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HomeMy WebLinkAbout10.25.82MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, October 25, 1982 Council Chambers, Municipal Building Meeting No. 82 -29 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 7:02 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Joker, Councilmember Absent MaryLee Maida, Councilmember Present C. APPROVAL OF MINUTES None. D. APPROVAL OF AGENDA — Mayor Greavu moved to approve the Agenda as amended: 1. Leaf Pickup 2. Anniversary Run 3. Arcade Safety and Health Hazard 4. Beam Avenue Assessment Seconded by Councilmember Bastian. Ayes — all. E. CONSENT AGENDA Councilmember Bastian moved, seconded by Councilmember Anderson, Ayes all, to approve the consent agenda items 1 through —4 as recommended_ 1. Accounts Payable Approved the accounts (Part I, Fees, Services, Expenses, Check No. 001000 through Check No. 001060 — $150,489.17; Check No. 014527 through Check No. 014667 — $59,613.16: Part II Payroll — Check No. 05404 through .Check No. 05525 — $54,257.26) in the amount of $254,359.59. 2. Election Judges Resolution No. 82 -9 -142 — 1 — 10/25 Precinct No. 1 Eleanor Mathews, Chairman Lorraine Schneider Maryls Hartman Mike Wasiluk Precinct No. 2 Pat Thompson, Chairman Evelyn Axdahl Kathy Dittel Betty Glunz Precinnt No. 3 Barb Leiter, Chairman Charlotte Wasiluk Lynette Leonard Betty Emerson Precinct No. 4 Caroline Warner Joyce Lipinski Marjory Tooley Elsie Wiegert Precinct No. 5 Jeanne Hafner, Chairman Emma Klebe - Sibbie Sandquist Phyllis Erickson Precinct No. 6 Kathy Supan, Chairman Linda Prigge Joanne Houghton Joyce Schmidt Precinct No. 7 Myrtle Malm, Chairman Marilyn Cunningham Wyman Hageman Judy Widholm Precinct No. 8 Jean Myers, Chairman Lorraine Fischer Rita Frederickson Edith Stottlemeyer Precinct No. 9 Ida Szczepanski, Chairman Mary Johnson Dolores Mallet Betty Berglund Precinct No. 10 Anne Fosburgh, Chairman Mary Lou Lieder Dorothy Arbore Pat Werden Precinct No. 11 Dolores Lofgren, Chairman Maxine Olson Shirley Luttrell Margaret McDonald Precinct No. 12 Mary Libhardt, Chairman Deloris Fastner Mildred Dehn Audrey Duellman 3. Final Approval Revenue Note - Woodring, Inc. Resolution No. 82 -9 -143 NOTE RESOLUTION RESOLVED by the City Council of the City of Maplewood, as follows: ARTICLE ONE DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS - 2 - 10/25 1 -1. Definitions. The terms used herein, unless the context hereof shall require otherwise shall have the following meanings, and any other terms defined in the Loan Agreement shall have the same meanings when used herein as assigned to them in the Loan Agreement unless the context or use thereof indicates another or different meaning or intent. Act: the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended; Assignment of Rents and Leases: the agreement to be executed by the Borrower assigning all the rents, issues, profits and leases derived from the Project to the Lender to secure the repayment of the Note and interest thereon; Bond Counsel: the firm of Briggs and Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota, or any other firm of nationally recognized bond counsel, and any opinion of Bond Counsel shall be a written opinion signed by such Bond Counsel; Borrower: Woodring Co., a Minnesota general partnership, its successors, assigns, and any surviving, resulting or transferee business entity which may assume its obligations under the Loan Agreement; City: the City of Maplewood, Minnesota, its successors and assigns; Code: the Internal Revenue Code of 1954, as amended; Construction Fund: the fund established by the City pursuant to this Resolution and into the Proceeds Account of the Construction Fund the proceeds of the Note will be deposited; Construction Loan Agreement: the agreement to be executed by the City, the Borrower and the Lender, relating to the dis- bursement and payment of Project Costs for the acquisition, construction and installation of the Project; Government Yield: the yield on U.S. Treasury securities (as published by the Federal Reserve Bank of New York) having a maturity date closest to the final maturity date of the Note. Guarantor: collectively Richard S. Schreier and Patricia A. Schreier; Guaranty: collectively, the guaranties of the payment of, among other things, the principal of, premium, if any, and interest on the Note to be executed by the Guarantor as of the date of this Agreement; Improvements: the structures and other improvements, including any tangible personal property, to be constructed or installed by the Borrower on the Land in accordance with the Plans and Specifications, - 3 - 10/25 Land: the real property and any other easements and rights described in Exhibit A attached to the Loan Agreement; Lender: First National Bank of Minneapolis, in Minneapolis, Minnesota, its successors and assigns; Loan Agreement: the agreement to be executed by the City and the Borrower, providing for the issuance of the Note and the loan of the proceeds thereof to the Borrower, including any amendments or supplements thereto made in accordance with its provisions; Mortgage: the Combination Mortgage, Security Agreement and Fixture Financing Statement between the Borrower as mortgagor, to the Lender, as mortgagee, securing payment of the Note and interest thereon including any mortgage supplemental thereto entered into in accordance with the provisions thereof; Note: the $421,000 Commercial Development Revenue Note of 1982, (Woodring Co. Project) to be issued by the City pursuant to this Resolution; Note Register: the records kept by the City Clerk to provide for the registration of transfer of ownership of the Note; Plans and Specifications: the plans and specifications for the construction and installation of the Improvements on the Land, which are approved by the Lender, together with such modifications thereof and additions thereto as are reasonably determined by the Borrower to be necessary or desirable for the completion of the Improvements and are approved by the Lender; Pledge Agreement: the agreement to be executed by the City and the Lender pledging and assigning the Loan Agreement to the Lender; Principal Balance: so much of the principal sum on the Note as remains unpaid at any time; Project: the Land and Improvements as they may at any time exist; Project Costs: the total of all "Construction Costs" and "Loan and Carrying Charges," as those terms are defined in the Loan Agreement; Resolution: this Resolution of the City adopted October , 1982, authorizing the issuance of the Note, together with any supplement or amendment thereto; Title: the Title Insurance Company of Minnesota. - 4 - 10/25 All references in this instrument to designated "Articles," "Sections" and other subdivisions are to the desig- nated Articles, Sections and subdivisions of this resolution as originally adopted. The words "herein," "hereof" and "hereund- er" and other words of similar import refer to this Resolution as a whole not to any particular Article, Section or subdivis- ion. 1 -2. Legal Authorization. The City is a political subdivision of the State of Minnesota and is authorized under the Act to initiate the revenue producing project herein referred to, and to issue and sell the Note for the purpose, in the manner and upon the terms and conditions set forth in the Act and in this Resolution. 1 -3. Findings. The City Council has heretofore determined, and does hereby determine, as follows: (1) The City is authorized by the Act to enter into a Loan Agreement for the public purposes expressed in the Act; (2) The City has made the necessary arrangements with the Borrower for the establishment within the City of a Project consisting of certain property all as more fully described in the Loan Agreement and which will be of the character and accomplish the purposes provided by the Act, and the City has by this Resolution authorized the Project and the execution of the Loan Agreement, the Pledge Agreement, the Note and the Construction Loan Agreement, which documents specify certain terms and conditions of the acquisition and financing the Project; (3) in authorizing the Project the City's purpose is, and in its judgment the effect thereof will be, to promote the pub- lic welfare by: the promotion of tourism in the state, the attraction, encouragement and development of economically sound industry and commerce so as to prevent, so far as possible, the emergence of blighted and marginal lands and areas of chronic unemployment; the development of revenue - producing enterprises to use the available resources of the community, in order to retain the benefit of the community's existing investment in educational and public service facilities; the halting of the movement of talented, educated personnel of all ages to other areas and thus preserving the economic and human resources needed as a base for providing governmental services and facil- ities; the provision of accessible employment opportunities for residents in the area; the expansion of an adequate tax base to finance the increase in the amount and cost of governmental services, including educational services for the school district serving the community in which the Project is situated; - 5 - 10/25 (4) the amount estimated to be necessary to partially finance the Project Costs, including the costs and estimated costs permitted by Section 474.05 of the Act, will require the issuance of the Note in the aggregate principal amount of $421,000 as hereinafter provided; (5) it is desirable, feasible and consistent with the objects and purposes of the Act to issue the Note, for the purpose of financing the Project; (6) the Note and the interest accruing thereon do not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation and do not consti- tute or give rise to a pecuniary liability or a charge against the general credit or taxing powers of the City and neither the full faith and credit nor the taxing powers of the City are pledged for the payment of the Note or interest thereon; and (7) the Note is an industrial development bond within the meaning of Section 103(b) of the Code and is to be issued within the exemption provided under subparagraph (D) of Section 103(b)(6) of the Code with respect to an issue of $10,000,000 or less; provided that nothing herein shall prevent the City from hereafter qualifying the Note under a different exemption if, and to the extent, such exemption is permitted by law and consistent with the objects and purposes of the Project. 1 -4. Authorization and Ratification of Project. The City has heretofore and does hereby authorize the Borrower, in accordance with the provisions of Section 474.03(7) of the Act and subject to the terms and conditions set forth in the Construction Loan Agreement, to provide for the acquisition, construction and installation of the Project by such means as shall be available to the Borrower and in the manner determined by the Borrower, and without advertisement for bids as may be required for the construction and acquisi- tion of municipal facilities; and the City hereby ratifies, affirms, and approves all actions heretofore taken by the Borrower consistent with and in anticipation of such authority and in compliance with the Plans and Specifications. ARTICLE TWO NOTE 2 -1. Authorized Amount and Form of Note. The Note issued pursuant to this Resolution shall be in substantially the form set forth herein, with such appropri- ate variations, omissions and insertions as are permitted or required by this Resolution, and in accordance with the further provisions hereof; and the total principal amount of the Note that may be outstanding hereunder is expressly limited to $421,000 unless a duplicate Note is issued pursuant to Section 2 -6. The Note shall be in substantially the following form: - 6 - 10125 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD Commercial Development Revenue Note of 1982 (Woodring Co. Project) $421,000 FOR VALUE RECEIVED the CITY OF MAPLEWOOD, Ramsey County, Minnesota (the "City "), hereby promises to pay to the order of First National Bank of Minneapolis (the "Lender "), its successors or registered assigns (the Lender and any such successor or registered assignee being also sometimes hereinafter referred to as the "Holder "), from the source and in the manner hereinafter provided, the principal sum of FOUR HUNDRED AND TWENTY ONE THOUSA14D DOLLARS ($421,000) or so much thereof as remains unpaid from time to time (the "Principal Balance "), with interest thereon at the rate specified in paragraph 1(a) hereof (the "Tax Exempt Rate ") or at such higher rate as provided in paragraph 1(b) hereof (the "Taxable Rate "), in any coin or currency which at the time or times of payment is legal tender for the payment of public or private debts in the United States of America, in accordance with the terms hereinafter set forth. I. (a) From and after the date hereof through and including the first day of the 120th month (the "Final Maturity Date ") following October 1982, interest only shall be paid at the rate of % per annum. Interest shall accrue from the date hereof and shall be payable on the first day of the calendar month next succeeding the date hereof and on the first day of each and every month thereafter through and including the Final Maturity Date with a final payment of the entire principal balance and all accrued interest to be payable on the Final Maturity Date. (b)(i) In the event that the interest on this Note shall become subject to federal income taxation pursuant to a Determination of Taxability (as hereinafter defined), the interest rate on this Note shall be increased, retroactively effective from and after the Date of Taxability (as hereinafter defined) to % per annum (the "Taxable Rate "). The City shall immediately upon demand pay to the Holder and to each prior Holder affected by such Determination of Taxability an amount equal to the amount by which the interest accrued retroactively at such increased rate from the Date of Taxability to the date of payment exceeds the amount of interest actually accrued and paid to the Holder and any such prior Holder during said period. (Such obligation of the City - 7 - 10/25 shall survive the payment in full of the principal amount of this Note). Commencing on the first day of the month next following the date of payment of such additional interest and continuing on the first day of each month thereafter (unless the Holder shall accelerate the maturity of the Note pursuant to clause (ii) of this paragraph (b)), the monthly payments of interest only hereunder shall be increased to reflect the accrual of interest at the Taxable Rate. (ii) Upon a Determination of Taxability, the Holder or the Borrower may upon thirty days notice (30) declare the entire Principal Balance of this Note together with accrued interest thereon at such retroactively increased Taxable Rate to be immediately due and payable, plus the prepayment premium, calculated in accordance with paragraph 7 hereof. (iii) The Holder shall give notice, as soon as practicable, to the Borrower of any Notice of Taxability, as hereinafter defined, received by the Holder and permit the Borrower to contest, litigate or appeal the same at its sole expense; provided that any such contest, litigation or appeal is, in the reasonable opinion of the Holder, being undertaken and carried forward in good faith, diligently and with reason- able dispatch. In the event any such contest, litigation or appeal is undertaken, the increased interest provided in paragraph (b)(i) shall, nevertheless, be payable to the Holder and shall be by the Holder in escrow (without paying interest thereon) pending final disposition of such contest, litigation or appeal, provided that the Borrower shall indemnify and hold harmless the Holder and each prior Holder from any and all penalties, interest or other liabilities which they may incur on account of such contest, litigation or appeal. (iv) The terms "Determination of Taxability," "Date of Taxability" and "Notice of Taxability" shall have the meanings ascribed to such terms in the Loan Agreement, dated the date hereof (the "Loan Agreement "), between the City and Woodring Co. (the "Borrower "). 2. In any event, the payments hereunder shall be sufficient to pay all principal and interest due, as such principal and interest becomes due, and to pay any premium or penalty, at maturity, upon redemption, or otherwise. Interest shall be computed on the basis of a 360 day year, but charged for the actual number of days elapsed. 3. Payments shall be payable at the principal office of the Lender, or at such other place as the Holder may designate in writing. 4. This Note is issued by the City to provide funds for a Project, as defined in Section 474.02, Subdivision la, Minnesota Statutes, consisting of the acquisition, construction and equipping of a restaurant facility, to be leased to Estebans' Mexican Foods, Inc., pursuant to the Loan Agreement, - 8 - 10/25 and this Note is further issued pursuant to and in full com- pliance with the Constitution and laws of the State of Minneso- ta, particularly Chapter 474, Minnesota Statutes, and pursuant to a resolution of the City Council duly adopted on October 1982 (the "Resolution "). 5. This Note is secured by a Pledge Agreement of even date herewith by the City to the Lender (the "Pledge Agreement "), a Combination Mortgage, Security Agreement and Fixture Financing Statement, of even date herewith between the Borrower as mortgagor," and the Lender as mortgagee (the "Mortgage ") by an Assignment of Rents and Leases, of even date herewith, from the Borrower to the Lender (the "Assignment of Rents and Leases ") and a Guaranty from Richard J. Schreier and Patricia A. Schreier to the Lender (collectively, the "Guaranty "). The proceeds of this Note shall be placed in the Proceeds Account of the Construction Fund Agreement (hereinafter referred to) and disbursement of the proceeds of this Note from the Construction Fund is subject to the terms and conditions of a Construction Loan Agreement of even date herewith among the Lender, the City and the Borrower (the "Construction Loan Agreement "). 6. (a) The Borrower may, at its option, prepay the Principal Balance in whole or in part in increments of $100,000 on the first day of any month upon at least 30 days advance written notice to the Holder (or such lesser period of notice as the Holder may approve) and upon payment of an amount equal to the principal amount being so prepaid, plus accrued interest hereon to the date of prepayment, plus the prepayment premium calculated in accordance with paragraph 7 hereof. This Note is also subject to mandatory prepayment in whole or in part pursuant to Section 3.1 of the Construction Loan Agreement in the amount of any sums remaining in the Proceeds Account of the Construction Fund at the Completion Date (as such terms are defined in the Construction Loan Agreement), in which event a prepayment premium shall also be payable in accordance with paragraph 7 hereof. Upon the occurrence of certain "Events of Default" under the Construction Loan Agreement, the Loan Agreement and /or under the Mortgage, and as provided in paragraph 11 hereof, the Holder may declare the Principal Balance and accrued interest on this Note to be immediately due and payable (any such action and any similar action pursuant to paragraph l(b)(ii) hereof being hereinafter referred to as an "acceleration" of this Note), in which event a prepayment premium shall also be payable in accordance with paragraph 7 hereof. (b) Upon the occurrence of certain events of damage, destruction or condemnation, the Holder may, as provided in the Mortgage, apply the net proceeds of any insurance or condemnation award to the prepayment, in whole or in part, of the Principal Balance in which event a prepayment premium may be payable in accordance with paragraph 8 hereof. - 9 - 10/25 7. If at the time of any prepayment or acceleration of this Note, occurring prior to October 1, 1992 the yield on U.S. Treasury securities (as published by the Federal Reserve Bank of New York) having a maturity date closest to October 1, 1992 (the "Government Yield "), as determined by the Holder as of the date of prepayment or acceleration, is less than the Borrower shall pay a premium calculated as follows: (a) the amount of principal so prepaid shall be multiplied by (i) the amount by which % exceeds the Government Yield as of the date of prepayment or acceleration, times (ii) a fraction, the numerator of which is the number of days remain - ing to October 1, 1992 and the denominator of which is 360, (b) the resulting product shall then be divided by the number of whole months then remaining to October 1, 1992 yielding a quotient (the "Quotient "), (c) the amount of the prepayment premium payable under this paragraph shall be the present value on the date of prepayment or acceleration (using the Government Yield as of the date of prepayment or acceleration as the discount factor) of a stream of equal monthly payments in number equal to the number of whole months remaining to October 1, 1992, with the amount of each such hypothetical monthly payment equal to the Quotient and with the first payment payable on the date of prepayment or acceleration. 8. Notwithstanding the foregoing, no such prepayment premium shall be payable with respect to a prepayment made at the option of the Holder pursuant to Article Five of the Mortgage or Section 5.02 of the Loan Agreement, unless a, *Event of Default had occurred under the Loan Agreement, Construction Loan Agreement or the Mortgage and remains uncured at the time such prepayment is made. 9. The payments due under paragraph.l hereof shall continue to be due and payable in full until the entire Principal Balance and accrued interest due on this Note have been paid regardless of any partial prepayment made hereunder. 10. As provided in the Resolution and subject to certain limitations set forth therein, this Note is transfer- able upon the books of the City at the office of the City Clerk by the Holder in person or by his agent duly authorized in writ- ing, at the Holder's expense, upon surrender hereof together with a written instrument of transfer satisfactory to the City Clerk duly executed by the Holder or his duly authorized agent. Upon such transfer the City Clerk will note the date of regis- tration and the name and address of the new registered Holder in the registration blank appearing below. The City may deem and treat the'person in whose name the Note is last registered upon the books of the City with such registration noted on the Note, as the absolute owner hereof, whether or not overdue, for the purpose of receiving payment of or on the account of the Principal Balance, redemption price or interest and for all other purposes, and all such payments so made to the Holder or upon his order shall be valid and effective to satisfy and discharge the liability upon the Note to the extent of the sum or sums so paid, and the City shall not be affected by any notice to the contrary. - 10 - 10/25 11. This Note and interest hereon and any premium due hereunder are payable solely from the revenues and proceeds under the Loan Agreement pledged to the payment thereof pursuant to the Pledge Agreement, except as the same may otherwise be payable in accordance with, the Mortgage, the Guaranty and the Assignment of Rents and Leases, and do not constitute a debt of the City within the meaning of any constitutional or statutory limitation, are not payable from or a charge upon any funds other than the revenues and proceeds pledged to the payment thereof, and do not give rise to a pecuniary liability of the City or, to the extent permitted by law, of any of its officers, agents or employees, and no holder of this Note shall ever have the right to compel any exercise of the taxing power of the City to pay this Note or the interest thereon, or to enforce payment thereof against any property of the City, and this Note does not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, and the agreement of the City to perform or cause the performance of the covenants and other provisions herein referred to shall be subject at all times to the availability of revenues or other funds furnished for such purpose in accordance with the Loan Agreement, sufficient to pay all costs of such performance or the enforcement thereof. 12. It is agreed that time is of the essence of this Note. If the City defaults in the payment when due of any installment of principal or interest or any premium or penalty due hereunder and if said default shall have continued for a period of ten (10) days, or if an Event of Default shall occur as set forth in the Mortgage, the Construction Loan Agreement or the Loan Agreement, then the Holder shall have the right and option to declare the Principal Balance, and accrued interest thereon, together with the premium, if any, payable under paragraph 8 hereof, immediately due and payable but solely from the sources specified in paragraph 11 hereof. Failure to exercise such option at any time shall not constitute a waiver of the right to exercise the same at any subsequent time. 13. The remedies of the Holder, as provided herein and in the Mortgage, the Assignment of Rents and Leases, the Guaranty, the Loan Agreement and the Construction Loan Agreement, are not exclusive and shall be cumulative and concurrent and may be pursued singly, successively or together, at the sole discretion of the Holder, and may be exercised as often as occasion therefor shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. 14. The Holder shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Holder, and then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. - 11 - 10/25 15. This Note has been issued without registration under state or federal 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 accord- ance with an applicable exemption from such registration requirements. IT IS HEREBY CERTIFIED AND RECITED. that all conditions, acts and things required to exist, happen and be performed precedent to or in the issuance of this Note do exist, have happened and have been performed in regular and due form as required by law. IN WITNESS WHEREOF, the City has caused this Note to be duly executed in its name by the manual signatures of the Mayor, City Clerk, and has caused the corporate seal . to be affixed hereto, and has caused this Note to be dated October 25, 1982. CITY OF MAPLEWOOD, MINNESOTA /s/ John C. Greavu Mayor ATTEST: /s/ Lucille E. Aurelius City Clerk (SEAL) 4,' 1981 Engineering Charges — Holloway Project Authorized a transfer of $2,833 from the General Fund to the Special Assessment Fund in order to adjust the 1981 in —house engineering charges for the Holloway Avenue Improve- ment Project No. 81 -12. F. PUBLIC HEARINGS 1. 7:00 P.M. Housing Plan a. Mayor Greavu convened the meeting for a public hearing regarding the proposal of the Housing and Redevelopment Authority to adopt a 462 C Housing Bond Plan for First Time Home Buyers Program. b. Manager Evans presented the staff report. C. A representative of the Miller and Schroeder spoke on behalf of the proposal. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilmember Bastian introduced the following resolution and moved its adoption: 82 -10— 144 WHEREAS, the City. of Maplewood (the "City ") desires to encourage the development — 12 — 10/25 of ownership opportunities for senior citizens in the City; and WHEREAS, the City desires to assist first —time homebuyers with the purchase of affordable housing units within the City; and WHEREAS, Minnesota Statutes, Chapter 462C (the "Act ") authorizes the City to develop and administer programs of making or purchasing mortgage loans to finance the acquisition of single family housing units located anywhere within its boundaries for occupancy primarily by persons of low and moderate income; and WHEREAS, the Act requires the adoption ofa - housing plan (the "Housing Plan ") after a public hearing held after the publication of notice of the hearing at least thirty (3) days prior to the public hearing; and WHEREAS, on September 22, 1982 notice of a public hearing to be held on October 25, 1982 to consider the Housing Plan was published in the Maplewood Review; and WHEREAS, the City has prepared a Housing Plan pursuant to the Act; and WHEREAS, the Act requires the submission of the Housing Plan to the Metropolitan Council for review and comment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Maplewood, Minnesota: 1. That the Housing Plan as is on file with the City Clerk is adopted; and 2. That the City Manager is authorized and directed to submit the Housing Plan to the Metropolitan Council for review and comment. Seconded by Mayor Greavu. Ayes — all. h. Council set a joint meeting with the HRA for November 10, 1982 to discuss a draft of the first time home buyer program. 2. 7:10 P.M. Special Exception — Variance 1060 No. Sterling — Montessori a. Mayor Greavu convened the meeting for a public hearing regarding the request of Montessori Day Care Center, Inc. for approval of aspecial exception to operate a day care center at the Beaver Lake School and a variance to erect a 32 square foot sign. The Clerk stated the hearing notice was in order and noted the dates of publicatoin.- b. Special Exception 1. Manager Evans presented the staff report. 2. Chairman Les Axdahl presented the following Planning Commission recommend- ation: "Commissioner Hejny moved the Planning Commission recommend to the City Council approval of a special exception to operate a Montessori day care center at 1060 Sterling Avenue for one -year. If no nuisance condition exists at the end of one year, Council may renew the permit. Approval is subject to: 1. Smoke detection devices shall be installed in corridors. — 13 — 10/25 2. Emergency lighting shall be provided according to the Fire Marshal's speci- fications. 3. There shall be protective covers over electrical receptacles in areas where there will be children under five years of age. Commissioner Kishel seconded. Ayes — Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Howard, Kishel, Prew, Sletten, Whitcomb." 3. Marshal Everson, representing Montessori Day Care Centers, spoke on behalf of the request. 4. Mayor Greavu called for opponents. None were heard. 6. Mayor Greavu closed the public hearing. 7. Councilmember Anderson introduced the following resolution and moved its adoption: 82 — 10 — 145 WHEREAS, a special exception permit request has been initiated by Montes- sori Day Care Centers for a day care center for the following described property: Plat of survey of a parcel of land in the SW 1/4 of the NE 1/4 of Section 25, Town 29, Range 22, RamseyCounty, Minnesota described as: except the North 68 feet of the South 288 feet of the East 170 feet and except the South 220 feet of the East 105 feet, the West 377.22 feet of the North 544.21 feet of said 1/4 1/4 Section. Such above property being also known and numbered as 1060 Sterling Street, Maplewood, Ramsey County, Minnesota: WHEREAS, the procedural history of this special exception permit request is as follows: 1. That a special exception permit request has been pursuant to the requirements of Section 36 -66 of the Maplewood Zoning Code; 2. That said special exception permit request was referred to.and reviewed by the Maplewood Planning Commission on the 20th day of September, 1982, at which time said Planning Commission recommended to the City Council that said special exception permit be conditionally approved; NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL, that the above described special exception be granted for one year if no nuisance condition exists at the end of one year, Council may renew the permit. Approval is subject to: 1. Smoke detection devices shall be installed in corridors. 2. Emergency lighting shall be provided according to the Fire Marshal's speci- fications. 3. There shall be protective covers over electrical receptacles in areas where there will be children under five years of age. — 14 — 10/25 Seconded by Councilmember Bastian. Ayes — all. C. Variance 1. Manager Evans presented the staff report. 2. The following Community Design Review Board recommendation was presented: "Chairman Phillippi moved the Board recommend approval of the sign variance for the Sun Ray Montessori Center based on the findings that: 1. The proposed sign meets the spirit and intent of the Sign Code. 2. The Sign Code creates a hardship _since it does not permit signage for public, church or community service facilities. 3. The sign will not exceed 32 square feet. 4. Staff to approve placement and design. 5. Applicant to construct an attractive sign. Board Member Hedlund seconded. Ayes all." 3. Marshal Everson spoke on behalf of the proposal. 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. Mayor Greavu introduced the following resolution and moved its adoption: 82 — 10 — 146 WHEREAS, a variance request has been initiated by Montessori Day Care Centers, Inc. to erect a 32 square foot sign for the following described property: Plat of survey of a parcel of land in the SW 1/4 of the NE 1/4 of Section 25, Town 29, Range 22, Ramsey County, Minnesota described as; except the North 68 feet of the South 288 feet of the East 170 feet and except the South 220 feet of the East 105 feet, the West 377.22 feet of the North 544.21 feet of said 1/4 1/4 Section. Such above property being also known and numbered as 2551 Stillwater Road, Maplewood, Ramsey County,'•Minnesota: WHEREAS, the procedural history of this variance request is as follows: 1. That a variance request has been initiated by Montessori Day Care Centers. Ins., pursuant to Chapters 912 and 1000 of the Maplewood Code and Section 462.357(g) of State Statute; 2. That said variance request was referred to and reviewed by the Maplewood Community Design Review Board on the 28th day of September, 1982, at which time said Board recommended to the City Council that said variance be approved. — 15 — 10/25 3. That the Maplewood City Council held a public hearing to consider the variance request, 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 Board. NOW, THEREFORE., BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA that the above described variance be granted on the basis of the following findings of fact: 1. The proposed sign meets the spirit and intent of the Sign Code. 2. The Sign Code creates a hardship since it does not permit signage for public, church or community service uses. Seconded by Councilmember Bastian. Ayes — all. 3. 7:15 P.M. Special Use Permit: Century and Ivy — Pearson Estates a. Mayor Greavu convened the meeting for a public hearing regarding the request of Richard N. Pearson for a special use permit to construct a 245 lot mobile home park to be located west of Century Avenue and north of Ivy Avenue. The Clerk stated the hearing notice was in order and noted the dates of publication. i b. Manager Evans presented the staff report.. C. Chairman Les Axdahl presented the following Planning Commission commendation: "Commissioner Pellish moved the Planning Commission recommend to the City Council approval of the resolution approving a special use permit-.for mobile home park for up to 245 units subject to the following conditions: 1. Approval of a grading permit within one year of special use permit approval. 2. Complete the following before a grading permit is issued: a. Deeding of seventeen feet of right —of —way adjacent to Highway 120 to the State Highway Department. b. Deeding of a fifteen —foot wide utility easement along the west property line to the City. C. Deeding of a thrity —foot wide street and utility easement for Ivy Avenue, from Century Avenue to Ferndale Street. d. Approval of a gradingq drainage, utility and erosion control plan by the City Engineer. A cash escrow or letter of credit, the amount to be determined by the City Engineer, shall be provided to guarantee compliance with the erosion control plan. e.. Approval of the turning radii on the private streets bythe Fire Marshal. Radii shall be designed to allow for emergency vehicles and bus loop around block "N ". A Bus turn— around shall be allowed around block "N ". — 16 — 10/25 3 Each lot shall be allowed one exterior storage shed for no.more than 120 square feet. Such shed must be kept in workmanlike repair and painted. 4. There shall be no exterior storage of equipment including bikes, boats, and other recreational vehicles. 5. No access shall be allowed to Century Avenue. 6. No construction or grading shall be allowed to disturb the tamarack grove. 7. The private sanitary sewer, water mains and streets shall be constructed to be consistent with Maplewood and St. Paul water utility standards to ensure a reasonable level of service. 8. All utility installations shall be underground. 9. The private streets must be at least 28 feet in width with parking on one side only. 10. Water lines must be flushed at least once each year or as required by the en- vironmental health officer. 11. The site plan and landscaping plan must be reviewed and approved by the Community Design Review Board. The Board shall give special consideration to: a. Varying the placement of homes on the site where practical. b. Minimizing the affect of the noise from Century Avenue be berming and land - scaping. C. Landscaping shall be placed so as not to hamper the removal or placement of mobile homes on the site. 12. All storm water discharge must be directed to the wetland to the west. No connection to the City storm sewer shall be allowed. 13. A mobile home may not be moved onto a lot until the following is completed: a. A street is paved in front of the lot. b. Utilities are available. C. A foundation, sidewalk and driveway are completed. d. Required trees, shrubs or berming must be in place. 14. Sod for lots must be in place thirty days after a lot is occupied, or a letter of credit or cash escrow deposited with the Director of Community Development to ensure installation. 15. All mobile homes must be new at the time of installation, skirted and tied down. Skirting shall extend from the frame of the chassis to the ground. Skirting must be painted to match the mobile home. 16. All tie —down and foundations must meet the State Building Code. 17. A Storm Shelter or shelters to accommodate 500 persons shall be provided, must remain free of storage and be centerally located in the mobile home park for access during emergencies. — 17 — 10/25 18. The sign regulations for the R -3 district shall apply. 19. The following minimum setbacks shall apply: a. Twenty feet to a private street b. Thirty feet to a public right —of —way C. Five —foot side yard setback on the side opposite the entry d. Twenty —foot side yard setback on the entry side. 20. No structures shall be allowed in a required setback, except for an acces- sory building in the twenty —foot side yard setback. Such accessory building must have a side yard setback of at least five feet. 21. Construct at Least a thirty —inch sidewalk from the driveway to each mobile home entrance. 22. Sales of mobile homes shall be limited to those owned by park residents and those sold by the park owner for placement in the park. 23. The developer shall provide traffic control signs as required by the Director of Public Safety. 24. Compliance with all pertinent State Statutes and /or regulations. 25. This special use permit shall be reviewed one year after the grading permit is issued to determine compliance with conditions and whether a change in con- ditions is necessary to resolve problems that may have developed. The Planning Commission also recommends the following be added to the findings of fact in the proposed resolution for the special use permit: 3. Approval of this special use permit does not constitute approval of the site plan by the Planning commission. Commissioner Fischer seconded. Ayes -- Commissioner Axdahl, Barrett, Ellefson, Fischer, Howard, Kishel,Pellish, Prew, Sletten, Whitcomb." d. Mr. Richard Pearson, the applicant, spoke on behalf of the proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. The following were heard: Mr. Carl Stephan, 2253 Geneva Avenue Mr. Floyd Schwong, 2333 Geneva Avenue Mr. Robert Kramlinger, 2555 Geneva Avenue Mr. Fred Chase, 2537 Geneva Avenue. g. Mayor Greavu closed the public hearing. h. Councilmember Anderson introduced the followinR resolution and moved its adoption: 82 — 10 — 149 — 19 — 7n/95 WHEREAS, special use procedure has been initiated by Richard Pearson for a special use permit for a 245 lot mobile home park for the following described property: The northeast quarter of the southeast quarter of Section 24, township 29, Range 22 WHEREAS, the procedural history of this special use permit procedure is as follows: 1. That a special use permit has been initiated by Richard Pearson, pursuant to the Maplewood Code; 2. That said procedure was referred to and reviewed by the Maplewood City Planning Commission on the 4th day of October, 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 special use permit, 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 special use permit be granted on the basis of the following findings of fact: - 1. A mobile home park is consistent with the comprehensive plan. 2. The conditions of the special use permit will assure compatibility with adjacent land uses. Approval is subject to the following conditions: 1. Approval of a grading permit within one year of special use permit approval. 2. Complete the following before a grading permit is issued: a. Deeding of seventeen feet of right —of —way adjacent to Highway 120 to the State Highway Department. b. Deeding of a thirty foot wide street and utility easement for Ivy Avenue, from Century Avenue to Ferndale Street. C. Approval of a grading, drainage, utility and erosion control plan by the City Engineer. A cash escrow or letter of credit, the amount to be determined by the City Engineer, shall be provided to guarantee compliance with the erosion control plan. d. Approval of the turning radii on the private streets by the fire marshal. Radii shall be designed to allow for emergency vehicles and bus loop around block "N ". A bus turn— around shall be allowed around block "N ". 3. There shall be no exterior storage of equipment, such as bikes, hoses, lawn- mowers, rakes, etc. — 19 — 10/25 4. Each lot shall be allowed one exterior storage shed for no more than 120 square feet. Such shed must be kept in workmanlike repair and painted. 5. No access shall be allowed to Century Avenue. 6. No construction or grading shall be allowed to disturb the tamarack grove. 7. The private sanitary sewer, watermains and streets shall be constructed to be consistent with Maplewood and St. Paul water utility standards to ensure a reasonable level of service. 8. All utility installations shall be underground. 9. The private streets must be at least -28 feet in width, with parking on one side only. 10. Water lines must be flushed at least once each year or as required by the en- vironmental health officer. 11. Approval of this special use permit does not constitute approval of the site plan. The site plan and landscaping plan must be reviewed by the Community Design Review Board. The Board shall give .special consideration to: a. Varying the placement of homes on the site where practical. b. Minimizing the affect of the noise from Century Avenue be berming and land- scaping. C. Landscaping shall be placed so as not to hamper the removal or placement of mobile homes on the site. 12. All stormwater discharge must be directed to the wetland to the west. No con- nection to the City storm sewer shall be allowed. 13. A mobile home may not be moved onto a lot until the following is completed: a. A street is paved in front of the lot. b. Utilities are available. C. A foundation, sidewalk and driveway are completed. d. Required trees, shrubs or berming must be in place. 14. Sod for lots must be in place thirty days after lot is occupied, or letter of credit or cash escrow deposited with the Director of Community Development to ensure installation. 15. All mobile homes must be new, skirted and tied down. Skirting shall extend from the frame of the chassis to the ground. Skirting must be painted to match the mobile home. 16. All tie —downs and foundations must meet the State Building Code. 17.. The storm shelter must remain free of storage and available for use. — 20 — 10/25 18. The sign regulations for the R -3 district shall apply. 19. The following minimum setbacks shall apply: a. Twenty feet to a private street b. Thirty feet to a public right —of —way C. Five foot side yard setback on the side opposite the entry d. Twenty foot side yard setback on the entry side. 20. No structures shall be allowed in a required setback, except for an accessory building in the twenty foot side yard setback. Such accessory building must have -a side yard setback of at least five feet. 21. Construct at least a thirty inch sidewalk from the driveway to each mobile home entrance. 22. Sales of mobile homes shall be limited to those owned by park residents and those sold by the park owner for placement in the park. 23. The developer shall provide traffic control signs as required by the Director of Public Safety. 24. Compliance with all pertinent State Statutes and /or regulations. 25. This special use permit shall be reviewed one year after the grading permit is issued to determine compliance with conditions and whether a change in con - ditions -is necessary to resolve problems that may have developed. Seconded by Mayor Greavu. Ayes — all. 4. 7:45 P.M. Special Use Permit: 940 Frost Avenue — St. Paul Tourist Cabins a. Mayor Greavu convened the meeting for a public hearing regarding the request of Mr. Harold Freitag, 940 Frost Avenue, for a special use permit to increase the number of permanent mobile homes from 44 to 45 at 940 Frost Avenue. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. C. Chairman Les Axdahl presented the Planning Commission recommendation: "Commissioner Fischer moved the Planning Commission recommend to the City Council approval of a speccal use permit for a 45 unit mobile home park including nine transient tent and recreation vehicle sites and nineteen tourist cabins located at East Shore Drive and Frost-'Avenue, subject to: 1. The add —on portion of the southerly mobile home that encroaches upon the East Shore Drive right —of —way shall be removed prior to a building permit being issued for a mobile home on the "closed driveway" site. 2.. The mobile home on the "closed driveway" site shall be set back from Frost Avenue at least that of the adjacent mobile homes. 3. The special use permit shall be subject to Council review in five years. — 21 — 10/25 4. Existing living trees that provide screening from East Shore Drive and Frost Avenue shall not be removed without permission from the Community Design Review Board. Commissioner Sletten seconded. Ayes — Commissioners Axdahl, Barrett, Ellefson, Fischer, Howard, Kishel, Pellish, Prew, Sletten, Whitcomb." d. Mr. Harold Freitag, the applicant, spoke on behalf of his request. e. Mayor Greavu called for proponents and opponents. The following voiced their opinions: Mr. Davis, 1058 Frost Avenue. f. Mayor Greavu closed the public hearing. g. Councilmember Anderson introduced the following resolution and moved its adoption: 82 — 10 — 150= WHEREAS, a special use permit request has been initiated by Harold Freitag to increase the number of permanent mobile home sites from 44 to 45 on the following described property: That portion of the West 10 acres of the East 15 acres of the West 25 acres of Lot 2, Section 16, Township 29, Range 22,'described as follows: Commencing at the center of said Section 16, thence West along 1/4 section line a distance of 619.17 feet, thence turning an angle Southerly 89 °40' for a distance of 90.4 feet to a point of beginning, which point is on the South side of Frost Avenue as now located, thence continuing on said line Southerly 720.4 feet, thence turning an angle of 90 °00' Westerly for a distance of 67.5 feet, thence turning an angle Northwesterly 61 °57' for a distance of 613.05 feet to a point on the South side of Frost Avenue as now located, thence Northeasterly along South side of Frost Avenue 398.10 feet to point of beginning. AND That part of the West 10 acres of the East 15 acres of the West 25 acres of Government Lot 2, Section 16, Township 29, Range 22, described as follows: Commencing at the center of said Section 16, Township 29, Range 22; thence West along the 1/4 section line 619.17 feet; thence deflecting to the left 89 °40' and South a distance of 810.8 feet to the point of beginning of land to be described; thence West at right angles 97.18 feet; thence deflecting 117 °10'2" to the left and Southeasterly 212,.79 feet -.to the Northerly line of East Shore Drive; thence deflecting 332 °49'h' to the left and North along the first mentioned 89 °40' line extended, a distance of 189.3 feet to the point of beginning. AND All that part of the East 5 acres of the West 25 acres of Government Lot 2, Section 16, Township 29, Range 22, lying North of the North right -of -way line of East Shore Drive and Parkway and Westerly and - 22 - 10/25 Northwesterly of a line parallel to and 65 feet Westerly and North- westerly of the following described line: Commencing at the center of Section 16, Township 29 North, Rangq 22 West; thence West (assumed bearing 90 000' West) along the West 1/4 section line (said line being the North line of Government Lot 2), for a distance of 250 feet to point of beginning of centerline herein to be described; thence South on a line bearing South 00 °08' West for a distance of 65.94 feet to the beginning of a 16 °00 arc curve to the right; thence along said curve (having a central angle of 45 012', a- tangent of 149.06 feet, and a radius of 358.10 feet) for a distance of 282.50 feet; thence Southwesterly on a line tangent to last described curve bearing South 45 °20' West for a distance of 67.09 feet to the beginning of a 20 000' arc curve to the left; thence along said curve (having a central angle of 45 0001, a tangent of 118.66 feet and a radius of 286.48 feet) for a distance of 225.00 feet; thence Southerly on a line tangent to last described curve bearing South 00 020' West for a distance of 212:09 feet to the beginning of a 100 arc curve to the right; thence along said curve (having a central angle of 15 °15', a tangent of 76.70 feet, and a radius of 572.96 feet) for a distance of 152.50 feet; thence Southwesterly on a line tangent to last described curve bearing South 15 035' West for a distance of 40.19 feet to the beginning of.a 101 arc curve to the left; thence along said curve (having a central angle of 13 °00', a tangent of 65.2$ feet, and a radius of 572.96 feet) for a distance of 130.00 feet; thence Southerly on a line tangent to last described curve bearing South 02 035' West for a distance of 42.62 feet more or less to its intersection with the centerline of East Shore Drive and there terminating, and South of a line parallel to and 43 feet South of the centerline of Frost Avenue. Such above property being also known and numbered as 940 Frost Avenue, Maplewood, Minnesota: WHEREAS, the procedural history of this special use permit request is as follows: 1. That a special use permit request was made pursuant to the require- ments of section 911 of the Maplewood Zoning Code; 2. That said special use permit request was referred to and reviewed by the Maplewood Planning Commission on the 4th day of October, 1982, at which time said Planning Commission recommended to the City Council that said special use permit be approved; 3. That the Maplewood City Council held a public hearing to consider the special use request, 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 MAPLEWOOD CITY COUNCIL, that the above- described special use permit be granted. - 23 - 10/25 Seconded by Councilmember Bastian. Ayes — all. a 5. 8:00 P.M. Variances — Lark Avenue — Leigh Investments, Inc. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Leigh Investments for approval of a lot width variance of five feet and a lot area variance of 550 square feet to build a house on a 70 foot by 135 foot lot located on the south side of Lark, between Birmingham and Hazelwood. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. C. Mr. John Doyle, Leigh Investments, spoke on behalf of the variances. 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. Councilmember Maida introduced the following resolution and moved its adoption: 82 — 10 — 1 49 WHEREAS, a variance request has been initiated by Leigh Investments, Inc. for a five foot lot frontage variance and a 550 square foot lot area variance for the following described property: Lot 15, Block 8, Sabin Addition to Gladstone along with half of the vacated Barclay Street right of way adjacent to said lot and one half of the vacated alley abutting said Lot 15. Such above property being also known and numbered as Maplewood, Ramsey County, Minnesota: WHEREAS, the procedural history of this variance request is as follows: 1. That a variance request has been initiated by Leigh Investments, Inc., pursuant to chapters 912 and 1000 of the Maplewood Code and Section 462.357(8) of State Statute; 2. That said variance request was referred to and reviewed by the Maplewood City Planning Commission on the day of , 1982, at which time said Planning Commission recommended to the City Council that said variance be approved; 3. That the Maplewood City Council held a public hearing to consider the var- iance reqeust, 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 variance be granted an the basis of the following findings of fact: — 24 — 10/25 1. There is a hardship since the property could not be put to reasonable use if the code requirements were strictly enforced. 2. The variance would be in keeping with the spirit and intent of the ordinance. 3. The city has approved comparable lot width and area variances in the past. 4. The variances would permit the development of the site and eliminate an eyesore. Seconded by Councilmember Anderson. Ayes — all. 6. 8:15 P.M. Code Amendment: Double Dwelling Entrances. a. Mayor Greavu convened the meeting for a public hearing regarding an amendment to the zoning code to delete the requirement for - twoentrances to each unit of a double dwelling. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. C. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Fischer moved the Planning Commission recommend that the City Council approve the resolution to delete the requirement for two entrances to each unit of a double dwelling in order to make the zoning code consistent with the Uniform Building Code. Commissioner Pellish seconded. Ayes — Commissioners Axdahl, Barrett, Ellefson, Fischer, Howard, Kishel, Pellish, Prew, 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. Councilmember Bastian moved first reading of an ordinance amending the zonine, code to delete the requirement for two entrances —to —each unit of a double dwelling_ Seconded by Councilmember Maida. Ayes — all. 7. 8:30 P.M., Rezoning: 1559 E. County Road C — Haffely a. Mayor Greavu convened the meeting for a public hearing regarding the request of Mr. Grant Haffely, 1559 E. County Road C for a zone change from R -1 Residence single dwelling to R -2 Residence double dwelling for the property at 1559 E. County R oad C. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. C. Mr. Grant Haffely, the applicant, spoke on behalf of his request. .d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. — 25 — 10/25 f. Mayor Greavu closed the public hearing. g. Councilmember Maida introduced the following resolution and moved its adoption:— 82 — 10 — 150 WHEREAS. a rezoning procedure has been inftited by Grant Haffely for a zone change from F —Farm Residence to R -2 Residence District (Double Dwelling) for the following described property: The East 7 rods of the West 16 rods of the South 12 rods of the Southeast Quarter (SEk) in Section 3, Township 29, Range 22, subject to road. Such above property being also known and numbered as Number 1559 East County Road C, Maplewood, Ramsey County, Minnesota: WHEREAS, the procedural history of this rezoning procedure is as follows: 1. That a rezoning procedure was initiated by Grant Haffely, 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 7th day of June and on the 4th day of October, 1982, at which times 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 re- zoning 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 proposal is consistent with the intent of the Land Use Plan. 2. The use will not detract from the use or character of neighboring properties. 3. The dwelling will help the community meet its low to moderate rental housing needs. 4. The use is consistent with the zoning code requirements for double dwellings. Seconded by Mayor Greavu. Ayes — all. G. AWARD OF BIDS None. — UNFINISHED BUSINESS 1. Code Amendment — BC(M) District — Second Reading — 26 — 10/25 a. Manager Evans presented the staff report. b. .Mayor Greavu introduced the following ordinance and moved its adoption:- ORDINANCE. NO. 524 An Ordinance Amending Chapter 36 Maplewood Municipal Code Relating to Restaurant and Recreation Uses BE IT ORDAINED BY THE CITY OF MAPLEWOOD AS FOLLOWS: Section 1. Section 36 -155 is amended to read as follows: 1. INTENT. The BC (M), Business Commercial- Modified District is intended to provide for the orderly transition between more intensive commercial uses and low or medium density residential areas. Restrictions on, but not limited to, building height, setbacks, orientation, parking lot location, or location of building entrances may be required to ensure compatibility with abutting residential uses. 2. USE REGULATIONS. .A building may be erected or used, and a lot may be used or occupied, for any of the following purposes, and no other: a. Retail store; professional administrative offices; bank or savings and loan; personal service, craftsmen's shop, mortuary b. Hotel or motel C. Walk -in theatre d. Job printing shop e. Bakery or candy shop producing goods for on- premises retail sales. f. Any use of the same general character as any of the above permitted uses, as determined by the City Council, provided that no use which is noxious or hazardous shall be permitted. 3. The following uses when authorized by the City Council by means of a special use permit: a. All uses permitted in R -3 Multiple Dwelling Districts, except the con- struction of houses permitted in R -1 and R -2 districts. b. Laundromat or similar automatic self- service laundry C. Restaurant, where-there are no drive -up order windows or serving of food to patrons in their automobiles. All cooking odors must be controlled so as not to be noticeable to adjacent residences. d. Place of amusement, recreation, or assembly, other than a theater, where there are no outdoor activities. 4. Prohibited uses: a. Drive -in theaters or drive -in restaurants - 27 - 10/25 b. Commercial or fee parking lots where such use is the only use of given parcel or where such use provides for general rather than specific use parking. - 5. Definitions: Drive —in restaurant. A restaurant with a drive —up order window or serving of food to patrons in their automobiles. Section 2. This ordinance shall take effect upon its passage and publication. Seconded by Councilmember Maids. Ayes — all. 2. Ramsey County Watershed Assessment a. Manager Evans presented the staff report. b. Councilmember Bastian moved to table this item until the City's appeal to the waterhsed assessments are settled. Seconded by Councilmember Anderson. Ayes — all. 3. Ordinance Amendment — Billboards a. Cancelled. 4. Rubbish Removal a. Manager Evans presented the staff report. b. Mr. David Johnson, Bellaire Sanitation, spoke on behalf of the ordinance amend- ment. C. Councilmember Bastian moved first reading of an ordinance — amending —the ordinance relating to disposal of garbage and rubbish by— allowing —the use —of containers. Seconded by Councilmember Maida. Ayes — all. I. NEW BUSINESS 1. LOG15 Joint Powers Agreement Approval a. Finance Director Dan Faust presented the staff report. b. Mr. Ted Willard, LOGIS, explained the proposal. C. Councilmember Bastian introduced the following resolution and moved its adoption: 82 — 10 — 151 WHEREAS, a Report on Data Processing Options has been prepared which outlined the City's current data processing services and its data processing goals; and WHEREAS, this report analyzed various data processing alternatives relative to these goals and determined that the Local Government Information Systems Assoc- iation (LOGIS) is the most cost effective approach for the City to meet its im- mediate data processing needs. — 28 — 10/25 NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Manager are hereby authorized to execute the Local Government Information Systems (LOGIS) Joint and Cooperative Agreement on behalf of the City of Maplewood for participation as an operating associate member; and BE IT FURTHER RESOLVED, that the City Manager is appointed to represent the City of Maplewood on the LOGIS Board as director and the Finance Director is appoint- ed as alternate director in accordance with the provisions of the agreement. Seconded by Councilmember Anderson. Ayes — all. 2. Hazelwood Street, Frost Avenue T.H. 36 a. Manager Evans presented the staff report. b. Councilmember Bastian introduced the following resolution and moved its adoption: 82 - 10 — 152 WHEREAS, the City Council has determined that it is necessary and expedient that the improvements within the project limits of Hazelwood Street, between Frost Avenue and T.H. 36, by the construction of the roadway, storm sewer and appurtenances be studied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the improvement as hereinbefore described is hereby referred to the City En- gineer, and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and should best be made as proposed, and the estimated cost of the improvement as recommended; and BE IT FURTHER RESOLVED that the aforesaid work be hereafter referred to as Project No. 82 -13. Seconded by Councilmember Anderson. Ayes — all. J. VISITOR PRESENTATION_ None. K. COUNCIL PRESENTATION i, Leaf Pickup a. Councilmember Anderson stated he was curious as to why the City does not have a leaf pickup program. b. Staff stated such a program would be hard to control and finance. 2. Anniversary Run a.. Councilmember Bastian commented on the anniversary run and wished to thank, on behalf of the Chamber of Commerce, Public Safety, Public Works and the Recreation Department for their support. 3. Arcade Street — Safety and Health Hazard — 29 — 10/25 a. Councilmember Bastian requested Staff bring the Council up to date on the special meeting last Monday pertaining to the Arcade Street driveway and the public safety concerns. b. Director of Public Works Haider stated he had fully explained to Mr. Pelitech what Council ordered to be done. If this is not done, the City will draw on the letter of credit and have the work completed. He also talked to the parties involved regarding the illegal water service and requested they try to work out a solution. C. Councilmember Bastian moved to authorize staff to take—appropriate action on the letter of credit tofullfill the - conditons ordered at the meeting of October 18,982 and that until such time as the public safety concerns are met, no occu permit shall be granted. Seconded by Councilmember Anderson. Ayes — all. L. ADMINISTRATIVE PRESENTATIONS 1. Beam Avenue a. City Attorney John Bannigan explained the court decision regarding Schreier's Beam Avenue assessment. b. Mayor Greavu introduced the following resolution and moved its adoption: 82 — 10 — 147 WITNESSETH: WHEREAS, pursuant to the provisions of Minnesota Statutes, Chapter 429 thereof, as amended, the City of Maplewood on August 24, 1976, levied certain special assess- ments for local public improvements commonly known and numbered as Beam Avenue Assessments, Projects No. 70 -5A and 71 -15, to wit: SEE EXHIBIT "A "ATTACHED WHEREAS, Richard J. Schreier and others, fee owners of record of Parcels No. 10, 12 &13, 14, 21 and 27, pursuant to the provisions of Minnesota Statutes, Section 429.081, as amended, timely appealed from said special assessments to the Ramsey County District Court; and WHEREAS, pursuant to its Judgment entered in said assessment appeal, the Ramsey County District Court ordered vacated and canceled those levied special assessments together with any delinquencies thereto through and including those payable with the General Real Property taxes payable in the year 1982. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Maplewood that those special assessments identified on Exhibit "A" hereto attached be, and hereby are, vacated and canceled together with any delinquencies thereto through and including those payable with the General Real Property taxes payable in the year 1982. Adopted this 25th day of October, 1982. Seconded by Councilmember Maida. Ayes — Mayor Greavu, Councilmembers Anderson, and Maida. Nays — Councilmember Bastian. — 30 — 10/25 C. Mayor Greavu introduced the following resolution and moved its adoption: 82— 10 -148 WITNESSETH: WHEREAS, prusuant to the provisions of the Judgment of the Ramsey County District Court dated, filed and entered the 31st day of July, 1980, the Maplewood City Council proposes to reassess for local public improvements commonly known and numbered as Beam Avenue Assessments, Projects No. 70 -5A and 71 -15, those parcels or real property in the amounts as more particularly described hereinafter, to wit: SEE EXHIBIT "A -1" ATTACHED NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Maplewood as follows: 1. That the proposed assessment set forth in Exhibit "A -1" attached is hereby accepted and shall constitute the special assessment against said parcels and that each said parcel is found to benefit by the local public improve- ment in the amount of the assessment levied against it. 2. That the assessment for Project No. 70 -5A for street, curb and gutter and for Project No. 71 -15 for street and bridge, shall be payable in equal annual installments extending over a period of three (3) 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 seven (7%) percent per annum from the date of the adoption hereof. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1982. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. 3. That the terms and provisions of Resolutions No. 76 -81- 160 -161 and 162, insofar as they are not otherwise inconsistent herewith are incorporated herein by reference. 4. That the City Clerk shall forthwith transmit a certified duplicate of this assessment to the Ramsey County Auditor to be extended on the property tax lists of said County and such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted this 25th day of October, 1982. Seconded by Councilmember Maids M. ADJOURNMENT 10:12 P.M. — 31 — Ayes — Mayor Greavu; and Maida. Nays — Councilmember Councilmembers Anderson Bastian. City Clerk 10/25