HomeMy WebLinkAbout08.23.82MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, August 23, 1982
Council Chambers, Municipal Building
Meeting No. 82 -23
A. CALL —TO —ORDER
A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council
Chambers, Municipal Building and was called to order at 7:01 P.M. by Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
Frances L. Juker, Councilmember Present
MaryLee Maida, Councilmember Present
C. APPROVAL OF MINUTES —
1. Minutes No. 82 -20 (August 9, 1982)
Mayor Greavu moved to approve the Minutes of Meeting No. 8220 (August 9,1982) as
corrected:
Page 51: Item K —lb — Councilmember Juker will compile a recommendation of what building
and site plans the Council should become involved.
Page 6and 51 "Meeting Announcement"
Seconded by Councilmember Bastian. Ayes — all.
2. Minutes No. 82 -21 (August 11, 1982)
Councilmember Anderson moved to approve the Minutes of Meeting No. 82 -21 (August 11,
1982) as submitted.
Seconded by Councilmember Bastian. Ayes — all.
D_-- APPROVAL OF AGENDA—
Mayor Greavu moved to approve the Agenda as amended:
1. Lower Afton and McKnight Road
2. Brookview Drive
3. Reconsideration
4. 25th Anniversary
5. Mayor /Council Dinner
6. Maplewood 25th Anniversary Race
Seconded by Councilmember Bastian. Ayes — all.
CONSENT. AGENDA
Council removed item E -4 to become Item I -6.
— 1 — 8/23
Mayor Greavu moved, seconded by Councilmember Anderson 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. 000769 through
Check No. 000809 — $103,782.74; Check No. 013954 through Check No. 014102 — $97,692.02;
Check No. 000759 through Check No. 000768 — $11,748.62: Part II — Payroll — Check
No. 04668 through Check No.04792 — $46,473.36) in the amount of $269,686.74.
2. Acceptance to Donations
Accepted the following donations and forwarded a letter of appreciation:
Maplewood Coin Club — $100.00 for the Heritage Center improvement of the parking lot.
Loyal Order of Moose Lodge No. 963 — $200.00 to be used for the Happy Wanderer Puppet
Wagon.
3. Final Approval
Resolution No. 82 -8 -110
RESOLUTION RELATING TO A $950,000
COMMERCIAL DEVELOPMENT REVENUE NOTE;
AUTHORIZING THE ISSUANCE THEREOF PURSUANT
TO MINNESOTA STATUTES, CHAPTER 474
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows:
Section 1. Definitions.
1.01. In this Resolution the following terms have the following respective meanings
unless the context hereof or use herein clearly requires otherwise:
Act: the Minnesota Municipal Industrial Development Act, Minnesota Statutes,
Chapter 474, as amended;
Assignment: the Assignment of Rents and Leases to be given by the Partnership
to the Lender;
City: the City of Maplewood, Minnesota, its successors and assigns;
Guarantors: Richard J. Schreier and Patricia A. Schreier, individuals residing
in the State of Minnesota;
Guaranty: The Guaranty to be given by the Guarantors to the Lender;
Holder: any holder of the Note;
Improvements: the approximately 33,060 square foot shopping center and related
facilities and improvements acquired and constructed on the Land by the Partnership
in accordance with the terms of the Loan Agreement;
Land: the real estate located in the County of Ramsey, State of Minnesota, and
legally described in Exhibit A to the Mortgage;
Lender: Unionmutual Stock Life Insurance Co. of America, a Maine corporation,
its successors and assigns;
— 2 — 8/23
Loan Aqreement: the Loan Agreement to be entered
into between the City and the Partnership;
Mortgage: the Combination Mortgage and_Security
Agreement and Fixture Financing Statement to-be
entered into between the Partnership, as mortgagor,
and the Lender, as mortgagee;
Note: the $950,000 Commercial Development
Revenue Note (Maplewood East Associates Project) to be
issued by the City pursuant to this Resolution;
Orqanizational Documents: the following
documents, each of which shall be in form and
substance acceptable to the Lender:
(i) A copy of the Partnership Agreement of the
Partnership, certified by a partner.
(ii) An opinion or opinions of counsel reasonably
acceptable to the Lender indicating that
each of the documents referred to in Section
3.03 of this ?: esolution have been duly
executed and delivered and are legal and
binding obligations of the Partnership, the
Guarantors and the City, as the case may be,
enforceable in accordance with their terms.
Partnership: Maplewood East Associates, a
Minnesota general partnership, and its permitted
successors and assigns;
Pledge Aqreement: the Pledge Agreement to be
given by the City to the Lender;
Project: the Land and the Improvements, as they
may at any time exist;
Project Costs: those costs defined as Project
Costs in Section 1.01 of the Loan Agreement;
solution: this resolution of the City; and
Title: Commonwealth Land Title Insurance
Company, through its agent, Title Services, Inc.
Section 2. Findings. It is hereby fouryd and
declared that:
(a) based upon representations made to-the City
by representatives of the Partnership as to the nature
of the Project, the real property and improvements
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described in the Loan Agreement and the Mortgage
comprising the Project constitute a project authorized
by the Act;
(b) the purpose of the Project is, and the
effect thereof will be, to promote the public welfare
by the attraction, encouragement and development of
economically sound industry and commerce so as to
prevent the emergence of or to rehabilitate,-so far as
possible, blighted and marginal lands and areas of
chronic unemployment; the retention of industry to use
the available resources of the community in order to
retain the benefit of its existing investment in
educational and public service facilities; halting the
movement of talented, educated personnel of mature age
to other areas and thus preserving the economic and
human resources needed as a base for providing
governmental services and facilities; and more
intensive development of land available in the
community to provide an adequate and better balanced
tax base to finance the increase in the amount and
cost of governmental services;
(c) the Improvements when completed will add to
the tax base of the City, and will accordingly be of
direct benefit to the taxpayers of the City as well as
those of the County of Ramsey and the school district
in which the City is located;
(d) the Project has been approved by the
Department of Energy, Planning and Development of the
State of Minnesota;
(e) the financing of the acquisition and
construction of the Project, the issuance and sale of
the Note, the execution and delivery of the Loan
Agreement and the Pledge Agreement, and the
performance of all covenants and agreements of the
City contained in the Note, the Loan Agreement and the
Pledge Agreement and of all other acts and things
required under the Constitution and laws of the State
of Minnesota to make the Notc, the Loan Agreement and
the Pledge Agreement valid and binding obligations of
the City in accordance with their terms, are
authorized by the Act;
(f) it is desirable that the Note in the amount
of $950,000 be issued by the City upon the terms set
forth herein, and that the City pledge its interest'.in
the Loan Agreement and grant a security intefest
therein to the Lender as security for the payment of
the principal of, premium and late charges, if any,
and interest on the Note pursuant to the Pledge
Agreement;
- 4 - 8/23
(g) the loan payments contained in the Loan
Agreement are fixed, and required to be revised from
time to time as necessary, so as to produce income and
revenue sufficient to provide for prompt payment of
principal of, premium and late charges, if any, and
interest on the Note when due, and the Loan Agreement
also provides that the Partnership is required to pay
all expenses of the operation and maintenance of the
Project, including, but without limitation, adequate
insurance thereon and all taxes and special.
assessments levied upon or with respect to the Project
and payable during the term of the Loan Agreement; and
(h) under the provisions of Minnesota Statutes,
Section 474.10, the Note is not to be payable from nor
charged upon any funds of the City other than the
revenue pledged to the payment thereof; the City is
not subject to any liability thereon; no Holder of the
Note shall ever have the right to compel any exercise
of the taxing power of the City to pay the Note or the
interest thereon, nor to enforce payment thereof
against any property of the City other than those
rights and interests of the City under the Loan
Agreement which have been pledged to the Lender by the
Pledge Agreement; the Note shall not constitute a
charge, lien or encumbrance, legal or equitable, upon
any property of the City other than those rights and
interests of the City under the Loan Agreement which
have been pledged to the Lender by the Pledge
Agreement; and the Note shall recite that the Note,
including interest thereon, is payable solely from the
revenue pledged to the payment thereof and shall not
constitute a debt of the City within the meaning of
any constitutional or statutory limitation.
Section 3. Authorization and Sale.
3.01. Authorization. The City is authorized by
the Act to issue revenue bonds and loan the proceeds
thereof to business enterprises to finance the acquisition
and construction of "projects ", as defined in the Act, and
to make all contracts, execute all instruments and do all
things necessary or convenient in the exercise of such
authority.
3.02. Preliminary City Aooroval. By preliminary
resolution duly adopted by the Council on October 1, 1981,
after a public hearing held on that date, this Council
approved the sale of a revenue obligation pursuant to the
Act and the loan of the proceeds to the Partnership for
the acquisition and construction of the Project suitable
and designed for use as a shopping center and authorized
the preparation of such documents as may be appropriate to
the Project.
- 5 -
8/23
3.03. Approval of Documents. Pursuant to the
foregoing, there have been prepared and ,presented to the
Council copies of the following documents, all of which
are now, or shall be, placed on file in the office of the
City Clerk:
(a) Assignment;
(b) Guaranty;
(c) Loan Agreement;
(d) Mortgage; and
(e) Pledge Agreement.
The forms of the documents listed in (a) through (e) above
are approved, with such variations, insertions and
additions as are deemed appropriate by the parties and
approved by the City Attorney.
Section 4. Authorizations. Upon the completion
of the Loan Agreement and the Pledge Agreement approved in
Section 3.03 hereof and the execution thereof by the
Partnership and the Lender, as the case may be, the Mayor
and the City Clerk shall execute the same on behalf of the
City and shall execute the Note in substantially the fgrm
approved in paragraph 5.01 hereof on behalf of the City,
and shall execute such other certifications, documents or
instruments.as bond counsel or counsel for the Lender
shall require, subject to the approval of the City
Attorney, and all certifications, recitals and
representations therein shall constitute the
certifications, recitals and representations of the City.
Execution of any instrument or document by one or more
appropriate officers of the City shall constitute, and
shall be deemed the conclusive evidence of, the approval
and authorization by the City and the Council of the
instrument or document so executed.
Section 5. The Note.
5.01. Form and Authorized Amount. The Note
shall be issued substantially in the form presented to the
Council and .set forth as Exhibit A to this Pesolution with
such appropriate variations, omissions and insertions as
are permitted or reauired by this Resolution, in`the total
principal amount of $950,000. The terms of the Note are
set forth therein, and such terms, including but =not
limited to provisions as to interest rate, dates and
amount of payment of principal and interest and prepayment
privileges, are incorporated by reference herein. .
- 6 - 8/23
5.02. Execution. The Note shall be executed on
behalf of the City by the signatures of the Mayor and the
City Clerk and shall be sealed with its corporate seal.
In case any officer whose signature shall appear on the
Note shall cease to be such officer before the delivery
thereof, such signature shall nevertheless be va -lid and
sufficient for all purposes.
5.03. Mutilated, Lost and Destroyed Note. In
case the Note shall become mutilated or be destroyed or
lost, the City shall cause to be executed and delivered a
new Note of like outstanding principal amount and tenor in
exchange and substitution for and upon cancellation of the
mutilated Note, or in lieu of and in substitution for such
Note destroyed or lost, upon the Holder's paying the
reasonable expenses and charges of the City in connection
therewith, and, in case the Note is destroyed or lost, its
filing with the City evidence satisfactory to it of such
loss or destruction.
5.04. Registration. The Note shall be
registered on the books of the City, subject to the
conditions set forth in the form of the Note attached
hereto as Exhibit A.
5.05. Delivery and Use of Proceeds. Prior to
delivery of the Note, the documents referred to in Section
3.03 hereof shall be completed and executed in form and
substance as approved by the City Attorney and an
original, executed counterpart of each such document shall
be delivered to the Lender, together with the
organizational Documents. The City shall thereupon
deliver to the Lender the Note in the total principal
amount of $950,000, together with a copy, duly certified
by the City Clerk, of this Resolution and such closing
certificates as are required by bond counsel.
Upon delivery of the Note and the above items to
the Lender, the Lender shall, on behalf of the City,
disburse the proceeds of the Note to the Partnership in
reimbursement of, or to its order for payment of, Project
Costs pursuant to the provisions of the Loan Agreement.
The Partnership shall provide the City with a full
accounting of all funds disbursed for Project Costs.
5.06. Limitation on Note Transfers. The Note
shall be issued without registration under state or other
securities laws, pursuant to an exemption for such
issuance; and accordingly the Note may not be assigned or
transferred in whole or part, nor may a participation
interest in the Note be given pursuant to any -
participation agreement, except in accordance with an
applicable exemption from such registration requirement.
- 7 - 8/23
5.07. Construction Fund. There shall be
established with Title a Construction Fund to be held by
Title as a separate account of the City as provided in the
Loan Agreement. Upon delivery of the Note to Lender, the
undisbursed proceeds of the Note shall be credited to the
Construction Fund held by Title on behalf of the:City, at
which time the entire principal amount of the Note shall
be deemed advanced, and the Lender shall, on behalf of the
City, disburse funds from the Construction Fund for
payment of Project Costs upon receipt of such supporting
documentation as the Lender may deem reasonably necessary,
including compliance with the provisions of the Loan
Agreement. The Lender or Partnership shall provide the
City with a full accounting of all funds disbursed for
Project Costs.
Any surplus in the Construction Fund shall be
applied towards the prepayment of the Note as provided in
the Loan Agreement and shall not be invested to produce a
yield greater than the yield on the Note, as required by
Internal Revenue Service Revenue Procedure 79 -5, Revenue
Procedure 61 -22 and 26 CFR 601.201 (and any subsequent
amendments,.modifications or replacements thereof);
provided that, if the Lender receives an opinion of bond
counsel that the exemption from federal income taxation of
interest on the Note will.not be jeopardized, the surplus
funds may be invested at a yield greater than the yield on
the Note.
Section 6. Limitations of the City's
Obligations. Notwithstanding anything contained in the
Note, the Loan Agreement or the Pledge Agreement or any
other documents referred to in Section 3.03 hereof, the
Note shall not constitute a debt of the City within the
meaning of any constitutional or statutory limitation, and
shall not be payable from nor charged upon any funds other
than the revenue pledged to the payment thereof, and the
City shall not be subject to any liability thereon, and no
Holder of the Note shall ever have the right to compel any
exercise of the taxing power of the City to pay the Note
or the interest thereon, or to enforce payment thereof
against any property of the City other than those rights
and interests of the City under the Loan Agreement which
have been pledged to the Lender by the Pledge Agreement,
and the Note shall not constitute a charge, lien or
encumbrance, legal or equitable, upon any propert., of the
City other than those rights and interests of the City
under the Loan Agreement which have been pledged to the
Lender by the Pledge Agreement. The agreement of the City
to perform the covenants and other provisions contained in
this Resolution or the Note, the Loan Agreement gr the
Pledge Agreement and the other documents listed in Section
3.03 hereof shall be subject at all times to the
availability of revenues furnished by the Partnership
sufficient to pay all costs of such performance or the
enforcement thereof, and the City shall not be subject to
any personal or pecuniary liability thereon other than as
stated above.
- 8 - 8/23
F. PUBLIC HEARINGS
1. Special Use Permit: 1960 Ide Street 7:00 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Mr. John Mastel, 1960 Ide Street, for a special use permit to expand a residential
use by moving a garage onto property zoned Limited Business Commercial.. 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 Prew presented the following Planning Commission recommendation:
"Commissioner Barrett moved the Planning Commission recommend approval of a special
use permit to allow the nonconforming single — dwelling use at 1960 Ide Street to
be expanded to include a garage. The basis for approval is that the expansion
of this use will not be significant enough to discourage development of the parcel
as zoned and planned.
Commissioner Kishel seconded. Ayes — Commissioners Barrett, Ellefson, Fischer,
Howard, Kishel, Prew, Sletten, Whitcomb."
d. Mr. John Mastel, the applicant, spoke on behalf of his request.
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.
h. Mayor Greavu move
use permit to allow
to be expanded to inc
sion of this use will
parcel as zoned and p
d to annrove the
ude a garage.
not be sienif
nest of Mr. John Mastel for a special
ngle dwelling use at 1960 Ide Street _
basis for the anoroval is that the exoan-
Seconded by Councilmember Maida. Ayes — all.
G. AWARD OF BIDS
2. Sale of Old Vehicles
a. Manager Evans presented the staff report.
b. Councilmember Bastian introduced the following resolution and moved its adoption:
82 -8 -111
p BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid
of Walter Geissler in the amount of $1401.51 is the highest responsible bidder
for the purchase of one 1979 Buick LeSabre (Surplus Police Vehicle) and the proper
City officials are hereby authorized and directed to enter into a contract with
said bidder for and on behalf of the City.
Seconded by Councilmember Bastian. Ayes — all.
H. UNFINISHED BUSINESS
9 — 8/23
- 1. Code Amendment: Home Occupation
a. Manager Evans presented the staff report.
b. Councilmember Anderson introduced the following ordinance -and moved its adoption:
ORDINANCE NO. 520
AN ORDINANCE AMENDING CHAPTERS 904 AND 916 OF THE MAPLEWOOD
MUNICIPAL CODE RELATING TO HOME OCCUPATIONS
THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 916.010 (Definitions) is hereby amended to include the following
subsection:
21. Home Occupation. Any gainful occupation engaged in by an occupant of a dwelling
unit, where the occupation is secondary to the main use of the premises as a
residence. Such occupation may be conducted within a dwelling unit or accessory
structure.
Section 2. Section 904.010 is hereby amended as follows (language to be deleted is
crossed out, language to be added is underlined):
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4. a. Home occupations shall require a special exception permit for any of the follow -
ing activities which would occur more than thirty days each year:
1. Employment of any person not residing onthe-premises
2. Customers visiting the premises
3. Manufacture of projects on the premises
4. A vehicle(s) used in the home occ
which exceeds a one -ton Davload c
ion, and parked on the premises
Home occupations which do not involve any of these activities may be permitted
without a permit.
b. Home occupations requiring a permit shall be subject to, but not limited to,
the following requirements:
1. Not more than oneperson, other than members of the family residing on-
the premises, shall be allowed to engage in such occupation.
2. An area equivalent to no more than 20% of each level of the dwelli
unit floor area shall be used in the conduct of a home occupation.
3. There shall be no change in the outside appearance of the building or
- 10 - 8/23
sea, that would indicate the conduct of a home occupation, o
one sign meeting the requirements of the city sign code.
of products produced off —site may be permitted,
nate to the principal activity(ies) of the home
occupation.
5. No traffic shall be generated by a home occupa
than would normally_be expected in a residenti
for off— street parking shall not exceed more t
spaces for home occupation at any given time,
spaces required by the resident occupants.
6. No equipment or process shall be used in such
n in greater volumes _
neighborhood. The need
three off — street parki
addition to the parking
ccupation which creates
noise, vibration, glare, fumes, odors or electrical interference detect-
able to the normal senses off the lot. In the case of electrical inter-
ference, no equipment or process shall be used which creates visual or
audible interference in any radio or television receivers off the premises,
or causes fluctuations_ in line voltage off the premises.
7. No fire, safety or health hazard shall exist.
8. A home occupation shall not include the repair of internal
engines, body shops. machine shoos. welding. ammunition manufacturing
Machine shops
ng machines t
or other objectionable uses as determined by the C
are defined as places where raw metal is fabricate
operate on more than 120 volts of current.
9. Any violation of these requirements shall result in the denial or revocation
of the home. occupation.
10. The City may waive any of these requirements if the home occupation is
located at least 350 feet from an adjoining residential use.
11. Approval shall be for a— period not to exceed one year. Renewal shall
be subject to the provisions of Section 826 of the City licensing code. —
Section 3. Section 904.010 is hereby amended to renumber subsections 6 and 7
to subsections 5 and 6.
Section 4. This ordinance shall take effect and be in force from and after its
passage and publication, as provided by law.
Seconded by Councilmember Juker. Ayes — all.
C. Councilmember Anderson introduced the following ordinance and moved its adoption:
,ORDINANCE NO. 521
s
AN ORDINANCE AMENDING CHAPTER 826 OF THE MAPLEWOOD MUNICIPAL CODE
RELATING TO LICENSING HOME OCCUPATIONS
Section 1. The licensing Code of the City of Maplewood is amended to add Chapter
826.
826. HOME OCCUPATIONS
— 11 — 8/23
826.010. ORIGINAL APPROVAL. Original approval of a home occupation shall be granted
by special exception permit, in accordance with the provisions of Section
904.010 (4a) and (4b) of the Zoning Code.
826.020. RENEWAL. A license shall be secured from the City Clerk, annually in the
month of January, to continue operation of a home occupation, once original
approval is granted, including approvals granted prior to the enactment
of this ordinance.
826.030. LICENSE REVOCATION. The City Clerk may revoke or refuse to renew a home
occupation license where there is evidence of noncompliance with the condit-
ions of the original approval.
826.040. APPEAL. The owner or his assign of a home occupation who is denied a license
renewal, may appeal the City Clerk's decision to the City Council. To request
an appeal, the owner of this home occupation must submit a written letter
of request to the City Clerk, within thirty days of the license revocation
or nonrenewal.
Section 2. This ordinance shall take effect and be in force from and after its
passage and publication, as provided by law.
Seconded by Councilmember Juker. Ayes - all.
d. Councilmember Anderson moved to authorize staff to reinstate a $30.00 fee
for home occupation applications.
Seconded by Councilmember Juker. Ayes - all.
I. NEW BUSINESS
1. Plan Amendment: 2696 Hazelwood Street
a. Manager Evans presented the staff report.
b. Commissioner Duane Prow presented the following Planning Commission recommendation:
"Commissioner Sletten moved the Planning Commission recommend to the City Council
approval of the resolution amending the Land Use Plan from SC, Service Commercial
to RB, Residential Business for 2696 Hazelwood Avenue.
Commissioner Howard seconded. Ayes - Commissioners Barrett, Fischer, Hejny,
Howard, Kishel, Prow, Sletten, Whitcomb."
C. Mrs. Christine Stone, 2727 Hazelwood Street, stated she had understood this
item would not be brought up until 7:45 P.M. She is expecting more of her neighbors
to attend.
d. Councilmember Bastian moved to table this item until later in the agenda.
Seconded by Councilmember Juker. Ayes - all.
F. PUBLIC HEARINGS (continued)
2. 'Rezoning, Street Vacation and Variance - Frost Avenue (7:15 P.M.)
- 12 - 8/23
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Michial Mularoni for a zone change from R -1 to R -3 property located south of
Frost Avenue west of Walter Street and north of 1078 Frost Avenue; vacation of
Walter Street from Fenton Street to Frost Avenue; vacation of Fenton Street from
Adele to Walter Streets and a thirty foot lot frontage variance for the property
at 1096 Frost Avenue. The Clerk stated the hearing notice was found to be in
order and noted the dates of publication.
b. Manager Evans presented the staff report.
C. Director of Community Development Geoff Olson presented the specifics of the
proposal.
d. Commissioner Duane Prew presented the following Planning Commission recommendation:
"Commissioner Kishel moved the Planning Commission recommend to the City Council
approval of a thirty —foot lot frontage variance for Mrs. Edith Hagstrom, 1096
Frost Avenue, to permit only thirty feet of frontage on Fenton Street, subject
to:
1. Deed restrictions being recorded to run with lots 14 -17, block 3, Kavanagh
and Dawson's Addition to Gladstone stating that:
"Effective upon Mrs. Edith Hagstrom ceasing to reside at this property, presently
known as 1096 Frost Avenue:
"a. A driveway shall be constructed and maintained to Fenton Street which
meets the requirements of Section 10.207 of the Uniform Fire Code.
"b.. A Fenton Street address shall be assigned by the City Clerk and be clearly
identifiable from Fenton Street."
2. Submission to the City of a deed from the Anderson's, 1101 Fenton Street,
to Edith Hagstrom, 1096 Frost Avenue, plus any necessary recording costs for
the east thirty feet of vacated Walter Street. This deed will be recorded
by the City once the resolution vacating Walter Street has been recorded.
Approval is recommended on the basis that:
a. The dwelling was in existance prior to City Code requirements for frontage
on a maintained public street.
b. Improvement of Walter Street to serve this property would be cost prohibitive.
C. The proposed frontage on Fenton Street is the only alternative, short
of eliminating the existing dwelling and combining the property with an
abutting property with proper frontage.
d. A paved drive access to Fenton Street for 1096 Frost is more desirable
for the provision of public safety services than the present unimproved
access to Frost Avenue.
Commissioner Fischer seconded. Ayes — Commissioners Barrett, Ellefson, Fischer,
Howard, Kishel, Prew, Sletten, Whitcomb.
Commissioner Fischer moved the Planning Commission recommend the City Council
— 13 — 8/23
approve the vacation of Walter Street between Fenton Street and Frost Avenue, .
subject to:
1. Approval of the requested lot frontage variance for 1096 Frost Avenue.
2. Retention of utility and storm water easements as follows:
a. Ten feet along the west side of the centerline.
b. Twenty feet along the east side of the centerline, north of the westerly
extension of the north line of lot 16.
C. Ten feet along the remainder of the east side of the centerline.
d. The north seven feet of the right —of —way.
Approval is recommended on the basis that:
1. Walter Street is not necessary to the local street network.
2. It would be cost prohibitive in terms of construction and maintenance costs
to improve all or a portion of Walter Street to serve the only existing dwelling,
1096 Frost Avenue, which does not have frontage on an improved street.
3. The owner of 1096 Frost Avenue does not prefer to develop the north eighty
feet of her property.
Commissioner Sletten seconded. Ayes — Commissioners Barrett, Ellefson, Fischer,
Howard, Kishel, Prew, Sletten, Whitcomb.
Commissioner Sletten moved the Planning Commission recommend the City Council
approve the resolution for a zone change from R -1 Residence District (Single Dwelling)
to R -3, Residence District (Multiple Dwelling), on the basis that:
1. The zone change is consistent with the Land Use Plan.
2. The proposed use would not substantially detract from the use of abutting
properties.
Commissioner Barrett seconded. Ayes — Commissioners Barrett, Ellefson, Fischer, .
Howard, Kishel, Prew, Sletten, Whitcomb.
Commissioner Kishel moved the Planning Commission recommend to the City Council
approval to vacate Fenton Street between Adele and Walter Streets, subject to
retention of the westerly forty feet of right —of —way for a possible future cul-
de —sac on Adele Street, on the basis that:
1. None of the abutting properties require access from Fenton Street.
2. Improvement of this right —of —way would be cost prohibitive and not in the
public's interest, due to the lack of accessibility of adjacent properties.
3. On May 1, 1980 Council approved avariance for Peter Dicke on the basis that
"there is no reason for public purpose for constructing Fenton Street."
Commissioner Fischer seconded.
Sandra Dicke, 1742 Frank Street, questioned how much property would be used for
the cul —de —sac.
— 14 — 8/23
Secretary Olson indicated that it would be just right —of —way that would be used,
no private property.
Voting on the motion: Ayes — Commissioners Barrett, Ellefson, Fischer,
Howard, Kishel, Prew, Sletten, Whitcomb."
e. Mr. Michial Mularoni, the applicant, spoke on behalf of his proposals.
I. Mayor Greavu called for persons who wished to be heard for or against the
proposals. The following persons voiced their opinions:
Mrs. Rudolph Anderson, 1101 Fenton
Mr. Jim Youngren, representing his father, Gordon Youngren, 1082 Fenton
Mr. Frank Silberbauer, 1078 Frost Avenue
Ms. Ellen Hagstrom, representing her sister, Ms. Edith Hagstrom, 1096 Frost Avenue.
g. Mayor Greavu closed the public hearing.
h. Councilmember Bastian introduced the following resolution and moved its adoption_
82 — 8 — 112
WHEREAS, Michial Mularoni has initiated these proceedings to vacate the public
interest in the following described real property:
That portion of Fenton Street in Section 16, Township 29, Range 22, West of
the Southerly extension of the centerline of Block 4, Kavanagh & Dawsons Addit-
ion to Gladstone and East of a North —South line, forty feet East of the East
line of Adele Street.
WHEREAS, the procedural history of the vacation application is as follows:
1. That an application for vacation was initiated by Michial Mularoni on
the second day of July, 1982;
2. That a majority of the owners of property abutting said street have signed
a petition for the above described vacation;
3. That said vacation has been referred to and reviewed by the Maplewood
Planning Commission on the second day of August, 1982 and referred back
to the Maplewood City Council with the recommendation of approval;
4. That pursuant to the provisions of Minnesota Statutes, Section 412.851
a public hearing was held on the 23rd day of August, 1982 preceded by
two weeks published and posted notice at which meeting the City Council
heard all who expressed a desire to be heard on the matter, considered
the Planning Commission recommendation and staff reports.
WHEREAS, upon vacation of the above described street, public interest in the
property will accrue to the following described abutting properties:
Lot 20, Block 4 and Lot 11, Block 5, Kavanagh and Dawsons Addition to Gladstone.
NOW, THEREFORE, BE IT RESOLVED, that the Maplewood City Council finds that
it is in the public interest to grant the above described vacation on the following
findings of fact:
— 15 — 8/23
1. None of the abutting properties require access from Fenton Street.
2. Improvement of this right —of —way would be cost prohibitive and not in
the public's interest, due to the lack of accessbility of adjacent proper-
ties.
3. On May 1, 1980, Council approved a variance for Peter Dicke on the basis
that "there is no reason or public purpose for constructing Fenton Street."
BE IT FURTHER RESOLVED, that the City Clerk be and hereby is directed to prepare
a notice of completion of the proceedings pursuant to the provisions of Minnesota
Statutes, Section 412.851 and shall cause the same to be presented to the County
Auditor for entry in his transfer records and that the same shall be thereafter
filed with the Ramsey County Recorder.
Seconded by Councilmember Maids. Ayes — Mayor Greavu, Councilmembers Bastian,
Juker and Maida.
Nays — Councilmember Anderson.
I. Councilmember Bastian moved to approve the zone
District) to R -3 (Multiple Residence District) for
of Frost Avenue, west of Walter Street and north of
that
i R -1 (Single Re
located south
78 Frost Avenue on the basis
A. The zone change is consistent with the land use plan.
B. The proposed use would not substantially detract from the use of abutting
properties.
Seconded by Mayor Greavu. Ayes — Mayor Greavu, Councilmembers Bastian
and Maida.
Nays — Councilmembers Anderson and Juker.
Motion failed.
3. Rezoning — Lower Afton and Century 7:30 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding a zone change
from BC (Business — Commercial) to F (Farm Residence) the property located north
and south of Lower Afton Road west of Century Avenue. 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 Prew presented the following Planning Commission recommendation:
"Commissioner Barrett moved the Planning Commission recommend to the City Council
approval of the resolution rezoning the site from BC to F, on the basis that:
1. The site is shown as open space on the Comprehensive Plan.
2. The site is owned by Ramsey County for a workhouse.
3. Ramsey County does not intend to develop the site commercially.
Commissioner Sletten seconded. Ayes — Commissioners Barrett, Ellefson, Fischer,
Howard, Kishel, Prew, Sletten, Whitcomb."
d. Mayor Greavu called for proponents. None were heard.
— 16 — 8/23
e. Mayor Greavu called for opponents. None were heard.
f. Mayor Greavu closed the public hearing.
g. Councilmember Anderson introduced the following resolution and moved its adoption:
82 — 8 — 113
WHEREAS, a rezoning procedure has been initiated by the City of Maplewood,
for a zone change from BC, business commercial to F, Farm residence for the following
described property:
The east 660 feet of the .south half of the north half of Section 12, Township
28, Range 22.
WHEREAS, the procedural history of this rezoning procedure is as follows:
1. That a rezoning procedure has been initiated by the City Council pursuant
to Chapter 915 of the Maplewood Code;
2. That said rezoning procedure was referred to and reviewed by the Maplewood
City Planning Commission on the second day of August, 1982, at which time
said Planning Commission recommended to the City Council that said rezone
procedure be approved;
3. That the Maplewood City Council held a public hearing to consider the
rezoning procedure; notice thereof having been published and mailed pursuant
to law; and
4. That all persons present at said hearing were given an opportunity to
be heard and /or present written statements, and the Council considered
reports and recommendations of the City Staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY
COUNTY, MINNESOTA that the above described rezoning be granted on the basis of
the following . findings of fact:
1. The site is shown as open space on the Comprehensive Plan.
2. The site is owned by Ramsey County for a workhouse.
3. Ramsey County does not intend to develop the site commercially.
Seconded by Mayor Greavu.. Ayes — all.
4. Rezoning: Upper Afton Road and McKnight Road — 7:30 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding a zone change
from BC (Business Commercial)-'and M -1 (Light Manufacturing) to F (Farm Residence)
the property located at the southeast corner of McKnight Road and Upper Afton
Road. 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:
— 17 — 8/23
"Commissioner Whitcomb moved the Planning Commission recommend to the City Council
approval of the resolution rezoning the site from BC and M -1 to F, on the basis
that:
1. The site is shown as open space on the Comprehensive Plan.
2. The site is owned and planned by Ramsey County for park use.
Commissioner Fischer seconded. Ayes — Commissioners Barrett, Ellefson, Fischer,
Howard, 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.
g. Mayor Greavu introduced the following resolution and moved its adoption:
82 -8— 114
WHEREAS, a rezoning procedure has been initiated by the City of Maplewood
for a zone change from BC, business commercial and M -1, light manufacturing to
F, Farm residence for the following described property:
The southwest quarter of Section 1, Township 28, Range 22, except that part
of the northwest quarter of the southwest quarter of Section 28, Range 22,
described as follows:
Commencing at the northeast corner of the said northwest quarter of the southwest
quarter and thence running south along the easterly line thereof, a distance
of 415 feet to a point; thence west and parallel with the north line of said
northwest quarter of southwest quarter a distance of 285 feet to a point;
thence north and parallel with the east line of said northwest quarter of
southwest quarter adistance of 415 feet, more or less, to the north line
of said northwest quarter of southwest quarter; thence east along the north
line of said northwest quarter of southwest quarter to the point of beginning;
subject to the Upper Afton Road.
WHEREAS, THE PROCEDURAL HISTORY OF THIS REZONING PROCEDURE IS AS FOLLOWS:
1. That a rezoning procedure has been initiated by the City of Maplewood,
pursuant to Chapter 915 of the Maplewood Code;
2. That said rezoning procedure was referred to and reviewed by the Maplewood
City Planning Commission on the second day of August, 1982, at which time
said Planning Commission recommended to the City Council that said rezone
procedure be approved;
3. That the Maplewood City Council held a public hearing to consider the
rezoning procedure, notice thereof having been published and mailed pursuant
to law; and
4. That all persons present at said hearing were given an opportunity to
be heard and /or present written statements, and the Council considered
reports and recommendations of the City Staff and Planning Commission.
— 18 — 8/23
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY
COUNTY, MINNESOTA, that the above described rezoning be granted on the basis of
the following findings of fact:
1. The site is shown as open space on the Comprehensive Plan.
2. The site is owned and planned by Ramsey County for park use.
Seconded by Councilmember Bastian. Ayes — all.
5. Rezoning: McKnight Road and I -94 7:30 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding a zone change
from BC (Business Commercial) to F (Farm Residence) the property located at the south-
east corner of I -94 and McKnight Road. 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 Prew presented the following Planning Commission recommend-
ation:
"Commissioner Kishel moved the Planning Commission recommend to the City Council
approval of the resolution rezoning the site from BC to F, on the basis that:
1. The comprehensive plan designates this site for open space.
2. The site is not used or planned to be used for commercial development.
Commissioner Sletten seconded. Ayes — Commissoiners Barrett, Ellefson, Fischer,
Howard, Kishel, Prew, Sletten, Whitcomb."
d. Mayor Greavu called for proponents. None were heard.
e. Mayor Greavu called for opponents. None were heard.
I. Mayor Greavu closed the public hearing.
g. Councilmember Anderson introduced the following resolution and moved its adoption:
82 -8 -115
WHEREAS, a rezoning procedure has been initiated by the City of Maplewood
for a zone change from BC, business commercial to F, Farm residence for the follow-
ing described property:
The northwest quarter of the northwest quarter of Section one (1), Township
Twenty —eight (28), Range Twenty —two (22)
WHEREAS, the procedural history of this rezoning procedure is as follows:
1. That a rezoning procedure has been initiated by the City of Maplewood,
pursuant to Chapter 915 of the Maplewood Code;
2. That said rezoning procedure was referred to and reviewed by the Maplewood
City Planning Commission on the second day of August, 1982, at which time
said Planning Commission recommended to the City Council thatsaid rezone
procedure be approved;
— 19 — 8/23
3. That the Maplewood City Council held a public hearing to consider the
rezoning procedure, notice thereof having been published and mailed pursuant
to law; and
4. That all persons present at said hearing were given an opportunity to
be heard and /or present written statements, and the Council considered
reports and recommendations of the City Staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY
County, Minnesota, that the above described rezoning.be granted on the basis of
the following findings of fact:
1. The Comprehensive Plan designates this site for open space use.
2. The site is not used or planned to be used for commercial development.
Seconded by Councilmember Maida. Ayes — all.
6. Special Use Permit: Denny's Restaurant 7:45 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Denny's Restaurant, Interplan Practice, Ltd., for a special use permit to construct
a restaurant on property zoned M -2, Heavy Manufacturing. 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 Prew presented the following Planning Commission recommendation:
"Commissioner Whitcomb moved the Planning Commission recommend to the City Council
approval of a special use permit for a "sit down" restaurant based on the findings
that the use would be compatible with the Land Use Plan and surrounding development.
Approval is subject to the following conditions:
1. The applicant shall obtain written permission from Oakdale to connect to their
utilities.
2. The applicant shall obtain a building permit within one year of approval,
unless the Council extends the special use permit.
3. Once the building is erected, no further reviews of the special use permit
shall be required.
4. Approval of the special use permit does not include approval of the site plan.
Commissioner Kishel seconded. Ayes — Commissioners Barrett, Fischer, Hejny,
Howard, Kishel, Prew, Sletten; Whitcomb."
d. Mr. Lewis Narcisi, architect representative for Denny's, spoke on behalf of
the request and stated they would comply with the conditions as stated.
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.
— 20 — 8/23
h. Councilmember Anderson moved to approve the Special Use Permit for a "sit
down" restaurant to be constructed on property zoned M -2, Heavy Manufacturing,_
as requested by Denny's, to be located on Century Avenue north. of I -94, subject
to the following conditions:
1. The applicant shall obtain written permission from Oakdale to connect to their
utilities.
2. The applicant shall obtain a building permit within one year of approval..
3. Once the building is erected, no further reviews of the special use permit
shall be required.
4. Approval of the special use permit does not include approval of the site plan.
Seconded by Mayor Greavu. Ayes — all.
G. AWARD OF BIDS
1. Employee Group Insurance
a. Manager Evans presented the staff report with the following proposals:
1. A four year contract for life insurance coverage be awarded to Minnesota Mutual
Life Insurance Company based upon the terms of their bid.
2. A four year contract for health maintenance organization coverages be awarded
to Coordinated Health Care, Inc. based upon the terms of their bid.
3. Renewal of the current contract with Great West Life Assurance Company for
medical and life insurance be delayed until September 13th pending further
study of a limited self insurance plan.
b. Sgts. Sohn McNulty and Arnold spoke in favor of remaining with Group Health
Plan.
C. Ms. Rita Sobie, Group Health Plan, stated facts about Group Health and why
their bid was not received by the deadline.
d. Councilman Bastian moved to table the Employee Group Health Insurance bids
until August 25, 1982, Wednesday, 4:30 P.M. at City Hall.
Seconded by Mayor Greavu. Ayes — all.
I. NEW BUSINESS (continued)
1. Plan Amendment: 2696 Hazelwood Street (continued)
a. Councilmember Bastian moved to discuss Health__ Resources request for a time
extension for their special use permit. �^
Seconded by Councilmember Anderson.
Ayes — all.
b. Manager Evans presented the staff report.
C. Commissioner Duane Prew presented the following Planning Commission recommendation:
"Commissioner Sletten moved the Planning Commission recommend to the City Council
approval of a three year time extension for the special use permit to conduct
community service programs at 2696 Hazelwood Avenue, since there have not been
any problems caused by this facility during the past two years of operation.
— 21— 8/23
Commissioner Whitcomb seconded
Ayes — Commissioners Barrett, Fischer, Hejny,
Howard, Kishel, Prew, Sletten, Whitcomb."
d. Mr. James Swanson, Vice President, Senior Services Division Health Resources,
Inc., spoke on behalf of the proposal.
e. Mayor Greavu asked if anyone in the audience wished to be heard regarding
Health Resources request. The following expressed their opinions:
Ronald Erickson, 2673 Hazelwood Street
Pat O'Brien, 2759 Hazelwood Street
Louis Eckl, 2767 Hazelwood Street
Clarence Nelson, 2736 Hazelwood Street
Paul Caldwell, 2666 Hazelwood Street
Phyllis Erickson, 2673 Hazelwood Street
Christine Stone, 2727 Hazelwood Street
Steve Samuelson, 2747 Hazelwood Street
James Weinberg, 2661 Hazelwood Street
Councilmember Juker moved to extend the meeting past the deadline.
Seconded by Mayor Greavu. Ayes — all.
I. Councilmember Bastian moved to approve a time extension for the Health Resources,
2696 Hazelwood Street special use permit for one vear.—
Seconded by Councilmember Anderson.
Ayes — all.
g. Councilmember Bastian introduced the following resolution and moved its adoption:
82 -8 -116
WHEREAS, it is deemed necessary, expedient and proper that the City Control
on street parking for purposes of general safety;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
that a no parking be established on east side of Hazelwood Street from County
Road C to 300 feet north and on the west side of Hazelwood Street 500 feet north
of County Road C to 1300 feet north of County Road C.
Seconded by Councilmember Anderson.
Ayes — all.
h. Councilmember Bastian moved to table the Plan Amendment request of Health__
Resources until such time as the proposal for senior citizen housing comes before
the Maplewood Housine and Redevelopment Authoritv.
Seconded by Councilmember Anderson. Ayes — all.
2. Special Exception: 1735 Kennard
a. Manager Evans presented the staff report.
b. Commissioner Duane Prew presented the following Planning Commission recom-
mendation:
"Commissioner Kishel moved the Planning Commission recommend to the City Council
— 22 — 8/23
12
the approval of a special exception permit for one year to operate a Childhood
Center for day care at the Presentation of the Blessed Virgin Mary Church at 1735
Kennard Street, subject to:
1. Correction of all Life Safety and Building Code deficiencies, prior to program
start —up.
2. If no nuisance conditions exist at the end of one year, the permit may be
renewed by the City Council.
Approval is recommended on the basis that:
1. The request is consistent with the intent of the Land Use Plan and Zoning
Code.
2. The change would not substantially detract from the use of adjacent properties.
3. The proposal is in the best interests and convenience of the community.
Commissioner Hejny seconded. Ayes — Commissioners Barrett, Fischer, Hejny,
Howard, Kishel, Prew, Sletten, Whitcomb."
C. Mr. Ed Feffer, Parish Administrator Presentation Church, spoke on behalf of
the proposal.
d. Councilmember Anderson moved approval of the special exception_ permit for
one year to operate a Childhood Center for day care at the Presentation of the
Blessed Virgin Mary Church at 1735. Kennard Street, subject to:
1. Correction of all Life Safety and Building Code deficiencies, prior to program
start up.
2. If no nuisance conditions exist at the end of one year, the permit may be renewed
by the City Council.
Approval is recommended on the basis that:
1. The request is consistent with the intent of the Land Use Plan and Zoning
Code.
2. The change would not substantially detract from the use of adjacent properties.
3. The proposal is in the best interests and convenience of the community. -
Seconded by Mayor Greavu. Ayes — all.
COUNCIL PRESENTATIONS
5. _House Moving Ordinance
a. Councilmember Anderson wished to discuss the house moving ordinance. The
ordinance was placed on 1st reading.
b. Mr. Herman Johnson, an applicant who wishes to move a house into Maplewood,
spoke asking the Council to allow him to proceed. He has a deadline of October
1 to move the house.
C. Mr. Richard Hoffman, owner of the property where the house is located now,
also apoke.
— 23 — 8/23
d. Councilmember Anderson introduced the following ordinance and moved its adoption:
ORDINANCE NO. 522
AN ORDINANCE REGULATING THE MOVING OF HOUSES AND GARAGES
IN THE CITY OF MAPLEWOOD
THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Article IV Section is hereby added to the Maplewood Code to read
as follows:
BUILDING RELOCATION
Section 9.61. PERMIT REQUIRED TO MOVE BUILDING. No person shall move house
or garage over any highway, street or alley in Maplewood, without first receiving
approval from the City Council.
Section 9.62. APPLICATION. An applicant shall submit a building relocation
application form and the following materials:
1. A certified abstractor's list, listing all property owners and their mailing
addresses within 350 feet of the property to which the building is to
be moved.
2. A legal description of the property to which the building is to be moved.
3. Photographs showing all four sides of the building and a dimensioned site
plan showing the proposed placement of the structure on the new site.
4. An application fee to be set by City Council resolution.
5. A cash escrow deposit of $100.00, which shall be used for defraying costs
incurred by the City in inspecting the building and property. The inspectors,
and any other officials whose inspection is required, shall inspect the
building and be reimbursed at a rate of $15.00 for each hour involved
in making their inspection. If any of the escrow payment required is
not used, the amount remainingshall -be returned to the applicant.
Section 9.62. PLAN REVIEW AUTHORITY. All applications for building locations
shall be subject to the approval of the City Council. The Council shall hold
a public hearing on any application for building relocation, after notice of such
hearing has been published in the official newspaper at least ten days before
the hearing. Notices shall also be mailed to each of the owners of property within
350 feet of the property for which the building relocation is petitioned, such
notices shall be mailed at least ten days before the hearing.
Section 9.64. SUBMITTAL EVALUATION.
1. To recommend approval of an application, the Council must make the following
findings:
a. The proposed building is compatible with those in the neighborhood it
would be moved to. A determination of compatibility may be based on com-
paring the structure's exterior siding, height, mass, age and style of
construction to the average home in the neighborhood to which the house
is to be moved and the health, safety and welfare of the community.
— 24 — 8/23
b. That all City Code requirements can be met.
C. That water runoff from the site will not cause an adverse effect on sur-
rounding properties.
d. Public streets can be protected from damage.
2. The City, in its action for approval, may require compliance with any or all
of the following conditions, or any additional conditions that are deemed
ncessary:
a. Cash escrow, an irrevocable letter of credit of up to $1,000.00, or an
equivalent quality of security as approved by the City Council to guarantee
any street repair that may be required resulting from damages caused by
moving the building.
b. Lot lines shall be verified by the applicant by survey pins.
C. The petitioner shall furnish an irrevocable letter of credit or cash escrow
1 -1/2 times the estimated cost of remodeling, refinishing, or otherwise
constructing or reconstructing such building in accordance with the plans
and specifications. With this surety, it shall be further conditioned
that the work will be completed within ninety days of the issuance of
the permit.
d. All rubbish, materials, extra fill, dirt, debris or left —over material
shall be removed from the property within seven days after a building
is removed from a site in Maplewood.
e. Any excavation or basement left after a house is moved from or within
a lot in Maplewood shall be filled in within 48 hours, unless a permit
is approved to move another house onto said excavation. Any uncovered
basement or excavation shall be fenced.
Section 2. This ordinance shall take effect and be in force from and after
its passage and publication.
Seconded by Councilmember Bastian. Ayes — all.
I. NEW BUSINESS (continued)
3. Plaza 3000
a. Manager Evans presented the staff report. He also stated a letter had been
received from Plaza 3000 making reference to the five problems that had been brought
to their attention. They have made arrangements to complete 4 of the conditions,
but do not feel they are responsible for constructing a sidewalk on Lydia.
b. Councilmember Bastian moved to approve the following recommendation:
Any of the following items that are not completed by December 1, 1982, shall be
referred to the City prosecutor for legal action:
1. Roof mounted equipment protruding above the parapet wall shall be screened
from view with a wood screen.
2. All exterior dumpsters shall be screened from view with a material that is
compatible with the main building.
— 25 — 8/23
3. Construction of a five foot wide concrete sidewalk along Lydia Avenue, from
Ariel Street to White Bear Avenue, including the two foot berms shown on the
approved plan by October, 15, 1982.
4. Keep the area around Jerry's Foods compactor clean.
5. Removal of the curbing in front of the east door to Larkin Dance Theatre and
rechannelling of the water from the roof drain away from the door.
Seconded by Councilmember Maids. Ayes - all.
4. HRA /Council Meeting
a. Manager Evans stated the HRA has invited the Council to attend their meeting
on September 2, 1982, at 7 :30 P.M. at City Hall.
b. Councilmember Anderson moved to accept the HRA's invitation to the Council
to attend their meeting on September 2, 1982 at 7:30 P.M. at Citv Hall.
Seconded by Councilmember Juker. Ayes - all.
5. "No Parking" Larpenteur Avenue (Aschenbrenner)
a. Councilmember Juker moved to table this item until the meeting of September
13, 1982 as the Aschenbrenners were not notified of tonights meeting.
Seconded by Councilmember Bastian. Ayes'- all.
6. Change Order #1: Borland Road - Hillwood Drive
a. Director of Public Works Ken Haider explained why the change order is needed.
b. Councilmember Anderson introduced the following resolution and moved its adoption:
82 - 8 - 117
WHEREAS, the City Council of Maplewood has heretofore ordered made Improvement
Project No. 78 -10 and has let a- construction contract therefore pursuant to Minnesota
Statutes, Chapter 429; and
WHEREAS, it is now necessary and expedient that said contract be modified
and designated as Improvement Project No. 78 -10, Contract Amendment No. 1;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
that the Mayor and City Clerk are hereby authorized and directed to modify the
existing contract by executing said Contract Amendment No. 1.
Seconded by Councilmember Juker.
I. VISITOR PRESENTATIONS
Ayes - all.
1. Mr. Mark Fenner, 2128 Arcade Street
a. Mr. Fenner stated he purchased a house from Mr. Voya Piletich in 1979. Mr.
Piletich is now building a home next to his and he has found the lot line has
been changed and is right next to his front door. Mr. Fenner is in litagation
with Mr. Piletich at the present time over this problem. Mr. Fenner is requesting
- 26 - 8/23
the Council to investigate the problem as he feels there is a zoning violation.
b. Referred to staff for investigation. _
K. COUNCIL PRESENTATIONS
1. Lower Afton /McKnight Road
a. Councilmember Maida stated there is nothing provided in the "leg" of the City
for senior or retired citizens. She feels there should be interaction in neighbor-
hoods between the young and elderly -. One of the reasons is because there is no
property established as Service Commercial. She requested Staff to review the
property at the southeast corner of McKnight Road and Lower Afton Road for a plan
amendment to service commercial to see if it would be compatible with the area.
2. Brookview Drive
a. Councilmember Maida questioned as to what is happening with Mr. Spencer regarding
replacement of a tree that was removed during the construction of Brookview Drive
storm sewer.
b. Staff will investigate and contact the contractor.
3. Reconsideration: Public Safety Director
a. Councilmember Anderson moved
to hire a Public Safety Director
be established with the City Man
Service Commission.
o retract the motion to authorize the City Manager
nd the spending of $5,000; and that a meeting
er. City Attornev. Council and the Police Civil
Seconded by Councilmember Maida. Ayes — Mayor Greavu, Councilmembers Anderson,
Joker and Maida.
Nays — Councilmember Bastian.
b. The date set for the meeting is 5:00 P.M., Wednesday, August 25, 1982.
4. 25th Anniversary
a.. Councilmember Anderson stated he wished to honor the people that worked so
hard for the 25th Anniversary.
b. Tabled until a later date.
5. Mayor /Council Dinner
a. Councilman Anderson questioned how the past Mayor and Council dinner was paid
for.
b. It was paid for from the money that the Councilmembers have been paying each
month. At this time there is $45.00 left in the fund.
C. Consensus of the Council stated they were di- scontinuing the fund and the balance
should be applied to any up and coming flowers, etc.. that Council usually pays
for.
6.. Approval of Assessments
— 27 — 8/23
a. Mayor Greavu introduced the following resolution and moved its adoption:
82 -8 -118
WHEREAS, pursuant to provisions of Minnesota State Statutes, Section 429.061,
Subsection 1, a hearing was held July 29, 1982 at which all interested parties
were heard and the assessment roll for Maplewood Projects 81 -6, 78 -9, 78 -20, 78-
24, 79 -15 and 80 -14 was adopted by unanimous vote; and
WHEREAS, pursuant to provisions of Minnesota State Statutes Section 429.061,
Subsection 2 and adjourned meeting was held on August 23, 1982 at which all object-
ions of the adopted assessment roll were heard; and
WHEREAS, the City Council sitting as a committee of the whole made certain
findings of facts and conclusions on said objections;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
that the facts and conclusions are hereby adopted and incorporated with said
assessment roll as adopted.
Seconded by Councilmember Anderson. Ayes - all.
L. ADMINISTRATIVE PRESENTATIONS
None.
ADJOURNMENT
12:17 A.M.
ty Clerk
- 2S - 8/23