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HomeMy WebLinkAbout11.05.81MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Thursday, November 5, -1981 Council Chambers, Municipal Building Meeting No. 81 -28 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers and was called to order at 7:05 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilman Present Gary W. Bastian, Councilman Present Frances L. Juker, Councilperson Present Earl L. Nelson, Councilman Present C. APPROVAL OF MINUTES 1. Minutes No. 81 -15 (July 16, 1981) Councilman Bastian moved that the Minutes of Meeting No. 81 -15 (July 16, 1981 approved as corrected: Page 27 — Item J -1c Add: "and that the monies be placed in the road fund ". Seconded by Councilperson Joker. Ayes — all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. House Numbers 2. Election Date Change 3. Ordinances 4. Highwood and McKnight Intersection 5. Liquor: Establish Sunday Hours 6. Maple Knolls — Construction Review 7. Breakfast Meeting November 19, 1981 Seconded by Councilperson Juker. Ayes — all. E. CONSENT AGENDA Council removed Item 6 from the Consent Agenda to become Item J -8. Mayor Greavu moved, seconded by Councilman Bastian, Ayes all, to approve the Consent Agenda Items 1 through 5 and 7 as recommended. 1. Accounts Payable Approved the accounts (Part I — Fees, Services, Expenses: Check No. 006386 through Check No. 006472 — $209,579.66; Check No. 011426 through Check No. 011617 — $135,742.86: Part II — Payroll, Check No. 03105 through Check No. 03235 — $53,029.68) in the amount of $398,352.20. — 1 — 11/5 2. Court Lease Approved the increase of 4.1% from $6.32 to $6.58 per square foot for the Ramsey County Court lease and authorized execution of a lease agreement for 1982. 3. 3.2 Liquor License: Pizza Time Theatre Approved a 3.2 non - intoxicating beer license for Allen Dean Edwards, Pizza Time Theatre, 2950 White Bear Avenue for 1982. 4. Construction Easement Payment: Macalus Authorized the payment of $4,750.00 to Fred J. and Frank J. Macalus for acquisition of 2,912 square feet for permanent easement for underground utilities for Project 78 -24. 5. Budget Transfer: Police Equipment Authorized the budget transfer from Account 101 -121 -4520 to account 101- 121 -4480 in the amount of $3,500 for computer system software and installation. 6. See Item J -8. 7. Donation: Trinity Baptist Church Accepted the donation of $225 from Trinity Baptist Church, 2220 Edgerton Street and that a letter of appreciation be forwarded. -E -A I AWARD PRESENTATION: MINNESOTA CHIEFS OF POLICE ASSOCIATION 1. Deputy Chief Hagen introduced Dean O'Borsky, Chief of Police of Hutchison, Minn- esota and President of the Minnesota Chiefs of Police Association and James Crawford, Director of Public Safety and Police Chief of Golden Valley, . Minnesota. Chief Crawford stated the Chiefs Association has instituted a Richard W. Schaller Award to be given annually to the outstanding Chief of Police. Chief Richard Schaller is the first recipient of the award. 2. Chief O'Borsky presented Director of Public Safety and Police Chief Richard W. Schaller with the award. 3. Law enforcement officers from various areas of Minnesota attended the presentation. E -A -2. COMMUNITY DESIGN REVIEW BOARD APPOINTMENT 1. Mr. Dean Hedlund, 2424 Keller Parkway introduced himself to the Council and stated his reasons for wishing to serve on the Community Design Review Board. 2. Councilman Bastian moved to Review Board to fill a vacancy joint Mr. D can Hedlund to the Communi a two year term ending J Seconded by Councilman Anderson. Ayes - all. F. PUBLIC HEARINGS 1. Kennel License - 1595 E. Sandhurst Drive - 7:00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request - 2 - 11/5 of Louis Lee, 1595 E. Sandhurst Drive for akennel license to house four (4) dogs. The Clerk stated the hearing notice was found to be in order and noted the .dates of publication. b. Manager Evans presented the staff report. C. Mr. Louis Lee, 1595 E. Sandhurst Drive, the applicant, spoke on behalf of his request. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. I. Mayor Greavu closed the public hearing. g. Councilman Bastian moved to approve the kennel license requested by Louis Lee at 1595 E.Sandhurst Drive to house four (4) dogs for a one year period subject to the license being reviewed after 6 months (May 5, 1981) and that if at any time a violation occurs, it be brought to the Council's attention. Seconded by Mayor Greavu. Ayes — Mayor Greavu, Councilmen Anderson, Bastian and Nelson. Nay — Councilperson Juker. 2. Revenue Note: Maple Ridge Mall — 7:15 P.M. a. Mayor Greavu convened the meeting for aipublic hearing regarding the request of Maple Ridge Mall for an Industrial Revenue Note in the amount of $5,500,000 to construct a 120,000 square foot shopping center located on the northwest corner of Gervais and White Bear Avenue. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. C. Mr. Jack Bently, President JSB Realty, representing the Maple Ridge Mall, spoke on behalf of the proposal.. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. I. Mayor Greavu closed the public hearing. g. Mayor Greavu introduced the following resolution and moved its adoption: 81 — 11 — 214 - RESOLUTION RECITING A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENtT`:PROJECT GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER OF SECURITIES OF THE STATE OF MINNESOTA — 3 -- 11/5 AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMEMTS AND MATERIALS IN CONNECTION WITH SAID PROJECT WHEREAS, (a) The purpose of Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial Development Act (the "Act ") as found and determined by the legislature is to promote the welfare of the state by the active attraction and encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; (b) Factors necessitating the active promotion and development of economically sound industry and commerce are the increasing concentration of population in the metropolitan areas and the rapidly rising increase in the amount and cost of govern- mental services required to meet the needs of the increased population and the need for development of land use which will provide an adequate tax base to finance these increased costs and access to employment opportunities for such population; (c) The City Council of the City of Maplewood ( "the City ") has received from J.S.B. Realty and Development Company a proposal that the City assist in financing a Project hereinafter described, through the issuance of Revenue Bond or Bonds or a Revenue Note or Notes hereinafter referred to in this resolution as "Revenue Bonds" pursuant to the Act; - (d) The City desires to facilitate the selective development of the community, retain and improve the tax base and help to provide the range of services and employment opportunities required by the population; and the Project will assist the City in achieving those objectives. The Project will help to increase assessed valuation of the City and help maintain a positive relationship between assessed valuation and debt and enhance the image and reputation of the community; (e) The Project to be financed by the RevenueeBonds is a shoppiig.:centerfacility to be located in the City and possibly leased to various parties and consists of the acquisition of land and the construction of buildings and improvements thereon and the installation of equipment therein, and will result in the employment of 100 full time persons and 50 part time persons -to work Uthin the new facilities; (f) The City has been advised by representatives of Company that conventional, commercial financing to pay the capital cost 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 Company has also advised this Council that with the aid of municipal financing, and its resulting low borrowing cost, the Project is economically more feasible; (g) Pursuant to a resolution of the City Council adopted October 1, 1951, a public he -ar ngon the Project was held on November 15, 1951, after notice was pub- lished, and materials made available for public inspection at the City Hall, all as required by Minnesota Statutes, Section 474.01, Subdivision 7b at which public hearing all those appearing who so desired to speak were heard; (h) No public official of the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: — 4 — 11/5 1. The Council hereby gives preliminary approval to the proposal of Company that the City undertake the Project pursuant to the Minnesota Municipal Industrial Development Act (Chapter 474, Minnesota Statutes), consisting of the acquisition, construction and equipping of facilities within the City pursuant to Company's specif- ications suitable for the operations described above and to a revenue agreement between the City and Company upon such terms and conditions with provisions for revision from time to time as necessary, so as to produce income and revenues suffic- ient to pay, when due, the principal of and interest on the Revenue Bonds in the total principal amount of approximately $5,500,000 to be issued pursuant to the Act to finance the acquisition, construction and :equipping of the Project; and said agreement may also provide for the entire interest of Company therein to be mortgaged to the purchaser 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 Council it appears, and the Council hereby finds, that the Project constitutes properties, real and personal, used or useful in connection with one or more revenue producing enterprises engaged in any business within the meaning of Subdivision la of Section 474.02 of the Act; that the Project furthers the purposes stated in Section 474.01, Minnesota Statutes; that the availability of the financing under the Act and willingness of the City to furnish such financing will be a substantial inducement to Company to undertake the Project, and that the effect of the Project, if undertaken, will be to encourage the development of economically sound industry and 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 the tax base and to provide the range of service and employment opportunities required by the population, to help prevent the movement of talented and educated persons out of the state and to areas within the State where their services may not be as effectively used, to promote more intensive devel- opment and use of land within the City and eventually to increase the tax base of the community; 3. The Project is hereby given preliminary approval by the City subject to the approval of the Project by the Commissioner of Securities, and subject to final approval by this Council, Company, and the purchaser of the Revenue Bonds as to the ultimate details of the financing of the Project; 4. In accordance with Subdivision 7a of Section 474.01 Minnesota Statutes, the Mayor of the City is hereby authorized and directed to submit the proposal for the Project to the Commissioner of Securities and Real Estate, requesting her approval, and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with such preliminary information as she may require; 5. Company has agreed and it is hereby determined that any and all costs in- curred by the City in connection with the financing of the Project whether or not the Project is carried to completion and whether or not approved by the Commissioner will be paid by Company; 6. Briggs and Morgan, Professional Association, acting as bond counsel, and First Corporate Services, Inc., are authorized to assist in the preparation and review of necessary documents relating to the Project, to consult with the City Attorney, Company and the purchaser of the Revenue Bonds as to the maturities, in- terest 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 doc- uments to the Council for final approval; 7. Nothing in this resolution or in the documents prepared pursuant hereto — 5 — 11/5 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 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, is 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 the Commissioner of Securities and Real Estate and the issuance of the Revenue Bonds to finance all or aportion of the Project, and in order that completion of the Project will not be unduly delayed when approved, Company is hereby authorized to make such expenditures and advances toward payment of that portion of the costs of the Project to be financed from the proceeds of the Revenue Bonds as 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. Seconded by Councilman Nelson. Ayes — Mayor Greavu, Councilmen Anderson and Nelson. Nays — Councilperson Joker and Councilman Bastian. 3. Revenue Note: Maplewood Dental Specialties — 7:30 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Maplewood Dental Specialties for a Municipal Industrial Revenue Note for $800,000.00 to acquire land and construct and equip a 9,000 square foot dental clinic. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. C. Mr. Dick Nordlund, representing the applicant, spoke on behalf of the proposal. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. I. Mayor Greavu closed the public hearing. g. Councilman Nelson introduced the following resolution and moved its adoption: 81 — 11 — 215 RESOLUTION RECITING A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT TO THE — 6 — 11/5 COMMISSIONER OF SECURITIES OF THE STATE OF MINNESOTA AND AUTHORIZING THE PREPARATION OF _ NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH SAID PROJECT. WHEREAS, (a) The purpose of Chapter Municipal Industrial Development legislature is to promote the we encouragement and development of so far as possible the emergence unemployment; 474, Minnesota Statutes, known as the Minnesota Act (the "Act ") as found and determined by the lfare of the state by the active attraction and economically sound industry and commerce to prevent of blighted and marginal lands and areas of chronic (b) Factors necessitating the active promotion and development of economically sound industry and commerce are the increasing cgrcentrationof population in the metropolitan governmental services required to meet the needs of the iccreased pop- ulation and the need for development of land use which will provide an adequate tax base to finance these increased costs and access to employment opportunities for such population; (c). The City Council of the City of Maplewood ( "the City ") has received from Maplewood Dental Specialties, a Minnesota general partnership (the "Company ") a proposal that through the issuance fo a Revenue Bond or Bonds or a. Revenue Note or Notes hereinafter referred to in this resolution as "Revenue Bonds" pursuant to the Act; (d) The City desires to facilitate the selective development of the community, retain and improve the tax base and help to provide the range of services and employ- . ment opportunities required by the population; and the Project will assist the City in achieving those objectives.. The Project will help to increase assessed valuation of the City and help maintain a positive relationship between assessed valuation and debt and enhance the image and reputation of the community; (e) Company is currently engaged in the business of providing dental services. The Project to be financed by the Revenue Bonds is a dental clinic facility to be located in the City and possibly leased to various parties and consists of the acquisition of land and the construction of buildings and improvements thereon and the installation of equipment therein, and will result in the employment of 25 addit- ional persons to work within the new facilities; (f) The City has been advised by representatives of Company that conventional, commercial financing to pay the capital cost 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 Company has also advised this Council that with the aid of municipal financing, and its resulting low borrowing cost, the Project is economically more feasible; (g) Pursuant to a resolution of the City Council adopted on October 1, 1981, a public hearing on the Project was held on November 5, 1981, after notice was pub- lished, and materials made available for public inspection at the City Hall, all as required by Minnesota Statutes, Section 474.01, Subdivision 7b at which public hearing all those appearing who so desired to speak were heard; (h) No public official of the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project. 7 — 11/5 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. The Council hereby gives preliminary approval to the proposal of Company that the City undertake the Project pursuant to the Minnesota Municipal Industrial Development Act (Chapter 474, Minnesota Statutes), consisting of the acquisition, construction and equipping of facilites within the City pursuant to Company's spec- ifications suitable for the operations described above and to a revenue agreement between the City and Company upon such terms and conditions with provisions for revision from time to time as necessary, so as to produce income and revenues suffic- ient to pay, when due, the principal of and interst on the Revenue Bonds in the total principal amount of approximately $800,000 to be issued pursuant to the Act to finance the acquisition, construction and equipping of the Project; and said agreement may also provide for the entire interest of Company therein to be mortgaged to the purchaser 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 Council it appears, and the Council hereby finds, that the Project constitutes properties, real and personal, used or useful in connection with one or more revenue producing enterprises engaged in any business within the meaning of Subdivision la of Section 474.02 of the Act; that the Project furthers the purposes stated in Section 474.01, Minnesota Statutes; that the availability of the financing under the Act and willingness of the City to furnish such financing will be ,a substantial inducement to Company to undertake the Project, and that the effect of the Project, if undertaken, will be to encourage the development of economically sound industry and commerce, to assist in the pre- vention of the emergence of blighted and marginal land, to help prevent chronic unemployment, to help the City retain and improve the tax base and to provide the range of service and employment opportunities required by the population, to help prevent the movement of talented and educated persons out of the state and to areas within the State where their services may not be as effectively used, to promote more intensive development and use of land within the City and eventually to increase the tax base of the community; 3. The Project is hereby given preliminary approval by the City subject to the approval of the Project by the Commissioner of Securities, and subject to final approval by this Council, Company, and the purchaser of the Revenue Bonds as to the ultimate details of the financing of the Project; 4. In accordance with Subdivision 7a of Section 474.01 Minnesota Statutes, the Mayor of the City is hereby authorized and directed to submit the proposal for the Project to the Commissioner of Securities and Real Estate, requesting her approval, and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with such preliminary information as she may require; 5. Company has agreed and it is hereby determined that any all costs incurred by the City in connection with the financing of the Project whether or not the Project is carried to completion and whether or not approved by the Commissioner will be paid by Company; 6. Briggs and Morgan, Professional Association, acting as bond counsel, and First Corporate Services, Inc., are authorized to assist in the preparation and review of necessary documents relating to the Project, to consult with the City Attorney, Company and the purchaser of the Revenue Bonds as to the maturities, inter - est 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 Council for final approval; — 8 — 11/5 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 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, is 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 the Commissioner of Securities and Real Estate 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, 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 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. Seconded by Mayor Greavu. Ayes - all. 4. Code Amendment: Minimum Floor Area 7:45 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding an amendment to establish less restrictive minimum floor area requirements for detached single family dwellings. The Clerk stated the hearing notice was found to be in order and noted the dates of publication. b. Manager Evans presented the staff report. C. Director of Community Services Olson presented the Planning Commission recommendation: "Commissioner Prew moved the Planning Commission recommend to the City Council amending Section 904.010 (6) as follows: (6) Minimum Floor Area Requirements a. The floor area of any detached single family dwelling, hereafter erected, shall not be less than the following: 1. A one - story dwelling; 864 square feet 2. A tri -level dwelling; 975 square feet 3. Bi -Level and 1 1/2 story dwellings: 1008 square feet 4. A two -story dwelling: 1056 square feet. b. Room size and number shall be consistent with the Uniform Building Code standards. Also, amend Section 916.010 to include the following new subsections: - 9 - 11/5 (20) Single — family detached residence types are defined as follows: a. One —story residence — single floor level, usually at grade level. b. One and one —half story residence — two floor levels; one at grade and one above grade, which does not have full ceiling height for the entire above —grade level. C. Two —story residence — two floor levels; one at grade and one above grade, both with full ceiling height. d. Three —story residence — three floor levels; one at grade and two above grade, all with full ceiling height. e. Tri —level residence — three floor levels; usually one four feet below grade, one at grade, and one four feet above grade, all with full ceiling height. f. Bi —level residence — two floor levels; usually one four feet below grade, one four feet above grade, both with full ceiling height. May be on sloping lot with lower level partially exposed. (21) Floor area for single — family detached dwellings shall be calculated as follows: a. The total floor area of habitable levels at or above grade which have full ceiling height b. One —half the floor area of habitable levels partially below grade with full ceiling height. (22) Habitable floor area— as defined by the Uniform Building Code. (23) Grade — as defined by the Uniform Building Code. Commissioner Pellish seconded. Commissioner Fischer moved an amendment to change the minimum square feet for a one —story dwelling to 800 square feet. Commissioner Hejny seconded Ayes — 5 Nays — 3 (Commissioners Whitcomb, Pellish, Kishel) Voting on the motion as amended: Ayes — 7 Nays — 1(Commissioner Fischer)" d. Commissioner Lorraine Fischer presented the following Human Relations Com- mission recommendation: "Motion was moved by Commissioner Bryant, seconded by Commissioner Fischer, to establish the Uniform Building Code as a standard for the minimum floor area of single family detached dwellings. (Motion carried unanimously) Motion was moved by Commissioner Bryant, seconded by Commissioner Fischer, — 10 — 11/5 that in the event the Planning Commission or City Council consider the Uniform Building Code floor area requirements to be too low, that 800 square feet should be established as a minimum floor area for all sytles of single family detached dwellings. (Motion carried unanimously) e. The following persons expressed their opinions regarding the proposal: Mrs. Maria Larsen, Human Relations Commissions, in favor; Mr. Ed O'Mara, 1786 Maryknoll Avenue, opposed. f. Councilman Bastian moved to table the hearing until the meeting of November 19, 1981. Seconded by Councilman Anderson. Ayes — all. 5. Beam Avenue a. Rezoning — Council — 8:00 P.M. 1. Mayor Greavu convened the meeting for a public hearing regarding the proposal to rezone the property of Voya Piletich from F, Farm Residence to RE, Residential Estate. The property is located on the north side of Beam Avenue, west of Maplewood Drive. The Clerk stated the hearing notice was in order and noted the dates of publication. 2. Manager Evans presented the staff report. 3. Commissioner Lorraine Fischer presented the following Planning Com- mission recommendation: "Commissioner Fischer moved the Planning Commission recommend that the City Council deny the rezoning from F, Farm Residence to RE, Residential Estate, on the basis that: 1. The intent of the RE district is not met. 2. The RE district would reduce the number of homes and may raise their cost. 3. The RE district would not significantly reduce final slopes or preserve natural features. 4. The guidelines of the State model shoreland ordinance should be used to determine lot areas. Commissioner Ellefson seconded. Ayes — 8 Nays — 1 (Commissioner Howard)" 4. Mr. Peter Beck, attorney representing Voya Piletich, spoke against the proposal. 5. Mayor Greavu called for proponents and opponents. The following were heard and voiced their opinions: Mrs. Marilyn Vars, 1140 Beam Avenue (in favor) - Mr. Mike Roy, 1200 Beam Avenue (in favor) Mr. Talmadge Carey, 1174 E. County Road D (in favor) Mr. Clarence Etter, 1498 Margaret (owner of property in the area) asked questions — 11 — 11/5 6. Mayor Greavu closed the public hearing. 7. Councilman Anderson moved to on Beam Avenue from F, Farm Resi square feet per lot. rove the rezoni e, to RE, Resid of Piletich proper ial Estate, 20,000 Seconded by Councilperson Juker. Councilperson Juker withdrew her second. Councilman Anderson withdrew his motion. 8. Councilman Bastian moved to table this matter until the meeting of December 3. 1981. Seconded by Councilperson Juker. Ayes — all. Council directed staff to prepare a public hearing to rezone the property as discussed from F, Farm Residence and M -1, Light Manufacturing, to RE 20 Residential Estate. b. Special Use Permit — Mining 1. Mayor Greavu convened the meeting for a public hearing regarding the request for a special use permit to excavate 40,000 cubic yards of sand and gravel from the site on the north side of Beam Avenue, west of Maplewood Drive. The Clerk stated the hearing notice was found to be in order and noted the dates of publication. 2. Manager Evans presented the staff report. 3. Commissioner Lorraine Fischer presented the Planning Commission recom- mendation. - 4. Mr. Peter Beck, attorney representing Voya Piletich, spoke on behalf of the proposal. 5. Mayor Greavu called for proponents and opponents. The following were heard and voiced their concerns: Mrs. Rose Manke, 1210 Beam Avenue Mrs. Marilyn Vars,. 1140 Beam Avenue 6. Mayor Greavu closed the public hearing. 7. Councilman Nelson moved to approve the Special Use Permit for a mining permit to excavate 40,000 cubic yards of sand and gravel from the Voya Piletich site located north of Beam Avenue, west of Maplewood Drive subject to it ions: 1. Adherence to the requirements and standards set forth in Section 917 (Mineral Extraction) of the City Code; 2. County Road D be used exclusively for access to the subject site; 3. In accordance with Section 917.060 (4), annual mineral extraction permits must be obtained from the Director of Public Works. A plan for each year's operation shall be approved by the City Engineer. Annual permits shall designate the area, total acreage to be excavated, and quantity of material to be removed. — 12 — 11/5 4. All excavation shall be in accordance with each year's approved plan. No deviations shall be allowed without prior approval from the Director of Public Works. 5. There shall be no explosive detonations of any kind on the site. 6. A suitable structure or method of operation must be employed to remove excess dirt from truck bodies and tires prior to exiting onto a public right —of —way. 7. A variance be granted allowing operation beyond the 30 foot zone estab- lished in Section 917.070 (2D) of City Code. If the variance is not granted, grading operations must comply with the above Code by easing 30 feet from property lines while maintaining a 5:1 slope. 8. The permit holder is responsible for acquiring any permits from other agencies. 9. All grading shall be accordance with the approved grading plan for Beam Lakeside. 10. Grading of the entire site be completed before any material is removed. The Beam Lakeside Addition preliminary plat shall be the basis for the grading plan. This condition may be waived by the Director of Public Works if engineering data shows excess material on the site. 11. The permit holder is responsible for mulching the soil to prevent run off. 12. There shall be no work done on Sunday. Seconded by Mayor Greavu. Ayes — Mayor Greavu, Councilman Anderson, Bastian and Nelson. Nays — Councilperson Juker. Mayor Greavu recessed the meeting at 9:57 to convene as the Board of Appeals and Adjustments. Mayor Greavu reconvened the meeting at 10:05 P.M. d. Preliminary Plat: Beam Lakeside Addition 1. Mayor Greavu convened the meeting for a public hearing regarding a request of Voya Piletich for approval of the Beam Lakeside Addition Prelim- inary Plat for 91 lots. The Clerk stated the hearing notice was in order and noted the dates of publication. 2. Councilman Anderson moved to table this item until December 3, 1981 meeting. Seconded by Councilperson Juker. Ayes — all. 3. Councilman Bastian moved to reconsider the previous motion and proceed with the hearing. Seconded by Councilman Anderson. Ayes — all. 4. Manager Evans presented the staff report. 5. Commissioner Lorraine Fischer presented the following Planning Com- mission recommendation: "Commissioner Pellish moved that as the applicant presented at this meeting a revision to the plat which did not include lot sizes, readable topos and the fact that staff has not had an opportunity to review the plat and submit comments to the Commission, the plat be tabled. — 13 — 11/5 Commissioner Fischer seconded. Ayes all." 6. Mr. Peter Beck, attorney representing Voya Piletich, spoke on behalf of the proposal. 7. Mr. .Jim DeBenedict, engineering consultant for Voya Piletich, also spoke on behalf of the proposal. Councilman Anderson moved to past the dead line. Seconded by Counclperson Joker. the Rules of Procedures to extend the Ayes — all. 8. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following expressed their concerns: Mr. Gerald Mogren, 2855 Frederick Patrick Keene, 1190 Beam Avenue. 9. Councilperson Juker moved to table this item until the meeting of Dec- ember 3, 1981. Seconded by Councilman Anderson e. Street Vacation Ayes — Councilperson Juker, Council- men Anderson and Nelson. Nays — Mayor Greavu and Councilman Bastian. 1. Councilperson Juker moved to table this hearing until the meeting of December 3, 1981. Seconded by Councilman Anderson. Ayes — all.- H. UNFINISHED BUSINESS 1. Assessment: Valley Branch Watershed a. Manager Evans presented the staff report. b. Mayor Greavu moved to deny payment of the bill of $268.37 to the Valley Branch Watershed District. Seconded by Councilperson Juker 2. Cable TV — Joint Powers Agreement Ayes — Mayor Greavu, Councilperson Juker, Councilmen Anderson and Nelson. Nays — Councilman Bastian. a. Councilman Anderson moved to table this item to the end of the agenda. Seconded by Councilperson Juker. Ayes — all. 5. Junction Street Storm Sewer a. Director of Public Works Haider presented the staff report. — 14 — 11/5 b. Councilman Anderson moved to instruct the Director of Public Works to in- vestigate the water problem on Junction Street for the most inexpensive way to solve the problem and if it necessitates lowering the street that the cost be divided 50/ for the City and 50% for the residents involved. Seconded by Mayor Greavu. Ayes — Mayor Greavu, Councilmen Anderson and Nelson. Nays — Councilperson Juker and Councilman Bastian. J. NEW BUSINESS 4. Special Exception: Circus — Maplewood Mall a. Manager Evans presented the staff report. b. Commissioner Lorraine Fischer presented the following Planning Commission recommendation: "Commissioner Ellefson moved the Planning Commission recommend to the City Council . approval of a special exception for the Circus since the use does not appear that it would be objectionable to adjacent business. Approval is subject to: 1. Any exterior signage shall be approved by the Community Design Review Board. 2. The applicant shall provide written approval from Homart Development. 3. All required licenses for operation shall be obtained from the City. 4. This permit may be renewed after one year of operation provided there have been no problems caused by the facility. 5. The bumper cars must be equiped with safety devices to guard users from possible injury.. 6. Adequate policing must be provided to assure order, as determined by the Public Safety Department. 7. Bike racks and exterior lighting to be installed as required by the Public Safety department. 8. Applicant should be aware of and enforce Maplewood curfew regulations. Commissioner Fischer seconded. Commissioner Howard moved an amendment to add the following condition: 9. The owner and applicant shall agree to the above conditions in writing. Chairman Axdahl seconded. Ayes — all. Voting on the motion as amended: Ayes all." C. Mr. Daniel Heilicher, representing the CircM,s Center, spoke on behalf of the proposal. d. Mayor Greavu moved to approve the special exception for the Circus Center to operate coin operated games and amusements as part of a restaurant at the — 15 — 11/5 Maplewood Mall subject to the following conditions: L.. Any exterior signage shall be approved by the Community Design Review Board. 2. The applicant shall provide written approval from Homart Development. 3. All required licenses for operation shall be obtained from the City. 4. This permit may be renewed after one year of operation provided there have been no problems caused by the facility. 5. The bumper cars must be equiped with safety devices to guard users from possible injury. 6. Adequate policing must be provided to assure order, as determined by the Public Safety department. 7. Bike racks and exterior lighting to be installed as required by the Public Safety Department. 8. Applicant should be aware of and enforce Maplewood curfew regulations. 9. Owner and applicant shall agree to the above conditions in writing. Seconded by Councilman Anderson. Ayes — all. I. VISITOR PRESENTATIONS 1. Voya Piletich a. Mr. Piletich stated he has sold his present home and would like to have Council approval to build a home on the property to the south. He stated one of the conditions of a previous lot split was that he had to receive Council approval to build and to meet certain conditions. b. Council directed that this request be placed on the November 19, 1981 meeting. J. NEW BUSINESS (continued) 5. Subdivision Ordinance Revision a. Councilman Bastian moved to table this item to the November 19, 1981 meet Seconded by Councilperson Juker. Ayes — all. H. UNFINISHED BUSINESS (Continued) 3. Battle Creek Master Plan a. Manager Evans presented a letter from Ramsey County Parks and Recreation Department regarding the Battle Creek Master Plan. b. Mr. Larry Holmberg, Project Engineer, Ramsey County, explained the specifics of the proposal. C. Mayor Greavu moved that Maplewood accept the Battle Creek Master Plan, but reserve the right to object to the development within the City and that the Metropolitan Council fund the cost tor street, tire and police protec ion and anvthin2 else that would cost t e citizens o ap ewoo . — 16 — 11/5 Seconded by Councilman Bastian.- Ayes - all -. J. NEW BUSINESS (continued) 7. 1981 General Election Returns a. Councilman Nelson introduced the following resolution and moved its adoption: 81 - 11 - 216 RESOLVED THAT THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, RAMSEY COUNTY, MINNESOTA, acting as a canvassing board on November 5, 1981, hereby certifies the following results of the November 3, 1981 City General Election for Mayor and Councilman: MAYOR: John C. Greavu 1224 George Morrison 471 Wayne Dunshee 1 Lorraine Fischer 1 Jean Myers 1 Gary W. Bastian 1 COUNCILMAN (Two Elected) Norman G. Anderson 1246 MaryLee Maida 821 Earl L. Nelson 737 Leota Oswald 447 Seconded by Councilman Bastian. Ayes - all. H. UNFINISHED BUSINESS (continued) 4. Human Relations Commission: Ordinance - Second Reading a. Councilman Bastian introduced the following ordinance and moved its adoption: ORDINANCE NO. 505A AN ORDINANCE AMENDING SECTION 208 OF THE MAPLEWOOD CODE RELATING TO HUMAN RELATIONS COMMISSION THE CITY COUNCIL OF THE CITY OF MAPELWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That Section 208.030 is hereby amended to read as follows: 208.030. APPOINTMENTS PROCEDURE. The Commission shall consist of nine (9) members to be appointed by the Mayor by and with the advice and consnet of the Council. Members of the Commission shall be appointed wtih due regard to their fitness for the efficient dispatch of the functions, powers and duties vested - in and imposed upon the Commission. Members of the Commission shall be appointed for terms of three (3) years, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such term. Upon the expiration of his or her term of office a member shall continue to serve - 0 - 11/5 until his or her successor is appointed and shall have qualified. The first commission shall consist of three (3) members for a term of two (2) years, and two (2) members for a term of one (1) year. The members of the Commission shall serve without compensation and maybe removed from office for cause by the Mayor. Section 2.. This Ordinance shall take effect and be in force from and after its passage and publication. Seconded by Mayor Greavu. Ayes — Mayor Greavu; Councilmen Anderson, Bastian and Nelson. Nays — Councilperson Juker. J. NEW BUSINESS 1. Final Payment: Frost Avenue Improvements a. Manager Evans presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: [S�f�'iil WHEREAS, pursuant to an amended written contract approved by the City on October 3, 1980, Larson Excavating, Inc. of Cannon Falls, Minnesota, has satisfactorily completed Maplewood Improvement Project 78 -9 in accordance with said contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF MAPLEWOOD, MINNESOTA, the work completed under said 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 con- tractor's receipt in full. Seconded by Councilman Bastian. Ayes — all. 2. Hazelwood Street Improvements a. Council tabled this item until the meeting of November. 19, 1981. 3. T.H. 61 Frontage Road Construction: Gervais Avenue to County Road C a. Director of Public Works Haider presented the staff report. b. Councilman Bastian introduced the following resolution and moved its adoption: 81 — 11 — 218 WHEREAS, the City Council has determined that it is necessary and expedient that the improvements within the project limits of the proposed T.H. 61 Frontage Raod by the construction of the roadway, storm sewer, sanitary sewer and water — main be studied; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the improvement as hereinbefore described is hereby referred to the City Engineer, and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed im- - 18 — 11/5 provementis feasible and should best be made as proposed, and the estimated cost of the improvement as recommended. Seconded by Mayor Greavu. Ayes - all. 6. Lodging Ordinance a. Manager Evans presented the staff report recommending adoption of the Minn- esota Health Department's "Rules for Lodging Establishments" and the enclosed resolution establishing annual license fees for inspections. b. Councilperson Juker moved first reading of an ordinance to establish a lodging establishment ordinance. Seconded by Councilman Nelson. Ayes - Councilperson Juker, Councilmen Anderson, Bastian and Nelson. Nays - Mayor Greavu. 8. Budget Transfer:. Police Part -Time Help a. Councilperson Juker moved to approve the budget transfer of $5,000 from account 101 -121 -4010 (Wages, Full Time) to account 101 - 121 -4020 (Wages. Par Seconded by Mayor Greavu. Ayes - all. H. UNFINISHED BUSINESS (continued) 2. Cable TV: Joint Powers Agreement a. Mayor Greavu introduced the following resolution and moved its adoption: 81 - 11 - 219 IT IS HEREBY RESOLVED that the City Council of the City of Maplewood adopt the revised Joint Powers Agreement as submitted by the Ramsey /Washington Counties Suburban Cable Communications Commission. Seconded by Councilman Bastian. Ayes - all. K. COUNCIL PRESENTATIONS 1. House Numbers a. Councilman Anderson stated he would like to see the ordinance requiring houses to display their street address be enforced. 2. Election Date a. Councilman Anderson questioned if there was any interest in changing the election dates. b. No action taken. 3. Ordinance - 19 - . 11/5 a. Councilman Anderson requested he have a copy of the conditions immed- iately when any development is approved. Also he would like an ordinance that states contractors can only work within the boundaries of the devel- opment. b. Staff stated it was State Law that contractors cannot trespass. 4. Highwood and McKnight a. Councilman Bastian stated he had complaints regarding the intersection of Highwood and McKnight. There is parking on the east side of McKnight Road south of Highwood Avenue. b. Staff will investigate. 5. Liquor License Hours a. Councilman Bastian stated State Law hadchanged so that Liquor establishments could be open at 10:00 A.M. on Sunday instead of 12:00 Noon. Are our liquor places interested? b. Staff will canvass the liquor license holders. 6. Maple Knolls Construction Review a. Councilman Bastian requested a date be established to review the Maple Knoll project with the Building Inspector. b. Staff will investigate a date and time. L. ADMINISTRATIVE PRESENTATION 1. Breakfast Meeting a. Manager Evans stated there will be a breakfast meeting with Thomas Newcombe at the Holiday Inn at 8:00 A.M. on November 19, 1981. M. ADJOURNMENT 1:08 A.M. City Clerk - 20 - 11/5