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HomeMy WebLinkAbout06.14.82MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, June 14, 1982 Council Chambers, Municipal Building Meeting No. 82 -13 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 7:05 P.M. by Mayor - Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Joker, Councilmember Present MaryLee Maida, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes 82 -11 - May 6, 1982 Councilmember Anderson moved to approve the Minutes of Meeting No. 82_11 (May 6, 1982 as submitted. Seconded by Councilmember Bastian. Ayes - all D. APPROVAL OF AGENDA Mayor Greavu moved to approve the agenda as amended: 1. Down Zoning 2. Maplewood Plaza 3. 10 K Race 4. Dental Specialties - Revenue Note Seconded by Councilmember Bastian. E. CONSENT AGENDA Ayes - all. Council removed Item E -4 from the Consent Agenda to become Item J -9. Councilmember Anderson moved, seconded by Councilmember Bastian, Ayes - all, to approve_ the Consent Agenda Items 1 through 3 as recommended. 1. Accounts Payable Approved the accounts (Part I Fees, Services, Expenses, Check No. 000459 through Check No. 000536 - $191,106.85; Check No. 013254 through Check No. 013404 - $231,626.49: Part II - Payroll Check No. 03913 through Check No. 04035 - $54,677.85) in the amount of $477,411.19. 2. County Road B and Atlantic Stop Signs - 1 - 6/14 82 -6 -62 WHEREAS, residents in the vicinity of County Road B and Atlantic Street have requested four —way stop signs at the intersection; and WHEREAS, a number of accidents have occured at this intersection; NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD, MINNESOTA, CITY COUNCIL that it requests Ramsey County erect four —way stop signs at the intersection of County Road B and Atlantic Street if the warrants are satisfied as established in the Minnesota Manual of Uniform Traffic Control Devices. 3. 1980 Census — Neighborhood Statistics Program Authorized the Mayor to sign a letter reaffirming. Maplewood's desire to participate in the Neighborhood Statistics Program. F. PUBLIC HEARINGS 1. Special Use Permit: 47 S. Century — Lutheran Church of Peace a. Mayor Greavu convened the meeting for a public hearing on the request of Lutheran Church of Peace for a special use permit revision to increase the number of allowable students at any one time from thirty to forty children. 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. Mayor Greavu called for proponents. None were heard. d. Mayor Greavu called for opponents. None were heard. e. Mayor Greavu closed the public hearing. f. Councilmember Anderson moved to approve a special exception permit revision — for the operation —of a preschool` program to increase the number of allowable students at any time from thirty to forty children at the Lutheran Church of Peace, _ 47 South Century, subiect to the followine conditions: 1. Correction of all Life Safety and Building Code deficiencies, prior to the 1982 school year. 2. If no nuisance conditions exist at the end of three years, the permit may be renewed by the City Council. Approval is recommended on the basis that: 1. The proposal is consistent with the intent of the City Code 2. The proposal will not substantially change or detract from the use of the neighboring or subject property. 3. The proposal is in the best interests of the community and public welfare 4. There have not been any nuisances or complaints during the past nine years of operation. Seconded by Mayor Greavu. Ayes — Mayor Greavu, Councilmembers Anderson, Juker and Maida — 2 — 6/14 Councilmember Bastian abstained. 2. Variance: Larpenteur and Jackson - REM Development a. Mayor Greavu reconvened the meeting for a public hearing on the request of R E M Development for a variance from the requested number of parking spaces; var- iance for exemption from the garage requirement and a variance to provide rooms with less floor area than code requires. b. Manager Evans presented the staff report. C. Mayor Greavu moved to approve the following variance as requestedby -REM Develop- ment: 1. A parking variance of fifteen spaces, subject to the condition that the parking lot shall be restriped with nine and 8 1/2 foot wide spaces upon determination by the City that a parking problem exists. 2. A parking variance waiving the requirement for garages. 3. A floor area variance for 180 square -foot bedrooms. Seconded by Councilmember Anderson Ayes - Mayor. Greavu, Councilmembers Anderson and Maida. Nays - Councilmembers Bastian and Juker. 3. Preliminary Plat: Gervais Overlook - 7:15 P.M. a. Mayor Greavu moved to table this item until the meeting of July 12, 1982 as the applicant, Mr. Richard Anderson, was hospitalized. Seconded by Councilmember Anderson. Ayes - all. H. UNFINISHED BUSINESS 1. Code Amendment - 2nd Reading a. Councilmember Bastian introduced the following ordinance and moved its ORDINANCE NO. 516 AN ORDINANCE AMENDING SECTIONS 214 AND 916 OF THE MAPLEWOOD CITY CODE RELATING TO THE DEFINITION OF BOARDING AND ROOMING HOUSE THE COUNCIL OF THE CITY OF MAPLEWOOD.DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 214.040 (4) (X) is hereby amended as follows (language to be deleted is crossed out and proposed language is underlined): ion: x.-- Resmiag- lieusg _shall_mgau_auy_�asideung_ building_ nx _au�Z_paxk_khe�enfT_cnntaining nrae_ nz_ mn�e- �enmiag _uxiits,_ia_which_space_is_ rented _hy_the_oraner_or_nperator ta_thxee_ex_mnre_persnns_whn_ are_ nnt_ hnshand_ ax_ raiie�_san_nr_daughter.,_mother a�_faLhesr_ sister- e�_ b�e�he�- e €- �1 }e- ewaes- e�- ege�s�e�� - 3 - 6/14 X. Rooming House: As defined in Section 916.010 -(20) of the City Zoning g ode. For purposes of this ordinance, there shall be no distinction made between rooming and boarding house. Section 2. Section 916.010 is hereby amended to add the following language: 916.010 (19) Boarding House: A rooming house in which meals are provided. 916.010 (20) 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 Mayor Greavu. Ayes — all. 3. Frost Avenue Improvements a. Manager Evans presented the staff report. b. Councilmember Anderson moved to concur with the preliminary plans for the follow- ing improvements (nos. 1 and 2) with the condition Council reserves the right for 1. Street reconstruction of Frost Avenue from Birmingham Street to White Bear Avenue to width of 52 feet with concrete curb and gutter. 2. Storm sewer —trunk piping with catch basins from Manton Street to Prosperity Road. This system is proposed to outlet into the Grit chamber located in the Wakefield Park property. The inplace system east of Prosperity would be recon- structed to accommodate the new roadway width and elevations. Seconded by Mayor Greavu. Ayes — all. C. Councilmember Anderson moved to concur with the preliminary plans for the follow- ing improvement (no.3) with the condition Council reserves the right for final approval: The County is requesting that the City consider construction of a detached eight —foot bituminous path from Hazelwood Street to White Bear Avenue. The County would pay for the initial cost of construction and the City would pay for any additional right —of —way needed for the path. Seconded by Mayor Greavu. G. AWARD OF BIDS 1. Award of Bids — Bond Sale — 7:30 P.M. a. Manager Evans presented the staff report. Ayes — Mayor Greavu, Councilmember Anderson, Juker and Maida. Nays — Councilmember Bastian. b. Mr. Andrew Merry,.Juran and Moody, Inc., presented the specifics of the bids. C. Mayor Greavu introduced the following resolution and moved its adoption: — 4 — 6/14 82 -6 -63 RESOLUTION ACCEPTING BID ON SALE OF $3,050,000 GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS OF 1982 PROVIDING FOR THEIR ISSUANCE BE IT RESOLVED by the Council of the City of Maplewood, Minnesota, as follows: I. The bid of to purchase $3,050,000 General Obligation Temporary Improvement Bonds of 1982 of the City, in accordance with the notice of bond sale, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ plus interest accrued to settlement is hereby found, determined and declared to be the most favorable bid received, and is hereby accepted and the bonds are hereby awarded to said bidder. The Clerk is directed to retain the deposit of said bidder and to forthwith return the good faith checks or drafts to the unsuccessful bidders. The bonds shall be payable as to principal and interest at or any successor paying agent duly appointed by the City. 2. The $3,050,000 negotiable coupon general obliga- tion bonds of the City shall be dated July 1, 1982 and shall be issued forthwith. The bonds shall be 610 in number and numbered from 1 to 610, both inclusive, in the denomination of $5,000 each. All of the bonds shall mature on July 1, 1985. 3. The bonds shall provide funds to refund at maturity the City's outstanding General Obligation Temporary Improvement Bonds of 1979, dated August 1, 1979 (the "Prior Bonds ") and to provide funds for the construction of various improvements in the City (the "Improvements "). The total cost of the purposes for which the bonds were issued is estimated to be at least equal to the amount of the bonds herein authorized. 4. The bonds shall bear interest payable January 1, 1983 and semiannually thereafter on July 1 and January 1 of each year at the rate per annum of percent ( %). 5. All or any portion of the bonds shall be subject to redemption and prepayment at the option of the City, on July 1, 1983 and on any interest payment date thereafter at par and accrued interest. If only a part of the bonds are called for prepayment, the specific bonds to be prepaid shall be chosen by lot by the paying agent. Thirty days published notice of redemption shall in each case be given in accordance with law, and mailed notice of redemption shall be given to the bank where the bonds are payable. The form of notice of redemption is attached hereto as Exhibit A. 6. The bonds and interest coupons to be issued hereunder shall be in substantially the following form: - 5 - 6/14 UNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CITY OF MAPLEWOOD No. $5,000 GENERAL OBLIGATION TEMPORARY IMPROVEMENT BOND OF 1982 KNOW ALL PERSONS BY THESE PRESENTS that the City of Maplewood, Ramsey County, Minnesota, certifies that it is indebted and for value received promises to pay to bearer the principal sum of FIVE THOUSAND DOLLARS on the first day of July, 1985 and to pay interest thereon from the date hereof until the principal is paid at the rate of percent (_%) per annum, payable on the first day of January, 1983 and semiannually thereafter on the first day of July and the first day of January in each year, interest to maturity being represented by and payable in accordance with and upon presentation and surrender of the interest coupons hereto attached, as the same severally become due. Both principal and interest are payable at or any successor paying agent duly appointed by the City, in any coin or currency of the United States of America which at the time of payment is legal tender for public and private debts. All or any portion of the bonds of this issue are subject to redemption and prepayment at the option of the City, on July 1, 1983 and on any interest payment date thereafter at par and accrued interest. If only a part of the bonds are called for prepayment the specific bonds to be prepaid shall be chosen by lot by the paying agent. Thirty days published notice of redemption shall in each case be given in accordance with law, and mailed notice of redemption shall be given to the bank where the bonds are payable. This bond is one of an issue in the total principal amount of $3,050,000 all of like date and tenor, except as to serial number, which bond has been issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota for the purpose of providing money to refund at maturity the City's outstanding General Obligation.Temporary Improvement Bonds of 1979, dated August 1, 1979 and to provide funds for the construction -of various improvements in the City and is payable out of the Special Assessment Fund of the City, and into which fund there are to be paid the proceeds of the improvement bonds which the City is required by law to issue at or prior to the maturity of this bond for the purpose of refunding the same if the special assessments theretofore collected or any other municipal funds which are properly available and are appropriated by the City Council for such - 6 - 6/14 purpose, are not sufficient for the payment thereof. This bond constitutes a general obligation of the City and to provide moneys for the prompt and full payment of the principal and interest when the same become due, the full faith and credit of said City have been and are hereby irrevocably pledged. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and this bond, together with all other debts of the City outstanding on the date hereof and the date of its actual issuance and delivery does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Maplewood, Ramsey, County, Minnesota, by its City Council has caused this bond to be executed in its behalf by the facsimile signature of the Mayor and the manual signature of the Clerk, the corporate seal of the City having been intentionally omitted as permitted by law, and has caused the interest coupons to be executed and authenticated by the facsimile signatures of said officers, all as of July 1, 1982. /s/ Facsimile Clerk Mayor IZP7 On the first day of January (July ), 19 , unless the bond described below is called for earlier redemption, the City of Maplewood, Ramsey County, Minnesota, will pay t6 bearer at or any successor paying agent duly appointed by the City, the sum shown hereon for interest then due on its General Obligation Temporary Improvement Bond of 1982, No. dated July 1, 1982. /s/ Facsimile Is/ Facsimile Clerk Mayor 7. The bonds shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, that one (or both) of the signatures and the seal of the City may be printed facsimiles (if the bonds are also signed manually by at least one such officer); and provided further that the corporate seal may be omitted on the bonds as permitted by law. The interest coupons pertaining thereto shall be executed by the printed., engraved or lithographed facsimile signatures of the Mayor and Clerk. - 7 - 6/14 B. The bonds when so prepared and executed shall be delivered by the Treasurer to the purchaser thereof upon receipt of the purchase price, and the purchaser shall not be obliged to see to the proper application thereof. 9. There has heretofore been created a Debt Service Account (the "1979 Debt Service Account ") in the "General obligation Temporary Improvement Bonds of 1979 Fund ". The 1979 Debt Service Account was established for the purpose of paying the principal and interest on the Prior Bonds. Of the proceeds derived from the bonds herein authorized, $ shall be credited to the 1979 Debt Service Account (whic —r h sum, together with sums already held in the 1979 Debt Service Account, is sufficient to pay all principal and interest to become due on the Prior Bonds on August 1, 1982). Any surplus in the 1979 Debt Service Account in excess of such requirements is hereby pledged and shall be credited to the Common Debt Service Account hereinafter provided for; and, upon determination of such surplus all uncollected special assessments and taxes, if any, payable to the 1979 Debt Service Account are hereby pledged and shall thereafter also be credited to the Common Debt Service Account. 10. There has heretofore been created a special fund designated "Special Assessment Fund" held and administered by the City Treasurer separate and apart from all other funds of the City. Said fund shall continue to be maintained in the manner heretofore specified until all of the bonds heretofore, herein and hereafter authorized and made payable from said fund and the interest thereon have been fully paid. In said fund there shall be created and maintained a separate account, to be designated as the "1982 Improvement Bonds Construction Account ". The proceeds of the sale of the bonds herein authorized, less (1) any accured interest received thereon, (2) any amount paid for said bonds in excess of $2,990,525, and (3) $ to be credited to the 1979 Debt Service Account, plus any special assessments levied with respect to the Improvements and collected prior to completion of the Improvements and payment of the costs thereof, shall be credited to the 1982 Improvement Bonds Construction Account or the Construction Account heretofore created and designated specifically for a particular improvement, from which there shall be paid all costs and expenses of making the Improvements including the cost of any construction contracts heretofore let, the costs of issuance of the bonds and all other costs incurred and to be incurred of the kind authorized;in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the bond proceeds may also be used to the extent necessary to pay interest on said bonds due prior to the anticipated date of commencement of the collection of special assessments herein covenanted to be levied; and provided further that if upon completion of the Improvements there shall remain any unexpended balance in the 1982 Improvement Bonds Construction Account or such other Construction Account, said balance (other than any special assessments) may be transferred - 8 - 6/14 by the Council to the account of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429; and provided further that any special assessments credited to the 1982 Improvement Bonds Construction Account or such other Construction Account, are hereby pledged and shall be used only to pay principal and interest due on the bonds and any improvement bonds issued to refund the bonds. There is hereby pledged and there shall be credited to the Common Debt Service Account heretofore created (a) all collections of special assessments herein covenanted to be levied and either initially credited to the 1982 Improvement Bonds Construction Account or such other Construction Account and required to pay any principal and interest due on the bonds or collected subsequent to the completion of the Improvements and payment of the costs thereof; (b) all accrued interest received upon delivery of said bonds, (c) all funds paid for said bonds in excess of $2,990,525, (d) any collections of all taxes hereafter levied, if any, for the payment of the bonds; (e) all funds remaining in the 1982 Improvement Bonds Construction Account or such other Construction Account after completion of the Improvements and payment of the costs thereof, not so transferred to the account of another improvement and (f) all funds remaining in or payable to the 1979 Debt Service Account after provision for payment of all principal and interest due on the bonds payable therefrom. The Common Debt Service Account shall be used solely to pay the costs of issuance of the improvement bonds to be issued to refund the bonds herein authorized and to pay principal and interest and any premiums, if any, for redemption on the bonds issued hereunder and any other general obligation bonds of the City heretofore or hereafter issued by the City and made payable from said account as provided by law. The City may in its discretion for accounting purposes create separate subaccounts in the Common Debt Service Account for individual issues of improvement bonds. Any sums from time to time held in the Common Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds) in excess of amounts which under the applicable federal arbitrage regulations may be invested without regard as to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" made available under the federal arbitrage regulations. 11. The City has heretofore levied special assessments pursuant to resolution which assessments were pledged to the payment of the principal and interest on the Prior Bonds and are now pledged to the payment of principal and interest on the bonds herein authorized. Said assessments were levied in the years to The balance of said special assessments levied in 1981 and collectible in 1982 and all assessments collectible thereafter including any delinquent assessments shall be payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interst on the declining balance of all such assessments at the rate shown opposite such years. - 9 - 6/14 Improvement Designation Amount Rate Levy Years 12. It is hereby determined that no less than 20% of the cost to the City of each Improvement within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3) shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefited by the improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts and it will hereafter "authorize by resolution" (within the meaning of Minnesota Statutes, Section 475.55(3), as amended), the special assessments and it will do and perform as soon as they may be done, all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at anytime held invalid with respect to any lot, piece or parcel of land due to.any error, defect, or irregularity, in any action or proceedings taken or to be taken by the City or this Council or any of the City officers or employees, either in the making of the'.assessments or in the performance of any condition precedent thereto, the City and this Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. 13. To further provide moneys for the prompt and full payment of principal and interest on the temporary improvement bonds, the City shall issue and sell improvement bonds, at or prior to the maturity date of the bonds issued hereunder, in such amounts as are needed to pay the principal and interest then due on the temporary improvement bonds after the application of the assessments theretofore collected, and the appropriation of such other municipal funds as are properly available for such purpose. The Council hereby finds, determines and declares that the estimated collections of special assessments to be received before the maturity date of the temporary improvement bonds, together with the proceeds of any improvement bonds to be issued at or before the maturity date, and other revenues pledged for the payment of the temporary improvement bonds and the interest thereon will equal at least 58 in excess of the principal and interest requirements of the temporary improvement bonds as the same become due. - 10 - 6/14 For the prompt and full payment of the principal and interest on the bonds, . as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Common Debt Service Account is ever insufficient to pay all principal and interest then due on the bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Common Debt Service Account when a sufficient balance is available therein. 14. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Ramsey County, Minnesota, together with such other in- formation as he shall require, and to obtain from the Auditor his certificate that the bonds have been entered in the Auditor's Bond Register. 15. The officers of the City are hereby authorized and directed to prepare and furnish to the purchaser of the temporary improvement bonds, and to the attorneys approving the legality of the issuance thereof, certified copies of all proceedings . and records of the City relating to the bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. Seconded by Councilmember Anderson. Ayes —.all. F. PUBLIC HEARINGS (continued) 4. Preliminary Plat /PUD Revision: Cave's Century Addition — 7:30 P.M. a.- Mayor Greavu convened the meeting for a public hearing regarding the request of M & S Development Company for approval of a revised planned unit development and preliminary plat to construct 32 townhouses. b. Manager Evans presented the staff report. C. Mr. Len McGaughlin, M & S Development, spoke on behalf of the proposal. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for _opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Mayor Greavu moved to approve the revision to the Planned Unit Development__ permit for Cave's Century Addition subiect to the followine conditions: "No Parking" signs to be placed on the private drives to maintain emergency vehicles access. Seconded by Councilmember Bastian. Ayes — all. h. Mayor Greavu moved to approve the Cave's Century Addition preliminary plat subject to the revised conditions - -a s =Tws: — 11 — 6/14 1. Footings for double, townhouse or quad units shall be pinned by a registered surveyor before the foundation is laid to assure that party walls will be con- structed exactly on common lot lines. 2. All building construction shall comply with the approved PUD. 3. Submission of proposed bike trail easements. 4. Submission of a signed developers agreement to be approved by the Director of Public Works. 5. The developer's agreement shall include the construction of a.10 —foot trail and fencing on the proposed bike .trail easements, to be approved by the Director of Community Services. 6. The developer's agreement shall include construction of a minimum five —foot chain link fence on the Century East Townhouse property line, from the west boundary of the Century East Apartments, to the northwest corner of the townhouse property, and from the same corner to the northwest corner of lot 8, block 1. Myhra Addition. The Century East remainder of the recreation area, including a lockable gate. The Association shall file an irrevocable letter of credit or cash deposit with the City within one week of the signing of the Developer's agreement, for the Association's share of the fence cost. If the fence is not constructed by the Association within 60 days after the developer has com- pleted his part of the fence, the Association's security deposit shall be forfeited to the developer as reimbursement for his costs. Failure of the Townhouse Association to agree to this condition shall end the developer's responsibility for fencing. 7. Approval of final utility and drainage plans by the.Director of Public Works. 8. Implementation of the recommendations of the Soil Conservation Service. 9. Enlarge the utility easement for sanitary sewer and watermain to thirty feet in width. 10. An easement from the adjacent property owner must be submitted for off —site grading. 11. Revise the plat to provide twenty feet between blocks three and four. 12. Revise the plat to provide fifty feet between blocks two and three. 13. Homeowners agreement shall contain owner occupied. Seconded by Councilmember Bastian. Ayes — all. H. UNFINISHED BUSINESS (continued) 2. Kohlman Wetland Acquisition a. Mr. Jim Tolaas, Ramsey County Department of Public Works, explained Ramsey County's plans for the wetland acquisition. b. Mayor Greavu introduced the following resolution and moved its adoption: — 12 — 6/14 82 -6 -64 WHEREAS, Ramsey County has undertaken a restoration project on the Phalen chain of lakes under the Environmental Protection Agency Clean Lakes Program; and WHEREAS, many project design plans for the restoration project have involved the use of wetlands for filtration purposes to remove nutrients and suspended solids from runoff water prior to inflow to the chain of lakes; and WHEREAS, one of the major systems proposed is the Kohlman Wetland Treatment System adjacent to the east side of Kohlman Lake near where County Ditch 18 enters the lake; and WHEREAS, in order to install the system it will be necessary to acquire certain properties or easements that would be affected by the system installation or the diverted County Ditch 18 flow; and WHEREAS, the Board of Ramsey County Commissioners have authorized the acquisition of certain lands or easements needed for the Kohlman Wetland Treatment System, and has ordered the Public Works Department to seek approval of the City of Maplewood for the acquisitions. NOW, THEREFORE, DOES THE CITY COUNCIL OF MAPLEWOOD, approve the acquisition of certain lands or easements on the east side of Kohlman Lake in Maplewood for the Kohlman Wetland Treatment System, by Ramsey County for the Lake Phalen Restoration Project. Seconded by Councilmember Maida. Ayes – all. 4. Diseased Tree Program a. Manager Evans presented the staff report. b. Councilmember Bastian moved that a special levy to provide for removal of diseased trees be imposed at $3.00 per $10,000 of assessed valuation. — - Motion died for lack of a second. C. Councilmember Bastian moved to assess 90% of the cost of the diseased tree removal to the affected property owners, 10% received from the State and boulevard trees be assessed at 50% for the 1981 diseased tree program. Seconded by Councilmember Maida. Ayes – all. d. Councilmember Juker moved for the 1982 diseased tree pro 2, "the City assess 100% of the cost of all trees removed on 50% of the cost of removing boulevard trees". Seconded by Councilmember Bastian. ram assessment o' ivate tion and Ayes – Councilmember Bastian and Juker. Nays – Mayor Greavu, Councilmembers Anderson and Maida. e. Councilmember Bastian moved to assess a special levy to tree removal of $2.10 per $10,000 assessed valuation. for diseased__ Seconded by Councilmember Maida. Ayes – Councilmembers Bastian and Maida. Nays – Mayor Greavu, Councilmembers Anderson and Juker. - 13 - 6/14 5. Uncollectible Paramedic Bills for 1981 a. City Attorney Pat Kelly presented alternatives for collecting the delinquent paramedic bills. b. Councilmember Maida moved that a registered letter be sent indicating further legal action (such as the account will be turned over to a collection agency) will be taken if the delinquent paramedic bill is not paid within a specified date. Seconded by Councilmember Juker. Ayes - all. 6. 1610 Sterling (Bauer) a. Deputy Chief Hagen presented the staff report. b. Mr. David Bauer, 1610 Sterling, reiterated the problems he is experiencing and again requested more street lighting and "no parking" signs. C. Mrs. Charlotte Gauthier, 1659 Sterling, also stated the problems she and her neighbors have experienced with vandalism, burglaries, racing cars, motorcycles, late night parties, etc. d. No action taken. I. VISITOR PRESENTATIONS None. J. NEW BUSINESS 1. Civil Service — Police Chief Selection a. Manager Evans stated that in order for the vacancy in the Police Chief position to be filled, it is necessary for the Civil Service Commission to supply me with names of three individuals qualified to hold the position. As a result of my request for such names, they have taken certain actions: 1. They have determined to limit applications to those presently members of the Maplewood Police Department with a minimum of ten (10) years experience as a Sergeant or above. 2. They wish to give an Assessment Center type of examination to those who do apply. The Assessment Center process would consist of a written examination, plus an oral process involving several different types of exercises, including sim- ulation and role playing. The oral portion would be given by a principal from the consulting firm and two police chiefs from out of the metro area. The Civil Service Commission would like to hire Forbes McCann Associates of Hunting- ton Valley, Pa. for this process. McCann has been used by them for other written exams in the past. The Civil Service Commission is requesting that Council authorize the transfer of $4,000 from the contingency fund to cover the cost of the examination process. b. Councilmember Anderson moved to authorize a budget transfer of $4,000 from the contingency fund to cover the cost of the o ice ie p'� osition examination process. - 14 - 6/14 Seconded by Councilmember Maids. 2. Battle Creek Assessment — Afton Heights Park Ayes — all. a. Manager Evans stated he had received a letter from Ramsey County Parks and Recreation Director Anthony J. Crea requesting payment of $4,523 as the Maplewood share of the Battle Creek assessments for Afton Heights Park. b. Councilmember Bastian moved to refer the bill to the City Attorney for discussion with Ramsev Countv. Seconded by Councilmember Anderson. Ayes — all. 3. Special Exception — 2239 Hazelwood Street a. Manager Evans presented the staff report. b. Commissioner Bill Howard presented the following Planning Commission recommend- ation: "Commissioner Kishel moved the Planning Commission recommend to the City Council approval of a special exception to operate a commercial cleaning business as a home occupation at 2239 Hazelwood Avenue, subject to: 1. Compliance with the criteria outlined in the Planning Commission Subcommittee report. 2. Approval is granted for three years, 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. No outdoor storage of business — related equipment shall be permitted and no vehicle with a load capacity greater than one ton permitted. 4. There shall be a wall— mounted ten pound ABC fire extinguisher located in the garage, easily accessible from the dwelling, when commercial products are stored in the walk —in foyer closet. Commissioner Fischer seconded. Ayes — Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Howard, Kishel, Pellish, Sletten, Whitcomb." C. The applicants spoke on behalf of the request. d. Councilmember Juker moved to approve the request of Charles and Betty Smith for a special exception permit to operate a commercial cleaning business as a home occupation at 2239 Hazelwood Street, subject to: 1. Compliance with the criteria outlined in the Planning Commission Subcommittee report. 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. No outdoor storage of business — related equipment shall be permitted and no vehicle with a load capacity greater than one ton permitted. — 15 — 6/14 4. There shall be a wall- mounted ten pound ABC fire extinguisher located in the garage, easily accessible from the dwelling, when commercial products are stored in the walk -in foyer closet. Seconded by Councilmember Anderson. Ayes - all. 4. Special Exception - 1770 Onacrest Curve a. Manager Evans presented the staff report. b. Commissioner Bill Howard presented the following Planning Commission recommendation: "Commissioner Kishel moved to recommend to the City Council approval of a special exception permit to operate a folk art painting business, as a home occupation, at 1770 Onacrest Curve, subject to: 1. Compliance with the criteria outlined in the Planning Commission Subcommittee Report, except guideline number five. 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. A smoke detector shall be located on the main and basement levels.of the dwelling. 4. A five -pound ABC fire extinguisher shall be wall mounted and readily available to the kitchen area. Commissioner Fischer seconded. Ayes all." C. Councilmember Anderson moved to table this item until the meeting of July 12, 1982 as the applicant is not in attendance at the meeting. Seconded by Councilmember Juker. Ayes - all. 5. Roof Sign - ICO Station a.- Manager Evans presented the staff report. b. Board Member Dean Hedlund presented the following Community Design Review Board recommendation: 'Board Member Hedlund moved the Board recommend approval of the roof sign for Inter- City Oil at 1760 VanDyke Street, based on the findings that: 1. A pole sign will not work due to the buildings proximity to the property line and interference of overhead power lines. 2. The proposed sign would meet size requirements as outlined in the ordinance and would meet the intent of the ordinance compared with any other permitted method of signing. Board Member Phillippi seconded. Ayes all." C. Councilmember Anderson moved to table this item until the meeting of July 12, 1982. - -- - 16 - 6/14 Seconded by Councilmember Juker. - Ayes - all. Mayor Greavu moved to suspend the Rules of Procedures and discuss item J -6 after Item J -8. -- -- Seconded by Councilmember Joker. Ayes - all. 7. Lot Division Appeal - 840 McKnight Road a. Manager Evans presented the staff report. b. Mrs. Julia Engebretson, daughter of the applicant Mrs. Albert Lepsche, stated they wish to appeal to reduce the area to be included in a storm water ponding easement as required as a condition of their lot division. C. Councilmember Anderson moved to approve a new lot division of two lots along McKnight Road and leave the back lot (where the pondinQ. area is) until a later te. (The new lots wo ' by 198' Seconded by Councilmember Juker. Councilmember Bastian moved an amendment dedicating a drainage easement over the west 100 feet of the remaining lot. Motion died for lack of a second. Voting on the original motion: Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Maida. Nays - Councilmember Bastian. 8. H R A Meeting Date and Annual Report a. Manager Evans stated the Housing and Redevelopment Authority requests the City Council schedule a joint meeting. They also presented the 1981 -1982 Annual Report. b. Council accepted the report and scheduled a joint meeting for June 23, 1982 at 7:30 P.M. at the City Hall Annex, 1902 E. County Road B. Councilmember Juker moved to extend the meeting past the deadline. Seconded by Mayor Greavu. Ayes - all. 6. RE Rezoning South of Lower Afton Road a. Manager Evans presented the staff report. b. Councilmember Maida moved to request staff to prepare an over Drotection ordinance and present same to Council by the first meeti Seconded by Mayor Creavu. 9. Tax Forfeited Lands Ayes - all. in 1 a. Councilmember Anderson introduced the following resolution and moved its adoption: - 17 - 6/14 82 -6 -65 WHEREAS, the Board of County Commissioners of Ramsey County by Resolution dated September 26, 1978, classified as non - conservation land, certain land lying within the limits of the City of Maplewood; and WHEREAS, a copy of the classification resolution together with a list of the land classified has been submitted for approval of the classification in accordance with Minnesota Statutes Annotated, Section 282.01, sub. 1; and WHEREAS,. the City of Maplewood has determined that said land is required for drainage purposes; NOW, THEREFORE, BE IT RESOLVED, that said classification of the land shown on said list as non - conservation land is hereby approved; and BE IT FURTHER RESOLVED, that the proper City officials be and hereby are author- ized to make an application for conveyance of said tax forfeited land for drainage purposes; and BE IT FURTHER RESOLVED, that the City Clerk be and hereby is authorized to file a certified copy of this resolution and application for conveyance of said tax forfeited land in the Office of the Land Commissioner. Lands affected: 1. Unplatted Lands - Township 29, Range 22 Subject to Stillwater cutoff and (except the west 642 feet), part of the North Three - Fourths (N 3/4) of the Northwest One- Quarter (NW 4) of the Southwest One- Quarter (SW 4) southerly of the center line of said cutoff and westerly of a line running northwesterly at an angle of 63 degrees 37 minutes with south line of said North Three - Fourths (N 3/4) from point thereon 1038 feet east from the west line of said Northwest One— Quarter (NW 4) of the Southwest One - Quarter (SW 4), all in Section 25, - 57 02510 050.57 2. Sabin Addition to Gladstone Vac alley adjoining and (except the East 15 feet) part northerly of County Road B of Lot 27 and (except the east 15 feet) Lot 5, Block 14 57 67900 050 14 3. Sabin Addition to Gladstone Vacated alley adjoining and part West of the extended West line of Lots 5 and 27 and northerly of County Road B of Block 14 57 67900 060 14 Seconded by Councilmember Bastian. Ayes - all. K. COUNCIL PRESENTATIONS 1. Down Zoning 2. Maplewood Plaza 3. 10 K Race a. Councilmember Bastian moved to table Items K - 1,2 and 3 at this time. Seconded by Mayor Greavu. Ayes - all. - 18 - 6/141 4. Dental Specialties y a. Mr. Dick Notdlund, representing Maplewood Dental Specialties, stated that there — was a revision to the Mortgage Revenue Note that was approved by Council for Maplewood Dental Specialties. It had been approved with a fixed interest when it should have floating interest. b. Councilmember Bastian introduced a resolution revising the Mortgage Revenue Note for the Maplewood Dental Specialties. Seconded by Mayor Greavu. Ayes — ail. L. ADMINISTRATIVE PRESENTATIONS None. M. ADJOURNMENT 10:55 P.M. City Clerk