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