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HomeMy WebLinkAbout05.20.82MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Thursday, May 20, 1982 Council Chambers, Municipal Building Meeting No. 82 -12 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building and was called to order at 7:01 P.M. by Acting Mayor Juker. B. ROLL CALL Frances L. Joker, Acting Mayor John C. Greavu, Mayor Norman G. Anderson, Councilmember Gary W. Bastian, Councilmember MaryLee Maids, Councilmember C. APPROVAL OF MINUTES Councilmember Bastian moved to table Seconded by Councilmember Joker. Present Absent Present Present Present 1 of minutes until after Item J -13. Ayes — all. D. APPROVAL OF AGENDA Councilmember Bastian moved to approve the agenda as amended_ 1. Trailer House — Kingston and Payne 2. Dead End Designation 3. Maple Knolls 4. Budget 5. City Property 6. Funding for Cat and Dog Fund 7. Williams Pipe Line 8. Metro Council 9. Survey Requirements 10. Don John Property 11. Home Occupation License 12. Post Office Branch 13. Secretary 14. Hotel /Motel Statute 15. Unsafe Building Seconded by Councilmember Anderson. Ayes — all. E. CONSENT AGENDA Council removed Item E -2 to become Item J -13. Councilmember Anderson moved, seconded by Councilmember Bastian, Ayes — all, to approve the Consent Agenda Itmes 1, 3 through 9 as recommended. — 1 — 5/20 1. Accounts Payable Approved the accounts. (Part I — Fees, Services and Expenses Check No. 000420 through Check No. 000458 — $66,448.98; Check No. 013145 through Check No. 013253 — $254,719.13: Part II — Payroll — Check No. 03734 through Check No. 03854 — $90,827.33) in the amount of $411,995.44. 2. Mortgage Revenue Note Criteria See J3. 3. Wire Transfers for Debt Service Payments Approved authorization to allow wire transfer of all dept service payments. 4. Budget Transfer for Severance Pay Authorized a budget transfer of $15,000 from the Contingency account to cover the current deficit for severance pay and to provide monies for additional severance payments during the balance of the year. 5. Railroad Bridge at County Road D West of Hazelwood Street Resolution no. 82 -5 -54 WHEREAS, County Road "D" from T.H. 61 to Hazelwood Street carries limited traffic; and WHEREAS, the railroad bridge is narrow presenting a less than desirable situation for traffic and is in a visible state of disrepair; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, Ramsey County is requested to make every effort to close the railroad bridge over County Road "D" west of Hazelwood Street to vehicle traffic. 6. Lions Club Gambling Permit Approved a temporary gambling permit for the North Maplewood Lions Club to be held June 18, 1982 (The Doris Nelson Benefit). 7. Revenue Note Hearing Date — Cricket, Inc. Resolution No. 82 -5 -55 RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE PUBLICATION OF A NOTICE OF SAID HEARING WHEREAS, (a) Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial Development Act (the "Act ") gives municipalities the power to issue revenue bonds for the purpose of the encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands — 2 — 5/20 and areas of chronic unemployment; (b) The City Council of the City of Maplewood, Minnesota (the "City ") has received from Tanners Lake Partners, a Minnesota general partnership whose partners are Northco, Ltd. and Turnpike Properties, Midwest Inc. (the "Company ") a proposal that the City assist in financing a project hereinafter described, through the issuance of its industrial revenue bonds (which may be in the form of a single debt instrument) (the "Bonds ") pursuant to the Act; (c) Before proceeding with consideration of the request of the Company it is necessary for the City to hold a public hearing on the proposal pursuant to Section 474.01, Subdivision 7b, Minnesota Statutes; NOW -, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minn- esota, as follows: 1. A Public Hearing on said proposal of the Company will be held at the time and place set forth in the Notice of Hearing hereto attached. 2. The general nature of the proposal and an estimate of the principal amount of bonds to be issued to finance the proposal are described in the form of Notice of Hearing hereto attached. 3. The Notice of said Public Hearing shall be in substantially the form contained in the Notice hereto attached. 4. A draft copy of the proposed application to the Commissioner of Energy, Planning and Development, State of Minnesota, for approval of the project, together with proposed forms of all attachments and exhibits thereto, is on file in the office of the City Clerk. 5. The City Clerk is hereby authorized and directed to cause notice of said hearing to be given one publication in the official newspaper and a newspaper of general circu- lation available in the City, not less than 15 days nor more than 30 days prior to the date fixed for said hearing, as shown in the notice of hearing hereto attached. Adopted by the City Council of the City of Maplewood, Minnesota, this 20th day of May, 1982. /s/ John C. Greavu Mayor Attest: /s/ Lucille E. Aurelius City Clerk NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT To whom it may concern: Notice is hereby given that the City Council of the City of Maplewood, Minnesota, will meet at the City Hall in the City of Maplewood, Minnesota at 7:00 o'clock p.m. on June 28, 1982, to consider the proposal of Tanners Lake Partners, a Minnesota general partnership whose partners are Northco, Ltd. and Turnpike Properties, Midwest Inc., that the City assist in financing a project hereinafter described by the issuance of — 3 — 5/20 of industrial development revenue bonds. Description of Project (Including general location) The acquisiton of land located at the northeast quadrant of the intersection of Interstate 94 and Century Avenue in the City of Maplewood and the construction and equipping thereon of a 115 room Cricket Inn Motel. The estimated principal amount of bonds or other obligations to be issued to finance this project is $3,300,000. Said bonds or other obligations if and when issued will not constitute a charge, lien or encumbrance upon any property of the City except the project and such bonds or obligations will not be a charge against the City's general credit or taxing powers but are payable from sums to be paid by Tanners Lake Partners pubsuant to a revenue agreement. A draft copy of the proposed application to the Commissioner of Energy, Planning and Development, State of Minnesota, for approval of the project, together with all attachments and exhibits thereto, is available for public inspection beginning June 9, 1982, from 8:00 o'clock a.m. to 5:00 o'clock p.m., Monday through Friday, at the City Hall in Maplewood. At the time and place fixed for said Public Hearing, the City Council of the City of Maplewood will give all persons who appear at the hearing an opportunity to express their views with respect to the proposal. Dated this 20th day of May, 1982. (BY ORDER OF THE CITY COUNCIL) By /s/ Lucille Aurelius City Clerk 8. Adolphus Street Hearing Date: Project No. 81 -4 Resolution No. 82 -5 -56 WHEREAS, the City Clerk and City Engineer have presented the final figures for the improvement project which consists of the reconstruction of sanitary sewer trunk facilities and all necessary appurtenances in the following described area: McMenemy Street from Roselawn Avenue to 700 feet to the north; Roselawn Avenue from Adolphus Street to I -35E; Adolphus Street from Roselawn Avenue to Larpenteur Avenue; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPELWOOD, MINNESOTA: that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City Office for inspection. Further, the Clerk shall, upon completion of such proposed assessment, notify the Council thereof. — 4 — 5/20 Resolution No. 82 -5 -57 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the reconstruction of sanitary sewer trunk facilites and all necessary appurtenances in the following described area: McMenemy Street from Roselawn Avenue to 700 feet to the north; Roselawn Avenue from Adolphus Street to I -35E; Adolphus Street from Roselawn Avenue to Larpenteur Avenue, and the said assessment roll is on file in the office of the City Clerk; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 17th day of June, 1982 at the Gladstone Community Education Center, F rost Avenue and Manton Street, Maplewood, Minnesota at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by the said assessments. 3. The notice of hearing shall state the date, time, and place of hearing, the general nature of the improvement, the area proposed to be assessed, that the proposed assessment roll is on file with the Clerk, and that written or oral objections will be considered. 9. Liquor Violation: Bodell's (Establish Hearing Date) Established June 28, 1982 as the date for an On Sale Liquor license revocation hearing. J. NEW BUSINESS 1. Kohlman Wetland Acquisition a. Manager Evans presented the staff report. b. Councilmember Bastian moved to table this item until June 14, 1982 to allow further input by the County. Seconded by Councilmember Maids.. Ayes — all. F. PUBLIC HEARINGS 1. Special Use Permit: Hazelwood and Beam Avenue — Health Resources, Inc. a. Acting Mayor Juker convened the meeting for a public hearing pertaining to the request of Health Resources, Inc. for a special use permit to construct a 290 bed hospital, related medical offices, an emergency and ambulatory care facility and medical — related housing to be located at the NE corner of Beam Avenue and Hazel- wood Street. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. C. Chairman Les Axdahl presented the following Planning Commission recommendation: — 5 — 5/20 "Commissioner Pellish moved the Planning Commission recommend to the City Council approval of the special use permit for the new hospital and related medical facilities, based on the findings that: 1. The proposed hospital use complies with the DC designation of the Land Use Plan. 2. The hospital is an appropriate use in a BC district. 3. The proposed hospital is a needed facility to serve Maplewood and the adjacent northeasterly suburbs. Approval is for the use only. The site plan and building design must be approved by the Community Design Review Board. Commissioner Sletten seconded. Ayes — Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Howard, Kishel, Pellish, Sletten, Whitcomb." d. Mr. Jerry Wilcox, Health Resources, Inc. spoke on behalf of the proposal. e. A representative.. - of Brauer and Associates, site planners, also spoke on behalf of the proposal. f. Acting Mayor Juker called for proponents and opponents. The following asked questions concerning the proposal: Mr. Robert Hajicek, 1700 E. County Road D Mr. S.W. Kincaid, 2004 Hazelwood. g. Acting Mayor Juker closed the public hearing. h. Councilmember Bastian moved to approve the Special Use Permit as requested by Health Resources, Inc. to construct a 290 bed hospital, related medical offices, and emergency and ambulatory care facility and medical related housing to be located_ at the northeast corner of Beam Avenue and Hazelwood Street, based on the following findings: 1. The proposed hospital use complies with the DC designation of the Land Use Plan 2. The hospital is an appropriate use in a BC district 3. The proposed hospital is a needed facility to serve Maplewood and the adjacent northeasterly suburbs. Seconded by Councilmember Anderson. Ayes — all. 2. Alley Vacation: Craig Street to German Street — Myckleby 7:30 P.M. a. Acting Mayor Juker convened the meeting for a public hearing regarding the request of Mrs. Ruth Myckleby to vacate the alley right —of —way that extends from Craig Street to German Street. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. C. Mrs. Ruth Myckleby, 2227 German Street, the applicant, spoke on behalf of the proposal. — 6 — 5/20 d. Acting Mayor Juker called for proponents. None were heard. e. Acting Mayor Juker called for opponents. None were heard. f. Acting Mayor Juker closed the public hearing. g. Councilmember Bastian introduced the following resolution and moved its adoption: 82 — 5 — 58 WHEREAS, Ruth Myckleby has initiated these proceedings to vacate the public interest in the following described real property: Alley right —of —way, between German and Craig Streets, along the south boundary of the Belisle's First Addition Section 11, Township 29, Range 22 WHEREAS, the procedural history of the vacation application is as follows: 1. That an application for vacation was initiated by Ruth Myckleby on the 6th day of April, 1982; 2. That a- majority of the owners of property abutting said alley have signed a petition for the above — described vacation; 3. That said vacation has been referred to and reviewed by the Maplewood Planning Commission on the .3rd day of May, 1982 and referred back to the Maplewood City Council with the recommendation of .approval. 4. That pursuant to the provisions of Minnesota Statutes, Section 412.851 a public hearing was held on the 20th day of May, 1982 preceded by two — weeks published and posted notice at which meeting the City Council heard all who expressed a desire to be heard on the matter, considered the Plan- ning Commission recommendation and staff reports. WHEREAS, upon vacation of the above described alley public interest in the property will accrue to the following described abutting properties: 1. Lot 5, Block 1, Belisle's First Addition 2. S 135 feet of Lot 1, Block 1, Belisle's First Addition 3. Subject to streets the N 1/2 of 2nd Avenue adj and E 1/2 of Lot 2, Block 15, Smith and Taylors Addition to North St. Paul All in Section 11, Township 29, Range 22 NOW, THEREFORE, BE IT RESOLVED, that the Maplewood City Council finds that it is in the public interest to grant the above — described vacation on the following findings of fact: 1. The right of way is in excess of the public need. 2. It is presently maintained for residential purposes by adjacent property owners. 3. Vacating will increase the buildable area of adjacent properties. BE IT FURTHER RESOLVED, that the City Clerk be a notice of completion of the proceedings pursuant Statutes, Section 412.851 and shall cause the same Auditor for entry in his transfer records and that filed with the Ramsey County Recorder, subject to over the entire vacated right of way. and hereby is directed to prepare to the provisions of Minnesota to be presented to the County the same shall be thereafter =he retention of a utility easement Seconded by Councilmember Anderson. Ayes — all. — 7 — 5/20 J. NEW BUSINESS 2. Board of Adjustments and Appeals a. Manager Evans stated in reviewing the State planninglaw, it appears that it is not necessary for the Council to convene as the Board of Appeals and Adjust - ments to consider variances. Council can act on them as the City Council. Section 462.354, sub. 2 of State law states that "the governing body may provide alternatively that there be a separate board of appeals and adjustments or that the governing body or the planning commission or a committee of the planning commission serve as the board of appeals and adjustments..." The cities of White Bear Lake, Maple Grove, Eagen, and Woodbury are examples of cities where variances are handled by their city councils, rather than a board of adjustments and appeals. Eliminating the board would have the following advan- tages: 1. Less confusion for the audience 2. Separate minutes would not have to be done 3. Simpler agenda. If the Council would like to make this change, they should direct staff to revise the appropriate ordinances. b. Councilmember Maida moved to direct staff to revise the appropriate ordinances. Seconded by Councilmember Bastian. Ayes - all. PUBLIC HEARINGS (continued) 3. Rezoning: County Road B - Olson - 7:45 P.M. a. Acting Mayor Joker convened the meeting for a public hearing regarding the request of Mr. Warren Olson, 1942 E. County Road B to rezone a parcel of land located west of 1942 East County Road B from F -Farm to R -2 Double Dwelling District. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. C. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Kishel moved the Planning Commission recommend the City Council adopt the zone change resolution, approving the zone change from F, Farm to R- 2 Residence District (Double Dwelling) for the property west of 1942 East County Road B, on the basis that: 1. The zone change would be consistent with the Land Use Plan. 2. The building would be compatible with the neighborhood. 3. There is a need for additional rental units within the City. Commissioner Fischer seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Howard, Kishel, Pellish, Sletten, Whitcomb." d. Mr. Warren Olson, 1942 E. County Road B, the applicant, spoke on behalf of the proposal. - 8 - 5/20 e. Acting Mayor Joker called for proponents. None were heard. f. Acting Mayor Juker called for opponents. None were heard. g. Acting Mayor Joker closed the public hearing. h. Councilmember Bastian moved to approve the zone change from F -Farm to R -2 Double Dwelling as recommended by the Planning Commission and staff. Seconded by Councilmember Maids. Ayes - Councilmembers Anderson, Bastian and Maida. Nays - Acting Mayor Joker. Motion defeated - (4 votes needed). i. Acting Mayor Juker moved to reconsider the previous motion. Seconded by Councilmember Bastian. Ayes - all. j. Acting Mayor Juker introduced the following resolution and moved its adoption: 82 -- 5 - 59 WHEREAS, a rezoning procedure.has been initiated by Warren Olson for a zone change from F -Farm to R2 Double Dwelling for the following described property: The north 300 feet of the westerly 10.55 acres of that part of the northeast 1/4 of the northwest 1/4 of Section 14, Township 29, Range 22, lying North- ' westerly of Wisconsin Central Railways, except the west 336 feet thereof and also except the Easterly 80 feet thereof. WHEREAS, the procedural history of this rezoning procedure is as follows: 1. That a rezoning procedure has been initiated by Warren Olson., pursuant to Chapter 915 of the Maplewood Code; 2. That said rezoning procedure was referred to and reviewed by the Maplewood City Planning Commission on the 3rd day of May, 1982, at which time said Planning Commission recommended to the City Council that said rezone procedure be approved; 3. That the Maplewood City Council held a public hearing to consider the rezoning procedure, notice thereof having been published and mailed pursuant to law; and 4. That all persons present at said hearing were given an opportunity to be heard and /or present written statements, and the Council considered reports and recommendations of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA that the above - described rezoning be granted on the basis of the following findings of fact: 1. The change would be consistent with the Land Use Plan. 2. The use would be compatible with existing neighborhood character. 3. There is a need for additional rental units in Maplewood. - 9 - 5/20 Seconded by Councilmember Bastian. Ayes - all. Acting Mayor Juker recessed the meeting at 8:13 P.M. to convene as the Board of Adjustments and Appeals. Acting Mayor Juker reconvened the meeting at 8:16 P.M. G. AWARD OF BIDS None. H. UNFINISHED BUSINESS None. I. VISITOR PRESENTATIONS 1. David Bauer, 1610 Sterling a. Mr. Bauer requested the City place no parking signs on Sterling from Larpenteur south and to improve the street lighting. He stated these measures would signifi- cantly deter people from unauthorized and illegal use of the area thereby removing a serious threat to the peace and .security of the local residents. He further stated numerous calls to the police department during the past few years clearly attest to the seriousness of the problem. b. Council directed staff to obtain police reports and engineering reports and present them to Council. J. NEW BUSINESS (continued) 3. Frost Avenue Reconstruction a. Manager Evans presented staff report. b. Councilmember Bastian moved to table to the June 14. 1982 meeting. Seconded by Councilmember Maids. Ayes.- all. 4. Special Exception Permit - Home Occupation - Petersen a. Manager Evans presented the staff report. b. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Barrett moved the Planning Commission recommend approval of the home occupation for -,an electronic equipment repair business at 2169 Arkwright Street, subject to the following conditions: 1. Compliance with the criteria outlined in the Planning Commission Subcommittee report. The twenty percent floor area criteria in guideline three shall not apply to the day -care facility. 2. Approval is granted.for one year, after which time the applicant may apply for a renewal if the business has been compatible with the neighborhood land all conditions are being met. - 10 - 5/20 3. The sign presently mounted on the antenna mast, along the garage, shall be removed. 4. There should be at least one ten pound ABC fire extinguisher provided in the basement workshop area. 5. The basement work area shall be properly wired to eliminate the need for exten- sion cords to operate ceiling lights and equipment. 6. No outdoor storage of business — related equipment shall be permitted. Commissioner Kishel seconded. Ayes — Commissioners Axdahl, Barrett, Howard, Kishel, Pellish, Sletten Nays — Commissioners Fischer, Hejny, Ellefson, Whitcomb." C. Mr. Todd Petersen, 2169 Arkwright Street, the applicant, spoke on behalf of his request. d. Mr. Mark Simmons, 2175 Arkwright Street, spoke in favor of the proposal. e. Councilmember Anderson moved to approve the special exception permit as requ by Mr. Todd Petersen, 2169 Arkwright, to operate an electronics equipment_ repair and sales business from his home subiect to the followineconditions: 1. Compliance with the criteria outlined in the Planning Commission Subcommittee report. The twenty percent floor area criteria in guideline three shall not apply to the day —care facility. 2. Approval is granted for one year, after which time the applicant may apply for a renewal if the business has been compatible with the neighborhood and all conditions are being met. 3. The sign presently mounted on the antenna mast, along the garage, shall be removed. 4. There should be at least one ten pound ABC fire extinguisher provided in the basement workwhop area. '5. The basement work area shall be properly wired to eliminate the need for exten- sion cords to operate ceiling lights and equipment. 6. No outdoor storage of business — related equipment shall be permitted. Seconded by Councilmember Maids. Ayes — all. 5. Special Exception — Mundon a. Manager Evans stated the City Council, on April 15, requested that this permit be reconsidered. The original staff report and minutes are enclosed. One of the conditions of the permit is that "Ceramics class students must park in the John Glenn Jr. High parking. lot ". It was reported to the Council that this condition is not being met. Staff inspected the site on several week nights within the last two weeks. There were no cars parked on the street. — 11 — 5/20 It is recommended to direct staff to periodically check the site over the next three months to assure compliance with Council conditions. If violations occur at any time, this case should be put back on the Council agenda for reconsideration of the permit. No further action is recommended at this time. b. Mrs. Donna Mundon, 2091 Hazelwood Street, spoke on behalf of her permit. c. Acting Mayor Juker moved to direct staff to ep riodically check the site of — the special exception at 2091 Hazelwood Street over the next three months to assure compliance with Council's original conditions; if violations occur at any time —_ this case should be put back on the Council — agenda for reconsideration of the _ permit; allow three nights of ceramic classes; student parking to be at John Glenn; and the permit to be reviewed in one vear. Seconded by Councilmember Maida. Ayes — all. Acting Mayor Juker called a 5 minute recess at 9:10 P.M. Acting Mayor Juker reconvened the meeting at 9:15 P.M. 6. Authorization to Sell Bonds a. Councilmember Bastian introduced the following resolution and moved its adoption_ 82 — 5 — 60 RESOLUTION PROVIDING FOR PUBLIC SALE OF $3,050,000 GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS OF 1982 BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. It is hereby found, determined and declared that this City should issue $3,050,000 General Obligation Temporary Improvement Bonds of 1982 to refund at maturity the outstanding $3,420,000 General Obligation Temporary Improvement Bonds of 1979, dated August 1, 1979, and to provide funds for the construction of various improvements to the City.. 2. This Council shall meet at the time and place specified in the form of notice hereinafter contained for the purpose of opening and considering sealed bids for, and awarding the sale of $3,050,000 General Obligation Temporary Improve- ment Bonds of 1982 of said City. 3. The City Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper of the City and in Commercial West not less than ten days in advance of date of sale, as provided by law, which notice shall be in substantially the form set forth in Exhibit A attached hereto. 4. The terms and conditions of said bonds and the sale thereof are fully set forth in the "Official Terms of Bond Sale" attached hereto as Exhibit B and incorporated herein by reference. Seconded by Councilmember Anderson. Ayes — all. — 12 — 5/20 7. Write Off of Uncollectible Paramedic Bills for 1981 a. Manager Evans presented the staff report. b. Councilmember Anderson moved to table until the meeting of June 14, 1982 for further investigation by the City Attorney_ Seconded by Councilmember Bastian. Ayes - all. 8. Code Amendment: Definition of Family - 2nd Reading a. Councilmember Bastian introduced the following ordinance and moved its adoption: ORDINANCE NO. 514 AN ORDINANCE AMENDING SECTION 916 OF THE MAPLEWOOD CITY CODE RELATING TO THE DEFINITION OF FAMILY, ROOMING HOUSE AND BOARDING HOUSE THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 916.010 is hereby amended to revise the following language (language to be deleted is crossed out, language to be added is underlined): 9I6: 919--- ���- Re��Iy=-- Aay- ne�be�- e €- ge�sees- }�v�eg- dad- eeek #sg- tegetke� -as -a siag�e- keesekeeg�ag -ee #t. 916.010 (7). Family: A single housekeeping unit: a. An individual or a by blood, marriage ly is one of the foil oup_ of oster living together as a ersons not to exceed five, who are not related wren; or adoption -. or b. Two persons related by blood, marriage, foster children, or adoption and not more than three unrelated persons, or C. Three or more persons related by blood, marriage, foster children adoption and not more than two unrelated persons. Section 2. Section 916.010 is hereby amended to add the following language: 916.010 (24) Boarding House: A rooming house in which meals are provided. 916.010 (25) Rooming House: Any single housekeeping unit in which space is rented, less meals, to persons unrelated to the resident manager or property owner, in excess of the definition of family, as defined in Section 916.010 (7). Section 3. This ordinance shall take effect and be in force from and after passage and publication.. Seconded by Acting Mayor Juker. Ayes - all. 9. Ordinance - Metal Buildings a. Manager Evans presented the staff report. b. Mr. Vic Lydon, Community Design Review Baord, explained the Board's position regarding metal building. - 13 - 5/20 C. Councilmember Anderson _moved to refer this item to staff for further investigation and that a full report be submitted to Council by June 28, 1982. Seconded by Councilmember Bastian. Ayes — all. 10. Sideyard Setbacks — RE District a. Councilmember Maida introduced the following ordinance and moved its adoption: ORDINANCE NO. 515 AN ORDINANCE AMENDING THE MUNICIPAL CODE CONCERNING SETBACKS IN R —E DISTRICTS THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 919.050 (3) is hereby amended as follows: 919.050 (3) Minimum setbacks. a.. Within R -3 Districts, the following minimum building setbacks for dwellings, accessory buildings and driveways shall apply: Side Yard Setback R —E (20) 15 feet R —E (30) - 20 feet R —E (40) 25 feet b. All other setbacks shall be as required for R -1, Residence District (Single Dwelling). Section 2. This ordinance shall take effect upon its passage and publication. Seconded by Councilmember Anderson. Ayes — all. 11. Street Overlay Program a. Manager Evans presented the staff report. b. Acting Mayor Juker introduced the following resolution and moved its adoption: 82 -5 -61 WHEREAS, the City Council of Maplewood, Minnesota deems it expedient and necessary; NOW, THEREFORE, BE IT RESOLVED that staff is hereby authorized to secure bids for the 1982 Sealcoat and Bituminous Overlay Program; Staff is further directed to appropriately sign Myrtle Street south of Larpenteur Avenue so as to deny construction traffic from the south the use of the overlaid Myrtle Street in order to prevent damage thereto. Seconded by Councilmember Anderson. Ayes — all. 12. Reconsideration — Plan Update — 14 — 5/20 K. a. Councilmember Bastian moved to reconsider the motion of May 6, 1982 the Plan Update and that the item be placed on the June 28, 1982 Agenda Seconded by Councilmember Anderson. Ayes — all. 13. Mortgage Revenue Note Criteria a. Manager Evans stated during 1981 the City collected only 71% of the current special assessment installments that were due. At the end of 1981, outstanding .delinquent special assessment were $1,282,007. To cope with this problem the payment of delinquent special assessments will be required prior to the issuance of building permits, special use permits, plat approvals and lot divisions. The criteria for mortgage revenue note financing should also be revised to require that proceeds from the note be used as follows:- 1. To pay all delinquent taxes and special assessments. 2. To pay all deferred and special or deferred assessemnts. 3. To provide a cash escrow for payment of all pending special assessments. Items two and three would virtually eliminate the possibility of future delinquent special assessments on projects financed by mortgage revenue notes. It is recommended that the Council adopt the above additional requirements for mortgage revenue note financing. b. Acting Mayor Juker moved to adopt the amendment to the Mortgage Revenue Note Criteria to include the following: _ -- 1. To pay all delinquent taxes and special assessments. 2. To pay all deferred and special or deferred assessments. 3. To provide a cash escrow for payment of all pending special assessments. Seconded by Councilmember Bastian. Ayes — all. 14. Approval of Minutes a. Minutes No. 82 -10 (April 15, 1982) Councilmember Bastian moved to approve the Minutes of Meeting No. 82 -10 (April_ 15, 1982) as corrected: Page 6: Item F 3 h " Maida" Seconded by Councilmember Maida. COUNCIL PRESENTATIONS I. Mobile Home — Kingston and Payne Ayes — Acting Mayor Juker, Councilmembers Bastian and Maida. Councilmember Anderson abstained. a. Councilmember Maida stated there was a mobile home parked at Kingston and Payne and questioned if they had approval from the City. b. The mobile home was approved by Council to house a caretaker for the cemetary. — 15 — 5/20 2. Dead End Designation a. Councilmember Maida requested "dead end" signs for cul de sacs. b. Staff to investigate. 3. Budget a. Councilmember Bastian stated he felt it was time to think about the 1983 Budget. b. Council established a budget meeting for June 2, 1982 at 7:00 P.M. Council— member Bastian to find appropriate place. 4. City Property a. Councilmember Anderson suggested that the City maintain their own property better. 5. Dog and Cat Patrol a. Councilmember Anderson requested more hours be authorized for animal control. 6. Williams Pipe Line a. Councilmember Anderson questioned if Williams Pipe Line Company was still cooperating with the City. b. Staff stated they were. Acting Mayor Juker moved to extend the meeting past the deadline. Seconded by Councilmember Anderson. Ayes — all. 7. Metro Council a. Councilmember Anderson stated the Metro. Council is getting involved into Cable TV and requested a survey be taken to see if the Metro Council is really needed. b. Council directed letters be forwarded to the Association of Minnesota Munici- palities and the Ramsey County League of Municipalities. 8. Survey Requirements a. Acting Mayor Juker stated problems have arisen with lot splits due to the fact the land has not been surveyed and requested that surveys be submitted before lot divisions, special use permits, etc. are approved. b. Acting Mayor Juker moved to refer the matter to staff and report to Council at the June 28, 1982 meeting. Seconded by Councilmember Anderson. Ayes — all. 9. Don John Property. a. Acting Mayor Juker requested copies of all Council actions regarding this property. — 16 — 5/20 10. Home Occupation License a. Acting Mayor Juker questioned if home occupation permits could be separated from the special exception permits; in that way perhaps home occupation permits could be tied to a person rather than the property and if they could, be licensed annually. b. Acting Mayor Juker moved to refer home occupation licenses to the staff for investigation. Seconded by Councilmember Anderson. 11. Post Office - Branch a. Acting Mayor Juker moved sta a branch post office in Maplewoo States Post Office). Seconded by Councilmember Anderson. Ayes - all. ssmen. United States Senator Ayes - all. Unite L. ADMINISTRATIVE PRESENTATIONS 1. .Secretary a. Manager Evans requested the moratorium on hiring be lifted and a secretary to be shared by the Finance Director and himself be hired. b. Counci.lmember Bastian moved to authorize the hiring of a secretary to be shared by the Manager and Finance Director. Seconded by Councilmember Maids. Ayes - all. 2. Hotel -Motel Revenue a. Councilmember Anderson moved to notify the Secretary of State the Council's ratification of the Hotel -Motel Revenue Note financing legislation that was passed. Seconded by Acting Mayor Juker. Ayes - all. 3. Unsafe Building a. City Attorney Patrick Kelly requested the Council to advise Mrs. Edna Ocheltree that her building at 2585 Ariel has been declared unsafe and she is to remove such building within 20 days or the City shall do so and bill her. b. Councilmember Bastian dous building at 2585 Arie Seconded by Acting Mayor Juker. ADJOURNMENT 11:05 P.M. as re - 17 - of the unsafe and Ayes - all. City Clerk 5/20 Attorne