godbout for an On -Sale Intoxicating Liquor License to be located at 1734 Adolphus Street (Fox and Hounds). b. Manager McGuire presented the staff report. c. Director of Public Safety Collins presented the investigation report. d. Mayor Greavu called for persons who wished to be heard for or against the proposal. None were heard. e. Mayor Greavu closed the public hearing. f. Mayor Greavu introduced the following resolution and moved its adoption: 89 - 6 - 99 NOTICE IS HEREBY GIVEN, that pursuant to action,by the City Council of Maplewood, Minnesota, on June 26, 1989, an On -Sale Intoxicating Liquor License was approved for Eileen Godbout, dba Fox and hounds, 1734 Adolphus. This Council proceeded in this matter as outlined under the provisions of the City Ordinances. Seconded by Councilmember RoBBbach. Ayes - all. O. VISITOR PRESENTATIONS 1. David Oswald, 312 Forest a. Mr. Oswald stated he was concerned about the Hause recreational vehicle permit. b. Council tabled this item until July 6, 1989. 2. Gary Gerke, 1252 Cope Avenue 20 6 -22 -89 a. Mr. Gerke questioned if something could be done with maintaining the building that was previously the Maplewood Racquetball Court. The weeds and debris are accumulating. b. Staff will investigate. 3. Mike Dittel, 1760 Onacrest a. Mr. Dittel questioned what was to become with the property on Onacrest, north of Larpenteur, that was retained by the City for open space. He feels only half of the property is needed, and the balance can be used for other uses. It is becoming a dump. b. Councilmember Juker moved to direct staff to look at various options as to maintaining the land or whatever would benefit the neighborhood and the City. Seconded by Councilmember Anderson. Ayes - all. G. UNFINISHED BUSINESS (Continued) 5. Code Amendment - Pipeline Setback (2nd Reading) a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the proposed ordinance. c. Mayor Greavu introduced the following ordinance and moved its adoption: ORDINANCE NO. 646 AN ORDINANCE AMENDING THE PIPELINE SETBACK ORDINANCE The Maplewood City Council hereby ordains as follows: Section 1. The pipeline Setback Ordinance is amended and adopted as follows: ARTICLE XI. PIPELINE SETBACK Sec. 9 -215. - Purpose. It is the purpose of this article to protect the public from the hazards of a pipeline leak by requiring that new buildings designed for human use or occupancy and their attachments must meet a minimum required setback. Sec. 9 -216. Applicability. 21 6 -22 -89 This article shall apply to any new subdivision, building or addition proposed to be located within one hundred (100) feet of a pipeline. However, additions to buildings that were constructed prior to August 10, 1987, shall be exempt from this article. Sec. 9 -217. Definitions. As used in this article, the following words and phrases shall have the meanings ascribed to them in this section: Pipeline: 1. Pipe with a nominal diameter of six (6) inches or more, located in the state, that is used to transport hazardous liquids, but does not include pipe used to transport a hazardous liquid by gravity, and pipe used to transport or store a hazardous liquid within a refinery, storage, or manufacturing facility, or 2. Pipe operated at a pressure of more than two hundred seventy -five (275) pounds per square inch that carries gas. Building: Any structure designed primarily for human use or occupancy, including, but not limited to, businesses, offices, residences and institutions. Decks, overhangs, porches, attached garages, or any similar attached structures shall be considered part of the building. Detached garages shall not be considered part of the building. Sec. 9 -216. Building setback. a) All buildings subject to the provisions of this article and all newly created lots shall be designed to accommodate a setback of at least one hundred (100) feet from a pipeline. The City Council may approve a reduced setback where the applicant can prove that there is a unique hardship to the property that prevents the reasonable and practicable development of the property. In such cases, the City Council may require berming, an oil containment system or similar requirements to mitigate the potential damage to a building by a pipeline leak or explosion. Unenclosed decks may extend up to sixteen feet into the approved setback. b) Notwithstanding the above, the Director of Community Development may reduce the setback where the building or addition would not be any closer than the prevailing setback of neighboring buildings. The Director's decision may be appealed to the City Council. 22 6 -22 -89 Sec. 9 -219. Required grading. The site shall be graded to maximize the distance between any pipeline leakage and the proposed or surrounding buildings. Sec. 9 -220. Pipeline location. At the time of application for a building permit site plan review or preliminary plat, the applicant shall provide a certificate of survey, signed by a registered land surveyor, that shows the location of any pipeline within one hundred (100) feet of the proposed building or building pad. The elevation of the pipeline shall be shown on the site plan and on a grading plan, when such plan is required to be submitted. Sec. 9 -221. Lot of record. A proposed building on an undeveloped lot of record that cannot be constructed because of this article, shall be allowed to be constructed if the building is located so as to comply with this article as closely as possible. The City may require an oil containment system, to be approved by the City Engineer. Section 2. Section 30 -8 (f) (12) is amended as follows: 12) Pipelines. The City may require additional lot width or depth to provide enough buildable area to meet the pipeline setback ordinance in Article XI of Chapter 9. Wherever practical, subdivisions shall be designed with an existing pipeline along rear lot lines. A deed restriction shall be recorded against each lot that is all or partially within the 100 -foot setback stating this lot is subject to a pipeline setback and that all buildings or additions must be set back at least 100 feet from a pipeline. A deck may be constructed up to sixteen feet into the setback. Section 3. This ordinance shall take effect upon its passage and publication. Seconded by Councilmember Rossbach. Ayes - all. M. NEW BUSINESS 1. Schedule of 1990 Budget Meetings a. Director of Finance presented the staff report. b. Councilmember Anderson moved to hold a budget meeting of August 9, 1989, at 1:00 P.M. Seconded by Mayor Greavu. Ayes - all. 23 6 -22 -89 2. Proposed Settlement Sergeants a. Manager McGuire presented the staff report. b. Mayor Greavu moved to approve the 1989 Settlement with the sergeants as follows: 1. WAGE INCREASE: 4.08 increase over 1988 pay equity base ($120 /month) effective 01- 01 -89. 2. LIFE INSURANCE: Increase life insurance coverage from $15,000 to 25,000. 3. HEALTH INSURANCE: Increase employer contribution for dependent health insurance by $10.00. 4. OVERTIME: No overtime shall be paid for any shift extension of less than one -half hour; unless the extension is greater than one -half hour, then the entire shift extension shall be considered overtime. 5. LONGEVITY: Eliminate 12 and 16 year step. Any officer promoted to Sergeant may retain their existing longevity. Any sergeant promoted as of 01 -01 -89 shall be allowed to move one step in their normal progression during the term of this Agreement. 6. MERIT PAY: The Employer agrees to establish a merit system by contributing and paying out 38 of bargaining unit's total pay. No employee shall receive over 58. Employees promoted on or after October 1st of each year will not be eligible for merit pay within that calendar year. Merit pay for employees promoted prior to Octoberist shall be prorated. 7. DURATION: This Agreement shall be effective from 1 -1 -89 through 12- 31 -90, with a wage and insurance reopener on 12- 31 -89. Seconded by Councilmember Anderson. Ayes - all. 3. Request to Promote Police Officer to Sergeant a. Manager McGuire presented the staff report. b. Councilmember Anderson moved to authorize the filling of the current vacancy by promoting a police officer to sergeant. Seconded by Mayor Greavu. Ayes - all. 4. Replacement of Clerk Typist a. Manager McGuire presented the staff report. 24 6 -22 -89 b. Mayor Greavu moved authorization to hire a Police clerk typist to fill the current vacancy. Seconded by Councilmember Rossbach. Ayes - all. 5. Request to Hire Police Officer a. Manager McGuire presented the staff report. b. Councilmember Rossbach moved authorization to fill the Police officer vacancy that occurred when a Police officer was Promoted to sergeant. Seconded by Councilmember Juker. Ayes - all. 6. Brooks Avenue Project 88 -08: Schedule Assessment Hearing a. Manager McGuire presented the staff report. b. Councilmember Juker introduced the following resolution and moved its adoption: 89 - 6 - 100 WHEREAS, the City Clerk and City Engineer have received bids for the improvement of Brooks Avenue, Hazelwood to Germain Water Main, City Project 88 -08. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment, notify the Council thereof. Seconded by Mayor Greavu. Ayes - all. c. Councilmember Juker introduced the following resolution and moved its adoption: 89 - 6 - 101 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Brooks Avenue, Hazelwood to Germain Water Main, City Project 88 -08, and the same assessment is on file in the office of the City Clerk. 25 6 -22 -89 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 24th day of July, 1989, at the City Hall at 7:00 P.M., to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the Clerk and that written or oral objections will be considered. Seconded by Mayor Greavu. 7. County Road C Water Project 88 -10, Schedule Assessment Hearing a. Manager McGuire presented the staff report. b. Councilmember Anderson introduced the following resolution and moved its adoption; 89 - 6 - 102 WHEREAS, the City Clerk and City Engineer have received bids for the improvement of Keller Parkway /County Road C Water Main, City Project 88- 10. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. Seconded by Mayor Greavu. Ayes all. c. Councilmember Anderson introduced the following resolution and moved its adoption: 26 6 -22 -89 89 - 6 - 103 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Keller Parkway /County Road C Water Main, City Project 88 -10, and the said assessment is on file in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 24th day of July, 1989, at the City Hall at 7:10 P.M., to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3, The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the Clerk and that written or oral objections will be considered. Seconded by Mayor Greavu. Ayes - all. 8. Southlawn Drive Project 85 -17, Change Order No. 3 , a. Manager McGuire presented the staff report. b. Councilmember Anderson introduced the following resolution and moved its adoption: 89 -6 -104 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 85 -17, Southlawn Avenue, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, in the amount of $449,986.97, and WHEREAS, it is now necessary and expedient that said contract be modified in the amount of $26,920.00, and designated as Improvement Project 85 -17, Change Order 3. 27 6 -22 -89 9 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 3. Seconded by Councilmember Rossbach. Ayes - all. Gervais Avenue Project 88 -14, Change Orders a. Manager McGuire presented the staff report. b. Councilmember Juker introduced the following resolution and moved its adoption: 89 - 6 - 105 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 88 -14, Gervais Avenue, 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 Orders 1 through 4. 10 11 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 Orders 1 through 4. Seconded by Councilmember Anderson. Ayes - all. c. Councilmember Juker moved that a strong letter opposing their mandating a change in the contract that cost Maplewood more money. Seconded by Councilmember Anderson. Ayes - all. Brush Disposal Day a. Manager McGuire presented the staff report. b. Councilmember Juker moved to take no action on a City- sponsored "brush day" this year, but send a letter to Ramsey County supporting a permanent brush disposal site. Seconded by Councilmember Anderson. Ayes - all. Variances and Variations a. Manager McGuire presented the staff report. b. Councilmember Juker moved to refer this matter back to staff for a better definition. 28 6- 22 -89`- Seconded by Councilmember Anderson. Ayes - all. 12. Amendment of the Sewer Element of the Comprehensive Plan (4 Votes) a. Manager McGuire presented the staff report. b. Director of Public Works explained the specifics. c. Mayor Greavu moved that the report be approved as a revision to the Maplewood Comprehensive Plan. Seconded by Councilmember Anderson. Ayes - all. I. COUNCIL PRESENTATIONS 1. Danger - Children Signs - Maryknoll a. Councilmember Anderson moved that "Slow- Children Playing" signs be placed on Maryknoll at Frost Avenue. Seconded by Mayor Greavu. 2. Crime Watch Ayes - all. a. Councilmember Anderson reported on a meeting he had attended regarding the Crime Watch program and wished to compliment the Maplewood Police Department and Police Officer Jack Atchison on the excellent job they are doing and wished to support it. b. Staff stated money is in the program budget to help to support the program. 3. Ramsey league a. Councilmember Rossbach presented a plaque from the Ramsey County League to the Mayor as a thank you for continued support of the League. 4. Developers - Grading Property a. Councilmember Anderson stated he has received calls from property owners that are experiencing problems with developers going onto their property while grading for their project. The persons doing the grading have been trespassing on private property, and when told by the property owners to remove themselves, are very rude and refuse to move. Can something be done? b. Staff will investigate. 5. No Dumping Signs Previously discussed. 29 6 -22 -89 6. Grass Cuttings a. Councilmember Juker commented on the condition of the yards on the west side of White Bear Avenue from Radatz to Beam. The grass should be cut. b. Staff will investigate. 7. Cars For Sale on White Bear Avenue a. Councilmember Anderson commented on the number of cars for sale at the house on east side of White Bear Avenue north of 11th street. b. Staff will investigate. 8. Fina Gas Station a. Councilmember Juker stated the driveway at Fina Station does not match up with driveway across the street as was ordered. b. Staff stated it was measured and the condition approved was at specific distances. 9. Thursday Meetings a. Councilmember Juker stated she would like Council to reinstate the Thursday shirt - sleeve sessions. She stated she does not like having two meetings for one agenda, and she feels all should be completed in one night. b. No action taken. To be discussed Monday evening. 10. Set Date - Review Fire Department Study a. Council established informal meeting for Manager and Council to discuss the Fire Study. Meetings are to be July 19 or 26th beginning at 4:30 P.M, 5:00 P.M., etc. J. ADMINISTRATIVE PRESENTATION 1. Code Review R -3 District a. Manager McGuire presented the staff report. b. Council stated the zone and plan amendment should be compatible for each property. C. Item to be discussed at next meeting. 30 6- 22 -89 " P. ADJOURNMENT OF JUNE 26. 1989 .MEETING. 10:25 P.M. City Clerk 31 6 -22 -89 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, August 14, 1989 and 4:30 P.M., Thursday, August 17, 1989 Council Chambers, Municipal Building Meeting No. 89 -18 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 7:02 P.M. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes of Meeting No. 89 -16 (July 6 and 10, 1989). Councilmember Anderson moved to approve the Minutes of Meeting No. 89 -16 July 6 and 10. 1989) as corrected: Page 1, "Piles ", not "Pits" Page 6, Item I -1 c "told" Seconded by Councilmember Rossbach. Ayes - all. 2. Special Meeting, July 17, 1989 Councilmember Anderson moved to approve the Minutes of Special Meeting, July 17, 1989, as corrected: Add to second paragraph: "The Manager will obtain a list of all permits and licenses issued by each department and present the list to the Council." Seconded by Councilmember Bastian. Ayes - all. 3. Minutes of Meeting No. 89 -17 (July 20 and 24, 1989) Councilmember Anderson moved to approve the Minutes of Meeting No. 89 -17 July 20 and 24, 1989) as corrected: Page 13, "Alternate" Seconded by Councilmember Bastian. Ayes - all. 1 8 -14 -89 D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Estate Zone 2. Water Department 3. St. Paul Pioneer Press 4. Fina Dirt Pile 5. Elm Trees 6. Street Name Change 7. Soil and Aggregate Stock Pits - B. Contour Models 9. 1343 Kohlman 10. Parking Lots - Seconded by Councilmember Bastian. Ayes - all. E. .CONSENT AGENDA Councilmember Juker moved to table Item E -4 indefinitely. Seconded by Councilmember Bastian. Ayes - all. Mayor Greavu moved, Seconded by Councilmember Juker, Ayes - all to approve the Consent Agenda Items 1, 2 3 and 5 through 8 as recommended 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: , 609,437.89 Checks #4578 - #4652 Dated 7 -13 -89 thru 7 -31 -89 S 133,160.27 Checks #1641 - #1788 Dated 8 -10 -89 742,598.16 Total per attached voucher /check register PAYROLL: PAY PERIOD ENDING 7- 21 -89: 180,002.45 S 33,860.59 213,863.04 Payroll Checks Payroll Deductions Total Payroll 2 8 -14 -89 PAY PERIOD ENDING 8 -4 -89: 174,675.05 33,324.22 207,999.27 1,164,460.47 Payroll Checks Payroll Deductions Total Payroll GRAND TOTAL 2. Street Lighting for Skating Rink at Kohlman Park Approved the installation of the street light on Cypress Avenue in Kohlman Park by N.S.P. The cost of the installation underground and pole of 1,344 will be paid from PAC Funds (403- 803 - 343 -4720) 3. Conditional Use Permit Renewal: 1770 Gervais Avenue ( Schwan's Sales Enterprises) Approved the renewal of the conditional use permit for Schwan's Sales Enterprises, Inc., for five years, subject to the original conditions of approval. 4. Street Vacation: Walter Street Tabled indefinitely. 5. Budget Transfer: Publishing Account - City Clerk Approved the budget transfer of $1200 from the General Contingency Account to Account 101 - 301 -4360 to cover the cost of publishing legal notices. 6. Resolution: Pre Breath Tester (PBT) Resolution No. 89 - 8 - 119 BE IT RESOLVED THAT THE CITY OF MAPLEWOOD enter into an agreement with the State of Minnesota, Department of Public Safety, for the purpose of receiving from the State of Minnesota, Department of Public Safety, preliminary breath test instruments on a loan basis for use by law enforcement officers to assist in the detection of motorists who may be in violation of Minnesota Statutes Section 169.121, or local ordinances in conformity therewith. BE IT FURTHER RESOLVED that the Director of Public Safety and City Clerk be and they hereby are authorized to execute such agreement. 7. Donation: Paramedic 3 8 -14 -89 Accepted the donation of the Concordia Arms Resident Council in the amount of $50.00 with appreciation and that the donation be deposited in the paramedic Gift Fund Account 101 - 403 -4600. S. Change Order: Painting of Interior of Cope Avenue Water Tank Approved a change order in the amount of $5,935.00 to repair the failures in the dry riser tube of the inside of the Cope Avenue Water Tank. Original Budget Amount $110,000 Original Contract Amount 82,010 Amount of Change .Order 5,935 Amended Contract Amount 87,945 F. PUBLIC HEARINGS 1. 7:00 P.M., Conditional Use Permit: 1194 E. County Road C (Lakview Lutheran Church). a. Mayor Greavu convened the meeting for a public hearing regarding the request of Lakeview Lutheran Church for a conditional use permit to operate a pre - school child care center in the education building of the Church. b. Manager McGuire presented the Staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Commissioner Ralph Sletten presented the Planning Commission recommendation. e. Margie Munter, 2550 Taylor Avenue, White Bear Lake, the operator of the pre - school center, spoke on behalf of the proposal. f. Mayor Greavu called for proponents or opponents. None were heard. g. Mayor Greavu closed the public hearing. i. Councilmember Rossbach introduced the following resolution and moved its adoption: 89 - 8 - 120 WHEREAS, Lakeview Lutheran Church initiated a conditional use permit to operate a day care center at the following- described property: 1194 E. County Road C 4 8 -14 -89 WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was reviewed by the Maplewood Planning Commission on July 17, 1989. The Planning Commission recommended to the City Council that said permit be approved. 2. The Maplewood City Council held a public hearing on August 14, 1989. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above- described conditional use permit be approved on the basis of the following findings -of -fact: 1. The use is in conformity with the City's comprehensive plan and with the purpose and standards of this chapter 2. The establishment or maintenance of the use would not be detrimental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and , operated to be compatible with the character of that zoning district. 4. The use would not depreciate property values. 5. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to the noises, glare, smoke, dust, odor, fumes, water pollution, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 6. The use would generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area properties. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parks. S. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the City. 5 8 -14 -89 9. The use would preserve and incorporate the site's natural and scenic features into the development design. 10. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. This permit shall be subject to review after one year from the date of approval, based on the procedures in City Code. 2. The owner /operator acquiring all necessary approvals and licenses from the State of Minnesota to operate the day care facility. 3. The day care center be maintained and operated in such a manner as to not create any nuisances for nearby properties. Seconded by Councilmember Juker.Ayes - all. 2. 7:10 P.M., Preliminary Plat Revision: Woods and Ponds a. Mayor Greavu convened the meeting for a public hearing regarding the request of Ed Cave and Sons, Inc., a revision to an approved preliminary plat (Cave's Currie Street Addition) to increase the number of lots by four to create a total of 19 single - family home sites and a variance to the zoning code to allow the construction of three single family dwellings within the required rear -yard setback. b. Manager McGuire presented the Staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Commissioner Ralph Sletten presented the Planning Commission recommendation. e. Sam Cave, representing Ed Cave and Sons, Inc., spoke on behalf of the revision request. f. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following were heard: Kathy Mandal, 1615 Myrtle Joe Zappa, 2522 Flandrau g. Mayor Greavu closed the public hearing. h. Councilmember Bastian moved to request additional review from the Soil Conservation Service District for both pond and a recommendation of how the ponds can be improved. 6 8 -14 -89 i l Seconded by Councilmember Anderson. Ayes - all. i. Councilmember Bastian moved that staff obtain soil reports regarding the buildability of Lots 2„ 3 and 4, Block 1, of the preliminary plat. Seconded by Councilmember Juker. Ayes - all. j. Councilmember Bastian moved to table Item F -2 until the reports are completed. Seconded by Councilmember Juker. Ayes - all. 3. 7:20 P.M., Conditional Use Permit: 2210 White Bear Avenue (Used Car Lot) a. Mayor Greavu convened the meeting for a public hearing regarding the request of General Advancement Corporation for a conditional use permit to operate a used car sales business. b. Manager McGuire presented the Staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Commissioner Ralph Sletten presented the Planning Commission recommendation. e. John Tappon, the applicant, spoke on behalf of the proposal. f. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following were heard: Stan Zimmerman, 2200 White Bear Avenue g. Mayor Greavu closed the public hearing h. Councilmember Bastian moved to approve the conditional use permit as requested by General Advancement Corporation to operate a used car lot at 2210 White Bear Avenue with the following conditions: 1. A license for the sale of used bars shall be obtained. 2. Exterior security lighting shall be provided around the car sales areas. All security lighting shall be directed or shielded so as not to cause any undue glare onto adjacent properties or roadways. 3. State approved reflectorized stop signs shall be provided at all exits. 4. There shall be no more than six (6) used vehicles for sale on the site at one time. This condition shall be subject 7 8 -14 -89 to change when the conditional use permit is reviewed at the time of renewal. 5. External noises shall be unobtrusive on adjacent properties. Noises shall not exceed 50 decibels (normal conversation level) on adjacent properties. 6. The drive and parking area on the south side of the building shall be surfaced with bituminous and shall have a continuous 6 inch -high concrete curb around the perimeter. The curb shall be at least five feet from the property line. 7. Parking shall be allowed on bituminous areas only. All parking spaces shall be striped to meet City standards (9 foot -wide stalls designated for employee parking only and 9.5 foot -wide stalls for public and sales stalls). The total number of off - street parking stalls shall be subject to the approval of parking reduction authorization. The number of required parking stalls are in addition to those stalls designated for sales. The perimeter of the parking areas shall have a continuous 6 inch -high concrete curb which shall be subject to City staff approval. The storage area behind the buildings shall be excluded from the requirements contained in this condition. 8. All drive aisles shall be maintained to City standards for width and design. No parking shall be permitted in the drive aisles. 9. All wood, snowmobiles, portable signs and miscellaneous junk shall be removed from the site prior to the sale of vehicles. 10. There shall be no exterior storage of inoperable vehicles or parts of vehicles anywhere on the property in question, except in approved storage areas. 11. As shown on the attached site plan, one - hundred percent (100 %) opaque screening shall be provided across the fronts of the storage areas as viewed from White Bear Avenue. The screening shall be subject to City staff review and approval. Screening around the remainder of the storage area shall be required within sixty (60) days of the issuance of a building permit for the property immediately to the east of the site and shall be subject to City staff review and approval. 12. If any building remodeling is to occur, satisfaction of all requirements of the Building Official and Fire Marshal. 8 8- 14 -89'`" 13. No use of streamers, pennants, flags, flashing signs, or other obnoxious sale devices unless approved Community Design Review Board. 14. Verify property lines. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Bastian, Juker and Rossbach Nay - Councilmember Anderson i. Councilmember Anderson introduced the following resolution and moved its adoption: 89 - 8 - 121 WHEREAS, General Advancement Corp. initiated a conditional use permit to operate a used car sales business at the following- described property: This property is also known as 2210 White Bear Avenue, Maplewood; WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was reviewed by the Maplewood Planning Commission on July 17, 1989. The Planning Commission recommended to the City Council that said permit be approved. 2. The Maplewood City Council held a public hearing on August 14, 1989. Notice thereof was published and, mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described conditional use permit be approved on the basis of the following findings -of -fact: 1. The use is in conformity with the City's comprehensive plan and with the purpose and standards of this chapter. 2. The establishment or maintenance of the use would not be detrimental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character of that zoning district. 9 8 -14 -89 4. The use would not depreciate property values. 5. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to the noises, glare, smoke, dust, odor, fumes, water pollution, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 6. The use would generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area properties. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parks. 8. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the City. 9. The use would preserve and incorporate the site's natural and scenic features into the development design. 10. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. Adherence to the site plan, dated June 20, 1989. 2. This permit shall be subject to review after one year from the date of approval, based on the procedures in City Code. 3. Conditions 1 -11 of the Staff report dated June 20, 1989. Seconded by Mayor Greavu.Ayes - Mayor Greavu, Councilmembers Bastian, Juker and Rossbach Nay - Councilmember Anderson. 4. 7:30 P.M., White Bear Avenue, Mogren a. Plan Amendment (4 Votes) b. Rezoning (4 Votes) c. Street Vacation 1. Mayor Greavu convened a meeting for a public hearing regarding the request of Gerald Mogren for the following: a. A plan amendment from LSC, limited service commercial to SC, service commercial and a 10 8 -14 -89 rezoning from F, farm residence to BC, business commercial for the 1.35 acre parcel of land north of 2500 White Bear Avenue. b. Vacation of the East Demont Avenue and German Street right -of -ways adjacent to this property. Staff is proposing: a. Rezoning the property in question and all of the property to the north edge of Ramsey County Ditch 18 to BC(M), Commercial District (Modified). This zoning would be consistent with Land Use designation for the area. (See the maps on pages 7, 8 and 9). b. Vacation of the East Demont Avenue right -of -way between German Street and Ariel Street. c. Vacation of the remainder of the German Street right -of -way between Edgehill Road and Eleventh Avenue. 2. Manager McGuire presented the staff report. 3. Director of Community Development Olson presented the specifics of the proposal. 4. Commissioner Ralph Sletten presented the Planning Commission recommendation. 5. Gerald Mogren, the applicant, spoke on behalf of the proposal. 6. Mayor Greavu called for proponents or opponents. None were heard. 7. Mayor Greavu closed the public hearing. 8. Councilmember Anderson introduced the following resolution and moved its adoption: (Plan Amendment) 89 - 8 - 122 WHEREAS, Gerald Mogren initiated an amendment to the Maplewood Comprehensive Plan from LSC, limited service commercial, to SC, service commercial, for the following described property: 1.36 acre parcel north of 2500 White Bear Avenue WHEREAS, the procedural history of this plan amendment is as follows: 11 8 -14 -89 1. The Maplewood Planning Commission held a public hearing on July 17, 1989, to consider this plan amendment. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Planning Commission recommended to the City Council that said plan amendment be approved. 2. The Maplewood City Council considered said plan amendment on August 14, 1989. The Council considered reports and recommendations from the Planning Commission and City staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described plan amendment be approved. Seconded by Councilmember Bastian. Ayes - all. 9. Councilmember Anderson introduced the following resolution and moved its adoption: (Rezoning) 89 - 8 - 123 WHEREAS, Jerry Mogren initiated a rezoning from F to BC for the following - described property: Subject to White Bear Avenue, 12th Avenue and German Street and Ex S 495 ft part of NW 1/4 of SE 1/4 of NW 1/4 E of CL of White Bear Ave in Sec. 11, TN 29, Rn. 22, including the street right -of -way; WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by the City of Maplewood, pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commission on July 17, 1989. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on August 14, 1989, to consider this rezoning. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The council also considered 12 8 -14 -89 reports and recommendations of the City staff and Planning commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described rezoning be approved on the basis of the following findings of fact: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the 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, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Seconded by Councilmember Juker. Ayes - all. 10. Councilmember Bastian introduced the following resolution and moved its adoption: (Street Vacation) _ 89 -8- 124 WHEREAS, the City of Maplewood initiated proceedings to vacate the public interest in the following- described property: The German Street right -of -way between a 60 -foot westerly extension of the north line of Lot 15, Block 5, Maplewood Addition, North St. Paul to a 30 -foot westerly extension of a line parallel to and 30 feet south of the south line of Lot 16, Block 8, Maplewood Addition, North St. Paul; and the German Street right -of -way between a 30 -foot easterly extension of the south line of the following described property: SUBJ TO WHITE BEAR AVE 12TH AVE AND GERMAN ST AND EX S 495 FT PART OF NW 1/4 OF BE 1/4 OF NW 1/4 E OF CL OF WHITE BEAR AVE IN SEC 11, TN 29, RN 22 13 8 -14 -89 and a 30 -foot easterly extension of the south line of the following described property: THE E 199.93 FT OF N 180 FT OF S 345 FT OF NW 1/4 OF SE 1/4 OF NW 1/4 (SUBJ TO RD & ESMTS) IN SEC 11, TN 29, RN 22 and the East Demont Avenue right -of -way between a 30 -foot southerly extension of the west line of Lot 16, Block 8, Maplewood Addition, North St. Paul and the westerly right - of -way line Ariel Street WHEREAS, the following adjacent properties are affected: SUBJECT TO PONDING ESMT IN DOC NO. 2062039 & 40; THE FOL: PART OF LOTS 1 THRU 9 BLK 6. LYING NLY OF FOL DESC L; BEG ON EL OF & 60 FT S OF NE COR OF LOT 1 TH NWLY TO PT ON WL OF & 33 FT S OF NW COR OF LOT 4 TH NWLY TO & TERM AT PT ON NL OF & 13.10 FT W OF NE COR OF LOT 9, BLK 6 SUB TO AVE & ESMTS; VAC AVE & ALLEY ACCR & FOL; PART OF LOTS 1 THRU 11 BLK 6 BEG AT PT ON EL & 60 FT S OF NE COR OF LOT 1 TH NWLY TO PT ON W L & 33 FT S OF NW COR OF LOT 4 TH NWLY TO PT ON NL & 13.1 FT W OF NE COR OF LOT 9 TH W TO NW COR OF LOT 11 TH S ON WL 61.09 FT TH SELY TO PT ON WL & 114.45 FT SO OF NW COR OF LOT 4 TH SELY TO PT ON SL OF & 30 FT W OF SE COR OF LOT 1 TH E TO SE COR OF LOT 1 TH N TO BEG IN BLK 6 SUB TO AVE & ESMTS; VAC AVE & ALLEY ACCR & FOL; PART E OF CL OF WHITE BEAR AVE OF FOL; N 5 FT OF S 4 ACRES OF W 1/2 OF NE 1/4 OF NW 1/4 OF S 11 T 29 R 22 & IN SD MAPLEWOOD ADD PART OF LOTS 1 THRU 11 BLK 6 LYING S OF FOL DESC L; BEG ON WL & 61.09 FT S OF NW COR OF LOT 11 TH SE TO PT ON WL & 114.45 FT SO OF NW COR OF LOT 4 TH SE TO & TERM AT PT ON SL & 30 FT W OF SE COR OF LOT 1 & LOTS 19 THRU 30 BLK 6 & ALL OF BLK 7 VAC ALLEY ADJ LOTS 1, 2, 3, 28, 29 AND 30 AND ALL OF LOTS 1 THRU LOT 30 BLK 5 VAC ALLEY ADJ LOTS 1, 2, 3, 28, 29 AND 30 AND ALL OF LOTS 1 THRU LOT 30 BLK 8 ALL IN MAPLEWOOD ADDITION, NORTH ST.,PAUL, AND PART E OF CL OF WHITE BEAR AVE OF FOL; EX N 5 FT; THE S 4 ACRES OF W 1/2 OF NE 1/4 OF NW 1/4 (SUBJ TO RDS & ESMTS) IN SEC 11 TN 29 RN 22 14 8 -14 -89 SUBJ TO WHITE BEAR AVE AND GERMAN ST THE N 150 FT OF S 495 FT OF PART OF NW 1/4 OF BE 1/4 OF NW 1/4 E OF CL OF SD AVE IN SEC 11 TN 29 RN 22 SUBJ TO ST OVER E 33 FT THE S 62 98/100 FT OF N 278 94/100 FT OF NE 1/4 OF BE 1/4 OF NW 1/4 OF SEC 11 TN 29 RN 22 EX N 278.94 FT; THE NE 1/4 OF BE 1/4 OF NW 1/4 SUBJ TO RDS) IN SEC 11 TN 29 RN 22 SUBJ TO 8TH ST AND EX S 62.98/100 FT OF E 311 FT THE N 215 98/100 FT OF NE 1/4 OF BE 1/4 OF NW 1/4 OF SEC 11 TN 29 RN 22 WHEREAS, the procedural history of this vacation is as follows: 1. A majority of the owners of property abutting said street have sign a petition for this vacation; 2. This vacation was reviewed by the Planning Commission on July 17, 1989. The Planning Commission recommended to the City Council that this vacation be approved. 3. The City Council held a public hearing on August 14, 1989, to consider this vacation. Notice thereof was published and mailed pursuant to law. All persons present at this 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. WHEREAS, upon vacation of the above - described street, public interest in the property will accrue to the following- described abutting properties: SUBJ TO PONDING ESMT IN DOC NO 2062039 & 40; THE FOL; PART OF LOTS 1 THRU 9 BLK 6 LYING NLY OF FOL DESC L; BEG ON EL OF & 60 FT S OF NE COR OF LOT 1 TH NWLY TO PT ON WL OF & 33 FT S OF NW COR OF LOT 4 TH NWLY TO & TERM AT PT ON NL OF & 13.10 FT W OF NE COR OF LOT 9 BLK 6 SUB TO AVE 7 ESMTS; VAC AVE & ALLEY ACCR & FOL; PART OF LOTS 1 THRU 11 ELK 6 BEG AT PT ON EL & 609 FT S OF NE COR OF LOT 1 TH NWLY TO PT ON W L & 33 FT S OF NW COR OF LOT 4 TH NWLY TO PT ON NL & 13.1 FT W OF NE COR OF LOT 9 TH W TO NW COR OF LOT 11 TH S ON WL 61.09 FT TH SELY TO PT ON WL & 114.45 15 8 -14 -89 FT S OF NW COR OF LOT 4 TH SELY TO PT ON SL OF &. 30 FT W OF BE COR OF LOT 1 TH E TO SE COR OF LOT 1 TH N TO BEG IN BLK 6 SUB TO AVE & ESMTS; VAC AVE & ALLEY ACCR & FOL; PART E OF CL OF WHITE BEAR AVE OF FOL; N 5 FT OF S 4 ACRES OF W 1/2 OF NE 1/4 OF NW 1/4 OF S 11 T 29 R 22 & IN SD MAPLEWOOD ADD PART OF LOTS 1 THRU 11 BLK 6 LYING S OF SOL DESC L; BEG ON WL & 61.09 FT S OF NW COR OF LOT 11 TH SE TO PT ON WL & 114.45 FT S OF NW COR OF LOT 4 TH SE TO & TERM AT PT ON SL & 30 FT W OF BE COR OF LOT 1 & LOTS 19 THRU 30 BLK 6 & ALL OF BLK 7 VAC ALLEY ADJ LOTS 1. 2. 3. 28, 29 & 30 AND ALL OF LOTS 1 THRU LOT 30 BLK 5 VAC ALLEY ADJ LOTS 1, 2, 3, 28, 29 AND 30 AND ALL OF LOTS 1 THRU LOT 30 BLK 8 ALL IN MAPLEWOOD ADDITION, NORTH ST. PAUL, AND SUB TO WHITE BEAR AVE AND GERMAN ST THE N 150 FT OF S 495 FT OF PART OF NW 1/4 OF SE 1/4 OF NW 1/4 OF CL OF SD AVE IN SEC 11 TN 29 RN 22 THE E 199.93 FT OF N 180 FT OF S 345 FT OF NW 1/4 OF SE 1/4 OF NW 1/4 (SUBJ TO RD & ESMTS) IN SEC 11 TN 29 RN 22 NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that it is in the public interest to grant the above - described vacation on the basis of the following findings of fact: 1. The City has no plans for constructing the streets. 2. The adjoining properties have adequate street access. 3. These street segments are not needed for area traffic circulation or emergency vehicle access. Seconded by Councilmember Juker. Ayes - all. 11. Councilmember Bastian introduced the following resolution and moved its adoption: 89 - 8 - 125 WHEREAS, Gerald Mogren initiated proceedings to vacate the public interest in the following- described property: 16 8- 14 -89f The East Demont Avenue right -of -way between the easterly right -of -way line of White Bear Avenue and the westerly right -of -way line of German Street; - and the German Street right -of -way south of the south line of the following described property: Part E of CL of White Bear Ave of Fol: Ex N 5 ft; the S 4 acres of W 1/2 of NE 1/4 of NW 1/4 (Subj to Rds & Esmts) in Sec 11, Tn 29, Rn 22 to a 30 -foot easterly extension of the south line of the following described property: Subj to White Bear Ave 12th Ave and German St and Ex S 495 Ft part of NW 1/4 of SE 1/4 of NW 1/4 E of CL of White Bear Ave in Sec 11, Tn 29, Rn 22 WHEREAS, the following adjacent properties are affected: Part E of CL of White Bear Ave of Fol: Ex N 5 ft; the S 4 acres of W 1/2 of NE 1/4 of NW 1/4 (Subj to rds & esmts) in Sec 11, Tn 29, Rn 22 Sub to White Bear Ave 12th Ave and German St and Ex S 495 ft part of NW 1/4 of BE 1/4 of NW 1/4 E of CL of White Bear Ave in Sec 11, Tn 29, Rn 22 Sub to 8th St and Ex S 62 98/100 ft of E 311 ft the 215 96/100 ft of NE 1/4 of SE 1/4 of NW 1/4 of Sec 11, Tn 29, Rn 22 WHEREAS, the procedural history of this vacation is as follows: 1. A majority of the owners of property abutting said streets have signed a petition for this vacation; 2. This vacation was reviewed by the Planning Commission on July 17, 1989. The Planning commission recommended to the City Council that this vacation be approved. 3. The City Council held a public hearing on August 14, 1989, to consider this vacation. Notice thereof was published and mailed pursuant to law. All persons present at this 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. 17 8 -14 -89 WHEREAS, upon vacation of the above - described street right -of- way, public interest in the property will accrue to the following - described abutting properties: Sub to White Bear Ave 12th Ave and German St and Ex S 495 ft part of NW 1/4 of SE 1/4 of NW 1/4 E of CL of White Bear Ave in Sec 11, Tn 29, Rn 22 NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that it is in the public interest to grant the above - described vacation on the basis of the following findings of fact: 1. The adjoining property owners have no interest in improving the streets. 2. The adjoining properties have adequate street access. 3. These street segments are not needed for area traffic circulation or emergency vehicle access. Seconded by Councilmember Juker. - Ayes - all. 5. 7:40 P.M., Preliminary Plat: Hillwood Oaks No. 2 ( Hennen). a. Mayor Greavu convened the meeting for a public hearing regarding the request of Robert Hennen to approve a preliminary plat for the previously approved second phase of the South Oaks Second Addition. b. Manager McGuire presented the staff report. C. Director of Community Development Olson presented the specifics of the proposal. d. Commissioner Ralph Sletten presented the Planning Commission recommendation. e. Richard Dince, representing the Hennen Development Company, stated they object to sidewalk escrow condition. f. Larry Samstad, Itaska Engineering, representing the Hennen Development Company, reviewed the conditions as recommended. g. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following expressed their views: B. Philbrook, 2634 Keller Parkway Phyllis Cunningham, 2339 Hillwood Drive Robert Hennen, Hennen Development Company h. Mayor Greavu closed the public hearing. 18 8 -14 -89 i. Councilmember Anderson moved to table Item F -5 and instructed the developer to present to Council acontour model or equivalent and also show where trees will be removed. Seconded by Councilmember Juker. Ayes - all. G. AWARD OF BIDS None. H. UNFINISHED BUSINESS 1. Brooks Avenue Water Main Project 88 -08 a. Senior Citizen Deferment Senior Citizen Deferment application never received. b. Award of Bids 1. Mayor Greavu introduced the following resolution and moved its adoption: 89 -8 -126 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Meyer Contracting in the amount of $31,996.52 is the lowest responsible bid for the construction of Brooks Avenue Water Main -- Hazelwood to Germain, City Project 88 -08, and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for an on behalf of the City. Seconded by Councilmember Anderson. Ayes - all. 2. County Road C /Keller Parkway Watermain Project 88 -10 (Assessment Appeals) a. Manager McGuire presented the staff report. b. Councilmember Anderson moved to reduce assessment for Parcel 09- 29 -22- 22. -0003, 910 E. County Road C to one unit. Seconded by Mayor Greavu.Ayes - all. c. Councilmember Anderson moved to reduce the assessment for Parcel 04- 29- _22 -33 -0006; 931 E. County Road C to one unit and that if the property is improved a cash connection will be required. Seconded by Mayor Greavu.Ayes - all. d. Mayor Greavu moved that the assessments for the following properties remain unchanged: 19 8 -14 -89 09- 29 -22 -22 -0008, 09- 29 -22 -22 -0011, 09- 29 -22 -22 -0005, 09- 29 -22 -22 -0020, 09- 29 -22 -22 -0019, 09- 29 -22 -22 -0021, 09- 29 -22 -22 -0022, 09- 29 -22 -22 -0016, 2634 Keller Parkway 2616 Keller Parkway 842 E. County Road C Halloran) 854 Palm Court 838 Palm Court 830 Palm Court 837 Palm Court Seconded by Councilmember Anderson. 3. Liquor License Ordinance Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Rossbach Nay - Councilmember Bastian a. Manager McGuire presented the staff report. b. Mayor Greavu introduced the following ordinance and moved its adoption: ORDINANCE NO. 649 AMENDING SECTION 5 -38 Sec. 5 -38. Premises which may not be licensed; limitations on number of licenses. a) No non - intoxicating malt liquor license may be issued under this article for premises located within an area wherein such use of the premises is prohibited by the zoning ordinance, nor within an area where such sales are forbidden by state law or any other ordinance of the City. b) No "on -sale" license may be issued under this article for premises located within 1,000 feet of a church or school building located in the City, and no "off- sale" license shall be issued for premises located within 100 feet of a church or school building. The distance is to be measured from the nearest property line to the nearest property line. c) Not more than one license may be issued under this article to any person in the City. Seconded by Councilmember Anderson. Ayes - all. c. Councilmember Bastian moved to table the Liquor License Ordinance until the next meeting. Seconded by Councilmember Anderson. Ayes - all. I. NEW BUSINESS 20 8 -14 -89 1. Tax Forfeited Property: Larpenteur and Adolphus Street a. Manager McGuire presented the staff report. b. Director of Parks and Recreation Odegard presented the specifics of the proposal. c. The following area residents expressed their views: Larry Dittel, 1754 Onacrest Curve (Wants to buy property for 2 homes) Don Bondson, 1733 Agate (Petition in favor of use deed option) Mike Dittel, 1760 Onacrest Curve (Wants to buy some property for home) Shirley Walker, 1748 Onacrest (Wants Parcel to remain open space) d. Councilmember Rossbach moved that the City apply for a Use Deed to P.I.N. 18- 29 -22 -43 -0024 and approve the attached Council Resolution, which will be submitted to the Ramsey County Finance, Personnel and Management Committee, which will review it for presentation to the County Board of Commissioners. Seconded by councilmember Anderson. Ayes - all. 8. C. Little Addition a. Manager McGuire presented the staff report. b. Dennis Peck, PARE Association, 2172 Payne Avenue, spoke regarding the drainage easement issue. C. Mayor Greavu moved that the City Council make a finding that the off - site drainage easements for C. Little Addition are in the public interest and direct staff to proceed with eminent domain after the developer Provides an escrow of 1508 of the estimated cost. Seconded by Councilmember Anderson M. ADJOURNMENT OF THE AUGUST 14, 1989 MEETING 10:56 P.M. A. MEETING OF AUGUST 17, 1989 Ayes - all. Mayor Greavu reconvened the meeting at 4:35 P.M. B. ROLL CALL John C. Greavu, Mayor Norman G. Anderson, Councilmember Gary W. Bastian, Councilmember Frances L. Juker, Councilmember Present Present Absent Present 21 8 -14 -89 George F. Rossbach, Councilmember Present I. NEW BUSINESS (Continued) 2. Tax Increment Funds for Playcrest Park a. Manager McGuire presented the staff report. b. Director of park and Recreation Odegard explained the proposal. c. Mayor Greavu authorized for Playcrest Park the use of $65,000 from the Tax Increment District No. 1 Fund, and $85,000 from the Cottages of Maplewood tax increment bonds to be issued this Fall. Seconded by Councilmember Anderson. Ayes - all. 3. Conditional Use Permit Renewal: 2228 Maplewood Drive (Citgo Fuel Station) a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the proposal. c. Councilmember Anderson moved to approve the renewal of the Conditional Use Permit for a fuel station at 2228 Maplewood Drive, subject to compliance with the original conditions of approval and completion of the remaining site improvement within 60 days. Seconded by Mayor Greavu. Ayes - all. d. Council instructed staff to investigate the drainage at this site. 4. Code Amendment: Motor Fuel Station (1st Reading) a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the proposed ordinance. c. Commissioner Ralph Sletten presented the Planning commission recommendation. d. Councilmember Anderson moved first reading of an ordinance amending the BC, BC(M) and M -1 Districts, especially as they pertain to motor fuel stations. Seconded by Mayor Greavu. Ayes - all. 5. Code Amendment: Planning Commission Procedure ('let Reading) a. Manager McGuire presented the staff report. 22 8 -14 -85 b. Commissioner Ralph Sletten presented the Planning Commission recommendation. 6 c. Councilmember Rossbach moved first reading of an ordinance allowing the Planning Commission to elect its Chairperson and designating a date for its annual report. Seconded by Councilmember Anderson. Ayes - all. Planning Commission's Rules of Procedure a. Manager McGuire presented the staff report. b. Mayor Greavu moved to approve the revisions to the Planning commission Rules of Procedure. Seconded by Councilmember Anderson. Ayes - all. 7. Action Plan For Seniors a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report. c. Councilmember Anderson moved to authorize the staff to formulate a committee to determine needs and to develop an action plan for providing services and housing for seniors and other persons with special living needs and staff is to see that there is a balance of age groups. Seconded by Mayor Greavu. Ayes - all. 8. C. Little Addition Discussed after item I -1. 9. Authorization to Hire Engineering Tech a. Manager McGuire presented the staff report. b. Mayor Greavu moved to authorize the hiring of an engineering technician to fill the vacancy. Seconded by Councilmember Juker. Ayes - all. 10. Footprint Lake Storm Sewer Project 87 -32: Schedule Public Hearing a. Manager McGuire presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 23 8 -14 -89 89 - 8 - 127 WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare a report with reference to the improvement of area roughly bounded by English Street, Gervais Avenue, White Bear Avenue, and Ryan Avenue, City Project 87 -32, by construction f storm sewer, and WHEREAS, the said City Engineer has prepared the aforesaid report for the improvement herein described: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The report of the City engineer advising this Council that the proposed improvement of area roughly bounded by English Street, Gervais Avenue, White Bear Avenue, and Ryan Avenue, City Project 87 -32, by construction of storm sewer is feasible and should best be made as proposed, is hereby received. 2. The Council will consider the aforesaid improvement in accordance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement according to MSA Chapter 429, at an estimated total cost of the improvement of $1,444,200. 3. A public hearing will be held at John Glenn School on Thursday, the 14th day of September, 1989, at 7:00 P.M., to consider said improvement. The City Clerk shall give mailed and published notice of said hearing and improvement as required by law. Seconded by Councilmember Rossbach. Ayes - all... 11. Water District No. 8 Project 86 -15: Schedule Assessment Hearing a. Manager McGuire presented the staff report. b. Councilmember Anderson introduced the following resolution and moved its adoption: 89 -8 -128 WHEREAS, the City Clerk and City Engineer have received final costs for the improvement of Water District 8 Improvements, City Project 86 -15. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets 24 8 -14 -89 affects, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City office for inspection. Seconded by Councilmember Rossbach. Ayes - all. C. Councilmember Anderson introduced the following resolution and moved its adoption: 89 -8 -129 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Water District 8 Improvements, City Project 86 -15, and the said assessment is on file in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 28th day of September, 1989, at Carver School at 7:00 P.M., to pass upon ouch proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners . of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the Clerk and that written or oral objections will be considered. Seconded by Councilmember Rossbach. Ayes - all. 12. Diseased Tree Removal Cost Recovery a. Manager McGuire stated that currently five (5) property owners have requested the City to finance the cost of removing diseased trees from their property. The city can certify the cost against the property with payments being collected with the property taxes. A public hearing is required for their process. b. Mayor Greavu moved to set a public hearing for 7:00 P.M., September 11, 1989, for this purpose. 25 8 -14 -89 Seconded by Councilmember Juker.Ayes - all. 13. Southlawn Avenue Project 85 -17: Change order Four a. Manager McGuire presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: - 89 -8 -130 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 85 -17 and has let construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract in the amount of 476,916.97 be modified and designated as Improvement Project 85 -17 Change Order Four. 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 Four in the amount of a credit of $978. Seconded by councilmember Juker.Ayes - all. 14. Water District No. 8, Project 86 -15: Change Order Two a. Manager McGuire presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 89 -8- 131 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 86 -15 and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract in the amount of $134,140.00 be modified and designated as Improvement Project 86 -15, 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 $570. Seconded by Councilmember Anderson. Ayes - all. 15. Gervais Avenue Project 88 -14: Change Order Three 26 8- 14 -89'` a. Manager McGuire presented the staff report. b. Councilmember Anderson introduced the following resolution and moved its adoption: - 89 - 8 - 132 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 in the amount of $295,664.95 be modified and designated as Improvement Project 88 -14, Change Order Three. 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 Three in the amount of $505.. Seconded by Mayor Greavu. Ayes - all. J. VISITOR PRESENTATION None. K. COUNCIL PRESENTATIONS 1. Estate Zone a. Councilmember Anderson moved to instruct staff to investigate placing a moratorium on development in the southern area of the City; initiating estate zoning in order to preserve trees; and look into the North Oaks Ordinances on wooded lots. Seconded by Councilmember Juker. Ayes - all. 2. Water Department a. Councilmember Anderson stated representatives from Maplewood should be on the St. Paul Water Board. Investigate going before the legislature to ask for such representation. 3. St. Paul Pioneer Press /Dispatch a. Councilmember Juker moved to authorize staff to contact the St. Paul Pioneer Press /Dispatch to find out why Maplewood does not have better coverage. 27 8 -14 -89 Seconded by Councilmember Anderson. - Ayes - all. 4. Fina Dirt Pile a. Councilmember Anderson questioned what is happening regarding the Fins dirt pile at County Road B and Van Dyke. b. Manager stated Fina is attempting to obtain a permit for the DNR and haul the dirt to Iowa. 5. Elm Trees Previously discussed. 6. Soil and Aggregate Stock Piles a. Councilmember Rossbach commented on the various locations of the soil and aggregate stock piles. b. Council instructed staff to find a way of either eliminating them all together or supervising them. 7. Contour Models a. Councilmember Rossbach stated that the contour maps that come with plats are difficult to understand what they mean. 8. 1343 Kohlman a. Councilmember Rossbach stated Council had authorized the removal of 1343 Kohlman but nothing has happened. b. Staff stated procedures are being followed to remove the dwelling. 9. Renaming Street a. Mayor Greavu moved to rename Ids Street from Frost Avenue north to dead end as Donna Sentry Drive. 10. Parking Lot a. Councilmember Juker instructed staff to notify Miller Meats to repair their parking lot. L. ADMINISTRATIVE PRESENTATIONS 1. Set Meeting Date a. Council set August 31, 1989, as a meeting date to discuss labor negotiations and the sexual harassment policy. M. ADJOURN THE AUGUST 17, 1989 MEETING 28 8 -14 -SS 6:50 P.M. 29 City Clerk 8 -14 -89 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, August 28, 1989 and 4:30 P.M., Thursday, August 31, 1989 Council Chambers, Municipal Building Meeting No. 89 -19 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 7:02 P.M., by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present C. APPROVAL OF MINUTES None. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Appointment to Ramsey /Washington Watershed 2. H.R.A. 3. Stop Sign, County Road D and White Bear Avenue 4. Parke and Recreation 5. Hillside park Seconded by Councilmember Rossbach. Ayes - all. E -A PRESENTATION 1. Loyal Order of Moose Presentation a. Mr. Thomas Hagen, representing the Loyal Order of Moose, introduced Bob Scott, Governor of the Moose. b. Mr. Bob Scott presented Larry Cude, Emergency Service, a check for 1600 to buy communication equipment. c. Council thanked the Moose for their generosity. 1 8 -28 -89 E. CONSENT AGENDA Mayor Greavu moved, Seconded by Councilmember Juker, Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Rossbach, Nay - Councilmember Bastian, to aoorove the Consent Agenda, Items E -1 through 5 as recommended. 1. Approval of Claims ACCOUNTS PAYABLE; 623,211.01 S 151,084.76 774,295.77 PAYROLL: 173,128.49 S 33,117.27 206,245.76 980,541.53 checks #4653 - #4723 Dated 08 -01 -89 thru 08 -17 -89 Checks #1802 - #1931 Dated 08 -28 -89 Total per attached voucher /check register Payroll Checks Payroll Deductions Total Payroll GRAND TOTAL 2. Budget Transfer - Computer Cabling Approved the budget transfer of $5,750.00 from the Contingency Account to Account 101 - 110 -4730 to cover the cost of installing five additional data lines for access to personal computers and printers. 3. Final Payment - Project 89 -14, Bituminous Resurfacing Resolution No. 89 - 9 - 133 WHEREAS, pursuant to a written contract signed by the City on July 24, 1989, Northwest Asphalt, Inc., has satisfactorily completed Bituminous Resurfacing Project 89 -14 in accordance with such contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the work completed under such contract is hereby accepted and approved; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, taking the contractor's receipt in full. 2 8 -28 -89 4. Budget Change For Donated Vehicle Approved to increase the Revenue Account 101 -3803 by $1100 and as a $1,100 capital outlay expenditure 101 - 402 -4610 and accept the donation of a 1968 van from UPS to the Public Safety Department. 5. Budget Change Approved to correct the pay rate for two Nature Center employees for 1989 by transferring $4,200 from the contingency account to the appropriate account. 6. Budget Change Approved the budget transfer of $4,200 from the contingency account to the appropriate accounts to cover the costs of expanded hours of the Nature Center. F. PUBLIC HEARINGS 1. 7:00 P.M., Tax Exempt Financing: Maplewood Care Center (1905 Cope Avenue) a. Mayor Greavu convened the meeting for a public hearing regarding the request of the Volunteers of America for preliminary approval of tax exempt financing for $5,300,000 in order to purchase the Maplewood Care Center. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. James Anderson, Chief Financial Officer, Volunteers of America, spoke on behalf of the proposal. e. Mary Ippel, Briggs and Morgan, Bonding Consultant, answered questions from the Council. f. Mayor Greavu called for persons who wished to be heard, for or against the proposal. None were heard. g. Mayor Greavu closed the public hearing. h. Councilmember Anderson moved to approve the Tax exempt financing as requested subiect to the following improvements to the building and site: 1. The remainder of the building must be sprinklered to meet the building code over a two -year period.. 2. Thirteen (13) additional parking spaces shall be added, subject to approval of the Community Design Review Board. 3 8 -28 -89 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. Staff to review the address as 1905 Cope. Seconded by Mayor Greavu. Ayes - all i. Councilmember Anderson introduced the following resolution and moved its adoption: 89 -8- 134 RESOLUTION RECITING A PROPOSAL FOR A NURSING HOME FACILITY PROJECT GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO MINNESOTA STATUTES, SECTIONS 469.152 THROUGH .165 VOA Care Centers, Minnesota Project) WHEREAS, a) The City of Maplewood, Minnesota (the "City ") has received from VOA Care Centers, Minnesota, a nonprofit corporation organized under the laws of the State of Minnesota (the "Company "), a proposal that the City assist in financing a Project consisting of the acquisition of a nursing home facility in the City of Maplewood, Minnesota, through the issuance of a revenue bond or bonds or a revenue note or notes, in a single issue or in a series (hereinafter referred to in this resolution as "Revenue Bonds ") pursuant to Minnesota Statutes, Sections 469.152 through .165 (the Act ") b) The City desires to facilitate the selective development of the City 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; c) The City has been advised by representatives of the Company that conventional, commercial financing to pay the capital costs 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, but the Company has also advised this City Council that with the aid of municipal financing, and its resulting low borrowing cost, the Project is economically more feasible; d) The City, pursuant to Minnesota Statutes, Section 469.154, Subdivision 4, did publish a notice, a copy of which with proof of publication is on file in the office of the Planning Director of the City located in the City Hall of the City of the public hearing on the proposal of the Company that the City finance the Project and the City did conduct 4 8-28-89 a public hearing pursuant to said notice on August 28, 1989, at 7:00 o'clock P.M., at which hearing all persons who appeared at the hearing were given an opportunity to express their views with respect to the proposal; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, as follows: 1. The City Council hereby gives preliminary approval to the proposal of the Company that the City undertake the Project pursuant to the Act, consisting of the acquisition of facilities within the City suitable for the operations described above and to a revenue agreement between the City and the 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 Revenue Bonds in the total principal amount of approximately $4,300,000 to be issued pursuant to the Act to finance the acquisition of the Project; and said agreement may also provide for the entire interest of Company therein to be mortgaged to the purchaser or purchasers of the Revenue Bonds; and the City hereby undertakes preliminarily to issue its Revenue Bonds in accordance with such terms and conditions; 2. On the basis of information available to this City Council, it appears, and the City Council hereby finds, that the Project constitutes properties, real and personal, within the meaning of Subdivision 2 of Section 469.153 of the Act; that the Project furthers the purposes stated in Section 469.152 of the Act; that the Project would not be undertaken but for the availability of industrial bond financing; that the availability of the financing under the Act and willingness of the City to furnish such financing will be a substantial inducement to the Company to undertake the Project, and that the effect of the Project, if undertaken, will be to assist the Company in the acquisition of'a nursing home facility providing needed elderly health care facilities and generally aiding in the redevelopment and revitalization of the City and to aid employment in the community by retaining and creating the full -time equivalent of approximately employment opportunities, and by these means to encourage the development of economically sound commerce to assist in the prevention of the emergence of blighted and marginal land, to help prevent chronic unemployment, to help the city retain and improve its tax base and provide the range of services and employment opportunities required by its population, to help prevent the movement of talented and educated persons out of the State, to promote more intensive development and use of land within the City and otherwise furthering these and other purposes set forth in Minnesota Statutes, Section 469.152; 3. The Project is hereby given preliminary approval by the City subject to the approval of the Project by the Minnesota Department of Trade and Economic Development ( "DTED"), and subject to final approval by this City Council, the Company, and the purchaser or purchasers of the Revenue Bonds as to the ultimate details of the financing of the Project; 5 8 -28 -89 4. The Mayor is hereby authorized and directed to submit the proposal for the Project to DTED requesting its approval, and other officers, employees and agents of the City are hereby authorized to provide DTED with such preliminary information as it may require; 5. 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 DTED will be paid by the Company; 6. Briggs and Morgan, Professional Association, acting as bond counsel, and Dougherty, Dawkins, Strand & Yost, Incorporated, investment bankers, are authorized to assist in the preparation and review of necessary documents relating to the Project, to consult with the City Attorney, the Company and the purchaser or purchasers of the Revenue Bonds as to the maturities, interest rates and other terms and provisions of the Revenue Bonds and as to the covenants and other provisions of the necessary documents and to submit such documents to the Board for final approval; 7. Nothing 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 Revenue Bonds 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 or holders of the Revenue Bonds shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal on the Revenue Bonds or the interest thereon, or to enforce payment thereof against any property of the City. The Revenue Bonds shall recite in substance that the Revenue Bonds, including interest thereon, are payable solely from the revenue and proceeds pledged to the payment thereof. The Revenue Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; 8. In anticipation of the approval by DTED and the issuance of the Revenue 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, the Company is hereby authorized to make such expenditures and advances toward payment of that portion of the Costs of the Project to be financed from the proceeds of the Revenue Bonds as the Company Considers necessary, including the use of interim, short -term financing, subject to reimbursement from the proceeds of the Revenue Bonds if and when delivered but otherwise without liability on the part of the City; 9. The actions of the City Council and staff in causing public notice of the public hearing and in describing the general nature of the Project and estimating the principal amount of the Revenue Bonds to be issued to finance the Project and in preparing a draft of the proposed application to DTED for approval of the Project, which has been available for inspection by the public in the offices of the Planning Director of the 6 8 -28 -85 City from and after the publication of notice of the hearing, are in all respects ratified and confirmed. Seconded by Mayor Greavu. G. AWARD OF BIDS Ayes - all. 1. County Road C - Keller Parkway Water, Project 88 -10 a. Manager McGuire presented the Staff report. b. Councilmember Bastian introduced the following resolution and moved its adoption: 89 - 8 - 135 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Danner, Inc., in the amount of $112,663.40 is the lowest responsible bid for the construction of Keller Parkway /County Road C Water Main, City Project 88 -10, 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 Anderson. H. UNFINISHED BUSINESS 1. Preliminary Plat Revision: Woods and Ponds Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Rossbach Nay - Councilmember Bastian. a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the proposal. C. Sam Cave, Ed Cave & Sons, Inc., spoke on behalf of his request. d. Councilmember Rossbach moved to approve Cave's Woods and Ponds Addition preliminary plat (plans stamped August 28, 1986) subject to the following conditions being met before final plat approval: 1. Conditions a. The plat may be revised to allow a driveway from Lot 7 to Currie Street, subject to the approval of the Director of Community Development. b. An opinion shall be submitted by a certified soils expert which describes the soil correction procedure(B) 7 8 -28 -89 necessary to prepare the areas proposed as building sites for Lots 1, 2, 3 and 4 of Block One. These procedures shall be included in the developer's agreement. c. The final grading, drainage, utility and erosion control plane shall be approved by the City Engineer. These plans shall include, but not be limited to: 1) A proposed building pad elevation and contour information for each home site, as well as the areas to be disturbed for street construction. Housing styles shall be illustrated which minimize grading on sites that contain trees to be preserved. Deviation from this approved grading plan may be permitted by the City Engineer, provided that the intent of the overall grading plan is complied with. 2) The location of the four -inch and larger diameter trees to be saved shall be shown on the grading plan. The location and type of trees to be replanted (Condition e.) shall be shown in the grading plan. 3) The pad for Lot 12 shall be revised to meet the rear yard setback of 53 feet. 4) In the grading plan, show the location of the driveway for Lot 13, Block One, including the area for the required turn - around. 5) The grading plan shall maximize preservation of the hill and trees on Lot One, Block Two, as much as possible. 6) The use of a temporary rock entrance pad, during construction. 7) Revise the house pads on Larpenteur Avenue to provide a 70 -foot setback from the pipeline with 5 -6 feet of berming. 8) The grading of Lots 8 and 9 shall be revised to save the trees adjacent to the pond. d. Submittal to the City a 100 - foot - diameter easement for the temporary cul -de -sac for the Currie Street right -of- way. e. Submittal of a signed developer's agreement to the City Engineer with the required surety for all public, 8 8 -28 -8! street, ponding and utility improvements required for this development. This agreement shall also guarantee: 1) That trees will be planted to comply with Section 9 -191 (5) (b) of the environmental protection ordinance. 2) That the prescribed soil correction procedure(s) in Condition b. (above) will be followed. 3) Construction of driveway turn - arounds for Lots 1, 2, 3, 4, 12 and 13, Block One. 4) Construction of driveways for Lots 7 and 12, Block One, that comply with the requirements of Section 10.207 of the Uniform Fire Code. 2. Deny the rear yard setback variances, on the basis that they do not meet the findings required by State law for a variance. Homes can be constructed to meet the setbacks. 3. Approve a setback of 70 feet from the pipeline in Larpenteur Avenue, provided that 5 - 6 feet of berming is provided in the front yards. Seconded by councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Rossbach Nay - Councilmember Juker 2. Preliminary Plat: Hillwood Oaks No. 2 (Hennen) a. Manager McGuire presented the staff report. b. Larry Samstad, Itaska Eng., representing Henne Development, spoke on behalf of the proposal. c. Donald Campbell, Land Surveyor, also spoke. d. Mayor Greavu moved to approve the Preliminary plat for Hillwood Oaks Number Two (pla Mav 5, 19891 subiect to the following conditions being met before final Plat approval: 1. The plat shall be revised as illustrated on the map on page 10 so that the lot line between Lots 2 and 3, Block One shall be moved slightly to the east so that the rear corner of the lots matches the rear corner of Lots 5 and 6, Block One, South Oaks Second Addition. 2. Outlot A shall be deeded to the City if the owner to the south agrees to accept the land. If not, Outlot A shall be combined with Lot 5, Block 2. 9 8 -28 -89 3. Prior to any further grading on the site, the final grading, drainage, utility, erosion control, and street plans shall be approved by the City Engineer. These plans shall include, but not be limited to: a) A proposed building pad elevation and contour information for each home site, as well as the areas to be disturbed for the construction of the streets and the storm water pond. Housing styles shall be illustrated which minimize grading on sites that have trees to be preserved. Deviation from this approved grading plan may be permitted by the City Engineer, provided that the intent of the overall grading plan is complied with. b) Each tree to be saved shall be shown on the grading plan. These trees shall also be identified on the site. c) The use of rock entrance pads, silt fences and seed and mulch during construction to control soil erosion and sedimentation. d) The erosion control plan shall include a protected overflow swale leading from McKnight Road to the north corner of the pond. e) Submittal to the City Engineer of a signed developer's agreement with the required surety for the above items. 4. Approval of a tree removal and planting plan by the Director of Community Development before grading or construction begins, or final plat approval is given. This plan must illustrate the trees that are to be removed, those that are to be retained and those that are to be replanted. 5. Submittal to the City Engineer of a signed developer's agreement with the required surety. This agreement shall address, but not be limited to: a) Construction of all public improvements, ponding, erosion control and tree planting required for this development. b) Removal of the temporary cul -de -sac for Hillwood Drive, construction of a permanent Hillwood Drive street section (curb, gutter, etc.) and restoration of the temporary cul -de -sac area outside of the permanent street section to an acceptable grade with a grass surface. 10 8 -28 -89 c) The replanting of trees so that there are at least 10 trees on each acre (2 -inch minimum diameter for new of 4 -inch minimum diameter for existing) following all construction. Trees to be saved shall be appropriately fenced during grading and all construction. Seconded by Councilmember Rossbach. Councilmember Rossbach moved to amend the motion and include the following as a condition: To change the contours so that the pathway be at least 4 feet in from the curb and be level with the curb and be located on the south side of the street. Seconded by Councilmember Bastian. Voting on original motion. Ayes - Mayor Greavu, Councilmembers Bastian, Juker and Rossbach Nay - Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Bastian and Rossbach Nays - Councilmembers Anderson and Juker. 3. Code Amendment: Planning Commission Procedure (2nd Reading) a. Manager McGuire presented the staff report. b. Councilmember Bastian introduced the following ordinance and moved its adoption: ORDINANCE NO. 650 AN ORDINANCE ALLOWING THE PLANNING COMMISSION TO ELECT ITS CHAIRPERSON AND DESIGNATING A DATE FOR ITS ANNUAL REPORT THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 1. Section 25 -20 is amended as follows: Sec. 25 -20. Chairperson. The chairperson of the Planning Commission shall be elected by the Planning Commission at the first meeting January.of each year from among the members of the Planning Commission. The chairperson shall be responsible for calling and presiding at meetings and shall be entitled to an equal vote with other members of the Commission. 11 8 -28 -89 Section 2. Section 25 -22 is amended as follows: Sec. 25 -22. officers; meetings, rules of procedure, public attendance; etc. a) The Planning Commission shall elect its own officers, establish meeting times, and adopt its own rules of procedure to be reviewed and approved by the City Council. b) All meetings of the Planning Commission shall be open to the public. Section 3. Section 25 -23 (5) is' amended as follows: 5) To review, prepare and make a report to the City Council by the second City Council Meeting in February of each year regarding the Commission's activities in the past year and major projects for the new year. Section 4. Section 25-23 (8) is amended as follows: 8) To review and make recommendations to the City Council on development applications, such as rezonings, conditional use permits, variances, vacations, preliminary plats and home occupation licenses. 9) To accept such other and further duties as may, from time to time, be directed by the City Council, including conducting hearings. Section 5. This ordinance shall take effect upon its passage and publication. Seconded by Mayor Greavu. Ayes - 4. Liquor License Ordinance (2nd Reading), a. Manager McGuire presented the staff report. b. Director of Public Safety Collins presented the proposed ordinance in detail. C. Mayor Greavu introduced the following ordinance and moved its adoption: ORDINANCE NO. 651 ALCOHOLIC BEVERAGES Art. I. In General. S.S. 5 -1 to 5 -20 Art. II. Non - Intoxicating Malt Liquors, S.S. 5 -21 to 5 -35 Div. 1. Generally. S.S. 5 -21 to 5 -35 12 8 -28 -8S Div. 2. Licenses, S.S. 5 -36 to 5 -60 Art. III. Intoxicating Liquors, S.S. 5 -61 to 5 -155 Div. 1._ Generally, S.S. 5 -61 to 5 -95 Div. 2. "On -Sale" and "Off- Sale" Licenses, S.S. 5 -96 to 5 -125 Div. 3. "On -Sale Wine Licenses," S.S. 5 -126 to 5 -145 Div. 4. Bottle Clubs, S.S. 5 -146 to 5 -155 ARTICLE I. IN GENERAL. Sec. 5 -1. Proof of age for consuming, purchasing or possessing alcoholic beverages. Proof of age for consuming, purchasing or possessing an alcoholic beverage, the consumption, sale or possession of which is regulating under this chapter by age, may be established only by a valid state driver's license or a current Minnesota identification card, or in the case of a foreign national by a valid passport. State law reference - Similar provisions, M.S. 340A,.503(a). Sec. 5 -2. Persons under 21 years of age; misrepresentation of age to obtain alcoholic beverages; possession or consumption of alcoholic beverages, etc. a) It is unlawful for a person under the age of 21 years to claim to be 21 years old or older for the purpose of obtaining alcoholic beverages. b) It is unlawful for a person under the age of 21 years to possess any alcoholic beverage with intent to consume it as a place other than the household of the person's parent or guardian. State law reference - Intoxicating liquors, M.S. Ch. 340A. c) It is unlawful for anyone under the age of 21 years to consume any alcoholic beverages unless in the household of the person's parent or guardian and with the consent of the parent or guardian. State law reference - Similar provisions, M.S. 304A.503, subds. 1, 3, 5. Sec. 5 -3. Licensee responsible for acts of employees, etc. a) Any act by a clerk, barkeeper, agent, or employee of a licensee under this chapter, in violation of this chapter, is deemed the act of the employer and licensee of such place as well as that of said clerk, barkeeper, agent, or employee, and every such employer and licensee is liable to all the penalties provided for the violation of same, equally with said clerk, barkeeper, agent, or employee, except for felonies of manufacture, transport, import or sale /gift of poisonous alcohol; sale of an alcoholic beverage without a license is a gross misdemeanor. b) Any sale of intoxicating liquor by a clerk, barkeeper, agent, or employee made in or from a place licensed under this chapter to sell non - intoxicating malt liquor, but not licensed to sell intoxicating liquor, is deemed the act of the employer 13 8 -28 -89 and licensee, as well as that of the person actually making the sale, and every such employer and licensee of such place is liable to all the penalties provided for such sale, equally with the person actually making the same, except for felonies of manufacture, transport, import of sale /gift of poisonous alcohol; sale of an alcoholic beverage without a license is a gross misdemeanor. Sec. 5 -4. Keeping of house, etc., for unlicensed sale of intoxicating liquor, customers thereat, etc. It is a misdemeanor: 1) To keep within the City a house or place for the unlicensed sale of intoxicating liquor; or 2) To visit such house or place to purchase or consume any intoxicating liquor sold on the premises. Sec. 5 -5. Drinking beer or intoxicating liquor on public street, etc., or while trespassing on private property. No person shall, upon the public streets, lanes or alleys of the city, or being a trespasser upon the private premises of another, drink beer or intoxicating liquor. Sec. 5 -6. License fees, investigation charges, etc., to be imposed and fixed by resolution of City Council if not expressly imposed or fixed in this chapter. Unless expressly provided for in this chapter, the amount of any license, permit, investigation, etc., fee or charge required to be paid by this chapter shall be in such amount as may be imposed, set, established and fixed by the City Council, by resolution, from time to time. ARTICLE II. NON- INTOXICATING MALT LIQUORS DIVISION 1. GENERALLY Sec. 5 -21. Definitions For the purposes of this article, the following terms, words and phrases have the meanings respectively ascribed to them: Alcoholic beverage: "Alcoholic beverage" is any beverage containing more than one- half of one percent alcohol by volume. Bona fide club: A bona fide club is an organization organized for social purposes, business purposes, for intellectual improvement, or for the promotion of sports where the serving of non - intoxicating malt liquor is incidental to and not the main purpose of the club. 14 8 -28 -89 Intoxicating liquor and liquor: "Intoxicating liquor" and "liquor" mean ethyl alcohol, distilled, fermented, spirituous, vinous and malt beverages containing more than 3.2 percent of alcohol by weight. Non - intoxicating malt liquor: Non - intoxicating malt liquor is malt liquor containing not less than one -half of one percent alcohol by volume nor more than 3.2 percent alcohol by weight. Off -sale: "Off- sale" is the sale of non - intoxicating malt liquor for consumption off the premises only. Person: "Person" includes any individual, partnership, association, trust, institution, corporation, or municipality, and includes also a municipal liquor store. Sale," "sell," and "purchase," include all barters, exchanges, gifts, sales, purchases and other means used to obtain or furnish liquor as above - described, directly or indirectly, in violation or evasion of this ordinance but does not include sales by state license, liquor wholesalers selling to licensed retailers. Cross reference - Rules of construction and definitions generally, S.S. 1 -41, at seq. State law reference - Similar provisions, M.S. 340A.101; 645.44, subd. 7. Sec. 5 -22. Hours of Sale, Hours of consumption. No non - intoxicating malt liquor shall be A.M. on the days of Monday through Saturday, Sundays. sole in the City between 1:00 A.M. and 8:00 nor between 1:00 A.M. and 12:00 noon on No "on- sale" licensee shall permit non - intoxicating malt liquors to be consumed on the licensed premises during the hours when the sale thereof is prohibited by this section; provided, however, that the licensee shall be allowed a 30- minute period following the 1:00 A.M. closing hour to clear the premises of customers who are on the premises at 1:00 A.M., and such customers during that time may consume intoxicating malt beverages purchased by them before 1:00 A.M. State law reference -Sales of non - intoxicating malt liquor, closing hours, M.S. 340A.504. Sec. 5 -23. Persons under 21 years; sale to, consumption by, procuring for; etc. It is unlawful in the City for a: 1) Licensee or the licensee's employee to sell or serve non - intoxicating malt liquor to a person under the age of 21 years or to permit a person under the age of 21 years to consume non - intoxicating malt liquor on the licensed premises; 2) Person other than the parent or legal guardian to procure non - intoxicating malt liquor for a person under the age of 21 years; 3) Person top induce a person under the age of 21 years to purchase or procure non- intoxicating malt liquor. 15 8 -28 -89 4) Person under the age of 21 years to claim to be 21 years or older for the purpose of obtaining non - intoxicating malt liquor; 5) Person under the age of 21 years to consume any non - intoxicating malt liquor unless in the company of the person's parent or guardian; 6) Person under the age of 21 years to possess any non- intoxicating malt liquor, with intent to consume it at a place other than the household of the person's parent or guardian. Possession at a place other than the household of the person's parent or guardian is prima facie evidence of intent to consume it at a place other than the household of the parent or guardian. Sec. 5 -24. Person must be 21 years of age to deliver, sell, serve or vend non- intoxicating malt liquor. a) It is unlawful for a licensee under this article or an agent or employee of a licensee to allow a person under the age of 21 years to deliver, sell, serve or vend non - intoxicating malt liquor to a person in the City. b) It is unlawful for a person under the age of 21 years to deliver, sell, serve or vend non - intoxicating malt liquor to a person in the City. Sec. 5 -25 to 5 -35. Reserved. DIVISION 2. LICENSES* Sec. 5 -36. Required to sell at retail; types of licenses.. Except as provided in this section, it is unlawful to sell non - intoxicating malt liquors at retail in the City except when licensed under this article. Two types of annual licenses are issued for the sale of non- intoxicating malt liquors; 1) "On- sale" licenses permit the licensee to sell non - intoxicating malt liquors for consumption on the licensed premises, and the license fee therefor is fixed by the City Council and paid to the City. "On- sale" licenses are granted only to drug stores, restaurants, hotels, bona fide clubs, and establishments for the sale of non- intoxicating malt beverages, and soft drinks at retail. A club or charitable, religious, or non - profit organization may be issued a temporary "on- sale" license for the sale of non- intoxicating malt liquor on and off school grounds, and in and out of school - houses and school buildings. Temporary licenses are subject to such terms, including a license fee, as the City Council prescribes. 2) "Off -sale" licenses permit the licensee to sell non - intoxicating malt liquors in original packages for consumption off the premises only, and the license fee therefor is fixed by the City Council and paid to the City. State law reference - Similar provisions, M.S. 340A. Sec. 5 -37. Persons eligible to be issued licenses. 16 8 -28 -89 Licenses under this article may be issued only to persons who are citizens of the United States or resident aliens and who are of good moral character and repute, who have attained the age of 21 years and who are proprietors of the establishments for which the licenses are issued. State law reference - Similar provisions, N.S. 340A.402 (1), (2), (4). Sec. 5 -37. Persons not eligible to be issued licenses. No license may be issued to: 1) No license may be issued to a person who has had an intoxicating liquor or non- intoxicating liquor license revoked within five years of the license application. 2) In addition, no new license may be issued to, and the City Council may refuse to renew the license of, a person who, within five years of the license application, has been convicted of a willful violation of a federal or state law or a local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution of an alcoholic beverage. State law reference- Similar provisions, M.S. 340A.402. Sec. 5 -38. Premises which may not be licensed; limitations on number of licenses. a) No "on- sale" or "off- sale" non- intoxicating malt beverage license may be issued under this article to premises licensed as a motor fuel station, motor fuel station convenience store, internal motor fuel station, major motor fuel station or truck stop, ad defined in Section 36 -151 of this Code - . b) No non - intoxicating malt liquor license may be issued under this article for premises located within an area wherein such use of the premises is prohibited by the zoning ordinance, nor within an area where such sales are forbidden by state law or any other ordinance of the City. c) No "on- sale" license may be issued under this article for premises located within 1,000 feet of a church or school building located in the City, and no "off- sale" license shall be issued for premises located within 100 feet of a church or school building. The distance is to be measured from the nearest property line to the nearest property line. d) Not more than one license may be issued under this article to any person in the City. Sec. 5 -39. Duration. Except for a temporary "on- sale" license issued under this article, all licenses issued under this article run for a period of one year from July 1, and, if issued for a shorter period than one year, the license fee shall be prorated on a monthly basis. State law reference - Similar provisions, M.S. 340A.301, subd. 5. 17 8 -28 -89 Sec. 5 -40. Corporate holders to notify City Council of stock transfers and change in officers; council to approve stock transfers; failure to notify grounds for license revocation, etc. No corporation to which a license has been granted hereunder may transfer any stock in such corporation without the consent of the Council. It is the duty of the officers of a corporation holding a license issued under this article to notify the Council of any proposed sale or transfer of any stock in such corporation, and not such sale or transfer of any stock without the knowledge and consent of the Council. The transfer of any stock without the knowledge and consent of the Council shall be deemed sufficient cause for revocation by the Council of a license granted to such corporation under this article or any other licensing ordinance of the City under which such corporation has received a license from the City. Such corporation officers shall also notify the Council whenever ny change is made in the officers of any such corporation, and the failure to so notify the Council shall likewise be sufficient cause for revocation of a license issued to such corporation. Sec. 5 -41. Unlawful possession by licensee, agent, etc., of intoxicating liquor on licensed premises. It is unlawful for a person licensed under this article, but not licensed to sell intoxicating liquor, or for any of the person's agents, or employees, to possess on premises licensed under this article, intoxicating liquor, as defined in Section 340A.101,.. <> linnesota Statutes, for the purpose of consumption by anyone. Sec. 5 -42. Duty of police to notify Council of conviction of licensee of violation of article; conviction grounds for revocation of license. It is the duty of the police officers of the City to notify the Council whenever a person licensed under this article is convicted of a violation of this article. Such conviction shall be deemed sufficient cause of the council to revoke a license issued to such convicted person under this article. Sec. 5 -43. Application- Generally. A person seeking a license under this article must apply to the City Council for the license by filing a written application with the City Clerk. The City Clerk must present the application to the City Council. An application must contain the following: 1) The applicant's name and place of residence. 2) The exact location of the place at which the applicant proposes to sell non- intoxicating malt liquors. 3) Whether the applicant has ever previously been engaged in the business of selling non - intoxicating malt liquors or in the business of selling foodstuffs in the City, and if so, when and where. 4) The signature of the applicant, or of an officer of a club seeking a license, or r of an officer of a corporation seeking a license. - 18 8 -28 -89 An application must be placed on file when it is received by the City Clerk. The name of applicant must be registered in a book of registration kept in the City Clerk's office for that purpose; provided, however, that the Clerk may not receive an application or register an applicant's name unless the application is accompanied by a receipt of payment of the required license fee. Sec. 5 -44. Same - Payment of license fee imposed and fixed by Council resolution; etc. Upon the filing of an application for the issuance of a license under this article, the applicant must pay to the City Clerk, in full, the amount of the license fee therefor, as imposed, set, established and fixed by the City Council, by resolution, from time to time. The City Clerk must give the applicant a receipt for the payment. Sec. 5 -45. Same - Inspections of premises, etc. The applicant for a license under this article must permit the appropriate officers of the City, as well as representatives of the police and fire departments, to inspect and examine the place of business described in the application, together with all the appliances and instruments used or to be used in the transaction of the business for which the license is sought. A refusal by the applicant to permit any such inspection shall be deemed as sufficient grounds for the Council to refuse to issue the license applied for. Sec. 5 -46. Same- Procedure; recommendations and reports to City Council; grant or genial. After the filing of an application for a license under this article, the City Clerk shall transmit such application and his or her recommendations to the City Council, together with any reports from the police or the fire departments. The Council shall thereupon consider the application and grant or deny the same. Sec. 5 -47. Employers and licensees responsible for acts of employees,. agents, etc. Any act by a clerk, barkeeper, agent, or employee in violation of this article is deemed the act of the employer and licensee of such place, as well as that of said clerk, barkeeper, agent, or employee, and every such employer and licensee is liable to all the penalties provided in this article for the violation of same, equally with the said clerk, barkeeper, agent, or employee. Secs. 5 -48 to 5 -60. Reserved. ARTICLE III. INTOXICATING LIQUORS* DIVISION 1. GENERALLY Sec. 5 -61. Definitions. For the purposes of this article, the following words, terms and phrases have the meanings respectively ascribed to them: 19 8 -28 -89 Club: "Club" is an incorporated organization organized under the laws of the State for civic, fraternal, social, or business purposes, for intellectual improvement, or for the promotion of sports, or a congressionally chartered veterans' organization, which: 1) Has more than 50 members; 2) Has owned or rented a building or space in a building for more than one year that is suitable and adequate for the accommodation of its members; State law reference- Intoxicating liquor act, M.S. 340A. 101. 3) Is directed by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose. No member, officer, agent, or employee shall receive any profit from the distribution or sale of beverages to the members of the club, or their guests, beyond a reasonable salary or wages fixed and voted each year by the governing body. Intoxicating liquor, liquor: "Intoxicating liquor" and "liquor" mean ethyl alcohol, distilled, fermented, spirituous, vinous and malt beverages containing more than 3.2 percent of alcohol by weight. Limited off -sale: "Limited off- sale" means the sale of vinous or malt liquor in retail stores and in original packages containing not less than 3.2 percent alcohol or 4 percent by volume and not more than 24 percent of alcohol by volume for consumption off the premises where sold. Off -sale: "Off- sale" means the sale of liquor in original packages in retail stores for consumption off the premises where sold. On -Sale: "On- sale" means the sale of liquor by the glass or by the drink for consumption on the premises only pursuant to such regulations as the state commissioner of public safety may prescribe. Package, original package: "Package" or "original package" means corked or sealed container holding liquor. Person: "Person" includes individuals, corporations, partnerships and associations. Restaurant: "Restaurant: means an establishment, other than a hotel, under the - control of a single proprietor or manager, where meals are regularly served at tables to the general public, and which has seating capacity for not less than 30 guests. Sale, sell, sold: "Sale" and "sell" and "sold" mean all barters and all manners or means of furnishing intoxicating liquor, including such furnishing in violation or evasion of law. Cross reference -Rules of construction and definitions generally, S.S. 1 -41, et seq. State law reference - Similar definitions, M.S. 340A.101. Sec. 5 -62. Non - applicability. This article does not apply to: 20 8 -28 -89 1) Persons issued licenses by the commissioner of public safety pursuant to Section 340A.316, Minnesota Statutes, for the importation and sale of wine exclusively for sacramental purposes; 2) Medicines intended for therapeutic purposes and not intended as a beverage; 3) Industrial alcohol designed for mechanical, chemical, scientific pharmaceutical, or industrial purposes; or 4) Non - potable compounds or preparations containing alcohol. State law reference -M.S. 340A.316; 340A.906. Sec. 5 -63. Persons to whom intoxicating liquor may not be sold, furnished, etc. No person may sell, furnish or deliver in the City intoxicating liquor for any purpose to: 1) A person under the age of 21 years; 2) An obviously intoxicated person; 3) A person to whom sale is prohibited by this Code or other ordinance of the City or by any law of this State. State law reference - Similar provisions, M.S. 340A.502; 340A.503. Sec. 5 -64. Person must be 18 years of age to deliver, sell, serve or vend intoxicating liquor. a) It is unlawful for a licensee under this article or the licensee;s agents, or employees to allow a person under the age of 18 years to deliver, sell, serve or vend any intoxicating liquor to a person in the City. b) It is unlawful for a person under the age of 18 years to deliver, sell, serve or vend any intoxicating liquor to a person in the City. State law reference - Similar provisions, M.S. 340- A.412, subd. 10. Sec. 5 -65. Sales -To be in public view. All sales of intoxicating liquor in the City allowed under this article must be made in full view of the public. Sec. 5 -66. Same -Shall not be made where prohibited. No person may sell intoxicating liquor in the City in a place or in a part of a building where the sales are prohibited by state law or this article. Sec. 5 -67. Drinking intoxicating liquor in a public place. 21 8 -28 -89 i i a) No person may drink intoxicating liquor in a place open to the public within the City, nor may the proprietor or manager of a public place, if it is a building structure, permit such drinking on the premises. b) This section does not prohibit persons from drinking intoxicating liquor in a building licensed under this article for "on -sale" sales. However, persons are permitted to drink only in the portion of that building constituting the licensed premises, and only within the hours when sales of intoxicating liquors are permitted and for a period of one -half hour thereafter. Cross reference - Streets, sidewalks and public grounds, Ch. 29. Sec. 5 -68. License under article required. a) It is unlawful for a person to sell intoxicating liquor for consumption at any time or place within the corporate limits of the city without first having obtained a license as provided in this article. b) It is unlawful for a person, directly or indirectly, upon any pretense or by any device, to keep for sale or to possess for the purpose of sale, intoxicating liquor, without first having obtained from the city under this article a license to sell intoxicating liquor. Sec. 5 -69. Tax stamps or labels on containers of intoxicating liquor. a) It is unlawful for a person to possess intoxicating liquor without proper tax stamps or labels on the container thereof, as required by state law. b) Nothing in this section prohibits the possession of fruit juices fermented in the home for family use. c) Fermented malt beverages containing more than 3.2 percent of alcohol by weight 4 percent by volume, having the required amount of tax stamps as required by state law on the container thereof, or case in which the same is contained, are not subject to the provisions of this section. d) This section does not apply to intoxicating liquor poured from containers or bottles having thereon the required tax stamps and labels, into a cup, glass or temporary shaker. Possession of liquor in one's own home only of a bottle or container not having State tax stamps thereon is not a violation of this section, if the liquor in said bottle or container was poured from a bottle or container having thereon the required state tax stamps and labels; provided that, said bottle or container into which such liquor is poured is not larger than one quart in size. No person may possess more than 2 such unstamped bottles. Sec. 5 -70. Retail sale for beverage purposes of ethyl alcohol, neutral spirits, etc. No person may sell at retail in the city for beverage purposes ethyl alcohol or neutral spirits, or substitutes thereof, possessing the taste, aroma, and characteristics generally attributed to ethyl alcohol or neutral spirits. Nothing in this section prohibits the manufacture or sale of other products obtained by the use of ethyl alcohol 22 8 -28 -89 or neutral spirits as defined in U.S. Treasury Department, Bureau of Internal Revenue, Regulations 125, Article II, Standards of Identity for Distilled Spirits. State law reference - Similar provisions, M.S. 340A.506. Sec. 5 -71. Hours of Sale. a) No sale of intoxicating liquor for consumption on the licensed premises may be made: 1) Between 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday; 2) After 1:00 a.m. on Sundays, except as provided by Section 340A.504, subd. 3, Minnesota Statutes; 3) Between 8:00 p.m. on December 24 and 8:00 a.m. on December 25, except as provided by Section 340A.504, subd 3, Minnesota Statutes. b) No sale of intoxicating liquor may be made by an off -sale licensee: 1) On Sundays; 2) Before 8:00 a.m. on Monday through Saturday; 3) After 8:00 p.m. on Monday through Thursday and 10:00 P.M. on Friday and Saturday; 4) On Thanksgiving Day; 5) On Christmas Day, December 25; or 6) After 8:00 p.m. on Christmas Eve, December 24. State law reference -Hours and days of sale, M.S. 340A.504, subds. 2, 4. Sec. 5 -72. Persons eligible to be issued licenses. Licenses under this article may be issued only to persons who are citizens of the United States or resident aliens and who are of good moral character and repute, who have attained the age of 21 years and who are proprietors of the establishments for which the licenses are issued. State law reference - Similar provisions,. M.S. 340A.402 (1), (2), (4). Sec. 5 -72A. Persons not eligible to be issued licenses. No license may be issued to: 1) No license may be issued to a person who has had an intoxicating liquor or non- intoxicating liquor license revoked within five years of the license application 23 8 -28 -89 2) In addition, no new license may be issued to, and the City Council may refuse to renew the license of, a person who, within five years of the license application, has been convicted of a willful violation of a federal or state law or a local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution of an alcoholic beverage. State law reference - Similar provisions, M.S. 340A.402. Sec. 5 -73. Investigations of "on- sale" license applicants for issuance, transfer or renewal of licenses. a) The city shall, upon initial application under this article for an "on- sale" license or upon application for a transfer of an existing license, conduct a preliminary background and financial investigation of the applicant. The application must be in the form prescribed by the state bureau of criminal apprehension and with any additional information as the City Council requires. If the City Council of the bureau on its own initiative determines that a comprehensive background and investigation of the applicant is necessary, it may conduct the investigation itself or contract with the bureau for the investigation. In addition, an investigation may be required prior to renewal of an existing "on- sale" license when the City Council deems it in the public interest. b) No "on- sale" license may be issued, transferred, or renewed under this article if the results of the investigation show, to the satisfaction of the City Council, that issuance, transfer or renewal would not be in the public interest. c) An investigation fee shall be charged an applicant by the city in such amount as may be imposed, set, established and fixed by the City Council, by resolution, from time to time. State law reference - Similar provisions, M.S. 340A.412, subd. 2. Sec. 5 -74. Licenses prohibited in certain areas. a) No license may be issued under this article for premises located within areas restricted against commercial use through zoning ordinances and other proceedings or legal processes regularly had for that purpose, except that licenses may be issued to restaurants in areas which were restricted against commercial uses after the establishment of the restaurant. b) No license may be issued contrary to the provisions of any ordinance or any special law restricting areas within which intoxicating liquor may be sold. 2 c) No license may be issued under this article for premises or places in which the sale or use of intoxicating liquor is prohibited by Chapter 340A, Minnesota Statutes. State law reference - Similar provisions, M.S. 340A.412, subd. 4. Sec. 5 -75. Licenses in connection with premises of another. 24 8 -28 -89 An intoxicating liquor license may not be issued under this article to a person in onnection with the premises of another to whom a license could not be issued under the provisions of Chapter 340A, Minnesota Statutes. This provision does not prevent the granting of a license to a proper lessee because the person has leased the premises of a minor, a non - citizen who is not a resident alien, or a person who has been convicted of a crime other than a violation of Chapter 340A, Minnesota Statutes. State law reference - Similar provisions to subsection (a), M<.S. 340A.412, subd. S. Sec. 5 -76. No more than one license for any one person or premises; unlawful to possess interest in more than one license. a) No more than one intoxicating liquor license may be directly or indirectly issued under this article to any one person or for any one place in the city. b) It is unlawful for a person, partnership or corporation to knowingly have or possess a direct or indirect interest in more than one license in the city and upon conviction therefor the City Council may immediately revoke all licenses in which the person, partnership or corporation has an interest. The term interest," as used in this section, shall be as defined in Section 340A.412, subdivision 3, Minnesota Statutes. State law reference - Similar provisions, M.S. 340A.301, subd. 7; 340A.412, subd. 3. Sec. 5 -77. Posting of licenses. A license issued under this article must be posted in a conspicuous place in the remises for which it is issued. State law reference - Similar provisions, M.S. 340A.410, subd. 4. Sec. 5 -78. Licenses in drug stores. No license may be issued under this article to a person operating a drug store unless the person has operated it for at least two years or has purchased a drug store that has been in continuous operation for two or more years. State law reference - Similar provisions, M.S. 340A.412, subd. 7. Sec. 5 -79. Federal permits as a condition to license. No license granted under this article shall be effective until a permit is issued to the licensee under the laws of the United States, if such a permit is required under the laws of the United States. Sec. 5 -80. Responsibilities of licenses as to licensed and adjacent premises; gambling, prostitution, etc.; age requirements for employees; exceptions. a) A licensee under this article is responsible for the conduct of the licensee's place of business and for conditions of sobriety and order therein. 25 8 -28 -89 b) No licensee under this article may keep, possess or operate, or permit the keeping, possession or operation of, on the licensed premises, or in any room adjoining the licensed premises, a slot machine, dice or any gambling device or apparatus, nor permit any gambling therein, nor permit the licensed premises or any room in the same, or in any adjoining building, directly or indirectly under its control to be used as a resort for prostitutes or other disorderly persons; except that, gambling devices may be kept or operated and raffles conducted on licensed premises and adjoining rooms when such activities are licensed by the local unit of government pursuant to Chapter 349, Minnesota Statutes. c) No person under 18 years of age may be employed in any rooms constituting the place in which intoxicating liquors are sold at retail "on- sale;" except that, persons under 18 years may be employed as musicians or to perform the duties of a busperson or dish washing services in places defined as a restaurant or hotel or motel serving food in rooms in which intoxicating liquors are sold at retail "on- sale." State law reference - Similar provisions, M.S. 340A.412, subd. 10. Sec. 5 -81. Operation of coin - operated amusement devices by minors in barrooms. Coin - operated amusement devices may not be used by a person under the statutory age of majority in an intoxicating liquor dispensing barroom in the city licensed under this article. Sec. 5 -82. Racial discrimination by clubs. -- Notwithstanding any provisions of law to the contrary, no license for the "on -sale" or off -sale" of intoxicating liquor may be issued or renewed by the city under this article to a club which discriminates against members or applicants for membership or guests of members on the basis of race. State law reference - Similar provisions, M.S. 340A.410, subd. 6. Sec. 5 -83. Transfers of licenses; transfers of corporate stock; change of corporate officers. a) No license granted under this article may be transferred from person to person or from place to place without the consent of the Council, which consent shall be by resolution passed by the Council. b) Where a license is held by a corporation, a change in ownership of 10 percent or more of the stock of the corporation must be reported in writing to the City council within ten days of the transfer. c) The transfer of stock in a corporate license shall be deemed a transfer within the meaning of this section, and no such transfer of stock may be made without the consent of the Council. It is the duty of the officers of a corporation holding a license issued under the authority of this article to notify the Council of any proposed sale or transfer of any stock in such corporation, and no such sale or transfer shall be effective without the consent of the council given in the manner set forth above. The transfer of any stock without the knowledge and consent of 26 8 -28 -89 the Council shall be deemed sufficient cause for revocation by the Council of a license granted to such corporation under the authority of this article. d) Such corporate officers mentioned in Subsection (c) of this section must notify the Council whenever any change is made in the officers of the corporation. Failure to so notify the Council is likewise sufficient cause for revocation of a liquor license granted to such corporation. (Code 1965, S.S. 703.180). State law reference - Intoxicating liquor license may be transferred with consent of issuing authority. M.S. 340A.412, subd. 9. Sec. 5 -84. Suspension or revocation of licenses issued under article. The authority issuing or approving a license or permit pursuant to Chapter 340A, Minnesota Statutes and this article may suspend for up to 60 days or revoke the license or permit or impose a fine of up to $2,000 for each violation, on a finding that the licensee or permit holder has violated an applicable statute,,regulation or ordinance relating to intoxicating liquor. No suspension or revocation shall take effect until the licensee or permit holder has been afforded an opportunity for a hearing pursuant to Sections 14.57 to 14.69 of the Administrative Procedure Act. State law reference - Similar provisions, M.S. 340A.304. Sec. 5 -85. Temporary liquor licenses- Non - profit organizations. Notwithstanding any other provision of this chapter, a club or charitable, religious, or other non - profit organization in existence for at least 'three years may obtain an on- sale license to sell intoxicating liquor for consumption on the licensed premise only and in connection with a social event within the City sponsored by the licensee. The license may authorize on -sales on the premises other than premises the licensee owns or permanently occupies. The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of a full year on -sale intoxicating liquor license issued by the City. The fee for such license is $135 per day, and shall be issued for not more than three consecutive days. No organization may be granted more than two such licenses per calendar year. Cross reference - Authorized activities of certain non - profit organizations, S.S. 15 -26, et seq. State law reference - Similar provisions, M.S. 340A.404, subd. 10. Sec. 5 -86. Same- Application. Application for such temporary licenses shall be on forms provided by the City Clerk and shall contain such information as specified by the City Clerk including the following: 1) The name, address and purpose of the organization, together with the names and addresses of its officers. 27 8 -28 -89 2) The purpose for which the temporary license is sought, together with the place, dates, and hours during which intoxicating liquor will be sold. 3) Consent of the owner or manager of the premises, or person or group with lawful responsibility for the premises. Sec. 5 -87 to 5 -95. Reserved. DIVISION 2. "ON- SALE" AND "OFF- SALE" LICENSES* Sec. 5 -96. Established. There are hereby established the following City intoxicating liquor licenses: 1) "On- sale." 2) "Off - sale." 3) "Limited Off - sale." Sec. 5 -97. Amount of license fees. The amount of the license fee for each type of license issued under this division shall be such amount as may be imposed, set, established and fixed by the City Council, byesolution, from time to time. Sec. 5 -98. Sunday sales licenses for "on- sale" licensees The holder of an "on- sale" liquor license under this article may apply to the Council for a Sunday sales license. The City Council may after one public hearing grant an "on- sale" licensee a Sunday sales license permitting the licensee to sell intoxicating liquor between the hours of 10:00 on Sundays and 1:00 a.m. on Mondays in conjunction with the sale of food, provided that the licensee is in conformance with the Minnesota clean air act. An application for a Sunday sales license must be made at the same time and on the same application as the "on- sale" licensee uses to apply for an "on- sale" license or renewal thereof. If the first application for a Sunday sales license is made before the time for renewing the "on- sale" license, the Clerk may provide for a special supplementary application for the Sunday sales license. No Sunday sales license may be issued to an on -sale" license unless the licensee operates a restaurant serving meals regularly to the public and having facilities for serving at least 30 diners at the same time. Under a Sunday sales license, liquor may be served on Sundays only to people seated at restaurant or dining room tables. State law reference - Authority for above section, M.S. 340A.504, subd. 3. Sec. 5 -99. Special club licenses - Generally. An "on- sale" liquor license may be issued by the Council to a bona fide club which has en in existence for 20 years and which is incorporated under the laws of the state. In 28 8 -28 -89 the case of congressionally chartered veterans' organizations, such clubs shall have been in existence for 10 years prior to January 1, 1961. Sec. 5 -100. Same -Sales limited to members only. Any special club license issued under Section 5 -99 of this division shall be a license for the sale of intoxicating liquors to club members only. Sec. 5 -101. Same- Unlawful discrimination by licensee. a) It is unlawful for a licensee under Section 5 -99 of this division to discriminate against its members or applicants for membership or guests of its members on the basis of race. b) it is unlawful for a licensee under Section 5 -99 to use a membership application form containing any questions about race, or to make any record of inquiry about race in connection with an application for membership. State law reference M.S. 340A -410, subd. 6. Sec. 5 -102. Same - License fee and application. The license fee for a special club license issued under Section 5 -99 of this division shall be in such amount as may be imposed, set, established and fixed by the City Council, y resolution, from time to time, and the applicant shall make application therefor on a form to be furnished by the Clerk. This application shall be in substantially the same form as an application of a public "on-sale" liquor license. Sec. 5 -103. Same- Licensee subject to all Code provisions applicable to intoxicatingliquorlicensee. The holder of a license issued under Section 5 -99 of this division is subject to all of the provisions of this Code pertaining to the issuance of intoxicating liquor licenses. Sec. 5 -104. Same- Bonds. No special club license may be granted under Section 5 -99 of this division until a bond in the amount of $3,000 has been furnished, approved and filed by and with the proper city officers. The surety on such bond shall be by a surety company licensed to do business in the state, and the City Attorney must approve the form and execution of the bond. All bonds when approved by the proper city officials must be deposited with the City Clerk. Such bonds shall be conditioned in the same manner as the bonds provided for in Section 5 -109 of this division relating to the sale of intoxicating liquor. Sec. 5 -105. Application - Generally; payment of license fee, etc. a) A person desiring a license to sell intoxicating liquor in the City shall make a verified written application to the City Council and must file it with the City Clerk. The application form must require that the following information given on the application, along with such further information the state commissioner of public safety, the Council or the Clerk may require: 29 8 -28 -89 1) The applicant's name and place of residence. 2) The location of the premises on which the applicant proposes to sell intoxicating liquor and an exact description of the particular place within the building structure where such sales are proposed. 3) Whether the applicant has ever been engaged in a similar business, and, if so, the location thereof and the dates when so engaged. The application must be signed and verified by the applicant in person, and, if the applicant is a corporation, by an .officer of the corporation. 4) If the applicant is a corporation or club, it must attach a copy of its bylaws. No license will be issued to the applicant if the bylaws express directly or indirectly any limitation or discrimination on the bases of race. b) Upon receipt of the application and the proper amount of the license fee, the Clerk must give the applicant a receipt containing a statement of the purpose for which the deposit was paid. Sec. 5 -106. Same - Investigation of applicant; inspection of premises; Council hearing; grant or denial of license; etc. a) The City Clerk must immediately transmit an application for a license under this division to the Director of Public Safety for investigation, including inspection of the premises by the Fire Marshal and a search to determine whether or not the applicant has a police record. b) Upon completion of the investigation under Subsection (a) of this section, the Director of Public Safety shall report the findings to the City Council at a public hearing on the application held according to law. c) The City Council must either grant or deny the application for a license under this division after the public hearing held under Subsection (b) of this section. State law reference - Investigation of - "on -sale" license applicants, M.S. 340 -A -412, subd. 2. Sec. 5 -107. Same - Granting, "on- sale" non - intoxicating malt beverage license to be surrendered before issuance of "off- sale" intoxicating liquor license, State and City Council approval of bonds and licenses; etc. a) Where the application under this division is for an "off- sale ", liquor license and the applicant holds an "on- sale" non - intoxicating malt liquor license issued by the Council, the Council may not grant an "off- sale" liquor license until the applicant surrenders the "on- sale" non - intoxicating malt liquor license. b) If an "off- sale" license is granted under this division, the resolution granting it must direct the Clerk to issue the license whenever the bond required by this division has been approved by the Council and the State Commissioner of Public 30 8 -28 -89 Safety, and the Commissioner advises the Clerk that he or she approves of issuing the particular applicant a license. c) If an "on- sale" license is granted under this division, the resolution of the City Council must direct the Clerk to issue the license whenever the bond required by this division has been approved by the Council. State law references - "Off- sale" intoxicating liquor license prohibited for place where non - intoxicating malt beverages sold for consumption on premises, M.S. 340A.412, subd. 6. Sec. 5 -108. Same- Denial of license; deposit for license fees to be refunded; investigation fees and charges non - refundable. Should the application for a license under this division be denied, the resolution denying the license must authorize and direct the proper city officials to refund to the applicant the deposit for license fees made when the application was filed. Any amount paid by the applicant for the conducting of an investigation of the applicant shall be retained by the City. Sec. 5 -109. Bonds required from licensees. a) No "on- sale" license under this division shall be granted until a bond in the amount of three thousand dollars ($3,000.00) has been furnished, approved by the City Council and filed with the proper City officers. Such bond shall cover both the regular "on -sale" license and any Sunday sales license issued to the same licensee. b) No "off- sale" license under this division shall be granted until a bond in the sum of one thousand dollars ($1,000.00) shall be furnished and approved by the State Commissioner of Public Safety and the City Council, and filed with the proper City officers. c) The surety on a bond required by Subsection (a) and (b) of this section shall be a surety company duly licensed to do business in the State, and the bond shall be approved as to form and execution by the City Attorney. d) All bonds required by Subsection (a) and (b) of this section, when approved by the proper City or State officers, shall be deposited with the City Clerk. e) All bonds required by Subsection (a) or (b) of this section, whether for an "off - sale" or "on -sale" license, shall be conditioned as follows: 1) That the licensee will obey the law relating to such licensed business. 2) That licensee will pay to the City, when due, all taxes, license fees, penalties and other charges provided by law. 3) That in the event of any violation of the provisions of any law relating to the business for which the license has been granted for sale of intoxicating liquor, such bond shall be forfeited to the City. 31 8 -28 -89 4) That the licensee will pay, to the extent of the principal amount of such bond, any damages for death or injury caused by or resulting from the violation of any provisions of law relating to the business for which such licensee has been granted a license, and further conditioned that such recovery may be had also against the surety on his bond. The amount specified in any bond required is declared to be a penalty and the amount recoverable shall be measured by the actual damages, provided, however, that the surety thereon shall not be liable for any amount in excess of the penal amount of the bond. 5) All such bonds shall be for the benefit of the obligee and all persons suffering damages by reason of the breach of the conditions thereof. Such bonds shall run to the City aB obligee, and in the event of a forfeiture of any such bond for violation of the law, the District Court of Ramsey County may forfeit the penal sum of the said bond, or any part thereof, to the City. Code 1965, S.S. 703.080; Ord. No. 229, S.S. 3, 9- 26 -67). State law reference - Amounts and conditions of bonds furnished by "off- sale" and "on- sale" intoxicating liquor licensees. M.S. 340A.412. Sec. 5 -110. Certain premises ineligible for license. a) No "on- sale" license may be issued for the first time under this division for premises located within 1,000 feet of a church or school building in the City. b) No "off- sale" license may be issued for the first time under this division for premises located within 100 feet of a church or school building in the City. c) No "off- sale" license may be issued under this division for a place where non- intoxicating malt beverages are sold for consumption on the premises. State law references - Authority for subsections (a) and (b). M.S. 340A.412, subd. 4. Sec. 5 -111. Duration All licenses granted under this division expire on December 31 of each year. Sec. 5 -112. Extent of licensed premises. No "on- sale" or "off- sale" license issued under this division is effective beyond the compact and contiguous space named there for which the license was granted. Licensed premises are the premises described in the approved license application. State law reference - Similar provisions, M.S. 340A.101, subd. 15. Seca. 5 -113 to 5 -125. Reserved. DIVISION 3. "ON -SALE WINE LICENSES "* Sec. 5 -126. Definitions. 32 8 -28 -89 For the purposes of this division, the following words and phrases have the meanings respectively ascribed to them: On -sale wine licenses ": Licenses authorizing the sale of wine not exceeding 14 percent alcohol by volume, for consumption on the licensed premises only, and in conjunction with the sale of food. Restaurant: An establishment other than a hotel, under the control of a single proprietor or manager, where meals are regularly served at tables to the general public, and which has seating capacity for not less than 30 guests. Seating: The usual and regularly available seating accommodations for guests of the establishment to sit at tables for the purpose of eating meals. Cross reference -Rules of construction and definitions generally, S.S. 1 -41, et seq. State law reference - similar definitions of the terms "on -sale wine licenses" and restaurant," M.S. 340A.101, subd. 25, 340A.404, subd. 5. Sec. 5 -127. Required; exceptions. No person, except wholesalers or manufacturers to the extent authorized under state license, the municipal liquor dispensary and those having an "on- sale" intoxicating liquor license issued under Division 2 of this article, shall directly or indirectly deal in, ell or keep for sale any wine without first having a license to do so as provided for in this division. Sec. 5 -128. Issued only to restaurants. On -sale wine licenses" shall be issued only to restaurants meeting the requirements of this division. (Ord. No. 451, S.S. 707.020,- 9- 7 -78). State law reference -City may issue "on -sale wine license" only to restaurant having facilities for seating at least 25 guests at one time, M.S. 340A.404, subd. 5. Cross reference - Licenses generally, Ch. 17. State law reference "On -sale wine licenses," M.S. 340A -404, Subd. 5. Sec. 5 -129. Number unlimited. An unlimited number of "on -sale wine licenses" which may be issued under this division. State law reference - Authority of City to issue "on -sale wine license" to any restaurant having facilities for seating at least 25 guests at one time, MS. 340A.404, subd. 5. 33 8 -28 -89 Sec. 5 -130. Applications; payment of annual license fee;refund of license fee upon rejection or withdrawal of application; no additional license fee upon incorporation of licensee. a) The annual license fee must be paid in full before an application for a license under this division is accepted. b) Upon rejection of any application for a license under this division, or upon withdrawal of an application before approval of the issuance by the City council, the license fee must be refunded to the applicant. c) Where a new application is filed as a result of the incorporation of an existing licensee, and the ownership, control and interest in the license under this division are unchanged, no addition license fee will be required. Sec. 5 -131. Approval by State Commissioner of Public Safety. Licenses issued pursuant to this division shall not be effective until approved by the State Commission of Public Safety. State law reference - Similar provisions, M.S. 340A.404, subd. 5. Sec. 5 -132. Annual license fees. a) The annual license fee for an "on -sale wine license" issued under this division shall be based upon the seating capacity of the establishment to be licensed. Those license fees shall be in such amounts as may be imposed, set, established and fixed by the City Council, by resolution, from time to time. b) All license fees under this division shall be paid into the general fund of the City. Sec. 5 -133. Hours of sale of wine. Holders of an "on -sale wine license" issued under this division must at all times observe the following restrictions upon the hours of the sale of wine. No wine may be sold after 1:00 A.M. on Sunday until 8:00 A.M. on Monday, or between the hours of 1:00 A.M. and 8:00 P.M. on the day of any statewide or city election. No wine may be sold between the hours of 1:00 A.M. and 8:00 A.M. on any weekday, Monday through Sunday. (ord. No. 451, S.S. 707.030, 9- 7 -78). Sec. 5 -134. Duration., All licenses issued under this division expire on December 31 of each year. (Ord. No. 451, S.S. 707.070, 9- 7 -78). Sec. 5 -135., Temporary wine licenses- Non - profit organizations. Notwithstanding any other provision of this chapter, a bona fide non - profit haritable, religious or veterans' organization may obtain an on -sale license to sell wind ot exceeding 14 percent alcohol by volume for consumption on the licensed premises only. i The fee for such license is $135 per day, and licenses shall be issued for periods not to 34 8 -28 -89 i exceed three consecutive days. No organization may be granted more than two such licenses per calendar year. (Ord. No. 608, S.S. 2, 8- 24 -87). Cross reference - Authorized activities of certain non - profit organizations, S.S. 15 -26, et seq. Sec. 5 -136. Same- Application. Application for such temporary licenses shall be on forms provided by the City Clerk and shall contain such information as specified by the City Clerk, including the following: 1) The name, address and purpose of the organization, together with the names and addresses of its officers. 2) The purpose for which the temporary license is sought, together with the place, dates and hours during which wine will be sold. 3) Consent of the owner or manager of the premises, or person or group with lawful responsibility for the premises. Sec. 5 -137. Same- Application of other provisions to Sections 5 -135 through 5 -137. The following provisions of the Maplewood Code shall not apply to temporary wine licenses granted under - Sections 5 -135 through 5 -137: Sections 5 -128, 5 -130, 5 -131, 5 -132 and 5 -134. Secs. 5 -138 to 5 -145. Reserved. DIVISION 4. BOTTLE CLUBS* Sec. 5 -146. Definition. For the purposes of this division, a bottle club is a "club," as defined in Minnesota Statutes, Section 340A.101, subdivision 7, or an unincorporated society which, except for its lack of incorporation, otherwise meets the requirements of a club, as defined in such section and subdivision, and which is not licensed for the sale of intoxicating liquor, either "on- sale" or "off- sale," or both. Cross reference -Rules of construction and definitions generally, S.S. 1 -41, et seq. State law reference-Similar provisions, M.S. 340A.414, subd. 2. Sec. 5 -147. Storage and labeling requirements for intoxicating liquors; age requirement to store, consume, display, etc., intoxicating liquor, etc. State law reference - Bottle clubs M.S. 340A.414. a) A bottle club holding a permit issued under Minnesota Statutes, Section 340A.414, subd. 2, may allow members to bring and keep a personal supply of intoxicating liquors in lockers on the club's premises. A bottle club or any unincorporated society which has more than 50 members and which has, for more than a year, owned, 35 8 -28 -89 hired, or leased space in a building of such extent and character as may be suitable and adequate for reasonable and comfortable accommodations for its members, and which holds a permit issued under Minnesota Statutes, Section 340A.414, may allow members to bring and keep a personal supply of intoxicating liquors in lockers on the club's premises. Every bottle, container, or other receptacle containing intoxicating liquor stored by members must have attached to it a label signed by the member of the club. All liquor on the premises of the club must be labeled as herein required, and any not being actually used or consumed by the owner thereof must be kept in a locker designated to the use of such member. b) It is unlawful for a club member under 21 years of age to be assigned a locker for the storage of intoxicating liquor, or to consume or display or be permitted to consume or display intoxicating liquor on any premises owned or controlled by such private club holding a permit issued under Minnesota Statutes, Section 340A.414. Sec. 5 -148. Required state permit to be issued only after approval by City Council and payment of local license fee to the City. It is unlawful in the City for a bottle club or for a business establishment, directly or indirectly, or upon any pretense or by any device, to allow the consumption or display of intoxicating liquor or the serving of any liquid for the purpose of mixing of intoxicating liquor without having first obtained a permit therefor. Such permit may be issued by the State Commission of Public Safety, after approval by the City Council and the payment of the local license fee therefor imposed by the City Council, pursuant to minnesota Statutes, 340A.414, subds. 5 and 6 for a period of one year to expire on July first, next following issuance of such license, and must be renewed annually on July first. Application for such permit must be made to the State Commissioner of Public Safety. State law reference - Similar provisions, M.S. 340A.414, subds. 5 and 6. Sec. 5 -149. Local annual license fee imposed. Whenever a person, association or corporation, owning or operating a private club or public place in the City applies for a permit from the State Commissioner of Public Safety pursuant to Minnesota Statutes, Section 340A.414, subd. 6. the applicant must obtain the approval of the City Council and must pay the City a local license fee of $300, for any one year, or any part thereof, expiring on the subsequent July first next following the issuance of the license. The permit, Council approval and local license fee payment must be renewed annually on July first. If such permit is applied for by a non - profit organization or by a governmental unit, the operation of which is determined by the Council to be of civic benefit to the City, then the Council may approve the issuance of a permit to the non - profit organization or governmental unit at an annual local license fee of not less than $5 per year; provided that the permit is for less than five days per year. State law reference - Authority conferred upon City Council to impose a local license fee not exceeding $300 per year on bottle clubs holding state permits, M.S. 340A.414, subd. 6. Sec. 5.150. Hours of consumption or display of intoxicating liquor. 36 8 -28 -89 No establishment licensed under Minnesota Statutes, Section 340A.414, may permit a person to consume or display intoxicating liquor, and no person may consume or display intoxicating liquor between 1:00 A.M. and 12:00 noon on Sundays or between 1:00 A.M. and 8:00 A.M. on Monday through Saturday, or between 1:00 A.M. and 3:00 P.M. on Memorial Day, or between 1:00 A.M. and 8:00 P.M. on any state of city primary, special or general election day held in the City. State law references- Similar provisions, M.S. 340A.504, subds. 5 and 6. Sec. 5 -151.. Premises open for inspection. A bottle club or business holding a permit issued under Minnesota Statutes, Section 340.414 is open for inspection by the Commissioner of Public Safety and the Commissioner's representative and by peace officers, who may enter and inspect during reasonable hours. Refusal to permit the Commissioner, the Commissioner's representative or a peace officer to enter and inspect the premises is a violation. State law reference - Similar provisions, M.S. 340A.414, subd. 7; 340A.907. Sec. 5 -152. Approval of City Council for permit not to be given if holder of federal retail liquor dealer's special tax stamp is on board of directors, etc., of bottle club, or owns business establishment, etc. No approval by the City Council of a permit required by Minnesota Statutes, Section 340A.414 may be given to any bottle club when a member of the board, management, executive committee, or other similar body chosen by its members or when the business establishment or the owner thereof holds a federal retail liquor dealer's special tax stamp for the sale of intoxicating liquors. State law reference - Similar provisions, M.S. 340A.414. Sec. 5 -153. Division not applicable to licensees under Division 2 of this article. This division has no application to a person or a premises licensed for the sale of intoxicating liquor under the state intoxicating liquor act and Division 2 of this article, but any such person or premises, being a business establishment, is eligible for a permit authorized by Minnesota Statutes, Section 340A.414. State law references - Similar provisions, M.S. 340A.414. Sec. 5 -154. Violations of division. A violation of this division is a misdemeanor, and any violation of Section 5 -147 of this division is grounds for the revocation of such permit by the State Commissioner of Public Safety. State law reference - Similar provisions, M.S. 340A.701. Sec. 5 -155. Seizure and disposal of intoxicating liquor sold, served, etc., in violation of division. 37 8 -28 -89 Intoxicating liquors sold, served or displayed in the presence of anyone authorized to inspect the premises, as provided in this division, in violation of this division are subject to seizure for purposes of evidence and, contingent on determination by a court, shall be disposed of as provided in Section 340A.904, Minnesota Statutes. '... State law reference - similar provisions, M.S. 340A.904, subd. 1. Seconded by Councilmember Bastian. Ayes - all. I. NEW BUSINESS 1. Decision Resources, Inc. a. Director of parks and Recreation Odegard presented the staff report. b. Council will submit revised questionnaire to the City Manager 2. Environmental Protection Ordinance (1st Reading) a. Manager McGuire presented the staff report. b. .Director of Community Development Olson explained the proposed ordinance in detail. c. Mayor Greavu moved first reading of an ordinance providing for the control and preservation of shade trees. Seconded by Councilmember Anderson. Ayes - all. 3. Development Moratorium a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the details of the report. c. Councilmember Anderson moved to place a six (6) month moratorium on future developments. Seconded by Councilmember Juker. Councilmember Anderson withdrew his motion. d. Carol Guzman, 1876 E. County Road C, questioned if this is single- family or commercial? She also stated trees on commercial developments should be saved., e. Councilmember Anderson moved to table this item for two (2) weeks. Seconded by Councilmember Bastian. Ayes - all. 4. Footprint Lake Storm Sewer Project 87 -32: Reschedule Public Hearing 38 8 -28 -89 a. Manager McGuire presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 89 - 8 - 136 WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare a report with reference to the improvement of area roughly bounded by English Street, Gervais Avenue, White Bear Avenue, and Ryan Avenue, City Project 87 -32, by construction of storm sewer, and WHEREAS, the said City Engineer has prepared the aforesaid report for the improvement herein described: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The report of the City Engineer advising this Council that the proposed improvement of area roughly bounded by English Street, Gervais Avenue, White Bear Avenue, and Ryan Avenue, City Project 87 -32, by construction of storm sewer is feasible and should best be made as proposed, is hereby received. 2. The Council will consider the aforesaid improvement in accordance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement according to MSA Chapter 429, at an estimated total cost of the improvement of $1,444,200. 3. A public hearing will be held at John Glenn Middle School, 1560 East County Road B on Thursday, the 30th day of November, 1989, at 7:00 P.M. to consider said improvement. The City Clerk shall give mailed and published notice of said hearing and improvement as required by law. Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Rossbach. Nay - Councilmember Bastian. 5. County Road C, T.H. 61 - Hazelwood, Project 89 -04: Schedule Hearing a. Manager McGuire presented the staff report. b. Councilmember Anderson introduced the following resolution and moved its adoption: 89 - 8 - 137 39 8 -28 -89 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 C - Highway 61 to Hazelwood, City Project 89- 04, by construction of street with concrete curb and gutter, new bridge, storm sewer, sidewalk and appurtenances, and WHEREAS, the said City Engineer has prepared the aforesaid report for the improvement herein described: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The report of the City Engineer advising this Council that the proposed improvement on County Road C - Highway 61 to Hazelwood by construction of street with concrete curb and gutter, new bridge, storm sewer, sidewalk and appurtenances is feasible and should best be made as proposed, is hereby received. 2. The Council will consider the aforesaid improvement in accordance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement according to MSA Chapter 429, at an estimated total cost of the improvement of $1,123,000. 3. A public hearing will be held in the Council Chambers of the City Hall at 1830 East County Road B on Monday, the 25th day of September, 1989, at 7:15 P.M. to consider said improvement. The City Clerk shall give mailed and published notice of said hearing and improvement as required by law. Seconded by Councilmember Juker.Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Rossbach Nay - Councilmember Bastian. 6. Larpenteur Avenue, Interstate 35 -E to Edgerton, Project 86 -27: Schedule Public Hearing. a. Manager McGuire presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 89 -8 -138 WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare a report with reference to the improvement of Larpenteur Avenue, Interstate 35 -E to Edgerton, City 40 8 -28 -89 Project 86 -27, by construction of 52' wide street, concrete curb and gutter, sidewalk, storm sewer, bridge, utilities and appurtenances, and WHEREAS, the said City Engineer has prepared the aforesaid report for the improvement herein described: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The report of the City Engineer advising this council that the proposed improvement on Larpenteur Avenue, Interstate 35 -E to Edgerton, City Project 86 -27, by construction of 52' wide street, concrete curb and gutter, sidewalk, storm sewer, bridge, utilities, and appurtenances is feasible and should best be made as proposed, is hereby received. 2. The Council will consider the aforesaid improvement in accordance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement according to MSA Chapter 429, at an estimated total cost of the improvement of $1,115,000. 3. A public hearing will be held in the Council Chambers of the City Hall at 1830 East County Road B on Monday, the 25th day of September, 1989, at 7:00 P.M. to consider said improvement. The City Clerk shall give mailed and published notice of said hearing and improvement as required by law. Seconded by Councilmember Anderson. Ayes - all. 7. Walter Street, Project 84 -14, Change Order No. 1 a. Manager McGuire presented the staff report. b. Councilmember Bastian introduced the following resolution and moved its adoption: 89 - 8 - 139 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 84 -14 and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract in the amount of $43,768.75 be modified and designated as Improvement Project 84- 14, Change Order One. 41 8 -28 -89 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 One in the amount of $1,250. Seconded by Councilmember Anderson. Ayes - all. 8. Sexual Harassment Policy a. Manager McGuire presented the staff report. b. Councilmember Bastian moved to approve the following Sexual Harassment Policy: SEXUAL HARASSMENT POLICY POLICY The City of Maplewood is committed to providing a work environment that is free of discrimination. Any type of discriminatory action or harassment because of race, age, religion, sex, or national origin is a violation of City policy and is prohibited. This policy applies to all City officials and employees while performing their duties as employees within or outside the workplace. Guidelines issued by the Equal Employment Opportunity Commission under Title VII of the Civil Rights Act of 1964 reaffirm that sexual harassment is an unlawful employment practice. In keeping with the City's policy of compliance with all laws prohibiting all forms of discrimination, sexual harassment in any form will not be tolerated. DEFINITION - SEXUAL HARASSMENT GUIDELINES The EEOC Guidelines state that unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute harassment when: 1. Submission to such conduct is made either explicitly or implicitly as a term or condition of an individual's employment, or 2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or 3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Other behavior, whether subtle, overt, or otherwise, which constitutes sexual harassment includes, but is not limited to: 1. Verbal harassment (epithets, derogatory remarks, or slurs); 42 8 -28 -89 2. Physical harassment (gestures, assault, impeding or blocking movement, or any physical interference with normal work or movement); 3. Visual forms of harassment (derogatory posters, letters,poems, graffiti, cartoons, or drawings); and 4. Requests for sexual favors or unwanted sexual advances. PRACTICE Conduct that might be interpreted as sexual harassment can be perceived differently among employees._ Anytime an employee feels that he or she is being subjected to sexual harassment in any form, or who believes he or she has witnessed sexual harassment in any form, must bring this to the attention of the City. In order for the City to deal with the problem, employees must report such offensive conduct or situation to their Supervisor, Department Head, Staff Services Coordinator, or City Manager. All supervisors and Department Heads are required to immediately report any allegations to the staff Services Coordinator or the City Manager. PROCEDURES All complaints which are made will be promptly investigated and resolved. Every attempt will be made to maintain the employee's confidentiality and provide protection against retaliation. A record of the complaint and findings will become a part of the complaint investigation record and the file will be maintained separately from the employee's personnel file. If the facts support the allegations, the perpetrator of the sexual harassment will be subject to appropriate disciplinary action, up to and including discharge. Any official or employee found to have made a false complaint or found to have given knowingly false information during an investigation of such a complaint may also be subject to disciplinary action. Seconded by Mayor Greavu. Ayes - all. 9. Group Insurance Coverage 10. Affirmative Action Plan Councilmember Bastian moved to discuss Items 9 and 10 on Thursday. August 31, 1989. Seconded by Councilmember Juker. Ayes - all. Mayor Greavu moved that the Meeting of August 31, 1989, begin at 4:00 P.M. Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Rossbach 43 8 -28 -89 Nay - Councilmember Juker. J. VISITOR PRESENTATION None. R. COUNCIL PRESENTATIONS 1. Appointment - Ramsey Washington Watershed Board a. Councilmember Anderson moved to appoint Mayor Greavu to the Ramsey Washington Watershed District Board. Seconded by Councilmember Bastian. Ayes - Councilmembers Anderson, Bastian, Juker and Rossbach. Mayor Greavu abstained. 2. H.R.A. a. Councilmember Anderson questioned when the H.R.A. meets. b. Manager stated H.R.A. does not have regular meetings set for summer months. Will resume one meeting a month and Council will be notified. 3. Stop Signs a. Councilmember Anderson requested staff to contact Ramsey County regarding a left -hand turn signal on County Road D White Bear Avenue. b. Staff will contact Ramsey County. 4. Park and Recreation a. Councilmember Anderson stated he had seen a petition from the Hillside Park area residents regarding development of the park. He suggested Director of Parks and Recreation Odegard and the Park and Recreation Board meet with the residents. b. Director of Park and Recreation Odegard stated letters have been sent to the area residents regarding proposals. No decision has been made as yet. M. ADJOURNMENT OF THE AUGUST 28, 1989 MEETING 10:30 P.M. A. CALL TO ORDER The Meeting No. 89 -19 was reconvened at 4:06 P.M. by Mayor Greavu. B. ROLL CALL 44 8 -28 -89 John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present I. NEW BUSINESS (Continued) 9. Group Insurance Coverage a. Manager McGuire presented the staff report. b. Councilmember Rossbach moved to enter into one -year contracts for emplovee insurance with the following effective October 1 1989• Group Health P.H.P. Employee Benefits Plan (Dental) Schools Insurance Fund (Long Term Disability) Commercial Life (Life Insurance) Seconded by Mayor Greavu. 10. Affirmative Action Plan Ayes - all. a. Manager McGuire presented the staff report. b. Councilmember Bastian introduced the following resolution and moved its adoption: 89 -8- 140 WHEREAS, the City Council of the City of Maplewood endorses the principal of equal employment opportunity, and WHEREAS, the City Council desires to reaffirm its long - standing commitment to equal employment opportunity, and WHEREAS, the City Council recognizes that mere good intent and the lack of overt discriminatory practices does not assure equal opportunity in employment, and WHEREAS, the City Council desires to establish appositive, result - oriented equal employment opportunity program. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL declares that it is the policy and intent of the City of Maplewood to provide equality of opportunity in employment to all persons and to prohibit discrimination because of race, color, creed, religion, national origin, sex, disability, marital status, status with regard to public assistance, or age in all aspects of the City's personnel policies, programs, and practices. 45 8 -28 -89 BE IT FURTHER. RESOLVED that the City Council adopts the Affirmative Action Policy and Program, and directs the City Manager to implement this program. Passed by the City Council of the City of Maplewood. - Seconded by Councilmember Anderson. Ayes - all. 3. Develop Moratorium a. Manager McGuire stated on August 28, the City Council tabled action on a moratorium until September 11 and gave first reading to the environmental protection ordinance. Since a public hearing and legal notification is required before adoption of the revised environmental protection ordinance, the hearing cannot be scheduled until September 25. Since the issue of lot sizes and densities is till "up in the air ", a moratorium on new preliminary plat applications should be established until September 25. Any consideration of a longer moratorium should be decided on September 25, depending on the outcome of the environmental protection ordinance. b. Councilmember Anderson moved to reconsider the motion to table discussion on a moratorium until September 11 and adopt a moratorium on new preliminary plat applications until September 25, 1989. Seconded by Councilmember Juker. Ayes - all. J. VISITOR PRESENTATIONS 1, Ed Joesting, Sales Manager, Ed Cave and Sons, Inc. a. Mr. Joesting, representing Sam Cave, requested if there is a possibility of taking action to proceed with building the utilities on the Cave's Century Fifth Addition. The plat has been revised and not yet final. b. Council stated they can take no action at this time and further stated the City takes no responsibility for any action that is taken without Council approval. c. Staff stated there will be a public hearing on this matter. L. ADMINISTRATIVE PRESENTATIONS 1. City Hall Expansion a. Manager McGuire updated the Council regarding the bids received for City Hall Expansion. M. ADJOURNMENT OF THE AUGUST 31, 1989 MEETING 46 8 -28 -89 Adjourned the August 31, 1989 Meeting at 4:37 P.M. Council entered into closed session to discuss labor negotiations and arbitration awards. City Clerk 47 8 -28 -89 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, September 11, 1989 and 4:30 P.M., Thursday, September 14, 1989 Council Chambers, Municipal Building Meeting No. 89 -20 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 7:02 P.M., by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present C. APPROVAL OF MINUTES in#Ti- D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Woodlynn 2. Property for Sale - White Bear Avenue - West of City Hall 3. Hennen Property 4. Review Public Hearing Schedule 5. Settle Lepsche Appeal Project 86 -3 6. Item F4 - Removed from Agenda Seconded by Councilmember Bastian. Ayes - all. E -A PRESENTATION 1. East Community Services a. Kathy Jefferson, East Community Services Bureau made a presentation explaining the services provided to the community. She commended Maplewood for participating in this organization. b. Jerri Mahre, East Community Service Bureau, explained the restitution program and how well it has been working. C. Mayor Leo Hudalla of Oakdale stated he serves on the Board for East 1 9 -11 -89 Community Service and was impressed with the services. E. CONSENT AGENDA Councilmember Anderson moved, seconded by Mayor Greavu. Ayes - all, to approve the Consent Agenda Items E1 through 7 as recommended 1. Approval of Claims ACCOUNTS PAYABLE: 371,003.357 Checks #4725 - #4780 Dated 08 -18 -89 through 08 -31 -89 187.709.92 Checks #1939 - #2043 Dated 09 -11 -89 558,713.27 PAYROLL: 168,388.20 33.231.64 201,619.84 760,333.11 2. Resolution for Safe Resolution No. 89 -9 Total per attached voucher /check register Payroll Checks Payroll Deductions Total Payroll GRAND TOTAL eposit Boxes 141 BE IT RESOLVED, by the City Council of the City of Maplewood, that, until written notice to the contrary is given by this corporation to the Safe Deposit Department of the Premier State Bank access to Safe Deposit Boxes (herein called safes) standing in the name of this corporation in the vaults of above named bank shall be had by the following: Daniel F. Faust Finance Director Carole J. Anderson Asst Finance Director Name) (Title) (Name) (Title) Any 1 of whom shall have full authority to enter said safes and to make deposits therein or remove any part of all of the contents thereof, to execute leases thereof in the name of this corporation, to amend or cancel said leases, to exchange or surrender the safes, and in all other respects to represent this corporation. 3. Budget Transfer: Computer Repair Approved a budget transfer of $600 from the contingency account to account 101 -701- 4430 to pay for the repair of the computer. Damage to computer was caused by an integrated circuit failure. 2 9 -11 -89 4. Conditional Use Permit Renewal: 2785 White Bear Avenue (District Court) Approved the renewal of the conditional use permit for the court facility at 2785 White Bear Avenue for five years. 5. Conditional Use Permit Renewal: Maplewood Mall (The Circus) Approved the renewal of the conditional use permit for The Circus (Maplewood Mall) for another five years, subject to the September 12, 1988, conditions of approval. 6. Cancellation of Assessment Approved the recommendation to cancel the District No. 6 Project 86 -3 assessment in the amount of $3,600.36 levied against property in the Maple Greens 1st and 2nd Addition. The City owned the property but ownership has been vacated. 7. Budget Transfer - Office Supplies a. Approved a budget transfer of $2,040 from the contingency account to account 101- 701 -4110 to bring the amount up to the 1989 budget re- estimate. F. PUBLIC HEARINGS 1. 7:00 P.M., Diseased Tree Cost Recovery a. Mayor Greavu convened the meeting for a public hearing regarding the request of several property owners that the cost for removal of diseased trees on private property be certified against their property. b. Manager McGuire presented the staff report. C. Mayor Greavu called for proponents and opponents. None were heard. d. Mayor Greavu closed the public hearing. e. Mayor Greavu introduced the following resolution and moved its adoption 89 -9 -142 BE IT RESOLVED, that the City Clerk is hereby authorized and directed to certify to the auditor of Ramsey County the attached list of diseased tree removal charges, said list made a part herein, for certification against the tax levy of said property owners for the year 1989, collectible in the years 1990 through 1994, and which listing includes interest at the rate of eight (8%) percent on the total amount each year. 17 29 22 24 0011 -1 179.76 14 29 22 44 0010 -5 194.74 03 29 22 43 0004 -7 621.67 17 29 22 32 0001 -9 269.64 11 29 22 34 0014 -7 426.93 Morrison Property 900.00 3 9 -11 -89 i Seconded by Councilmember Bastian. Ayes all. 2. 7:10 P.M., Mogren: County Road C a. Plan Amendment (4 Votes) b. Rezoning (4 Votes) 1. Mayor Greavu convened the meeting for a public hearing regarding the request of Gerald Mogren for approval of the following: a. A land use plan amendment from OS, Open Space, to SC, Service Commercial, for the 3.96 acre parcel of land which is south of the Octopus Car Wash, west of White Bear Avenue and north of County Ditch #18. b. A rezoning from F, Farm Residence, to BC, Business and Commercial, for a 1.25 -acre portion of the 3.96 -acre parcel noted above. 2. Manager McGuire presented the staff report. 3. Director of Community Development Olson presented the details of the proposal. 4. The applicants, Gerald Mogren and Perry Shortridge, spoke on behalf of their request. 5.Mayor Greavu called for proponents.None were heard. 6.Mayor Greavu called for opponents.The following were heard: Niel Bresnahan, 1862 E. County Road C Carol Guzzo, 1876 E. County Road C, presented a petition signed by approximately 50 area residents opposing the proposal Larry Guzzo, 1862 E. County Road C 7. Mayor Greavu closed the public hearing. 8. Councilmember Bastian introduced the following resolution and moved its adoption 89 -9 - 143 WHEREAS, the City of Maplewood initiated an amendment to the Maplewood Comprehensive Plan from OS, Open Space, to SC, Service Commercial, for the following described property: PIN #11- 29 -22 -22 -0035 (south of County Road C and west of White Bear Avenue) WHEREAS, the procedural history of this plan amendment is as follows: 1. The Maplewood Planning Commission held a public hearing on August 21, 1989, to consider this plan amendment. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and 4 9 -11 -89 present written statements. The Planning Commission recommended to the City Council that said plan amendment be approved. 2. The Maplewood City Council considered said plan amendment on September 11, 1989. The Council considered reports and recommendations from the Planning Commission and City staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described plan amendment be approved on the basis of the following finds of fact: a. there are no plans by the City or County to acquire the site for open space use; b. the site is not well suited for single - family dwellings; and C. the SC designation would be a reasonable transition between the existing commercial and residential uses. Seconded by Councilmember Rossbach.Ayes - all. 9. No Action taken on the rezoning. Seconded by Councilmember Rossbach.Ayes - all. 3. 7:20 P.M., Code Amendment: Motor Fuel Stations and Public Garages (Second Reading - 4 Votes) a. Mayor Greavu convened the meeting for a public hearing regarding the proposed ordinance regulating motor fuel stations and public garages. b. Manager McGuire presented the staff report. C. Director of Community Development Olson explained the changes in the ordinance. d. Jim Phillippi, North Star Engineering, asked questions regarding the proposed ordinance. e. Mayor Greavu called for proponents and opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilmember Bastian moved to amend Condition 5 on Page 9 to read: Add: for the storage of used or discarded tires shall be kept locked and 100% screened. Seconded by Councilmember Anderson. Ayes - all. h. Councilmember Rossbach introduced the following ordinance and moved its adoption 5 9 -11 -89 ORDINANCE N0, 652 AN ORDINANCE AMENDING THE BC, BC(M) AND M -1 DISTRICTS, ESPECIALLY AS THEY PERTAIN TO MOTOR FUEL STATIONS THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS (additions are underlined and deletions crossed out): Section I. Section 36 -6, Definitions, are hereby amended to add the following: Dispenser: A device designed to dispense motor fuel which contains the hose nozzle(s) and meter. Major motor fuel station: A retail business engaged in the sale of motor vehicle fuels which provides more than two (2) dispensers or two (2) islands. Minor motor fuel station: A retail business engaged in the sale of motor vehicle fuels which provides no more than one (1) island with a maximum of two (2) dispensers. Motor vehicle accessory installation center: A place to install equipment sold ont he premises in a motor vehicle, where the following conditions are met: 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. Public garage: A place for the maintenance or repair of motor vehicles. A motor vehicle installation center shall not be included. Section 2. Section 36 -23, access, is amended to read as follows: a) No dwelling shall be erected or altered in the City unless there is at least 22 feet of access to it from a public street, or unless the City Council approves a lesser amount. No building shall be erected or altered in the City so as to close the present means of access to an existing dwelling or so as to diminish this means of access. b) Driveway access(s) and design shall be based on Article IV of Chapter 29 of City Code and the standards of the Institute of Transportation Engineers. Section 3. Add section 36 -28 to read as follows: Section 36 -28 Lighting. All outdoor illumination shall be downlighted so as to prevent undue glare from being directly visible on any adjacent streets or on property that is used or planned for 6 9 -11 -89 residential use. No light source shall be directly visible from any residential area or public street and light levels shall not exceed one (1) -foot candle at a residential property line. Section 36- 29-- 36 -40. Reserved. Section 4. Sections 36 -141 to 36 -153 (1) and (2) are amended as follows: Sections 36 -141 - 36 -140. Reserved. DIVISION 7. BC BUSINESS COMMERCIAL DISTRICT Section 36 -151. Use Regulations. 1) Permitted uses. Only the following uses are permitted by right in a BC district: a) A dwelling unit for one family in combination with a business use. b) Hotel, motel, or tourist cabins. c) Retail store, restaurant, office, agency, studio, bank, personal service, craftsmen's shop, or mortuary. d) Automobile sales agency that sells new cars or new and used cars. e) Newspaper publishing or job printing establishment. f) Theater. g) Self - service laundry. h) Bakery or confectionery shop, for the production of articles to be sold only at retail on the premises. i) Parking lot as a principal use. j) Motor vehicle accessory installation center. k) CNG (compressed natural gas) and LPG (liquid petroleum gas) dispensing facilities, except those whose primary purpose is to produce power and light for nonvehicle uses, such as at 3M, NSP's facility on Century Avenue, or for temporary use on construction sites. Tanks shall not exceed a water capacity of one thousand five hundred (1,500) gallons. The licensing requirements in Chapter 17.3 shall be compiled with. 1) Any use of the same general character as any of the above uses, provided that no use which is noxious or hazardous shall be permitted. 2) Conditional uses. The following uses are permitted, subsequent to approval of a conditional use permit: a) All uses permitted in the R -3 Residence District. 7 9 -11 -89 b) Processing and distributing station for milk or other beverages. c) Place of amusement, recreation or assembly, other than a theater, when conducted indoors. d) The exterior storage display, sale, or distribution of goods or materials, but not including a junkyard, salvage, automobile, or other wrecking yard. The City may require screening of such uses. e) Use car lot. f) Metal storage buildings, provided that in addition to the general findings required for a conditional use, the following additional findings must be made: 1. The building would be substantially screened so as to be eighty percent 80 %) opaque as viewed from streets or land that is residentially developed or designated on the City's land use plan for residential use. 2. The building would not be of lesser quality than surrounding development. If the screening is removed or dies and is not replaced, the City Council may require removal of the building. If the value of the building exceeds twenty -five thousand dollars ($25,000.00), the City Council shall allow at least a five -year amortization period. g) Heliport. h) Car wash. i) Motor fuel stations or public garages, provided that in addition to the general conditions for a conditional use, the following additional conditions must be met: 1. The setback of any overhead canopy shall be at least fifteen (15) feet 8 9 -11 -89 from the street right -of -way line and five (5) feet from a nonresidential property line. 2.The setbacks to a residential zone in section 36 -153 3) shall include car washes, fuel dispensers or canopies. 3.Major motor fuel stations or public garages shall not be permitted within 350 feet of areas planned for residential use on the City's land use plan. 4.No unlicensed or inoperable vehicles shall be stored on the premises for more than forty eight (48) hours, except in storage areas fully screened from public view. 5.All trash, waste materials, and obsolete parts shall be stored within an enclosed trash container.Any container for the storage of used or 8 9 -11 -89 discarded tires shall be kept locked and 100% screened. 6. All repair, assembly, disassembly, and maintenance shall occur within a closed building, except for minor maintenance, such as tire replacement or inflation, adding oil or wiper fluid replacement. 7. The location and type of outdoor storage must be specifically approved in the conditional use permit. 8. No parking space(s) shall be located within the line of vision between self- service fuel dispensers and the attendant's window. 9. External speakers shall be directed away from residential areas and the sound shall not exceed fifty (50) decibels (normal conversation level) at the residential property line. 10. No motor fuel station within three hundred fifty (350) feet of land that is developed or designated on the City's land use plan for residential use shall be operated between the hours of 11 p.m. and 6 a.m. 11. Fuel station dispenser islands, parking areas, and drives shall be screened from residential uses and areas planned for residential use in conformance with section 36 -27 (c) and section 36 -27 (d). 12. Parking shall be limited to paved areas. 13. All new or replacement underground fuel storage tanks shall be STI -P3 or an equivalent steel tank manufactured by a licensee of the Steel Tank Institute. Fiberglass tanks and piping are not permitted. 14. Leak detection shall be required for all new tanks and for existing tanks according to U.S. Environmental Protection Agency (EPA) Schedule Deadlines. Leak detection facilities shall include electronic (in tank) monitoring equipment as well as manual daily measurement and recording of tank levels. Records of daily tank levels, fuel purchases and fuel sales shall be available on site for inspection by the Fire Marshal at all times. 15. Vents from an underground fuel storage tank(s) shall be two hundred 200) feet from the property line of a residential use or a property planned for residential use on the City's land use plan. The City Council may approve a lesser setback if the developer can prove that the typography or existing or proposed buildings will prevent fumes from reaching a residential lot line. 16. Car washes accessory to a fuel station shall be subject to the same conditions as stated for motor fuel stations, with the following additional conditions: a. The site shall be planned so that water from the car wash will not drain into a public street or access(s). A drainage system shall be installed, subject to the approval of the City Engineer. 9 9 -11 -89 b. Stacking space shall be designed to accommodate a minimum of four vehicles. j) Any use of the same general character as any of the above uses, provided that any use which is noxious or hazardous shall not be permitted. Section 36 -152 -- 36 -153. Reserved. Section 5. Sections 36 -156 to 36 -170 are amended as follows: Sections 36 -156 -- 36 -170. Reserved. Section 7. Sections 36 -155 (b) -(d), BC(m) district, are amended as follows: b) Permitted uses. Only the following uses are permitted by right in this district: 1) Retail store, office, agency, studio, bank, personal service, craftsmen's shop, or mortuary. 2) Hotel or motel. 3) Walk -in theatre. 4) Job printing shop. 5) Bakery or candy shop producing goods for on- premises retail sales. 6) Motor vehicle accessory installation center. 7) Any use of the same general character as any of the above uses, provided that no use which is noxious or hazardous shall be permitted. c) Conditional uses. The following uses are permitted, subsequent to approval of a conditional use permit: 1) All uses permitted in R -3, multiple- dwelling districts, except single or double dwellings. 2) Laundromat or similar automatic self- service laundry. 3) Restaurant, where there are no drive -up order windows or serving of food to patrons in their automobiles. All cooking odors must be controlled so as not to be noticeable to adjacent residences. 4) Place of amusement, recreation, or assembly, other than a theater, where there are no outdoor activities. 5) Minor motor fuel station, subject to the requirements in section 36 -151 2) (i)• 6) Any use of the same general character as any of the above uses, provided 10 9 -11 -89 that any use which is noxious or hazardous shall not be permitted. d) Prohibited uses: 1) Drive -in theaters or drive -in restaurants. 2) Commercial or fee parking lots where such use is the only use of a given parcel or where such use provides for general rather than specific use parking. 3) The exterior storage, display, sale, or distribution of equipment, goods, or materials. 4) Car wash. 5) Public garage or major motor fuel station. 6) Compressed natural gas or liquid petroleum gas dispensing facilities. Section 7. Section 36 -187 (a), M -1, light manufacturing district conditional uses, is amended as follows: a) The following uses are permitted, subsequent to approval of a conditional use permit: 1) Any conditional use in the BC, Business Commercial district, subject to the same conditions. 2) Any use listed as a permitted use in a BC, Business Commercial district, if the property is designated for LSC, Limited Service Commercial, or RM, Residential Medium density use on the City's Comprehensive Plan. 3) Any use of the same character as a permitted use in section 36 -186. 4) Trucking yard or terminal. Section 8. This ordinance shall take effect upon its passage and publication. Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson, Bastian, Juker, and Rossbach. Nay - Mayor Greavu. 4. 7:30 P.M., 11th and White Bear Avenue (Amoco) a. Plan Amendment (4 Votes) b. Rezoning (4 Votes) C. Lot Division Mayor Greavu stated this item has been delayed until October 23, 1989. 11 9 -11 -89 G. AWARD OF BIDS None. H. UNFINISHED BUSINESS 1. Upper Afton Road - McKnight to Century, Project 86 -07 - Schedule Public Hearing a. Director of Public Works Haider presented the staff report . b. Mayor Greavu introduced the following resolution and moved its adoption: 89 -9 -144 WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare a report with reference to the improvement of Upper Afton Road -- McKnight to Century, City Project 86 -07, by construction of bituminous street with concrete curb and gutter, storm sewer, water main, and appurtenances, and WHEREAS, the said City Engineer has prepared the aforesaid report for the improvement herein described: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The report of the City Engineer advising this council that the proposed improvement on Upper Afton Road -- McKnight to Century, City Project 86 -07, by construction of bituminous street with concrete curb and gutter, storm sewer, water main, and appurtenances is feasible and should best be made as proposed, is hereby received. 2. The Council will consider the aforesaid improvement in accordance with the reports and the assessment of benefitted property for all or a portion of the cost of the improvement according to MSA Chapter 429, at an estimated total cost of the improvement of 1,113,600. 3. A public hearing will be held in the Council Chambers of the City Hall at 1830 East County Road B, on Monday, the 9th day of October, 1989, at 7:00 p.m., to consider said improvement. The City Clerk shall give mailed and published notice of said hearing and improvement as required by law. Seconded by Councilmember Bastian. Ayes - all. 2. McKnight Road, Phase 2, Project 87 -04. a. Manager McGuire presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption 89 -8 -145 WHEREAS, it has been deemed necessary for the City of Maplewood to fund required 12 9 -11 -89 storm sewer construction on McKnight Road between Larpenteur Avenue to T.G. 36, S.P. 62- 668 -25, City Project 87 -04 within the limits of said municipality, and WHEREAS, said construction project has been identified by the Commissioner of Transportation as MSA Project Number 138 - 020 -08. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that we hereby authorize appropriation of $50,000 from our municipal state aid funds to apply toward the construction of said project and request the Commissioner of Transportation to approve this authorization. Seconded by Councilmember Rossbach.Ayes - Mayor Greavu, Councilmembers Juker, Anderson, and Rossbach Nay - Councilmember Bastian. I. NEW BUSINESS 1. County Light Rail Transit Plan a. Manager McGuire presented the staff report. b. No Action taken. 2. Preliminary Approval of 1989 Tax Increment and Improvement Bond Issues a. Manager McGuire presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption 89 -9 -146 RESOLUTION PROVIDING FOR PUBLIC SALE OF $1,470,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1989 BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Finding; Amount and Purpose It is hereby found, determined and declared that this City should issue $1,470,000 General Obligation Improvement Bonds of 1989 (the Bonds ") to provide money to finance the construction of various improvements in the City. 2. Meeting; Bid Opening This Council shall meet at the time and place specified in the form of notice hereinafter contained for the purpose of opening and considering sealed bids for, and awarding the sale of, the Bonds. The City Clerk, or designee, shall open bids at the time and place specified in such Notice of Bond Sale. 3. Notice of Bond Sale The City Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper of the City and in the Northwestern Financial Review not less than ten 10) days in advance of date of sale, as provided by law, which notice shall be in substantially the form set forth in Exhibit A attached hereto. 13 9 -11 -89 4. Official Terms of Bond Sale The terms and conditions of said Bonds and the sale thereof are fully set forth in the "Official Terms of Bond Sale" attached hereto as Exhibit B and incorporated herein by reference. 5. Official Statement The City Clerk and Finance Director and other officers or employees of the City are hereby authorized to participate in the preparation of an official statement for the Bonds. Seconded by Councilmember Anderson.Ayes - all. C. Mayor Greavu introduced the following resolution and moved its adoption 89-9-147 RESOLUTION PROVIDING FOR PUBLIC SALE OF $1,385,000 GENERAL OBLIGATION TAX INCREMENT BONDS OF 1989 BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Finding; Amount and Purpose It is hereby found, determined and declared that this City should issue $1,385,000 General Obligation Tax Increment Bonds of 1989 (the Bonds ") to provide money to finance a portion of certain capital and administration costs within Development District No. I of the City. 2. Meeting; Bid Opening This Council shall meet at the time and place specified in the form of notice hereinafter contained for the purpose of opening and considering sealed bids for, and awarding the sale of, the Bonds. The City Clerk, or designee, shall open bids at the time and place specified in such Notice of Bond Sale. — 3. Notice of Bond Sale The City Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting'to be published in the official newspaper of the City and in the Northwestern Financial Review not less than ten 10) days in advance of date of sale, as provided by law, which notice shall be in substantially the form set forth in Exhibit A attached hereto. 4. Official Terms of Bond Sale The terms and conditions of said Bonds and the sale thereof are fully set forth in the "Official Terms of Bond Sale" attached hereto as Exhibit B and incorporated herein by reference. 5. Official Statement The City Clerk and Finance Director and other officers or employees of the City are hereby authorized to participate in the preparation of an official statement for the Bonds. Seconded by Councilmember Anderson.Ayes - all. d. Mayor Greavu introduced the following resolution and moved its adoption RESOLUTION PROVIDING FOR PUBLIC SALE OF $350,000 TAXABLE 14 9 -11 -89 GENERAL OBLIGATION TAX INCREMENT BONDS OF 1989 i BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: j 1. Finding; Amount and Purpose It is hereby found, determined and declared that this City should issue $350,000 Taxable General Obligation Tax Increment Bonds of 1989 the "Bonds ") to provide money to finance a portion of certain capital and administration costs within Development District No. 1 of the City. 2. Meeting; Bid Opening This Council shall meet at the time and place specified in the form of notice hereinafter contained for the purpose of opening and considering sealed bids for, and awarding the sale of, the Bonds. The City Clerk, or designee, shall open bids at the time and place specified in such Notice of Bond Sale. 3. Notice of Bond Sale The City Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper of the City and in the Northwestern Financial Review not less than ten 10) days in advance of date of sale, as provided by law, which notice shall be in substantially the form set forth in Exhibit A attached hereto. 4. Official Terms of Bond Sale The terms and conditions of said Bonds and the sale thereof are fully set forth in the "Official Terms of Bond Sale" attached hereto as Exhibit B and incorporated herein by reference. 5. Official Statement The City Clerk and Finance Director and other officers or employees of the City are hereby authorized to participate in the preparation of an statement for the Bonds. Seconded by Councilmember Anderson. Ayes - all. 3. Police Study Proposal a. Manager McGuire presented the staff report. b. Councilmember Anderson done in a timely manner and add a penalty clause if study is not completed on time. Councilmember Anderson withdrew his motion. b. Councilmember Bastian moved to table Item I -3 until Thursday evening, September 14, 1989 Seconded by Councilmember Rossbach. Ayes - all. 4. Southlawn Avenue, Project 89 -17 Change Order No. 5 a. Manager McGuire presented the staff report. b. Councilmember Bastian introduced the following resolution and moved its adoption 15 9 -11 -89 89 -9 -149 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 85 -17 and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract in the amount of 475,928.02 be modified and designated as Improvement Project 85 -17 Change Order Five (5). 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 Five in the amount of $539. Seconded by Mayor Greavu. Ayes - all. 5. Park Improvement Project 88 -2P a. Sherwood Park - Change Order No. 5 b. Geranium Park - Change Order No. 6 C. Hazelwood Soccer Complex - Change Order No. 7 d. Playcrest Park - Change Order No. 8 1. Manager McGuire presented the staff report. - 2. Director of Parks and Recreation Director Odegard presented the change orders in detail. 3. Mayor Greavu moved to approve the following change orders as presented Sherwood Park - Change Order No. 5 $10,878.00 Geranium Park - Change Order No. 6 2,666.00 Hazelwood Soccer Complex - Change Order No. 7 3,010.00 Playcrest Park - Change Order No. 8 70,000.00 Seconded by Councilmember Anderson. Ayes - all. J. VISITOR PRESENTATION None. K. COUNCIL PRESENTATIONS 1. Woodlynn Avenue a. Councilmember Anderson commented on two dirt piles on Woodlynn Avenue, one at Cottages of Maplewood, and the second at Mack Nettleton's property. b. Councilmember Bastian Seconded by Councilmember Anderson.Ayes - all. 16 9 -11 -89 2. Property for Sale - White Bear Avenue a. Councilmember Anderson stated the property on the east side of White Bear Avenue and west of City Hall is for sale. b. Councilmember Bastian moved to refer the matter of the property that is possible purchase and report back to Council at the next regular meeting Seconded by Councilmember Anderson. Ayes - all. 3. Hennen Property - Hillwood Oaks a. Councilmember Rossbach move Seconded by Councilmember Anderson. Ayes - all. L. ADMINISTRATIVE PRESENTATIONS 1. Review Schedule of Public Hearings a. Manager McGuire reviewed the scheduled hearings for the next two months. a. City Attorney Kelly stated that a settlement had been reached for the Julia Lepsche assessment appeal. b. Councilmember Bastian M. ADJOURNMENT Mayor Greavu adjourned the September 11, 1989, meeting at 9:30 p.m. A. CALL TO ORDER Mayor Greavu reconvened meeting no. 89 -20 on Thursday, September 14, 1989, at 4:33 p.m. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present Gary W. Bastian, Councilmember Present L. ADMINISTRATIVE PRESENTATIONS 1. Decision Resources (Parks and Recreation Survey) 17 9 -11 -89 a. Manager McGuire presented the staff report. b. Dr. William Morris, Decision Resources, Inc., answered questions from the Council. c. Councilmember Anderson moved to authorize Decision Resources to proceed with the survey as amended Seconded by Mayor Greavu. Ayes - all. 2. City Hall Bids a. Manager McGuire presented the staff report. b. Dean Johnson, T.K.D.A., explained the bids and recommended Merrimac Construction Company as lowest responsible bidder. c. Mayor Greavu introduced the following resolution and moved its adoption BE IT RESOLVED, BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the Bid of Merrimac Construction Company in the amount of $1,056,279.00 is the lowest responsible bid for the construction of the City Hall Expansion and the proper City Officials are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Juker, and Rossbach'. Nay - Councilmember Bastian. c. Mayor Greavu moved to approve the financing'plan as presented Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Juker, and Rossbach Nay - Councilmember Bastian. d. Councilmember Anderson moved to retain the inspection services of T.K.D.A. for the City Hall expansion but the cost is not to exceed $6,100.00 Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson, Juker, and Rossbach Nay - Councilmember Bastian. 3. Police Study a. Manager McGuire presented the staff report. b. Councilmember Bastian moved to authorize staff to enter into an agreement 18 9 -11 -89 Seconded by Councilmember Juker. Ayes - all. C. Councilmember Bastian moved in future bids for Seconded by Councilmember Juker. Ayes - all. 4. Certification of Sewer Bill of North St. Paul a. Manager McGuire presented the staff report. b. Mayor Greavu moved that the Council request the C Seconded by Councilmember Juker. Ayes all. 5. Dirt Piles a. Director of Public Works Haider reported on the dirt piles on Woodlynn Avenue. If they are not removed, the construction on those sites will be shut down until removal completed. 6. White Bear Avenue Property a. Manager McGuire stated that appraisals have been ordered. 7. St. Paul Pioneer Press Dispatch a. Manager McGuire stated a meeting has been set for October 4, 1989, at 4:00 p.m., to meet with representatives of the St. Paul Pioneer Press Dispatch newspapers. b. Mayor Greavu moved to meet with representatives of the St. Paul Pioneer Seconded by Councilmember Juker. Ayes - all. M. ADJOURNMENT OF THE SEPTEMBER 14, 1989 MEETING 5:56 P.M. 19 9 -11 -89 kas 20 9 -11 -89 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, September 25, 1989 Council chambers, Municipal Building and 7:00 P.M., Thursday, September 28, - 1989 Meeting No. 89 -21 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 7:00 P.M., by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present C. APPROVAL OF MINUTES None. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Roseville School District 2. County Road C - Highway 61 3. Holiday Meetings 4. Junked Cars 5. McKnight Road 6. Remove E -2 from Consent Agenda 7. Public Hearing - 1990 Budget - 1 -6 Seconded by Councilmember Anderson.Ayes - all. E. CONSENT AGENDA Councilmember Juker moved to discuss Item E -5 immediately before item F -1. Seconded by Councilmember Anderson.Ayes - all. Councilmember Bastian moved, Seconded by Councilmember Anderson, Ayes - all, to approve the Consent Agenda, Items E -1, 3, 4 and 6 as recommended. 1. Approval of Claims 1 9 -25 -89 Approved the following claims: ACCOUNTS PAYABLE: 435,434.74 S 140,341.78 575,776.52 PAYROLL: 168,817.27 S 33.323.13 202,140.40 777,916.92 Checks 04781 - #4826 Dated 09 -01 -89 thru 09 -13 -89 Checks #2053 - 02165 Dated 09 -25 -89 Total per attached voucher /check register Payroll Checks Payroll Deductions Total Payroll e]7\iiilLiSlll 2. Conditional use Permit Renewal: 2239 Hazelwood Avenue (Olson) Removed from the Agenda - House sold. 3. Registered Land Survey: 2990 Highway 61 (MOgren) Approved the Registered Land Survey as submitted. 4. Conditional Use Permit Termination: 2675 Stillwater Road Approved the termination of the conditional use permit for a patio furniture construction and sales home occupation at 2675 Stillwater Road, since the home is no longer used as a patio furniture construction and sales business. 5. Final Plat: C. Little Addition Discussed before item F -1. 6. Donation Acceptance - Emergency Preparedness Donation was presented to Emergency Management Director Larry J. Cude at the September 11, 1989, Meeting. 5. Final Plat: C. Little Addition a. Dennis Peck, representing PARE, 2172 Payne Avenue, answered questions from the Council regarding the problems at the C. Little Addition on County Road B. Mr. Peck submitted new grading plans. 2 i 9- 25 -89<'' b. Councilmember Anderson moved to approve the final plat of C. Little Addition to create 25 single dwelling lots. Seconded by Councilmember Juker. Ayes - all F. PUBLIC HEARINGS 1. 7:00 P.M., Street Vacation: Sherren Avenue a. Mayor Greavu convened the meeting for a public hearing regarding the proposal to vacate the Sherren Avenue right -of -way between White Bear Avenue and the former right -of -way of Hazel Street (in front of the Maplewood Care Center). b. Acting Manager Haider presented the staff report. c. Director of Community Development Olson presented the details of the proposal. d. Commissioner Sue Fiola presented the Planning Commission report. e. Mayor Greavu called for proponents or opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Mayor Greavu introduced the following resolution and moved its adoption: 89 - 9 - 151 WHEREAS, the City of Maplewood initiated proceedings to vacate the public interest in the following- described property: Sherren Avenue, between White Bear Avenue and the former right -of- way of Hazel Street (in front of the Maplewood Care Center). WHEREAS, the following adjacent properties are affected: Lots 5 -10, Block 8, and Lots 1 -8, Block 9, Dearborn Park Addition WHEREAS, the procedural history of this vacation is as follows: 1. A majority of the owners of property abutting said street have signed a petition for this vacation; 2. This vacation was reviewed by the Planning Commission on September 18, 1989. The Planning commission recommended to the City Council that this vacation be approved. 3 9 -25 -89 3. The City Council held a public hearing on September 25, 1989, to consider this vacation. Notice thereof was published and mailed pursuant to law. All persons present at this 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. WHEREAS, upon vacation of the above - described street, public interest in the property will accrue to the following- described abutting properties: Lots 5 -10, Block 8 and Lots 1 -8, Block 9, Dearborn Park Addition NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that it is in the public interest to grant the above - described vacation on the basis of the following findings of fact: 1. The adjoining properties have adequate street access. 2. This street segment is not needed for area traffic circulation or emergency vehicle access. 3. There is a private drive on the right -of -way that may expose the City to liability. Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers Bastian and Juker. Nays - Councilmembers Anderson and Rossbach. 2. 7:15 P.M., County Road C, T.H. 61 to Hazelwood, Project 89 -94: Public Hearing a. Mayor Greavu convened the meeting for a public hearing regarding the proposed improvement of County Road C from T.H. 61 to Hazelwood, Project 89 -14. b. Acting Manager haider presented the staff report. c. Assistant City engineer Irish presented the details of the proposed improvement. d. Wayne Leonard, Coordinating Engineer, Ramsey County, explained the County's position. e. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following persons were heard: Chuck Pearson, 1495 E. County Road C Al Kruse, 1379 E. County Road C 4 9- 25 -89!.. Phil Oswald, 2676 English Garry Valento, 1349 E. County Road C Will Rossbach, 1386 E. County Road C Glenn Van Werner, SEH Consulting Engineers, Richard Engstrom, 1505 E. County Road C Carol Welsh, 2648 English Rick Sorenson, 1215 E. County Road C Dwight Wegner, 1374 E. County Road,C Patricia Priem, 1260 E. County Road C f. Mayor Greavu closed the public hearing. spoke on behalf of the project. g. Councilmember Anderson introduced the following resolution and moved its adoption: 89 - 9 - 152 WHEREAS, after due notice of public hearing on the construction of bridge, roadway with concrete curb and gutter, storm sewer, sidewalk, utilities, and appurtenances on County Road C from T.H. 61 to Hazelwood, City Project 89 -04, a hearing on said improvement in accordance with the notice duly given was duly held on September 25, 1989, and the Council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is advisable, expedient and necessary that the City of Maplewood construct bridge, roadway with concrete curb and gutter, storm sewer, sidewalk, utilities, and appurtenances on County Road C from T.H. 61 to Hazelwood, City Project 89 -04, as described in the notice of.hearing thereof, and orders the same to be made. This improvement is to be constructed by Ramsey County under a cooperative agreement with the City of Maplewood. Seconded by Mayor Greavu.Ayes - all. 3, 8:00 P.M., Larpenteur, 35 -E to Edgerton, Project 86 -27: Public Hearing a. Mayor Greavu convened the meeting for a public hearing regarding the proposed improvement of Larpenteur Avenue from Interstate 35 -E to Edgerton, Project 86 -27. b. Acting Manager haider presented the staff report. c. Assistant City Engineer Irish presented the 'details of the proposed improvement. 5 9 -25 -89 d. Wayne Leonard, Coordinating Engineer, Ramsey County, explained what portion Ramsey County is involved in. e. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following expressed their opinions: Donna Pinatti, 1686 Arkwright Cecelia Schneider, 433 E. Larpenteur Dan Pinatti, 1686 Arkwright Gary Gerke, 1252 Cope Frank Morse, 415 Kingston Maryanne Schiminsky, 1688 Edgemont Laurie Colonna, 535 E. Larpenteur f. Mayor Greavu closed the public.hearing. g. Councilmember Anderson moved to delete the sidewalk proposal from the proiect and introduced the following resolution and moved its adoption: 89 - 9 - 153 WHEREAS, after due notice of public hearing on the construction of roadway, bridge, storm sewer, utilities, and appurtenances on Larpenteur Avenue, Interstate 35 -E to Edgerton, City Project 86 -27, a hearing on said improvement in accordance with the notice duly given was duly held on September 25, 1989, and the Council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is advisable, expedient and necessary that the City of Maplewood construct roadway, bridge, storm sewer, utilities, and appurtenances on Larpenteur Avenue, Interstate 35 -E to Edgerton, City Project 86 -27, as described in the notice of hearing thereof, and orders the same to be made. 2. This improvement is to be made under a cooperative agreement with Ramsey County. Seconded by Mayor Greavu. Ayes - Mayor Greavu,Councilmembers Anderson, Juker, and Rossbach Nay - Councilmember Bastian. h. Councilmember Anderson introduced the following resolution and moved its adoption: 89 - 9 - 154 6 9 -25 -8S WHEREAS, plans for Project No. S.P. 62- 630 -21 Bridge No. 62554 showing proposed alignment, profiles, grades, and cross - sections for the construction reconstruction, or improvement of county State Aid Highway No. 30 within the limits of the City as a federal aid project and have been prepared and presented to the City. NOW, THEREFORE BE IT RESOLVED: that said plans be in all things approved. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Rossbach Nay - Councilmember Bastian. i. Councilmember Anderson introduced the following resolution and moved its adoption: 89 - 9 - 155 WHEREAS, plans for Project No. S.A.P. 62- 630 -36 showing proposed alignment, profiles, grades, and cross - sections for the construction, reconstruction, or improvement of County State Aid Highway No. 30 within the limits of the City as a state aid project and have been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED: that said plans be in all things approved. Seconded by Mayor Greavu.Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Rossbach. Nay - Councilmember Bastian Mayor Greavu called a ten minute recess at 9:40 P.M. Mayor Greavu reconvened the meeting at 9:50 P.M. 4. 8:45 P.M., Code Amendment, Environmental Protection Ordinance (2nd Reading - 4 Votes) a. Mayor Greavu convened the meeting for a public hearing regarding the revision to the environmental protection ordinance to provide more protection for significant trees. b. Acting Manager Haider presented the staff report. c. Director of Community Development Olson presented the details of the proposed ordinance. d. Commissioner Sue Fiola presented the Planning commission recommendation. 7 9 -25 -89 e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. The following were heard: Kent Jefferson, Jefferson Homes Ken Gervais, Castle Design g. Mayor Greavu closed the public hearing. h. Councilmember Anderson moved to table for one month to allow the developers to meet and report back to the Council. Seconded by Councilmember Rossbach. i Councilmember Bastian moved to extend the development moratorium until December 7, 1989. Seconded by Councilmember Anderson. Ayes - all. Voting on original motion. Ayes - all Councilmember Bastian moved to waive the Rules of Procedures and hear Items H -1, I -3, and I -6. Seconded by Councilmember Anderson. Ayes - all. H. UNFINISHED BUSINESS 1. Address Change - Maplewood Care Center a. Acting Manager Haider presented the staff report. b. Mayor Greavu moved to change the address for the Maplewood Care Center to 2320 White Bear Avenue. - Seconded by councilmember Bastian I.. NEW BUSINESS 3. Final Approval of Bonds: VOA Care Center Ayes - Mayor Greavu, Councilmembers Bastian and Rossbach. Nays - Councilmembers Anderson and Juker. a. Acting Manager Haider presented the staff report. b. Mary Ippel, Briggs and Morgan, Bonding Consultant, explained the necessity of this issue. c. Councilmember Bastian introduced the following resolution and moved its adoption: 8 9 -25 -Sf 89 - 9 - 156 RESOLUTION AUTHORIZING A PROJECT UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.165 AND THE ISSUANCE OF HEALTH CARE FACILITY REVENUE BONDS TO FINANCE THE PROJECT OF VOA CARE CENTERS, MINNESOTA BE IT RESOLVED BY THE CITY OFMAPLEWOOD MINNESOTA (the "Issuer" or the City "), as follows: 1. The Issuer has received a proposal from VOA Care Centers, Minnesota, a Minnesota nonprofit corporation (the "Company "), that the Issuer undertake to finance a certain Project, as herein described, pursuant to Minnesota Statutes, Sections 469.152 through 469.165 (the Act "), through issuance by the Issuer of its $4,260,000 Health Care Facility Revenue Bonds, Series 1989 (VOA Care Centers, a Minnesota Project) (the "Bonds "), and in accordance with Bond Purchase Agreement the "Bond Purchase Agreement ") between the Issuer, the company, Volunteers of America Care Facilities, a Minnesota nonprofit corporation, and Volunteers of America Health Services, a Minnesota nonprofit corporation, as Guarantors (collectively, the "Guarantors "), and Dougherty, Dawkins, Strand & Yost Incorporated (the "Underwriter "). The underwriter will sell the bonds pursuant to an Official Statement the "Official Statement "). 2. The Company will use the Bond proceeds to finance the acquisition from Volunteers of America Care Facilities of the existing nursing home facility located in the City and commonly known as the Maplewood Care Center (the "Project "). The acquisition price paid with Bond proceeds will be used to discharge certain prior debt of Volunteers of America Care Facilities. Certain Bond proceeds will be also used to install and complete certain improvements to the Project as specified in the Loan Agreement (defined below). The Project furthers the policies and purposes of the Act, and the findings made in the Preliminary Resolution adopted by this City council on August 28, 1989, with respect to the project are hereby ratified, affirmed and approved., 3. It is proposed that, pursuant to a Loan Agreement dated as of October 1, 1989, between the issuer, as lender, and the Company, as borrower (the "Loan Agreement "), the issuer loan the proceeds of the bonds to the company to finance the costs of acquiring the Project and installing certain improvements thereto. The Basic Payments to be made by the Company under the Loan Agreement are fixed so as to produce revenue sufficient to pay the principal of, premium, if any, and interest on the Bonds when due. It is further proposed that the issuer assign its rights to the Basic Payments and certain other rights under the Loan Agreement to Ohio Citizens Bank, Toledo, Ohio (the "Trustee ") as security for payment of the bonds under an Indenture of Trust dated as of October 1, 1989 (the Indenture "), and that the Company grant a mortgage and security interest in the Project and an assignment of all rents,m leases and profits from the Project to the Trustee pursuant to a Mortgage and Security Agreement 9 9 -25 -89 dated as of October 1, 1989 (the "Mortgage ") and an Assignment of Leases and Rents dated as of October 1, 1989 (the "Assignment "), respectively. Pursuant to separate Guaranty Agreements, each dated as of october 1, 1989, each of the Guarantors will guarantee payment of the bonds collectively, the "Guaranty Agreements "). 4. The City Council by action taken on August 28, 1989 gave preliminary approval to the Company proposal for the Project and the City has subsequently applied to the Department of Trade and Economic Development of the State of Minnesota for approval of the Project as tending to further the purposes and policies of the Act and as required by the Act. 5. Pursuant to the preliminary approval of the issuer, forms of the following documents have been submitted to the issuer for approval: a) The Loan Agreement. b) The Indenture. c) The Mortgage. d) The Assignment. e) The Guaranty Agreements. f) The Bond Purchase Agreement. g) A draft of Official Statement. 6. It is hereby found, determined and declared that: a) the Project described in the Loan Agreement and Indenture referred to above constitutes a Project authorized by the Act; b) the purpose of the Project is and the effect thereof will be to promote the public welfare by providing and maintaining nursing home facilities; c) the Project is located within the jurisdictional limits of the City; d) the acquisition of the Project, the issuance and sale of the Bonds, the execution and delivery by the Issuer of the Loan Agreement, the Bond Purchase Agreement and the Indenture, and the performance of all covenants and agreements of the issuer contained in the Loan Agreement, Bond Purchase Agreement, and Indenture, and of all other acts and things required under the constitution and laws of the State of Minnesota to make the Loan Agreement, Bond Purchase Agreement, Indenture and Bonds valid and binding obligations of the issuer in accordance with their terms, are authorized by the Act; 10 9 -25 -85 e) it is desirable that the Company be authorized, in accordance with the provisions of the Act and subject to the terms and conditions set forth in the Loan Agreement, which terms and conditions the Issuer determines to be necessary, desirable and proper, to complete the acquisition of the Project; f) it is desirable that the Bonds be issued by the Issuer upon the terms set forth in the Indenture; g) the Basic Payments under the Loan Agreement are fixed to produce revenue sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Bonds issued under the Indenture when due, and the Loan Agreement, Mortgage and Indenture also provide that the Company is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the Project Premises and payable during the term of the Mortgage, Loan Agreement and Indenture; h) under the provisions of the Act, and as provided in the Loan Agreement and Indenture, the Bonds are not to be payable from or charged upon any funds other than the revenue pledged to the payment thereof; the City is not subject to any liability thereon; no holder of any Bonds shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the Bonds or the interest or premium thereon, or to enforce payment thereof against any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable upon any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall recite that the Bonds are issued without moral obligation on the part of the state or its political subdivisions, and that the Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof; and, the Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. 7. Subject to the approval of the City Attorney, and the provisions of paragraph 11 hereof, the forms of the Loan Agreement, the Bond Purchase Agreement, the Indenture and exhibits thereto are approved substantially in the forms submitted and on file in the offices of the City, with such subsequent changes as may be approved by the City and the City Attorney. The Loan Agreement, the Bond Purchase Agreement and the Indenture, in substantially the forms submitted, are directed to be executed in the name and on behalf of the issuer by the Mayor and the City Manager. Any other documents and certificates necessary to the transaction herein described shall be executed by the appropriate City officers. Copies of all of the documents necessary to the transaction herein described shall be delivered, filed and recorded as provided herein and in said Loan Agreement and Indenture. 11 9 -25 -89 8. The .Issuer has not prepared nor made any independent investigation of the information contained in the Official Statement used to market the Bonds and takes no responsibility for such information. 9. Subject to approval of the Project by the Department of Trade and Economic Development of the State of Minnesota, the Issuer shall proceed forthwith to issue its Bonds, in the form and maturities and upon the terms set forth in the Indenture. The offer of the underwriter to purchase the Bonds at par plus accrued interest to the date of delivery at an interest rate or rates not to exceed a net interest rate of 9 -1/28 per annum is hereby accepted. The Company shall be responsible for payment of the Underwriter's fees which may, to the extent permitted by the Internal Revenue Code of 1986, as amended, be paid from Bond proceeds. The Mayor and City Manager or City Clerk are authorized and directed to prepare and execute the Bonds as prescribed in the Indenture and at such interest rate or rates as shall not exceed a net interest rate of 9 -1/28 per annum and to deliver the bonds to the Trustee for authentication and delivery to the underwriter. 10. The Mayor, City Manager, City Clerk and other officers of the Issuer are authorized and directed to prepare and furnish to the underwriter certified copies of all proceedings and records of the Issuer relating to the Bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality of the Bonds as such facts appear from the books and records in the officers custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the issuer as to the truth of all statements contained therein. 11. The approval hereby given to the various documents referred to above includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City Attorney and the City officials authorized herein to execute said documents prior to their execution; and said City officials are hereby authorized to approve said changes on behalf of the City. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In the absence of the Mayor, City Manager or City Clerk, any of the documents authorized by this resolution to be executed by them may be executed by the Acting Mayor, Acting City Manager or Acting City Clerk, respectively, or by any other duly designated acting official. 12. It is understood and agreed that the Company shall indemnify the City against all liabilities, losses, damages, costs and expenses including attorney's fees and expenses incurred by the City) arising with respect to the Project or the Bonds, as provided for and agreed to by and between the Company and the City in the Loan Agreement and the Bond Purchase Agreement. 12 9- 25- 89` -_''- Seconded by Mayor Greavu.Ayes - all. 6. 1990 Budget:Schedule Public Hearing a. Acting Manager Haider presented the staff report. b. Councilmember Bastian moved to hold a 1990 Budget Public Hearing at 5:00 P.M. on Thursday, October 19th 1989. Seconded by Mayor Greavu. Ayes - all. M. ADJOURNED THE SEPTEMBER 25 1989 AT 9.26 P.M. A MAYOR GREAW RECONVENED THE SEPTEMBER 25 1989 MEETING AT CARVER SCHOOL THURSDAY SEPTEMBER 28 1989 AT 6.10 P.M. B. ROLL CALL John C. Greavu, Mayor Norman G. Anderson, Councilmember Gary W. Bastian, Councilmember Frances L. Juker, Councilmember George F. Rossbach, Councilmember H. UNFINISHED BUSINESS (Continued) 2. Development Moratorium Discussed with Item F -4. 3. Reconsideration of Hillwood Oaks No. 2 Present Present Present Present Present a. Acting Manager Haider presented the staff report. b. Councilmember Rossbach moved to continue to negotiate and hope that the City and Mr. Hennen can come to an agreement and that Council take no action at this time. Seconded by Mayor Greavu. I. NEW BUSINESS (Continued) Ayes - all. 1. T.H. 36: Atlantic to T.H. 120 Reconstruction - Approve Plans a. Acting Manager Haider presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 89 - 9 - 157 13 9 -25 -89 WHEREAS, the Commissioner of Transportation for the State of Minnesota has prepared: plans, special provisions, and specifications for the improvement of Trunk Highway No. 118, renumbered as Trunk Highway No. 36, within the corporate limits of the City of Maplewood and North St. Paul, from Atlantic Street to east corporate limits; and seeks the approval thereof; NOW, THEN, BE IT RESOLVED that said plans and special provisions for the improvement Of said trunk highway, within said corporate limits of the City, be and hereby are approved, including the elevations and grades as shown, and consent is hereby given to any and all changes in grade occasioned by said construction.. BE IT FURTHER RESOLVED that the City does hereby agree to require the parking of all vehicles, if such parking is permitted within the corporate limits of said City on said trunk highway, to be parallel . with the curb adjacent to the highway, and at least 20 feet from any crosswalks on all public streets intersecting said trunk highway. Seconded by Rossbach. Ayes - all. 2. Roselawn: T.H. 49 to Jackson - Schedule Public Hearing a. Acting Manager haider presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 89 - 9 - 158 WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare a report with reference to the improvement of Roselawn Avenue from Rice Street (T.H. 49) to jackson Street, City Project 87 -01, by construction of roadway with concrete curb and gutter, bridge, storm sewer, water main, and appurtenances, and WHEREAS, the said City Engineer has prepared the aforesaid report for the improvement herein described: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The report of the City engineer advising this Council that the proposed improvement on Roselawn Avenue from Rice Street (T.H. 49) to Jackson Street, City Project 87 -01, by construction of roadway with concrete curb and gutter, bridge, storm sewer, water main, and appurtenances, is feasible and should best be made as proposed, is hereby received. 14 9- 25 -89 "' 2. The Council will consider the aforesaid improvement in accordance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement according to MSA Chapter 429, at an estimated total coat of the improvement of $970,000. 3. A public hearing will be held in the Council Chambers of the City Hall at 1830 East County Road B on Monday, the 23rd day of October., 1989, at 7:00 P.M. to consider said improvement. The City Clerk shall give mailed and published notice of said hearing and improvement as required by law. Seconded by Councilmember Anderson. Ayes - all 3. Final Approval of Bonds: VOA Care Center Discussed at the September 25, 1989 Meeting 4. Information on Multiple Dwellings a. Director of Community Development Olson presented the staff report. b. Councilmember Rossbach moved the subject of permitted densities to the Planning Commissio their consideration and further studv possibly having lower density in residential development and refer the matter of design standards to the C.D.R.B. for a recommendation of might be used in Maplewood. Seconded by Councilmember Anderson. Ayes - all. 5. Pipkorn Building Screening: 2055 White Bear Avenue a. Acting Manager Haider presented the staff report. b. Director of Community Development Olson stated Howard Pipkorn stated that they are temporarily storing trucks and equipment behind the building until they finish retooling, which should be completed by January 1, 1990. C. No action taken. J. VISITOR PRESENTATIONS None. K. COUNCIL PRESENTATIONS 1. Roseville School District a. Councilmember Anderson stated there has been a request for a Maplewood representative on the Roseville School Committee. 15 9 -25 -89 b. Council directed staff to place an article in the "Maplewood In Motion." 2. Maplewood Care Center Address a. Councilmember Rossbach moved to suspend the Rules of Procedures and discuss the address for the Maplewood Care Center, Item H -1. Seconded by Councilmember Anderson. Ayes - all. b. Councilmember Rossbach moved to rescind the motion to address the Maplewood Care Center as 2320 White Bear Avenue and leave it 1900 Sherren until such time as Council explores changing the routes at that area. Seconded by Councilmember Anderson.Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Rossbach Nay - Councilmember Bastian. 3. County Road C and Highway 61. a. Councilmember Rossbach stated he had received complaints regarding the abandoned home and building at the SE corner of County Road C and Highway 61. It should be cleaned up. b. Staff stated Hess Kline had purchased the property and will contact him. 4. Holiday Meetings a. Councilmember ROSSbach stated the second meeting of the month falls on Christmas Day. Requested staff, at the next regular meeting, to suggest optional dates. 5. Junked Cars a. Councilmember Rossbach stated he wanted to remind staff that the complete junked car ordinance was not finished and requested that it be revived. 6. McKnight Road a. Councilmember Juker questioned when access to the homes along McKnight Road will be available. b. Staff stated full access by winter. Mayor Greavu called a ten minute recess at 6:50 P.M. Mayor Greavu reconvened the meeting at 7:00 P.M. 16 9 -25 -89 L. ADMINISTRATIVE PRESENTATIONS 1. 7:00 P.M., Public Hearing, District No. 8 Water Tower Assessment Hearing - Carver School a. Mayor Greavu convened the meeting for a public hearing regarding the adoption of the proposed assessment roll for District No. 8 Water Tower Project 86 -15. b. Acting Manager Haider presented the staff report. C. City Attorney Patrick Kelly explained the procedures for the public hearing regarding adoption of the assessment roll. d. Mayor Greavu called for proponents and opponents. The following were heard: Don Whitacre, 751 No. Century Wm. Mahre, 1737 Clarence, representing the St. Paul Ski Club Jerry Johnson, 2445 Londin Lane Dave Johnson, 821 So. Century Cheryl Cavert, 679 Dorland Avenue Harold Johnson, 2616 Linwood Ave. George Anderson, 2680 Linwood Avenue George Oxford, 2305 Linwood Avenue Al Jerovik, 2480 Linwood Avenue Richard Marbar, 2445 Londin Lane Written objection by J. Frank Popplewill Paul Larson, 2251 Valley Place, Board Member for Christian School Jack McDonald, 755 So. Century - Paul Scarpori, 2688 Linwood Avenue Jeff Ruse, 1150 McKnight Road Arnold Johnson, 2291 Londin Lane Jerry Kubish, 2475 Southcrest Drive Ardelle Vondenbruggan, 2578 Linwood Avenue David Rydel, written notice James Kayser, 2516 Linwood Avenue Steve Skor, 2660 Highwood Ginny Hildebrandt, 2270 Highwood Resident at 760 Dorland Road Steve Kayser, 2516 Linwood Avenue Shiela Cox, 622 So. McKnight Zeno Samett, 885 So. Century Mary Postiff, 1215 Dorland Road Joe Drazes, 2445 Londin Lane e. Mayor Greavu closed the public hearing. f. Mayor Greavu introduced the following resolution and moved its adoption: 17 9 -25 -89 89 - 9 - 130 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 Water District 8 improvements, as described in the files of the City Clerk as Project 86 -15, and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be 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 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, 1990. 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. 18 9- 25 -89'! 5. The Clerk 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 - all. M. ADJOURNMENT OF SEPTEMBER 28, 1989 MEETING 8:30 P.M. City Clerk 19 9 -25 -89 MAPLEWOOD CITY COUNCIL COUNCIL /MANAGER MEETING 5:30 p.m., Monday, March 5, 1990 CONFERENCE ROOM B - MUNICIPAL BUILDING A. CALL TO ORDER A special meeting of the City Council of Maplewood, Minnesota was held in Conference Room B, Municipal Building. The meeting was called to order by Mayor Anderson at 5:40 p.m. B. ROLL CALL Norman G. Anderson, Mayor Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present Joseph A. Zappa, Councilmember Present Staff Present Michael A. McGuire, City Manager Gretchen B. Maglich, Acting Staff Services Coordinator Daniel F. Faust, Finance Director Robert B. Odegard, Director of Parks & Recreation C. APPROVAL OF AGENDA The Agenda was approved as presented. C. NEW BUSINESS 1. City Hall Furnishings: Gretchen Maglich presented a progress report on furniture selection for the two conference rooms and the Council office which are a part of the City Hall expansion. Designs of tables, chairs and fabric samples were presented and the Council reached consensus on the various choices. Commissioners' Dinner - Presentation Item: Manager McGuire displayed an example of the proposed award to be given to the Commissioners at the annual recognition dinner on April 21, 1990. The City Council agreed that the vinyl portfolio be stamped with a small representation of a maple leaf and the individual's name. Community Center: Manager McGuire presented a report on the activity to date regarding a City community center. Following considerable discussion, Councilmember Zappa moved that staff be directed to organize a specific plan of action for presentation to the Council at the next regular meeting on Monday, March 12, 1990. The motion was seconded. Ayes: Anderson, Juker, Zappa, Rossbach Abstain: Bastian 4. Fire Services Study Committee: Following a short discussion, it was agreed that the first meeting of the Fire Services Study Committee will be on Wednesday, March 14, 1990 at 6:00 p.m. in Conference Room B, City Hall. Mayor Anderson appointed Councilmember Juker as his Committee Alternate to attend in his absence. E. ADJOURNMENT The meeting was adjourned at 7:36 p.m. MINUTES OF NAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, March 12, 1990 and 4 :30 P.M., Thursday, March 15, 1990 Hazelwood Fire Station, 1530 E. County Road C Meeting No. 90 -5 A regular meeting of the City Council of Maplewood, Minnesota, was held at the Hazelwood Fire Station, 1530 E. County Road C, and was called to order at 7:00 P.M., by Mayor Anderson. B. ROLL CALL Norman G. Anderson, Mayor Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present Joseph A. zappa, Councilmember Present C APPROVAL OF MINUTES 1. Minutes of Meeting No. 89 -12 (May 18, 1989) Mayor Anderson moved to aDDrOye the Minutes of Meetino No 92_-12 (May 18 1989} as submitted Seconded by Councilmember Rossbach. Ayes - all. 2. Minutes of Meeting No. 89 -14 (June 22, 1989) Mayor Anderson moved to annrove the Minutes of Meetino No 89- 14 1june 99 1989) as submitted. Submitted by Councilmember Bastian. Ayes - all. 3. Minutes of Meeting No. 90 -3 (February 12, 1990) Councilmember Bastian moved to annrove the Minutes of Meeti No 90-3 February 12. 1990) as corrected: Page 12, Item K -S -a - Delete "duracell" twice Seconded by Mayor Anderson. Ayes - all. 4. Minutes of Meeting No. 90 -4 (February 26, 1990) Councilmember Bastian moved to annrove the -Minutes of Meeting No 90-4 February 26. 19901 as submitted 1 3 -12 -90 Seconded by Councilmember Rossbach. Ayes - all. D. APPROVAL OF AG END Mayor Anderson moved to approve the Agenda as amended: 1. Mark's Nature haven 2. Lillie Newspaper 3. Prevailing Wage 4. History of Maplewood 5. Water Problems 6. Parks Seconded by Councilmember Zappa. Ayes - all E. CONSENT AGENDA Councilmember Zappa moved seconded by Mavor Anderson Ayes all to approve the Consent Agenda Items E -1 through 8 as recommended 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: 174,149.78 Checks 05426 - #5491 Dated 02 -15 -90 thru 02 -28 -90 S 96,908.25 Checks #3669 - #3308 Dated 03 -12 -90 271,058.03 Total per attached voucher /check register PAYROLL: 185,518.31 Payroll Checks S 27.478.00 Payroll Deductions 212,996.31 Total Payroll 484,054.34 GRAND TOTAL 2. Mechanical Inspector's Fee Approved to increase the mechanical inspector's fee from 75% to 809 of the permit fee. 3. Purchase of Unmarked Police Vehicles 2 3 -12 -90 Approved the purchase of two unmarked police vehicles in the amount of 24,640 (to be purchased under the Bid of the City of Minneapolis as awarded to Farmington Ford). 4. Commission and Boards' Banquet Approved the budget transfer of $3,000 from the Contingency Fund to the Legislative Division in the General Fund to cover the cost of the Commission and Boards' Recognition Banquet. S. Nature Center Donations Accepted the $150.00 donation from the Maplewood - Oakdale Lion's Club and increase the Fees for Service Budget Account for the Nature Center by150.00 (101- 604 - 000 -4480) Accepted the $250.00 donation from the 3 -M Company and add this amount to the Nature Center Equipment Supplies Budget Account (101- 604 - 000 -4160) 6. Project 90 -03, T.H. 61 Signals, Approve Agreement Resolution No. 90 - 3 - 32 BE IT RESOLVED that the City of Maplewood enter into an Agreement with the State of Minnesota, Department of Transportation, for the followingpurposes, to wit: To revise the existing traffic control signals with street lights, emergency vehicle pre- emption and signing on Trunk Highway No. 61 at county State Aid Highway No. 25 (County Road S) - Parking Lot Entrance, County State Aid Highway No. 19 (Beam Avenue), Trunk Highway No. 694 South Ramps, and at County State Aid Highway No. 15 (County Road E) - Trunk Highway No. 244 (County Road E); revise the existing traffic control signals with street lights and signing on Trunk Highway No. 61 at County Road 146 (Cedar Avenue), County State Aid Highway No. 12 (County Road F) - County Road 95 Ash Street), and at County State Aid Highway No. 65 (White Bear Avenue) - County Road 146 (Hoffman Road); and install interconnect on Trunk Highway No. 61 from County State Aid Highway No. 19 (Beam Avenue) to Trunk Highway No. 694 South Ramps in accordance with the terms and conditions set forth and contained in Agreement No. 66958, a copy of which was before the Council. BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. 7. Signing of Fire Department Contracts 3 3 -12 -90 Approved the signing of the Fire Department Contracts; East County Line /Oakdale Dispatching Contract; Oakdale Fire Department Dispatching Contract; and the North St. Paul Dispatching Contract. 8. Maintenance Agreement with Pitney Bowes Approved the budget transfer of $2100.00 from the Sewer Contingency Fund to cover the cost of the maintenance agreement for the Burster, Folder and Inserter equipment. F. PUBLIC HEARINGS 1. 7 :00 P.M., Street Vacation: Effingham Street (4 Votes) a. Mayor Anderson convened the meeting for a public hearing regarding the proposed vacation of Effingham Street right of way, west of 1771 Payne Avenue. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Commissioner Will Rossbach presented the Planning Commission recommendation. e. Mayor Anderson called for proponents and opponents. None were heard. f. Mayor Anderson closed the public hearing. g. Councilmember Zappa introduced the followinc resolution and moved its adoption: 90 -3 -33 WHEREAS, the Maplewood Planning commission initiated proceedings to vacate the public interest in the Effingham Street right -of -way, west of the west line of that property described as that Part south of M St. Paul and S. Ste. Marie Railroad R/W (now the Minnesota D.N.R. Trail) west of extended center line of Payne Avenue and east of extended center line of alley adjacent to Lot 30, Ufton Grove 4th Plat (PIN 17- 29 -22 -43 -0004) WHEREAS, the following adjacent properties are affected: Late 22 - 30 of Ufton Grove 4th Plat and the following described properties: Part of Lot 4 east of extended east L of west 30 feet of Lot 28 and West of extended center line of alley adjacent Lot 30 of Ufton Grove 4th Plat and south of M St. Paul and S. Ste. Marie Railroad right -of -way across said Lot 4 (PIN 17- 29 -22 -43 -0005) 4 3 -12 -90 Part of Lot 4 east of extended center line of Lot 26 and west of extended E L of west 30 ft of Lot 28 of Ufton Grove 4th Plat and south of M St. Paul and S. Ste. Marie Railroad right -of -way across said Lot 4 (pin 17- 29- 22 -43- 0006) Part of Lot 4 west of extended center line of Lot 26 of Ufton Grove 4th Plat and south of M St. Paul and S. Ste. Marie Railroad CO right -of -way across said Lot 4 (PIN 17- 29 -22 -43 -0007) WHEREAS, the procedural history of this vacation is as follows: 1. This vacation was reviewed by the Planning Commission on February 5, 1990. The Planning Commission recommended to the City Council that this vacation be approved. 2. The City Council held a public hearing on March 12, 1990, to consider this vacation. Notice thereof was published and mailed pursuant to law. All persons present at this 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. WHEREAS, upon vacation of the above- described street right -of- way, public interest in the property will accrue to the following - described abutting properties: Lots 22 -30 of Ufton Grove 4th Plat and the following described properties: Part of Lot 4 east of extended east L of west 30 feet of Lot 28 and west of extended center line of alley adjacent Lot 30 of Ufton Grove 4th Plat and south of M St. Paul and S. Ste. Marie Railroad right -of -way across said Lot 4 (PIN 17- 29- 22 -43- 0005) Part of Lot 4 east of extended center line of Lot 26 and west of extended E L of West 30 ft of Lot 28 of Ufton Grove 4th Plat and south of M St. Paul and S. Ste. Marie Railroad right -of -way across said Lot 4 (PIN 17- 29 -22 -43 -0006) Part of Lot 4 west of extended centei line of Lot 26 of Ufton Grove 4th Plat and south of M St. Paul and S. Ste. Marie Railroad Cc right -of -way across said Lot 4 (PIN 17- 29 -22 -43 -0007) 5 3 -12 -90 NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that it is in the public interest to grant the above - described vacation on the basis of the following findings of fact: 1. The adjoining property owners have no interest in having a street constructed. 2. The adjoining properties have adequate street access. 3. This street right -of -way is not needed for area traffic circulation or emergency vehicle access. 4. Maplewood's policy has been to vacate unneeded rights -of -way whenever possible. Seconded by Councilmember Rossbach. Ayes - all. G. AWARD OF BIDS None. H. UNFINISHED BUSINESS 1. Update Recreational Vehicle Ordinance a. Councilmember Zappa moved first reading of an ordinance deleting Section 20 -125 "This Article shall be in effect until October 1 1989." Seconded by Mayor Anderson. Ayes - all. I. NEW BUSINESS 2. Vacation of Undeveloped Streets and Alleys a. Manager McGuire presented the staff report. b. Councilmember Bastian moved to table this item indefinitely. Seconded by Councilmember Rossbach. Ayes - all. c. Councilmember Bastian moved to instruct staff to Prepare a list of the significant "backed up" Proiects either verbally or orally. Seconded by Mayor Anderson. Ayes - all. 3. Community Center - Plan of Action a. Manager McGuire presented the staff report. 6 3 -12 -90 b. Councilmember Zappa moved to oroceed with the elan .,f action for the Community Center items one thru four as follows and to proceed with Item 5 when the other our have been approved 1. Negotiate options on the proposed sites. 2. Get soil tests /opinion on proposed sites. 3. Develop guidelines for committee to further identify and refine needs. 4. Gather information to estimate operating costs. S. Start process of selecting architect to help plan space analysis. Seconded by Councilmember Bastian. Ayes - all. F. PUBLIC HEARINGS (Continued) 2. 7:15 P.M., Rezoning: West of White Bear Avenue; Radatz Avenue to County Road C (4Votes) a. Mayor Anderson convened the meeting for a public hearing regarding the proposal to rezone from F, farm residential, to R -1, single dwelling residential for the area west of White Bear Avenue between Radatz Avenue and County Road C. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Commissioner Will Rossbach presented the Planning Commission report. e. Mayor Anderson called for persons who wished to be heard for or against the proposal. The following voiced their opinion: Resident at 2684 Gem Street f. Mayor Anderson closed the public hearing. g. Councilmember Zappa introduced the following resolution and moved its adoption: 90 -3 -34 WHEREAS, the City of Maplewood initiated a rezoning from F, farm residence to R -1 single dwelling for the properties west of White Bear Avenue, between Radatz Avenue and County Road C, legally described as: WHEREAS, the procedural history of this rezoning is as follows- 7 3 -12 -90 1. This rezoning was reviewed by the Maplewood Planning Commission on February 20, 1990. The Planning Commission recommended to the City Council that said rezoning be approved. 2. The Maplewood City Council held a public hearing on March 12, 1990, to consider this rezoning. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described rezoning be approved on the basis of the following findings of fact: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the 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 beat interests and conveniences of the community, where applicable and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Seconded by Councilmember Bastian. Ayes - all. I. NEW BUSINESS (Continued) 4. Council Workshop a. Manager McGuire presented the staff report. b. Couneilmember 2appa moved to proceed with Items (1) The _Mavor Councilmembers and Manager meet to discuss what they want to cret out of a one -day workshop where it should be and who should conduct it (2) Hold a one -day workshop based on the outcome of Item ..l this would include the Mayor Councilmembers and Manager; and that this be comialeted-withincompleted-within 30 days after April 6 1990 and discuss Item (31 Hold a two- d worksh this would include the Mayor Councilmembers Manager and Management Staff. 8 3 -12 -90 Seconded by Councilmember Anderson. Ayes - Mayor Anderson, Councilmembers Bastian, Rossbach and Zappa Nay - Councilmember Juker C. Councilmember Bastian moved to complete Item i April 12 1990 at 4:30P_M Seconded by Councilmember Rossbach. Ayes - all. 5. Alley East of White Bear Avenue, Beam Avenue to County Road D a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of theproposal. C. Councilmember Zappa moved to instruct Staff to Prepare a more definitive plan and report back reoardinc the alley east of White BeaAvenue. Beam to County Road D Seconded by Councilmember Juker.Ayes - all. d. At this time, Councilmember Bastian questioned why Mayor Anderson did not take a roll call vote as in the past. Mayor Anderson stated he felt he could call for a general vote of Ayes andNaysoneverythingbutpublichearings, and on public hearings a rotatedrollcallvotewouldbetaken. e. Alley West of White Bear Avenue, Radatz to Beam Avenue 1. Director of Public Works presented his report. 2. Councilmember Rossbach moved to table this item indefinitely. Seconded by Councilmember Bastian.Ayes - Councilmembers Bastian and Rossbach. Nays - Mayor Anderson, Councilmembers Juker and Zappa. Motion failed. 3. Councilmember Zappa moved to refer the nronosed alley west of White Bear Avenue from Radatz to Beam Avenue back to Staff fo further information. Seconded by Councilmember Juker. Ayes - Mayor Anderson, Councilmembers Juker and Zappa 9 3 -12 -90 Naya - Councilmembers Bastian and Rossbach. 4. Councilmember Juker moved to refer to Staff to investica* what is happening to the prooerty on the west side of White Bear Avenue from Radatz to Beam Avenue Seconded by Councilmember Roeabach. Ayes - Mayor Anderson, Councilmembers Bastian, Juker and Rossbach. Councilmember Zappa abstained. P. PUBLIC BEARINGS (Continued) 3. 7:30 P.M., Conditional Use Permit - Cope Avenue (Credit Union) a. Mayor Anderson convened the meeting for a public hearing regarding the request of the City and County Credit Union for approval of a conditional use permit to construct a one -story 5,400 square foot credit union branch office. A CUP is required for construction in an M -1 light manufacturing district, when the building is within 350 feet of a residential zone. b. Manager McGuire presented the Staff report. C. Director of Community Development Olson presented the specifics of the proposal. d. Commissioner Will Rossbach presented the Planning Commission report. e. Mr. Sheldon Sanborn, President of the Credit Union, spoke in favor of the proposal. f. Mayor Anderson called for proponents and opponents. None were heard. g. Mayor Anderson closed the public hearing. h. Councilmember Zappa moved that the Conditional Use Permit for the City and County Credit Union be reviewed after one year. Seconded by councilmember Bastian. Ayes - all. i. Councilmember Zapper introduced the following resolution and moved its adoption• 90 -3 -35 WHEREAS, the City and County Employees Credit Union initiated a conditional use permit to construct a new office building 160 feet from an adjacent residential district at the following- described property: 10 3 -12 -90 The south 230 feet of the east 230 feet of Lot 12, e.g. Rogers' Garden Lots, lying south of the center line of Trunk Highway 36, subject to easements of record. WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was reviewed by the Maplewood Planning Commission on February 20, 1990. The Planning Commission recommended to the City Council that said permit be approved.. 2. The Maplewood City Council held a public hearing on March 12, 1990. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above- described conditional use permit be approved on the basis of the following findings -of -fact; 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 excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run -off, vibration, general unsightliness, electrical interference or other nuisances. S. The use would generate 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. 11 3 -12 -90 S. 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. Approval is subject to adherence to the site plan, dated January 9, 1990. Seconded by Councilmember Bastian. Ayes - all. 4 .7:45 P.M., South Side of Frost Avenue, East of Phalen Place a. Mayor Anderson convened the meeting for a public hearing regarding the proposal to change the land use plan and the zoning map for the location 1136 -1160 Frost Avenue. The proposed change is a land use plan amendment from RM, medium density residential to BW, business warehouse for the existing BC, business commercial zone south of Frost Avenue. The proposed change for zoning is from SC, business commercial, to M -1, light manufacturing for the same area. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Commissioner Will Rossbach presented the Planning Commission report. e. Mayor Anderson called for proponents. None were heard. f. Mayor Anderson called for opponents. The following were heard: Steve Continenza, 1160 Frost Avenue James Johnson, Maplewood Marine g. Mayor Anderson closed the public hearing. h. Councilmember Zappa introduced the following resolution and moved it adoption• 90 -3 -36 WHEREAS, the city of Maplewood initiated an amendment to the Maplewood Comprehensive Plan from RM, medium - density residential to BW, business warehouse, for the following - described property: Lots 1 -20, Block 1 and Lots 1 -10, Block 2 of Kavanagh & Dawsons Addition.to Gladstone in Section 16, TN 29, RN 22. This property is more commonly described as 1136 and 1160 Frost Avenue, Maplewood; 12 3 -12 -90 WHEREAS, the procedural history of this plan amendment is as follows: 1. The Maplewood Planning Commission held a public hearing on February 20, 1990, to consider this plan amendment. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Planning Commission recommended to the City Council that said plan amendment be approved. 2. The Maplewood City Council considered said plan amendment on March 12, 1990. The Council considered reports and recommendations from the Planning Commission and City staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described plan amendment be approved on the basis of the following findings of fact: 1. The BW designation is consistent with the BC zoning, the proposed M -1 zoning of the area and the existing uses. 2. This area is better suited to commercial uses than to residential uses to its proximity to Frost Avenue and the existing commercial development. Seconded by Mayor Anderson. Ayes - all. i. Councilmember Rossbach introduced the following resolution and moved its adoption: 90 -3 -37 WHEREAS, the City of Maplewood initiated a rezoning from BC, business commercial, to M -1, light manufacturing, for the following- described property: Lots 1 -20, Block 1 and Lots 1 -10, Block 2, of Kavanagh & Dawsons Addition to Gladstone in Section 16, TN 29, RN 22. This property is also known as 1136 and 1160 Frost Avenue, Maplewood; WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was reviewed by the Maplewood Planning Commission on February 20, 1990. The Planning Commission recommended to the city Council that said rezoning be approved. 13 3 -12 -90 2. The Maplewood City Council held a public hearing on March 12, 1990, to consider this rezoning. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City Staff and PlanningCommission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above- described rezoning be approved on the basis of the followingfindingsoffact: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the 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 inconveniences of the community, where applicable and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. S. It would be consistent with the proposed BW designation on the land use plan. 6. The property has been zoned and used commercially for many years. Seconded by Councilmember Juker.Ayes - all. J. Council informed the residents that the property tax would not change because of the zone change if the use of the property did not change. k. Councilmember Bastian moved to refer to staff the question of Dark as relatinc to the Dark and also the vacation or improvement of Edward Street. Seconded by Councilmember Rossbach. Ayes - all. 5 8:15 P.M., Highwood Estates No. 2 a. Plan Amendment (4 Votes) b. Street Vacation c. Pipeline Setback Reduction (deleted from Agenda) 14 3 -12 -90 d. Preliminary Plat e. Rezoning (4 votes) f. No Parking 1. Mayor Anderson convened the meeting for a public hearing regarding the request of Roar Development for the following approvals to develop the highwood Estates No. 2 Subdivision: a. A Land use Plan amendment from OS, Open Space to RL, Residential Low Density for the area of the proposed plat. This is shown on the maps on pages 12 and 13. b. The vacation of portions of the undeveloped Sterling Street right -of -way (see page 16). C. The approval of a preliminary plat for Highwood Estates No. 2, a 96 -lot single - dwelling subdivision that is a continuation of the Highwood Estates Plat. 2. Manager McGuire presented the Staff report. 3. Director of Community Development Olson presented the specifics of the proposal. 4. Commissioner Will Rossbach presented the Planning Commission report. 5. Attorney John Daubney, representing the developers, spoke on behalf of the proposal. 6. Mayor Anderson called for persons who wished to be heard for or against the proposal. The following expressed their views: Ray Bredahl, representing the developers Art Werthauser, representing the developers Dean Sherburne, 1078 Marnie Tom Fabio, 1068 Marnie Bill Mahre, 1737 Clarence, representing the St. Paul Educational Foundation,, Inc. (St. Paul Ski Club) 7. Mayor Anderson closed the public hearing. 8. Mayor Anderson introduced the following resolution and moved its adoption: (Plan Amendment) 90 -3 -38 WHEREAS, Roar Development initiated an amendment to the Maplewood Comprehensive Plan from OS, open space to RL, low density residential and deletes the minor collector street for the following - described property: 15 3 -12 -90 Outlot A, Highwood Estates (Parcel 13- 28 -22 -42 -0040) WHEREAS, the procedural history of this plan amendment is as follows: 1. The Maplewood Planning Commission held a public hearing on February 20, 1990, to consider this plan amendment. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Planning Commission recommended to the City Council that said plan amendment be approved. 2. The Maplewood City Council considered said plan amendment on March 12, 1990. The Council considered reports and recommendations from the Planning Commission and City staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above- described plan amendment be approved on the basis of the following findings of fact: 1. The property owner is proposing to develop this property for single - family homes. 2. The OS designation was left on the property in 1987 because development would cause storm -water runoff onto the ski jump property without drainage easements. Drainage easements have now been, or are in the process of being obtained. 3. The City has no plans to purchase for property for open space. 4. The proposed street does not meet the criteria for a collector. Seconded by Councilmember Zappa. Ayes - all. 9. Mayor Anderson moved that the street vacation shall not be recorded until the final plat is approved and introduced the followinc resolution and moved its adoption; (Street Vacation). 90 -3 -39 WHEREAS, Roar Development initiated proceedings to vacate the public interest in the following- described property: Sterling Street from the north to the south property line. 16 3 -12 -90 WHEREAS, the following adjacent properties are affected: Outlot A of Highwood Estates ; (Parcel 13- 29 -22 -42 -0040) and subject to road, except the north 552.1 feet of the following: Part westerly of center line of said road of Northwest 1/4 of Southeast 1/4 and part east of Pleasant View Park north of the Northeast 1/4 of Southwest 1/4 of Section 13, Township 28, Range 22 (Parcel 13- 29- 22- 31- 0064). WHEREAS, the procedural history of this vacation is as follows: 1. A majority of the owners of property abutting said street right -of -way have signed a petition for this vacation; 2. This vacation was reviewed by the Planning Commission on February 20, 1990. The Planning Commission recommended to the City Council that this vacation be approved. 3. The City Council held a public hearing on March 12, 1990, to consider this vacation. Notice thereof was published and mailed pursuant to law. All persons present at this 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. WHEREAS, upon vacation of the above- described street right -of- way public interest in the property will accrue to the following - described abutting properties: Outlot A of Highwood Estates (parcel 13- 28 -22 -42 -0040) and subject to Road; except the North 552.1 feet of the following: Part westerly of center line of said road of Northwest 1/4 of Southeast 1/4 and part east of Pleasant View Park north of the Northeast 1/4 of Section 13, Township 28, Range 22 (Parcel 13- 28- 22 -31- 0064). NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that it is in the public interest to grant the above- described vacation on the basis of the following findings of fact: 1. Sterling Street between the proposed vacation and Highwood Avenue has already been vacated. 2. Sterling Street should be aligned to coincide with Sterling Street north of Highwood Avenue. 17 3 -12 -90 3. The proposed alignment will allow for the rear yards of the single - dwelling lots to be along the pipeline. This is preferable to having the street near or on the pipeline as it minimizes the potential for a leak to enter the storm sewer or flow along the street. Seconded by Councilmember Zappa. 10. (c) Pipeline Setback Reduction. Deleted from Agenda. 11. Councilmember Zappa moved to table Items F -5• d e and f until April 9 1990. 12. Attorney Daubney stated his clients, Roar Development, will formally waive the 120 -day deadline for plats and will extend the deadline. 6. 9:00 P.M., Holloway, Project 84 -14 Improvements: Beebe Road to Furness a. Cooperative Agreement 1. Mayor Anderson convened the meeting for a public hearing regarding the proposal to enter into a cooperative agreement with North St. Paul to construct Holloway Avenue from Beebe Road to Furness Street. 2. Manager McGuire presented the Staff report. 3. Director of Public Works Haider presented the specifics of the proposal. He further stated that this project had previously been approved on November 28, 1988. A public hearing was held July 18, 1988 denying the vacating of Holloway. 4. Mayor Anderson called for proponents. The following were heard: Mr. Bob Engwer, owner of property abutting the proposed project. S. Mayor Anderson called for opponents. The following were heard: Bill Hahn, 2234 E. Holloway, presented a petition signed by area residents Clyde C. Gillespie, 11I, 2180 Holloway Kathy Sagisser, 2251 E. Holloway Mike Medius, 2189 E. Holloway Mr. Westbrook, 1900 Furness Linda Mehle, 2218 Holloway Linda Ahlgren, 1906 Holloway Greg Bingham, 2213 Holloway 18 3 -12 -90 Council noted that the above area residents opposing the proposal did not abut the property directly. 6. Mayor Anderson closed the public hearing. 7. Councilmember Zappa moved to table this item until the April 9 1990 meeting and instructed staff to obtain information from North St Paul as to what action they had taken and to ask for a copy of the minutes to see who attended the public hearing Seconded by Councilmember Juker. Ayes - Councilmembers Juker, Rosebach and Zappa Nays - Mayor Anderson, Councilmember Bastian. Mayor Anderson moved to waive the Rules of Procedures and extend the meeting until the end of the Agenda. Seconded by councilmember Rossbach. Ayes - all. Z. NEW BUSINESS (Continued) 1. Conditional use Permit Application - SHY Partnership (4 Votes) a. Manager McGuire presented the Staff report. b. Councilmember Zappa stated that because of his opposition, as a private citizen, to the proposal when it was first heard, he feels he should abstain. c. City Attorney Hannigan read a letter from the BBY's Attorney, Christopher J. Dietzen, stating they will not be submitting any additional evidence or materials at this meeting. d. Mayor Anderson moved to deny the application of BBY Partnership for a conditional use nermit to construct 426 apartment units on Gervais Avenue on the basis that there does not seem to be any purpose served by rehearing this application - there have been no changes in the agpl nt's proposal the surrounding neighborhood or City ordinances. Seconded by Councilmember Bastian.Ayes - Mayor Anderson, Councilmembers Juker, Bastian and Rossbach. Councilmember Zappa abstained. 6. City Hall Update a. Director of Public Works Haider presented the staff report. b. Mayor Anderson introduced the following resolution and moved its adoption: 19 3 -12 -90 90 -3 -40 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered Project 89 -16, City Hall Addition, and has entered into a construction contract, and WHEREAS, it is now necessary and expedient that said contract, in the amount of $1,058,298.66, be modified and designated as Project 89 -16 Change order 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the Mayor and City Clerk are hereby authorized and directed to modify the existing contract by executing said Change Order 2 in the amount of $3651. The city hall addition, Fund 405- 000 - 000 -4751, is hereby increased 3651 by a transfer from the general fund contingency account. Seconded by Councilmember Zappa. Ayes - all. c. Council instructed Staff to negotiate Change Order No. 3 with the Architects. J. VISITOR PRESENTATIONS 1. Larry Lyles - Marks Nature Haven Council stated this item is on the Council Presentations. E. COUNCIL PRESENTATIONS 1. Marks Nature Haven a. Councilmember Rossbach moved to reconsider the motion regarding Mark's Nature Haven and Place the reconsideration on the next agenda. Seconded by Mayor Anderson. Ayes - all. 2. Lillie's Newspaper a. Councilmember Zappa moved to instruct Staff to cooperate with the newspaper, send in articles, and also investigate installing a "drop box" at City Hall for better communications between citizens. City hall and the newspapers. Seconded by councilmember Rosebach. Ayes - Councilmembers Bastian, Rossbach and Zappa Kaye - Mayor Anderson, Councilmember Juker. 20 3 -12 -90 3. Prevailing Wage a. Councilmember Bastian moved that a proposed ordinance regarding prevailing wages be placed on next acenda. Seconded by councilmember Zappa. Ayes - all. 4. History of Maplewood a. Mayor Anderson questioned how the "History of Maplewood" is progressing. b. Staff stated a Committee is being formed and a report plus a request for money will be submitted. S. Water Problems a. Mayor Anderson invited the Council to view the property at 379 Lark; everything drains into the two lots there. b. Staff is aware of the problem. 6. Parks a. Councilmember Juker stated she is receiving calls regarding if and when Hillside Park will be developed. b. Staff stated three options have been formulated and a first plan will be a combination of the three plans. A!Nf! ac- y;i{iit None. M ADJOURNMENT OF THE MARCH 12 1990 MEETING 11:40 P.M. City Clerk 21 3 -12 -90 MAPLEWOOD CITY COUNCIL SPECIAL MEETING 6:00 p.m., Monday, March 19, 1990 CONFERENCE ROOM B - MUNICIPAL BUILDING A. CALL TO ORDER A special meeting of the City Council of Maplewood, Minnesota was held in Conference Room B, Municipal Building. The meeting was called to order by Mayor Anderson at 6:03 p.m. B. ROLL CALL Mayor Norman G. Anderson Present Councilmember Gary Bastian Present Councilmember Frances Juker Present Councilmember George Rossbach Absent Councilmember Joseph Zappa Present Staff Present Michael McGuire, City Manager Kenneth Collins, Director of Public Safety Gretchen Maglich, Acting Staff Services Coordinator C. APPROVAL OF AGENDA City Manager McGuire announced that a Closed Session would be conducted at the end of the regular meeting to discuss personnel matters concerning the Metro Supervisory Association and the Law Enforcement Labor Services, Inc. (L.E.L.S.) Arbitration Decision and Award. The agenda was approved as amended. D. NEW BUSINESS 1. Police Operations Study Report: City Manager McGuire summarized the purpose of the Police Operations Study and introduced Mr. Steve Lloyd, the consultant's representative. Mr. Lloyd stated that the study's purpose was to observe the Police Department and evaluate its operations. The shortcomings which are documented should not overshadow the many positive aspects of the City's outstanding and professional department and the service it provides. Mr. Lloyd was complimentary of the Department's willing participation. Mr. Lloyd reviewed each of the first six chapters and the related recommendations. Chapter Seven was described as an implementation plan for the study's recommendations. r Following considerable discussion about the study, Councilmember Zappa moved that: City Manager McGuire 1) meet with Chief Ken Collins to review the study in detail, 2) meet with the three employee groups in the Police Department (clerical, patrol, Sergeants and Captains) to review the study, 3) meet with the City's Civil Service Commission about the study, and 4) establish a draft Action Plan for the City Council which prioritizes the recommendations; and by the first part of April, each City Councilmember is responsible to identify ten recommendations which they feel are the most significant. The motion was seconded by Councilmember Bastian and was unanimously approved. E. OTHER BUSINESS Mayor Anderson moved that the City Council enter Closed Session. It was seconded by Councilmember Zappa, and unanimously approved. At 8:41 p.m. the City Council entered into Closed Session to discuss current labor negotiations and an arbitration decision and award. F. ADJOURN The City Council came back to regular session, and upon motion by Councilmember Bastian, second by Councilmember Zappa, the meeting was adjourned at 9:03 p.m.