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HomeMy WebLinkAbout06.28.82MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Thursday, June 28, 1982 Council Chambers, Municipal Building. Meeting No. 82 -15 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 :03 P.M. by Mayor Greavu. B. ROLL CALL C. D. E. John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present MaryLee Maida, Councilmember Present APPROVAL OF MINUTES 1. Minutes No. 82 -12 (May 20, 1982) Councilmember Anderson moved that the Minutes of Meeting No. 82 -12 (May 20, 1982) be approved as submitted. _ Seconded by Councilmember Bastian. Ayes — Councilmembers Anderson, Bastian, Juker and Maida. Mayor Greavu abstained. 2. Minutes No. 82 -13 (June 14, 1982) Councilmember Anderson moved that the — Minutes of Meeting No. 82 -13— (June —14, -1982) be approved as submitted. Seconded by Councilmember Bastian. Ayes — all. 3. Minutes No. 82 -14 (June 17, 1982) Councilmember Bastian moved that the Minutes of Meeting No. 82-14 (June 17, 1982 be approved as submitted. Seconded by Councilmember Maida. APPROVAL OF AGENDA Mayor Greavu moved to approve the 1. City Sign Vandalism 2. A.M.M. 3. Down Zoning Seconded by Councilmember Bastian. CONSENT AGENDA Ayes — all. da as amended: — 1 — Ayes — all. 6/28 Councilmember Maida moved, seconded by Mayor Greavu, Ayes all, to approve the Consent Agenda Item 1 through 4 as recommended: —^ 1. Accounts Payable Approved the accounts (Part I — Fees, Services, Expenses — Check No. 000537 through Check No. 000595 — $238,506.37; Check No. 013405 through Check No. 013567 — $266,103.35: Part II — Payroll Check No. 04158 through Check No. 04283 — $55,299.57) in the amount of $559,909.29. 2. Used Car License (McDaniels) Approved a Used Car Lot License for Maplewood Toyota at 2873 No. Maplewood Drive. 3. Easement Acquisition T.H. 61 Approved the payment of $13,600.00 for perpetual and temporary construction easements for Project 80 -10 to Patrick W. and Donna M. Goff owners of Outlot A,Goff's Maplewood Addition: Permanent 29,340 SF @ $.40 /SF — $11,736.00 Temporary 19,560 SF @ $.095 /SF 1,864.00 $13,600.00 4. 1982 Assessment Hearings 1. Improvement 81 -6 Shade Tree Disease Control Program a. Resolution No. 82 -6 -66 WHEREAS, the City Clerk and City Engineer have presented the final figures for Project 81 -6 Shade Tree Disease Control Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall . file a copy of such proposed assessment in the City office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. b. Resolution No. 82 -6 -67 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for Project No. 81 -6 Shade Tree Disease Control Program 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 22nd day of July, 1982, at the City Hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the — 2 — 6/28 proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time, and place of hearing, the general nature of the improvement, the area proposed to be assessed, that the proposed assessment roll is on file with the Clerk, and that written or oral objections will be considered. 2. Tmprovement.79 -4 English Street Improvements South of County Road C a. Resolution No. 82 -6 -68 WHEREAS, the City Clerk and City Engineer have presented the final figures for the improvement 79 -4 English Street Improvements South of County Road C; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. b. Resolution No. 82 -6 -69 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Project No. 79 -4 English Street Improvements south of County Road C 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 22nd day of July, 1982, at the City Hall at 7:15 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time, and place of hearing, the general nature of the improvement, the area proposed to be assessed, that the proposed assessment roll is on file with the Clerk,and that written or oral objections will be considered. 3. Improvement 78 -20 Brookveiw Drive Storm Sewer a. Resolution No. 82 -6 -70 WHEREAS, the City Clerk and City Engineer have presented the final figures for the improvement 78 -20 Brookview Drive Storm Sewer; — 3 — 6/28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. b. Resolution No. 82 -6 -71 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Project No. 78 -20 Brookview Drive Storm Sewer 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 22nd day of July, 1982, at the City Hall at 7:30 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. - 3. The notice of hearing shall state the date, time, and place of hearing, the general nature of the improvement, the area proposed to be assessed, that the proposed assessment roll is on file with the Clerk, and that written or oral objections will be considered. 4. Improvement 78 -24 Beam Avenue West of T.H. 61 a. Resolution No. 82 -6 -72 WHEREAS,. the City Clerk and City Engineer have presented the final figures for the improvement 78-24 Beam Avenue west of T.H. 61; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the City Clerk and City engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against .every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. b. Resolution No. 82 -6 -73 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Project No. 78 -24 Beam Avenue west of T.H. 61 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: — 4 — 6/28 1. A hearing shall be held on the 22nd day of July, 1982, at the City Hall at 7:45 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the .proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time, and place of hearing, the general nature of the improvement, the area proposed to be assessed, that the proposed assessment roll is on file with the Clerk, and that written or oral objections will be considered. 5. Improvement 78 -9 East Shore Drive Water Improvement a. Resolution No. 82 -6 -74 WHEREAS, the City Clerk and City engineer have presented the final figures for the improvement 78 -9 East Shore Drive Water Improvements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City Clerk and City Engineer shall forthwith calculate the proper amount to spec - ially 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. Resolution No. 82 -6 -75 - WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Project No.. 78 -9 Water Improvements, East Shore Drive 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 22nd day of July, 1982, at the City Hall at 8:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time, and place of hearing, the general nature of the improvement, the area proposed to be assessed, that the proposed assessment roll is on file with the Clerk, and that written or oral objections will be considered. — 5 — 6/28 6. Improvement 8 -14 Keller Parkway Sanitary Sewer a. Resolution No. 82 -6 -76 .WHEREAS, the City Clerk and City Engineer have presented the final figures for the improvement 80 -14 Keller Parkway Sanitary Sewer; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. b. Resolution No. 82 -6 -77 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Project No. 80 -14 Keller Parkway Sanitary Sewer 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 22nd day of July, 1982, at the City Hall at 8:15 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time, and place of hearing, the general nature of the improvement, the area proposed to be assessed, that the proposed assessment roll is on file with the Clerk, and that written or oral objections will be considered. 7. Improvement 79 -15 Southlawn Radatz Improvements a. Resolution No. 82 -6 -78 WHEREAS, the City Clerk and City Engineer have presented the final figures for the improvement 79 -15 Southlawn -- Radatz Improvements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. — 6 — 6/28 b. Resolution No. 82 -6 -79 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Project No. 79 -15 Southlawn -- Radatz Improve- ments 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 22nd day of July, 1982, at the City Hall at 8:30 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time, and place of hearing, the general nature of the improvement, . the area proposed -to be assessed, that the proposed assessment roll is on file with the Clerk, and that written or oral objections will be considered. F. PUBLIC HEARINGS 1. Adolphus Street Assessments 7 :00 P.M. Continuation a. Director of Public Works Ken Haider stated this hearing . had been continued from June 17, 1982 to obtain more information pertaining to the 1/2 to 1 unit ratio being charged 1/2 unit for each apartment dwelling compared to 1 unit per single family dwelling. 'Following further investigation it is recommended the initial calculation of .50 to 1 be maintained. b. Mayor Greavu called for proponents C. Mayor Greavu called for opponents. Jerome Bevy, 1839 Onacrest Loretta Looney, 1985 Jackson Warren Bauer, 453 Laurie Road Elizabeth Olson, 2129 McMenemy Road. None were heard. The following were heard: d. Mayor Greavu closed the public hearing. e. Councilmember Maida introduced the following resolution and moved its adoption: 86 — 6 — 80 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the propsoed assessment for the reconstruction of trunk sanitary sewer as described in the files of the City Clerk as Project No. 81 -4, and has amended such proposed assessment as it deems just: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto — 7 — 6/28 and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment for trunk sanitary sewer reconstruction shall be payable in equal annual installments extending over period of 19 years, the first of the installments to be payable on or after the first Monday in January, 1983, and shall bear interest at the rate of Thirteen (13) percent per annum from September 10, 1982. To the first installment shall be added interest on the entire assessment from September 10, 1982 until December 31, 1982. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits nonabutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota. Statutes Section 420.051, to reimburse the City by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilmember Anderson. Ayes — all. 2. Cricket Inn — Industrial Revenue Note 7 :00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the application of Tanners Lake Partners for an industrial revenue note in the amount of $3,300,000.00 for the acquisition 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 a 115 room Cricket Inn Motel. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. C. A representative from Dougherty and Dawkins, financial advisors, spoke on behalf of the proposal. d. Representatives of Tanners Lake Partners also spoke on behalf of the proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. None . were heard. — 8 — 6/28 g. Mayor Greavu closed the public hearing. h. Councilmember Maida introduced the following resolution and moved its adoption: 82 -6 -81 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 COMMISSIONER OF ENERGY, PLANNING AND DEVELOPMENT 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 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 economi- cally 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 governmental 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 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 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 selec- tive 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 - 9 - 6/28 assist the City in achieving those objectives. The Project will help to increase assessed valuation of the City and surrounding area and help maintain a positive relationship between assessed valuation and debt and enhance the image and reputation of the cocmaunity; (e) The Company is currently engaged in the business of real estate development and management and motel management. The Project to be financed by the Revenue Bonds is a 115 room Cricket Inn motel facility to be located in the City 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 30 additional persons to work within the new facilities; (f) The City has been advised by representa- tives 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 , 1982, a public hearing on the Project was held on , 1982, after notice was published, and materials made available for public inspection at the Maplewood 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; (i) Minnesota Statutes, Section 474.01 has been amended, effective August 1-, 1982, so as to provide that municipalities within the metropolitan area as defined in Minnesota Statutes, Section 473.122 may finance motels and hotels. 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 acqui- sition, construction and equipping of facilities within the City pursuant to Company's specifications 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 sufficient to pay, when due, the - 10 - 6/28 principal of and interest on the Revenue Bonds in the total principal amount of approximately $3,300,000 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.lb of Section 474.02 of the Act as amended; 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 development and use of land within and adjacent to 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 Energy, Planning and Development (the "Commissioner "), and subject to final approval by this Council, Company, and the purchaser of the Revenue Bonds as to the ulti- mate 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 after August 1, 1982 to submit the proposal for the Project to the Conunissioner requesting his approval, and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with such preliminary information as he may require; 5. Company has agreed and it is hereby determined that any and all costs incurred by the City in connection with the financing of the Project whether or not the Project is carried to completion and whether or not approved by the Commissioner; 6. Briggs and Morgan, Professional Association, acting as bond counsel, and Dougherty, Dawkins, Strand & Yost, Inc., investment bankers, are authorized to assist in the preparation and review of necessary documents relating to the Project, to - 11 - 6/28 consult with the City Attorney, Company and the purchaser of the Revenue Bonds as to the maturities, interest rates and other terms and provisions of the Revenue Bonds and as to the covenants and other provisions of the necessary documents and to submit such documents to the Council for final approval; 7. Nothing in this resolution or in the documents pre- pared 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. The City authorizes the issuance of serial or term commercial development revenue bonds only if such bonds are purchased by a financial institution(s) within the meaning of Minnesota Statutes, Section 80A.15 and subject to such other conditions as the City may impose prior to the issuance of such bonds; 9. In anticipation of the approval by the Commissioner, 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 con- siders 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; 10. If construction of the Project is not started within one year from the date hereof, this resolution shall thereafter have no force and effect and the preliminary approval herein granted is withdrawn. Adopted by the City Council of the City of Maplewood, Minnesota, this day of , 1982. - 12 - 6/28 /s/ John C. Greavu Mayor Attest: /s/ Lucille E. Aurelius City Clerk Seconded by Mayor Greavu. Ayes — all. 3. Bodell, Inc. — .Hearing.— Liquor License Violation — 7:15 P.M. a. Mayor Greavu convened the hearing for a public hearing regarding the revocation of the Off Sale Liquor License for Bodell, Inc., 1690 White Bear Avenue for violation of the liquor license ordinances. The Clerk stated the notice of hearing was found to be in order and noted the dates of publication. b. Manager Evans presented the staff report and presented a letter from Bodell's stating they were surrendering their license and going out of business. 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 revoke the Off Sale Liquor License of Bodell, Inc. - -- Seconded by Councilmember Juker. Councilmember Anderson withdrew his motion. g. Councilmember Bastian moved to forfeit the bond of Bodell's, Inc. based on the — findings of a long history of violations of City Ordinances and State Statutes.^ Seconded by Councilmember Anderson. Ayes - all. h. Councilmember Anderson moved to revoke the Off Sale intoxicating liquor license held by Bodell, Inc., 1690 White Bear Avenue, based on repeated violations of state statute and City ordinance. Seconded by Councilmember Juker. Ayes — all. G. AWARD OF BIDS 1. Insurance a. Manager Evans presented the staff report and stated he concurred with the recom- mendation of the Agents Insurance Committee that the present insurance policies be renewed for one year with the League of Minnesota Cities Insurance Trust. A representative of the committee will be at the Council meeting to answer questions. b. Mayor Greavu moved to renew for one year the present insurance policies for — 13 — 6/28 workers compensation, auto and liability coverages- with the League of Minnesota - Cities Insurance trust for the following - amounts: Property $11,046 Liability 21,002 Auto 19,359 Bond 640 Sub Total 52,047 Worker's Comp. 77,305 $129,352 Seconded by Councilmember Maida. Ayes - all. H. UNFINISHED BUSINESS 1. Rescinding of Diseased Shade Tree Ordinance a. Manager Evans stated Ordinance No. 358 of the City of Maplewood requires certain actions on the part of staff, as well as residents of the City. Lack of funding for the 1982 program prevents proper conduct of the program, therefore, placing staff in the position of not complying with the ordinance. It is recommended that the ordinance be rescinded. b. No action taken. 2. Plan Update a. Manager Evans stated that the Council had voted to reconsider the action to approve the Comprehensive Plan Update. b. Following discussion, Councilmember Anderson moved that the west side of White Bear Avenue from Larpenteur Avenue to Frost Avenue remain residential. `^ Seconded by Councilmember Joker. Ayes - all. c. Councilmember Bastian moved to approve the Comprehensive Plan Update as amended. Seconded by Councilmember Maida. Ayes - all. F. PUBLIC HEARINGS (continued) 4. a. Special Use Permit - Frattalone Excavating, Inc. b. Variance - Frattalone Excavating, Inc. 7:45 P.M. 1. Mayor Greavu convened the meeting for a public hearing regarding the request of F.M. Frattalone Excavating, Inc. for a special use permit and three variances to excavate dirt from the site at Highway 61 and Beam Avenue. The Clerk stated the hearing notices were found to be in order and noted the dates of publication. 2. Manager Evans presented the staff report with the following recommendations: I. Approval of a special use permit for mineral extraction, subject to the following conditions: - 14 - 6/28 A. Adherence to the requirements and standards set forth in Section 9.17 (Mineral Extraction) of the City Code. - B. County Road D or Highway 61 be used exclusively for access to the subject site. C. In accordance with Section 917.060 (4), annual mineral extraction permits must be obtained from the City Engineer. 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, quantity of material to be removed, and specific erosion control measures. D. All excavation shall be in accordance with each year's approved plan. No deviations shall be allowed without prior approval from the City Engineer.. E. There shall be no explosive detonations of any kind on the site. F. 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. G. A variance be granted allowing operation beyond the 30 —foot zone established in Section 917.070 (2 D) of City Code. If the variance is not granted, grading operations must comply with the above Code by ceasing 30 feet from property liners. H. The permit holder is responsible for acquiring any permits from other agencies. I. All grading shall be in accordance with the approved grading plan prepared by Harry S. Johnson Companies, Inc., received April 28, 1982. II. Approval of the three variances on the basis that: A. The site is not adjacent to developed property with established grades. B. The owners intend to construct energy efficient earth — sheltered structures. The steeper slopes (2:1) are necessary for this type of development. C. Erosion control techniques will be required to stablize soils during and after mining operations. 3. The following Planning Commission recommendation was given: "Commissioner Kishel moved the Planning Commission recommend to the City Council the approval of a special use permit for mineral extraction, subject to the following conditions: 1. Adherence to the requirements and standards set forth in Section 917 (Mineral Extraction) of the City Code. 2. County Road D or Highway 61 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 — 15 — 6/28 operation shall be approved by the City Engineer. Annual permits shall designate the area, total acreage to be excavated, quantity of material tobe - removed, and specific erosion control measures. 4. All excavation shall be in accordance with each years 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 established in Section 917.070 (2 D) of City Code. If the variance is not granted, grading operations must comply with the above Code by ceasing 30 feet from property lines. - 8. The permit holder is responsible for acquiring any permits from other agencies. 9. All grading shall be in accordance with the approved grading plan prepared by Harry S. Johnson Companies, Inc. received April 28, 1982. Commissioner Sletten seconded. Ayes — Commissioners Fischer, Howard, Kishel, Prew, Sletten, Whitcomb, Ellefson. Abstained — Commissioner Barrett Commissioner ICishel moved the Planning Commission recommend approval of the three variances on the basis that: 1. The site is not adjacent to developed property with established grades. 2. The owners intend to construct energy efficient earth — sheltered structures. The steeper slopes (2:1) are necessary for this type of development. 3. Erosion control techniques will be required to stabilize soils during and after mining operations. Commissioner Sletten seconded. Ayes — Commissioners Fischer, Howard, Kishel, Prew, Sletten, Whitcomb, Ellefson Abstained — Commissioner Barrett" 4. Mayor Greavu called for proponents. None were heard. 5. Mayor Greavu called for opponents. None were heard. 6. Mayor Greavu closed the public hearing. 7. Councilmember Anderson moved to approve the special use permit as requested by Frattalone Excavating, Inc. for mineral excavation subject to the conditions given by staff and the Planning Commission. Seconded by Councilmember Maids. Ayes — all. 8. Councilmember Bastian moved to approve the three variances as requested by Frattalone Excavating, Inc. —For miner —al— excavation subject to tFe conait'ions- - 16 — 6/28 iven by staff and the Plannine Commission. Seconded by Councilmember Anderson. Ayes — all. 5. PUD /Plat— Adrienne's Addition a. Mayor Greavu convened the meeting for a public hearing regarding the request of Castle Design and Development to revise the Linwood Heights Planned Unit Develop- ment to include the proposed Adrienne's Addition preliminary plat for (10) ten townhouse units. 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. Commissioner Duane Prew presented the following Planning Commission recommendation: "Commissioner Fischer moved the Planning Commission recommend the City Council revise the Linwood Heights Planned Unit Development to include Adrienne's Addition, subject to the Community Design Review Board making a finding that the proposed townhouses will be of a scale, design, and location that is compatible with single dwellings located on adjacent property. Commissioner Sletten seconded. Ayes — Commissioners Barrett, Fischer, Howard, Kishel, Prew, Sletten, Whitcomb, Ellefson. Commissioner Fischer moved the Planning Commission recommend the City Council approve the Adrienne's Addition Preliminary Plat, subject to: 1. Revision of the Linwood Heights PUD to include Adrienne's Addition. 2. Revision of the Linwood Heights homeowner's association bylaws and rules, as appropriate, to include Adrienne's Addition. These changes shall be approved by City staff to insure that all common areas will be maintained and that access can be gained to all public improvements. 3. Footings shall be pinned by registered surveyor before the foundation is laid to assure that party walls will be constructed exactly on common lines, or foun- dations must be constructed and surveyed before submitting a final plat. 4. City engineer's approval of an erosion control plan before building permits are issued for Adrienne's Addition. 5. The developer's agreement for the Linwood Heights Development shall apply to Adrienne's Addition, with specific regard to soil stabilization following the completion of Dorland Road. Commissioner Sletten seconded. Ayes — Commissioners Barrett, Fischer, Howard, Kishel, Prew, Sletten, Whitcomb, Ellefson" d. Mr. Ken Gervais, Castle Design and Development Company, Inc., spoke on behalf of the proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. — 17 — 6/28 h. Mayor Greavu moved to appr Development to include Adrienn to the following conditions: the revision of the Linwood Heights Planned Unit Addition of the ten (10) townhouse units subject I. Revise the Linwood Heights Planned Unit Development to include Adrienne's Addition, subject to: The Community Design Review Board making a finding that the proposed townhouses will be of a scale, design, and location that is compatible with single dwellings located on adjacent property. II. Approve the Adrienne's Addition Preliminary Plat, subject to: A. Revision of the Linwood Heights PUD to include Adrienne's Addition. B. Revision of the Linwood Heights home owner's association bylaws and rules, as appropriate, to include Adrienne's Addition. These changes shall be approved by City staff to insure that all common areas will be maintained and that access can be gained to all public improvements. C. Footings shall be pinned by registered surveyor before the foundation is laid to assure that party walls will be constructed exactly on common lines, or foundations must be constructed and surveyed before submitting a -final plat. D. City Engineer's approval of an erosion control plan before building permits are issued for Adrienne's Addition. E. The developer's agreement for the Linwood Heights Development shall apply to Adrienne's Addition, with specific regard to soil stabilization following the completion of Dorland Road. Seconded by Councilmember Bastian. Ayes - all. 6. Mobile Homes - R -1 Zone 8:30 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the proposal to amend the zoning code to establish a minimum building width and permanent foun- dations for structures constructed in an R -1 zoning district. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. C. Commissioner Duane Prow presented the following Planning Commission recommendation: "Commissioner Barrett moved the Planning Commission recommend to the City Council approval of the proposed ordinance included in the staff report dated June 2, 1982, which restricts building width and has a foundation requirement. Commissioner Kishel seconded. Ayes - Commissioners Ellefson, Fischer, Howard, Barrett, Kishel, Prow, Sletten, Whitcomb." 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. - 18 - 6/28 g. Councilmember Juker moved first reading - of an ordinance amending the zoning - code to establish building width and foundation requirements in an R -1 Zoning District. Seconded by Councilmember Bastian.. Ayes - all. I. VISITOR PRESENTATIONS None. J. NEW BUSINES 1. Code Amendment -- Metal Buildings - 1st Reading a. .Manager Evans stated the City Council on May 20, 1982 directed staff to prepare an ordinance amendment prohibiting the erection of any new metal pole buildings in Maplewood and to restrict the construction of buildings with metal exteriors to M -1, Light Manufacturing, M -2, Heavy Manufacturing and B.C. Business Commercial districts. b. Board Member Tom Deans, Community Design Review Board, presented his views on the proposal. C. Councilmember Anderson moved first reading of an ordinance regulating the construct- ion of metal pole buildings. Seconded by Councilmember Juker. Ayes - all. 2. Soo Line Abandonment a. Manager Evans stated -a committee of staff people, representing Maplewood, St. Paul, Oakdale, North St. Paul, Ramsey County, Washington County, DNR, MnDOT, and Metropolitan Council, have been meeting over the last few months to discuss the feasibility of acquiring all or part of the Soo Line Railroad right -of -way for a bike trail. A task force is needed to negotiate with the railroad and develop a financing plan to pay for the right -of -way. The first meeting of the task force will be on June 30 from 4:30 to 6:00 p.m. A representative from Maplewood should be appointed. b. Councilmember Maida moved to appoint City Manager Barry Evans to the task force to negotiate with the Soo Line railroad to develop a financing plan to pay for the right -of -way. Seconded by Mayor Greavu Ayes - all. 3. Code Amendment - Board of Adjustments - First Reading a. Manager Evans stated the Council, on May 20, directed staff to prepare an ord- inance amendment replacing the Board of Appeals and Adjustments with the City Council. b. Councilmember Bastian moved to approve first reading of an ordinance replacinRthe- Board of Appeals and Adjustments with the City Council. Seconded by Councilmember Anderson. Ayes - all. 4. H.R.A. Housing Program - 19 - 6/28 a. Manager Evans presented the staff report. b. Mr. Stan Keel, Holmes and Graven, spoke and answered questions from the Council. C. Councilmember Bastian moved concept approval of the HR_A_Housing program as pre- sented to assist moderate income older adults and first time home buyers secure housing that meets their needs and to authorize —a market feasibility study for the __ — proposal subject to the following— recommendations:_ I. Concept approval of housing program which includes the following elements: A. Construction of from 100 -125 new housing (condominium or cooperative) for moderate income older adults through tax increment financing. B. Study the possibility of relying on theMHFA's tax exempt housing revenue bonding authority to assist first —time home buyers purchase homes in Maplewood which are presently occupied by moderate income older adults. If not feas- ible to rely on MHFA monies, pursue the feasibility of Maplewood sponsoring the issue. II. Authorize a $4000 expenditure from the City's contingency fund to Gary Solomonson Associates for the preparation of a market feasibility study for the HRA's seniors/ first —time home buyers housing proposal, subject to: A. Confirmation that Gary Solomonson Associates' work is recognized by Standard and Poors. B. An agreement being secured with each developer that, if selected, they will pay the costs of both phases of the feasibility study. C. Written confirmation from Gary Solomonson Associates that both phases of the market feasibility study can be completed by August 2, 1982. III. City Manager or Finance Officer shall contact the School District for joint contributions. Seconded by Councilmember Anderson. Ayes — all. K. COUNCIL PRESENTATIONS 1. City Sign Vandalism a. Councilmember Bastian questioned what had happened to the City's Maple Leaf on the front of City Hall. b. Staff stated the sign is being repainted and is not finished yet. 2. .Association of Metropolitan Municipalities a. Councilmember Bastian questioned if the City had paid the annual dues for this organization.. b. Staff will investigate.. 3. Down Zoning — 20 — 6/28 a. Councilmember Bastian stated at the corner of Larpenteur and Jackson the property is zoned high density in the middle of residential zoning. He questioned if there are other areas such as this one in the City, if so can these properties be down zoned. He also is concerned about the use of school property which are being closed at this time, particularily Harmony School. b. Councilmember Bastian moved that the Planning Commission begin to investigate the down zone questions and report back to the Council regarding this and also new zones that the Planning Commission would find desirable. Seconded by Councilmember Anderson. Ayes — all. L. ADMINISTRATIVE PRESENTATIONS None. M. ADJOURNMENT 9:40 P.M. City Clerk — 21 — 6/28 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Minnesota, was duly called and held in the Council Chambers in said City on the 28th day of June, 1982, at 7:00 P.M. The following members were present: Mayor Greavu Councilmembers Anderson, Bastian, Juker, Maida The following members were absent: None Councilmember Bastian introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE COMPREHENSIVE PLAN UPDATE 82 -6 -81A WHEREAS, the Metropolitan Lan Planning Act, Minnesota Statutes, Section 473.851- 473.872, requires that the City of Maplewood prepare and submit a comprehensive plan to the Metropolitan Council; and WHEREAS, the Planning Commission approved the Plan Update on April 6, 1981; and WHEREAS, the Planning Commission approved amendments on July 20, September 21, and October 5, 1981; and WHEREAS, the Planning Commission approved further amendments on March 15, April 5 and April 19, 1982; and WHEREAS, the Metropolitan Council reviewed the Plan on February 11, 1982; and WHEREAS, all requirements of the Metropolitan Land Planning Act have been met; NOW, THEREFORE, does the City Council approve the Comprehensive Plan Update as amended, including the 1979 Barton Aschman Study and the 1980 Sewer Plan. Seconded by Councilmember Maida Ayes all Adopted this 28th day of June, 1982. STATE OF MINNESOTA ) COUNTY OF RAMSEY ) SS. CITY OF MAPLEWOOD ) I, the undersigned, beinq the duly qualified and appointed Clerk of the City of Maplewood, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City of Maplewood, held on the 28th day of June, 1982, with the original on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to the Comprehensive Plan Update. Witness my hand as such Clerk and the corporate seal of the City this 29th day of December, 1982. City Clerk City of Maplewood, Minnesota