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HomeMy WebLinkAbout07.25.83MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, July 25, 1983 Council Chambers, Municipal Building Meeting No. 83- 18 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 7:03 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 Mary Lee Maida, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes 83 -16 (July 11, 1983) Councilmember Anderson moved to approve the Minutes of Meeting No. 83 -16 (July 11, 1983) as submitted. Seconded by Councilmember Maida. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the agenda as amended: 1. Construction Signs 2. Garage Signs 3. Bike Ordinance 4. Signs 5. Storm Sewer 6. Sewer Billing 7. Add Liquor License - Fiddlers to Agenda F -5 Seconded by Councilmember Anderson. Ayes - all. E. CONSENT AGENDA Council removed items 3, 5, 6 and 7 from the Consent Agenda to become Item 3 -EA -1, Items 4, 5, 6, 7 - Items I -5, 6,,7 and 8. Mayor Greavu moved, seconded by Councilmember Juker, Ayes - all, to approve the Consent Aaenda Items 1. 2 and 4 as recommended. 1. Accounts Payable Approved the accounts ( Part I, Fees, Services, Expenses - Check register dated July 13, 1983 and July 14, 1983 - $426,140.03: Part II - Payroll dated July 8, 1983 $66,054.66) in the amount of $492,194.69. - 1 - 7/25 2. Time Extension: Cave's Century Addition I. Approval of two -year time extension for the Cave's Century Addition planned unit development, on the basis that the applicant is making satisfactory progress in the phased development of the site. II. Approval of a two -year time extension for that part of the Cave's Century Addition preliminary plat which has not been final platted (Cave's Century Addition and Cave's Century 2nd Addition). Approval is subject to the June 14, 1982 conditions of preliminary plat approval. E.A. 1. Time Extension - Beam Avenue to Highway 61 - Frattalone Excavation a. Manager Evans presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 83 -7 -119 WHEREAS, F.M. Frattalone Excavating, Inc. initiated a conditional use permit for mineral excavation at the following described property: Commencing at a point of the N line of Sec. 4 T. 29, R. 22, being 661.6 ft W of the NE corner of sd Sec. 4, thence W along sd sec line 661.6 ft to the NW cor of the NE 1/4 of the NE 1/4 of sd Sec. 4, S along the 1/4 1/4 line 1006 ft; thence E parallel with the N sec line NE 661 ft thence N 1006 ft to the place beg. 15.23 acres more or less, ex that part of said tracts taken by the State of Minn. Commencing on a point on the E line of Sec. 4, T. 29, R. 22W being 1006 ft S of the NE cor of sd Sec. 4, thence S along Sec. line 503 ft. to the SE cor of the NE cor 1/4 of the NE 1/4 of Sec. 4, thence W. along 1/4 1/4 sec line 1321 ft to SW cor of NE 1/4 of NE 1/4 of sd sec 4, thence N along 1/4 1/4 line 503 ft; thence E 1322 ft to pt of beg 15.23 acres more or less except the North 780 ft. WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was initated by F.M. Frattalone Excavating, Inc., pursuant to the Maplewood Code of Ordinances. 2. This conditional use permit was approved by the Maplewood City Council on June 28, 1982, subject to the following conditions: a. Adherence to the requirements and standards set forth in Chapter 36 Article IV (Mineral Extraction) of the City Code. b. County Road D or Highway 61 be used exclusively for access to the subject site. c. In accordance with Section 36- 407(b), annual mineral extraction permits must be obtained from the Director of Public Works. A plan for each year's operation shall be approved by the City Engineer. Annual permits shall designate the area, total acreage to be excavated, quantity of material to be removed, and specific erosion control measures. d. All excavation shall be in accordance with each year's approved plan. No deviations shall be allowed without prior approval from the Director of Public Works. - 2 - 7/25 e. There shall be no explosive detonations of any kind on the site. f. A suitable structure or method of operation must be employed to remove excess dirt from truck bodies and tires prior to exiting onto a public right of way. g. A variance be granted allowing operation beyond the 30 foot zone es- tablished in Section 36- 414(b.4) of the City Code. If the variance is not granted, grading operations must comply with the above Code by easing 30 feet from property lines. h. The permit holder is responsible for acquiring any permits from other agencies. i. All grading shall be in accordance with the approved grading plan prepared by Harry S. Johnson Companies, Inc. received April 28, 1982. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above described conditional use permit be renewed on the basis that all of the original conditions of approval are being met. Approval is subject to: 1. Renewal of the conditional use permit by Council in five years. 2. Compliance with the original conditions of approval. Seconded by Councilmember Maida. Ayes - all. 2. Establish Hearing Date - Industrial Revenue Note (SHARE) a. Manager Evans presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 83 - 7 - 120 RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING WHEREAS, (a) Chapter 474,, Minnesota Statutes, known as the Minnesota Municipal Industrial Development Act (the "Act ") gives municipalities the power to issue revenue bonds for the purpose of the encouragement and development of exonomically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemploy- ment; (b) The City Council of the City of Maplewood (the "City ") has received from a limited partnership to be formed under the laws of the State of - 3 - 7/25 Minnesota with SHARE Development :Corporation as the general partner to be known as Medical Property Partners I, (the "Company ") a proposal that the City assist in financing a project hereinafter described, through the is- suance of its industrial revenue bonds (which may be in the form of a single debt instrument) (the "Bonds ") pursuant to the Act; (c) Before proceeding wi:th-:consjderation : of the request of the Company it is necessary for the City to hold a public hearing on the proposal pur- suant to Section 474.01, Subdivision 7b, Minnesota Statutes; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. A public hearing on the proposal of the Company will be held at the time and place set forth in the Notice of Hearing hereto attached. 2. The general nature of the proposal and an estimate of the principal amount of bonds to be issued to finance the proposal are described in the attached form of Notice of Hearing. 3. A draft copy of the proposed application to the Commissioner of Energy and Economic Development, State of Minnesota, for approval of the project, together with proposed forms of all attachments and exhibits thereto, is on file in the office of the City Clerk. 4. The City Clerk is hereby authorized and directed to cause notice of the hearing to be given one publication in the official newspaper and a news- paper of general circulation available in the City, not less than 15 days nor more than 30 days prior to the date fixed for the hearing, substantially in the form of the attached Notice of Public Hearing. Adopted by the City Council of the City of Maplewood, Minnesota, this 25th day of July, 1983. John C. Greavu /s/ ATTEST: Lucille E. Aurelius /s/ City Clerk Seconded by Councilmember Bastian. Ayes - all. F. PUBLIC HEARINGS 1. Variance - 1913 Howard St. - Carlson, 7:00 P.M. a. Mayor Greavu convened the meeeting for a public hearing regarding the request of Mr. James Carlson for a twelve (12) foot setback variance from the Holloway right -of -way for a proposed addition at 1913 Howard Street. The Clerk stated the hearing notice was in order and noted the dates of publication. - 4 - 7/25 b. Manager Evans presented the staff report. c. Director of Community Development Geoff Olson presented the following Plan- ning Commission recommendation: Commissioner Hejny moved the Planning Commission recommend to the City Council approval of the resolution, granting a twelve -foot side yard setback variance for 1913 Howard, on the basis that: 1. Strict enforcement would cause undue hardship since any alternate addition would conflict with the use of the driveway or result in an unsuitable floor plan. 2. The variance would be in keeping with the spirit and intent of the ordinance since the sight line along Holloway Avenue would not be affected. 3. From an aesthetic standpoint, the proposed addition would be attractive and compatible with the existing building. 4. The present setback of the building will not be decreased. Commissioner Fischer seconded. Ayes - Commissioners Barrett, Fischer, Hejny, Pellish, Prew, Robens, Sletten, Whitcomb d. Mr. James Carlson, the applicant, spoke on behalf of the proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Councilmember Bastian introduced the following resolution and moved its adoption: 83 - 7 - 121 WHEREAS, James A. Carlson applied for a variance for the following -de- scribed property: The east half of Lot 1, Block 4, Hillcrest Gardens This property is also known as 1913 North Howard Street, Maplewood; WHEREAS, section 36 -71 of the Maplewood Code of Ordinances requires that the side yard setback on the street side of a corner lot be at least thirty feet; WHEREAS, the applicant is proposing a side yard setback of eighteen feet, requiring a variance of twelve feet; WHEREAS, the procedural history of this variance is as follows: - 5 - 7/25 1. This variance was applied for on June 10, 1983. 2. This variance was reviewed by the Maplewood Planning Commission on July 18, 1983. The Planning Commission crecommended to the City Council that said variance be affected. 3. The Maplewood City Council held a public hearing on July 25, 1983, to consider this variance. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also 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 variance be approved on the basis of the following findings of fact: 1. Strict enforcement would cause undue hardship, since any alternate addition would conflict with the use of the driveway or result in an unsuitable floor plan. 2. The variance would be in keeping with the spirit and intent of the ordinance since the sight line along Holloway Avenue would not be affected. 3. From an aesthetic standpoint, the proposed addition would be attractive and compatible with the existing building. 4. The present setback of the building will not be decreased. Adopted this 25th day of July, 1983. Seconded by Councilmember Juker. Ayes - all. I. NEW BUSINESS 1. Community Design Review Board Resignation. a. Manager Evans presented the staff report. b, Councilmember Bastian introduced the \following resolution and moved its adoption.: 83 -7- 122 WHEREAS, Robert Folley became a member of the Community Design Review Board of Maplewood on January 22, 1981, and has served faithfully in that capacity. WHEREAS, he has freely given of his time and energy, without compensa- tion, for the betterment of the City of Maplewood; and WHEREAS, he has shown sincere dedication to his duties and has consist - .ently contributed his leadership and effort in many ways for the benefit of the City. - 6 - 7/25 NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and the citizens of the City that Robert Folley is hereby extended our heartfelt gratitude and appreciation for this dedicated service and we wish his continued success in the future. Seconded by Councilmember Anderson. Ayes - all. c. Councilmember Bastian introduced the following resolution and moved its adoption: 83 - 7 - 123 WHEREAS, Victor Lydon became a member of the Community Design Review Board of Maplewood in August, 1980 and has served faithfully in that capacity. WHEREAS, he has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership and effort in many ways for the benefit of the City, NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and the citizens of the City that Victor Lydon is hereby extended our heartfelt gratitude and appreciation for his dedicated service and we wish his continued success in the future. Seconded by Councilmember Anderson. Ayes - all. F, PUBLIC HEARINGS (Continued) 2. Street Vacation - Lakewood Drive (7 :15 P,M,) a. Mayor Greavu convened the meeting for a public hearing regarding the proposed vacation of Lakewood Drive between County Road D and Brenner Avenue. The Clerk stated the hearing notice is in order and noted the dates of publication.. b, Manager Evans presented the staff report.. c, Director of Community Development Geoff Olson presented the following Planning Commission recommendation: Commissioner Hejny moved the Planning Commission recommend to the City Council approval of the resolution, to vacate the Lakewood Drive right -of- way from County Road D, south to Gall Avenue. The following conditions mgst be satisfied before the resolution for vacation may be recorded with Ramsey County. 1, Removal of the existing asphalt and reseeding the right -of -way. In order to assure the satisfaction of this condition, a developer's agreement with a surety for 150 percent of the estimated cost, shall be submitted to the city engineer. - 7 - 7/25 2. The first layer of asphalt must be laid for the extension of Gall Avenue to the east, as proposed in Robert Tilsen's Maplewood Heights #11 preliminary plat.. Commissioner Barrett seconded, Ayes - Commissioners Barrett, Fischer, Hejny, Pellish, Prew, Robens, Sletten, Whitcomb Commssioner Hejny moved the planning Commission recommend to the City Council approval of the resolution, vacating the Lakewood Drive right -of- way between Gall and Brenner Avenues, subject to retention of a utility and drainage easement over the entire right -of -way to be vacated. The following conditions must be satisfied before the resolution may be recorded: 1. Enter into a developer's agreement and post a 150 percent surety for the removal of the temporary asphalt curb and gutter and to install a permanent concrete curb and gutter along the north line of the intersection of Lakewood Drive and Brenner Avenue, 2. Deeding the parcel, lying west of this right -of -way and north of the park in Robert Tilsen's Maplewood Heights #9, to the land owner to the north or to the city to be included with the park property to the south. A public utility and drainage easement shall be granted over the easterly twenty feet. Commissioner Fisher seconded. Ayes - Commissioners Barrett, Fischer, Hejny, Pellish, Prew, Robens, Sletten, Whitcomb, d. Mr. James Tilsen, Tilsen Construction Co. spoke on behalf of the proposal. e. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following voiced their opinions: Mr. Tony Bruno, 2370 Gall Avenue Mr. Clyde Jones, 2360 Gall Avenue Mr. Tom Morris, 2324 Gall Avenue f. Councilmember Bastian moved to table Item F -2 until after Item F -3 had been discussed. Seconded by Councilmember Juker. Ayes - all. 3. P.U.D. Preliminary Plat - Tilsen's 11th Addition (7:15 P.M.) a. Mayor Greavu convened the meeting for a public hearing regarding the request of Tilsen Homes, Inc. for approval of a planned unit development and preliminary plat for a development of 36 double dwelling units and a single dwelling located on the south side of County Road D between Lakewood Drive and Bellaire Avenue. The Clerk stated the hearing notice was in order and noted the dates of publication. - 8 - 7/25 b. Manager Evans presented the staff report. c. Director of Community Development Geoff Olson presented the following Planning Commission recommendation: Commissioner Hejny moved the Planning Commission recommend to the City Council approval of the resolution, approving Robert Tilsen's Maple- wood Heights #11 planned unit development, subject to: T. Construction beginning within one year. 2. The northerly twenty feet of lots one through twelve, block one shall be landscaped, prior to issuance of any occupancy permit for the block. The landscaping shall provide a protective screen of at least eighty percent opaqueness, six feet in height. 3. The corners of each lot shall be identified by land survey monument prior to the issuance of any occupancy permit within block one, within lots one through thirteen of block two and within lots fourteen through twenty -five of block two. 4. The footings for each structure shall also be pinned and flagged for inspection, prior to the foundations being laid, to assure that the com- mon walls are located exactly on the common lot lines. 5. Adherence to the preliminary plat received by the city on July 6, 1983, subject to changes approved by the City, Commissioner Pellish seconded. Ayes - Commissioners Barrett, Fischer, Hejny, Pellish, Prew, Robens, Sletten, Whitcomb. Commissioner Pellish moved the Planning Commission recommend to the City Council approval of Robert Tilsen's Maplewood Heights #11 preliminary plat received by the city on July 6, 1983, subject to the following conditions: I. Approval of the planned unit development by the same name. 2. Council authorizing the vacation of Lakewood Drive from Brenner Avenue to County Road D. Final plat approval shall not be granted until a developer's agreement is submitted for the easterly extension of Gall Avenue and the removal and reseeding of Lakewood Drive north of Gall Avenue. 3. Council ordering the construction of a storm sewer, west along Gall Avenue prior to final plat approval. If the project is not ordered, approval must be obtained from the City Engineer for a drainage plan to enlarge the existing facilities, including the pond west of Lakewood Drive at Brenner Avenue. 4. City Engineer approval of final grading, utility and drainage plans. - 9 - 7/25 5. Submittal of a developer's agreement for street and utility construction. 6. Submittal of an acceptable erosion control plan before any building permits are issued, which considers the recommendations of the Soil Conservation Service. 7. The easterly fifty feet of Lot 25, Block 2, shall be shown as Bellaire Avenue right -of -way on the final plat. 8. The park lying south of the proposed plat, shall be vacated prior to final plat approval. 9. The park property lying to the south shall be included in the subject plat. That part of the "park" property to be combined with the single dwellings to the south shall be platted as outlots. The remainder of the "park" property shall be included as part of the lots in the proposed plat. 10. Prior to final plat approval, deeds shall be submitted to the city for recording, for the combination of any of the "park" property with the abutting single - dwelling lots to the south. All costs associated with the land transfers and combination shall be borne by the developer and included in the developer's agreement for Robert Tilsen's Maplewood Heights #11. Each of the deeds shall include a deed restriction stating that "separation of the properties described in this instrument shall not be permitted unless authorized by the City of Maplewood." Commissioner Barrett seconded. Ayes - Commissioners Barrett, Fischer, Hejny, Pellish, Prew, Robens, Sletten, Whitcomb, d. Mr. James Tilsen, Tilsen Homes, Inc., spoke on behalf of the proposal. e. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following were heard and voiced their opinions: Mr. Clyde Jones, 2360 Gall Avenue Mr. Jim Handrahan, 2300 Gall Avenue Mr. Tony Bruno, 2370 Gall Avenue Mr. Al Madson, 2373 Gall Avenue Mr. Tom Morris, 2324 Gall Avenue Mr. Bob Tilsen, Tilsen Construction questions. Company, answered the area residents' f. Mayor Greavu closed the public hearing. g. Councilmember Bastian introduced the following resolution and moved its adoption: 83 -7 -124 WHEREAS, Tilsen Homes, Inc. initiated a conditional use permit for a planned - unit development at the following- described property: That part of the NE ; of Sec. 1, T. 29, R. 22, Ramsey County, Minnesota, lying North of the Plat of ROBERT TILSEN'S MAPLE1400D HEIGHTS NO. 9, and lying Southerly of the southerly line of County Road "D ", together with - 10 - 7/25 that part of the Park as platted on ROBERT TILSEN'S MAPLE1400D HEIGHTS NO. 9 lying North of Lot 15, Block 6 and lying East of the Northerly extension of the west line of said Lot 15. WHEREAS, the procedural history of this conditional use permit is as follows: 1. The conditional use Permit was initiated by Tilsen Homes, Inc., pursuant to the Maplewood Code of Ordinances. 2. This conditional use permit was reviewed by the Maplewood Planning Commission on July 18, 1983. The Planning Commission recommended to the City Council that said permit be approved. 3. The Maplewood City Council held a public hearing on July 25, 1983, to consider this request. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the city staff and Planning Commission. NON, THEREFORE, BE IT RESOLVED BY THE MAPLEIWOOD CITY COUNCIL that the above - described conditional use permit be approved on the basis of the following find- ings of fact: 1. The use is in conformity with the City's Comprehensive Plan and with the purpose and standards of chapter 36 -442 of the City Zoning Code. 2. The establishment or maintenance of the use would not be detrimental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character of that zoning district. 4. The use would not depreciate property values. 5. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to noises, glare, smoke, dust, odor, fumes, water pollution, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 6. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion, unsafe access or parking needs that would cause undue burden to the area properties. 7. The use would be served by essential public services, such as streets, police, fire Protection, utilities, schools and parks. 8. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the city. 9. The use would preserve and incorporate the site's natural and scenic features into the development design. 10, The use would cause minimal adverse environmental effects. - 11 - 7/25 Approval is subject to: 1. Construction starting within one year. 2. The northerly twenty feet of lots one through twelve, block one, shall be landscaped prior to issuance of any occupancy permit for the block, to provide a protective screen of at least eighty percent opaqueness and six feet in height. 3. The corners of each lot shall be identified by land survey monument prior to the issuance of any occupancy permit within block one, within lots one through thirteen of block two and within lots.fourteen through twenty -five of block two. 4. The footings for each structure shall also be pinned and flagged for inspection, prior to the foundations being laid, to assure that the common walls are located exactly on the common lot lines. 5. Adherence to the preliminary plat received by the city on July 6, 1983, subject to changes approved by the city. Seconded by Councilmember Anderson. Ayes - all. h. Councilmember Bastian moved approval of Robert Tilsen's Maplewood Height's #11 preliminary plat received by the eity'on July 6 1983, subject to the followi conditions: 1. Approval of the planned -unit development by the same name. 2. Council authorizing the vacation of Lakewood Drive from Brenner Avenue to County Road D. Final plat approval shall not be granted until a developer's agreement is submitted for the easterly extension of Gall Avenue and the removal and reseeding of Lakewood Drive north of Gall Avenue. 3. The storm sewer system plan shall make use of the existing detention pond on Lakewood Drive. The existing system shall be modified to accomodate the additional drainage as approved by the City Engineer. 4. City Engineer approval of final grading, utility and drainage plans. 5. Submittal of a developer's agreement for street and utility construction. 6. Submittal of an acceptable erosion control plan before any building permits are issued, which considers the recommendations of the Soil Con- servation Service. 7, The easterly fifty feet of Lot 25, Block 2, shall be shown as Bellaire Avenue right -of -way on the final plat. 8. The park lying south of the proposed plat, shall be vacated prior to final plat approval. - 12 - 7/25 9. The "park" property lying to the south shall be included in the subject plat. That part of the "park" property to be combined with the single dwelling lots to the south shall be platted as out lots. The remainder of the "park" property shall be included as part of the lots in the proposed plat. 10. Prior to final plat approval, deeds shall be submitted to the city for recording, for the combination of any of the "park" property with the abutting single - dwelling lots to the south. All costs associated with the land transfers and combination shall be borne by the developer and included in the developer's agreement for Robert Tilsen's Maplewood Height's #11. Each of the deeds shall include a deed restriction stating that "separation of the properties described in this instru- ment shall not be permitted unless authorized by the City of Maplewood." Seconded by Councilmember Anderson. Ayes - all 2. Street Vacation: Lakewood Drive (7:15 P.M.) Continued g. Mayor Greavu closed the public hearing. h. Mayor Greavu introduced the following resolution and moved its adoption: 83 -7- 125 WHEREAS, the City of Maplewood initiated proceedings to vacate the public interest in the following- described real property: I Lakewood Drive between the south right -of =way line of County Road D and the easterly extension of the south line of the following- described parcel: Except the south 30 feet, the south 152.5 feet of the north 330,45 feet of the east 164.2 feet of the NW 1/4 of the NW 1/4, subject to roads and easements in Section 1, Township 29, Range 22, WHEREAS, the procedural history of this vacation is as follows: 1, This vacation was initiated by Tilsen Homes, Inc, June 1, 1983; 2, This vacation was reviewed by the Planning Commission on July 18,1983. The Planning Commission recommended to the City Council that this vacation be approved; 3, The City Council held a public hearing on July 25, 1983, to consider this vacation.. Notice thereof was published and mailed pursuant to law. All persons present at this hearing were given an opportunity to be heard and present written statements. The Council also con- sidered reports and recommendations of the city staff and Planning Commission. WHEREAS, upon vacation of the above - described street vacation, public interest in the property will accrue to the followina described abutting properties: - 13 - 7/25 1. The east 164.20 feet of the north 177.95 feet of the NW 1/4 of the NW 1/4, subject to roads and easements in Section 1, Township 29, Range 22. Also known as 2370 County Road D East. 2. Except the North 177.95 feet, the north 330.45 feet of the east 164.2 feet of the NW 1/4 of the N14 1/4, subject to roads and easements in Section 1, Township 29, Range 22, also known as 2373 Gall Avenue. NOW, THEREFORE, BE IT RESOLVED by the Maplewood City Council that it is in the public interest to grant the above - described vacation on the basis of the following findings of fact: 1. It would not be in the public interest to retain this right -of -way because construction would be cost - prohibitive. 2. All abutting developable land can be accessed more cost - effectively through the easterly extension of Gall Avenue. 3. Vacation eliminates the potential for undesirable double- fronting lots. This vacation is subject to the retention of a drainage and utility easement over the entire vacated right -of -way. Seconded by Councilmember Maida. Ayes - all. i. Mayor Greavu introduced the following resolution and moved its adoption: 83- 7- 126 WHEREAS, City of Maplewood initiated 'proceedings to vacate the public interest in the following- described real property: 1. Lakewood Drive, as dedicated in Robert Tilsen's Maplewood Height's #9 lying north of the northwesterly extension of the north right -of -way line of East Brenner Avenue, and 2. That portion of Lakewood Drive lying between the easterly extension of the north and south lines of the following- described property: except the north ten feet, the north 217 feet of the west 150 feet of the east 170 feet of the south 1103.69 feet of the NW 1/4 of the NW 1/4 in Section 1, Township 29, Range 22. WHEREAS, the procedural history of this vacation is as follows: 1. This vacation was initiated by Tilsen Homes, Inc. June 1, 1983; 2. This vacation was reviewed by the Planning Commission on July 18, 1983. The Planning Commission recommended to the City Council that this vacation be approved; 3. The City Council held a public hearing on July 25, 1983, to consider this vacation. Notice thereof was published and mailed pursuant to - 14 - 7/25 law. All persons present at this hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the city staff and Planning Commission. WHEREAS, upon vacation of the above - described street vacation, public interest in the property will accrue to the following- described abutting properties: 1. The north 217 feet of the west 150 feet of the east 170 feet of the south 1103.69 feet of the N41 1/4 of the NW 1/4, subject to roads and easements in Section 1, Township 29, Range 22, also known as 2370 Gall Avenue. 2. Park property dedicated to the City of Maplewood with Robert Tilsen's Maplewood Heights #9, lying west of Lakewood Drive right -of -way. 3. Park property dedicated to the City of Maplewood with Robert Tilsen's Maplewood Heights #9, lying east of Lakewood Drive right -of -way and north of lots 1 -15, Block 6, Section 1, Township 29, Range 22. 4. Lot 1, Block 6, Robert Tilsen's Maplewood Heights #9. NOW, THEREFORE, BE IT RESOLVED by the Maplewood City Council that it is in the public interest to grant the above- described vacation on the basis of the following findings of fact: 1. It would not be in the public interest to retain this right -of -way because construction would be cost - prohibitive. 2. All abutting developable land can be accessed more cost - effectively through the easterly extension of Gall Avenue. 3. Vacation eliminates the potential for undesirable double- fronting lots. This vacation is subject to the retention of a drainage and utility easement over the entire vacated right -of -way. Seconded by Councilmember Maida. Ayes - all. 4. Industrial Revenue Bonds - St. John's (7:30 P.M.) A. Mayor Greavu convened the meeting for a public hearing regarding a request of St. John's Hospital for a $53,000,000 Industrial Revenue Bond for acquisition of land and the construction and equipping of an approximate 223,000 square foot acute care hospital and related health care facilities to be located at the north- east corner of Beam and Hazelwood and to advance refund the outstanding $2,400,000 Housing and REdevelopment Authority Revenue Bonds. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. c. ,Mr. Mike Monson, Mr, Gary French and Mrs. Mary Alice Lightte, Health Resources, spoke on behalf of the proposal. ,d. Mayor Greavu called for proponents. None were heard. - 15 - 7/25 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: 33 - 7 - 127 RESOLUTION RECITING A PROPOSAL FOR A MEDICAL FACILITIES DEVELOPMENT PROJECT GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER OF ENERGY, PLANNING AND DEVELOPMENT OF THE STATE OF MINNESOTA AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION I4ITH SAID PROJECT WHEREAS, (a) The purpose of Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial Development Act (the "Act ") as found and determined by the legislature is to promote the welfare of the state by the active attraction and encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; (b) The Act further states in Section 474.01, Subdivision a, that the welfare of the state requires the provision of necessary medical and health care facili- ties, to the end that adequate health care services be made available to residents of the state at reasonable costs; (c) Factors necessitating the active promotion and development of such medical and health care facilities are the increasing concentration of population in the metropolitan areas and the rapidly rising increase in the amount and cost of medi- cal and health care services required to meet the needs of the increased population; (d) The City Council of the City of Maplewood, Minnesota ( "the City ") has received from Health Resources Hospital Corporation, a corporation organized under the laws of the State of Minnesota (the "Company") a proposal that the City undertake to finance a Project hereinafter described, through the issuance of a Revenue Bond or Bonds (the "Revenue Bonds ") pursuant to the Act; (e) The City desires to facilitate the selective development of the community, retain and improve the tax base and help to provide the range of services and employment opportunities required by the population; and the Project will assist the City in achieving those objectives. The financing of the project will provide substantial inducement for the continuation of the medical operations of the -Company in the City and surrounding areas and will help to increase assessed Valuation of the City and surrounding areas and help maintain a positive rela- tionship between assessed valuation and debt and enhance the image and reputation of the community; - 16 - 7/25 M The Company is currently engaged in the business of providing medical and health care services in the community primarily in the operation of non- profit hospitals. The 'proposed project shall consist of the acquisition of land the the construction and equipping thereon of an approximate 112,000 square foot acute care hospital and related health care facilities to be located at the Northeast corner of Beam and Hazelwood in the City of Maplewood, to advance refund the outstanding $2,400,000 Housing and Redevelopment Authority of the City of St. Paul, Minnesota Commercial Development Revenue Bonds, Series 1982 (St. John's Hospital Project) and to refinance certain existing debt of the Company to to renovate and provide equipment for the Company's Existing hospital (St. John's Hospital) located at 403 Maria Avenue, St. Paul, Minnesota; (g) The City has been advised by representatives of Company that conventional, commercial financing to pay the capital cost of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, but Company has also advised this Council that with the aid of municipal financing, and its resulting low borrowing cost, the Project is economically more feasible; (h) The City has been further advised by representatives of the Company that a reduction in debt service charges to patients and third pary payors will occur as a result of such refinancing, and that reductions in debt service charges pursuant to the refinancing will be passed on to patients and third party payors; (i) Pursuant to a resolution of the City Council adopted on June 27, 1983, a public hearing on the Project was held on July 25, 1983, after notice was puHlished, and materials made available for public inspection at the office of the City Clerk, all as required by Minnesota Statutes, Section 474.01, Subdivision 7b at which public hearing all those appearing who so desired to speak were heard; (j) No public official of the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project. N0147 THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. The Council hereby gives preliminary approval to the proposal of Company that the City undertake the Project pursuant to the Minnesota Municipal In- dustrial Development Act (Chapter 474, Minnesota Statutes), consisting of the acquisition, construction and equipping of facilities within the City and renovation of a facility adjacent to the City pursuant to Company's specifications suitable for the operations described above, the refinancing of certain indebtedness of the Company and the advance refunding of the Company's Outstanding St. Johns Hospital Project Bonds and pursuant to a revenue agreement between the City and Company upon such terms and conditions with provisions for revision from time to time as necessary, so as to produce income and revenues sufficient to pay, when due, the principal of and interest on the Revenue Bonds in the maximum aggregate principal amount of $53,000,000 to be issued pursuant to the Act for the above stated purposes; and said agreement may also provide for the entire interest of Company therein to be mortgaged to the purchases of the Revenue Bonds; and the City hereby under - takes preliminarily to issue its Revenue Bonds in accordance with such terms and conditions; - 17 - 7/25 2, On the basis of information available to this Council it appears, and the Council hereby finds, that the Project constitutes properties, real and personal, used or useful in connection with one or more revenue producing enterprises engaged in providing health care services within the meaning of Subdivision Ic of Section 474.02 of the Act and is a hospital or nursing home facility of a non - profit hospital or nursing home as required by Section 474.03 (3) of the Act; that the Project furthers the purposes stated in Section 474.01 of the Act, that the availability of the financing under the Act and willingness of the City to furnish such financing will be a sub- stantial inducement to Company to undertake the Project, and that the effect of the Project, if undertaken, will be to reduce debt service charges to patients and third party payors, to cause reduction in debt service charges pursuant to this program to be passed on to patients and third party payors, to help prevent chronic unemployment, to help the City retain and improve the tax base and to provide the range of service and employment opportunities required by the population, to help prevent the movement of talented and educated persons out of the state and to areas within the State where their services may not be as effectively used, to promote more intensive development and use of land within and adjacent to the City and eventually to increase the tax base of the community; 3. The Project is hereby given preliminary approval by the City subject to the approval of the Project by the Minnesota Commissioner of Energy, Planning and Development or such other state office having authority to grant approval and subject to final approval by this Council, the Company, and the purchaser of the Revenue Bonds as to the ultimate details of the financing of the Project; 4, In accordance with Subdivision 7a of Section 474.01 Minnesota Statutes, the Mayor of the City is hereby authorized and directed to submit the proposal for the Project to the Commissioner of Energy, Planning and Development, requesting his approval, and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with such preliminary in- formation as he may require; 5, Company has agreed and it is hereby determined that any and all costs incurred by the City in connection with the financing of the Project whether or not the Project is carried to completion and whether or not approved by the Commissioner will be paid by Company; 6, .Briggs and Morgan, Professional Association, acting as bond counsel, are authorized to assist in the preparation and review of necessary documents relating to the Project, to consult with the City Attorney, Company and the purchaser of the Revenue Bonds as to the maturities, interest rates and other terms and provisions of the Revenue Bonds and as to the covenants and other provisions of the necessary documents and to submit such documents to the Council for final approval; 7. Nothing in this resolution or in the documents prepared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the City for this purpose. The Revenue Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except the revenue and proceeds pledged to the payment thereof, nor shall - 18 - 7/25 the City be subject to any liability thereon, The holder of the Revenue Bonds shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal on the Revenue Bonds or the interest thereon, or to enforce payment thereof against any property of the City. The Revenue Bonds shall recite in substance that the Revenue Bonds including interest thereon, are payable solely from the revenue and proceeds pledged to the payment thereof, The Revenue Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; 8, in anticipation of the approval by the Commissioner of Planning, Energy and Developmn't and the issuance of the Revenue Bonds to finance all or a pportion of the Project, and in order that completion of the Project will not be unduly delayed when approved, Company is hereby authorized to make such expenditures and advances toward payment of that portion of the costs of the Project to be financed from the proceeds of the Revenue Bonds as Company considers necessary, including the use of interim, short -term financing, subject to reimbursement from the proceeds of the Revenue Bonds if and when delivered but otherwise without liabil ity on the part of the City; 9, The actions of the City Clerk in causing public notice of the public hearing and in describing the general nature of the Project and estimating the principal amount of the Revenue Bonds to be issued to finance the Project and in preparing a draft of the proposed application to the Commissioner of Planning, Energy and Development, State of Minnesota, for approval of the Project, which has been available for inspection by the public at the City Nall from and after the publication of notice of the hearing, are in all respects ratified and confirmed. Seconded by Councilmember Bastian.. Ayes - all. 5. Liquor License Fiddler's 7;45 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Mark Robert Hanson for aporoval of a On -Sale Liquor License to be known as The Fiddler's Deli, 3035 White Bear Avenue. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. c. Mr. Mark Hanson, the applicant, spoke on behalf of his request. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. ?lone were heard. f. Mayor Greavu closed the public hearing. g. Councilmemher Bastian introduced the following resolution and moved its adoption: 33 -7- 128 Notice Is Hereby Given, that pursuant to action by the City Council of Maplewood on July 25, 1983 an On -Sale Intoxicating Liquor License was approved for Mark Robert Hanson dba Fiddler's Deli, 3035 White Bear Avenue. The Council proceeded in this matter as outlined under the provisions of the City Ordinances. - 19 - 7/25 Seconded by Councilmember Maida. Ayes - All. Councilmember Anderson moved to amend'the',Agenda to hear J - Visitor Presentation at this time. Seconded by Councilmember Juker, Ayes - All. J. Visitor Presentation 1. Mr. Joseph Bloyer, 1467 Frost Avenue, a. Mr. Joseph Bloyer, 1467 Frost and Mr. Sampson,1503 Frost, both commented on the fact that Frost Avenue has not been closed and they are not getting access to their property as promised, They would just as soon have the road closed completely. b. Mr. Wayne Leonard, Project Engineer for Ramsey County, explained the time schedule for Frost Avenue. c. Councilmember Juker moved that Frost Avenue be closed from White Bear Avenue to Birmingham-Street to all- traffic "e_xcebt: emerdencv vehicles and Seconded by Councilmember Anderson. Ayes - All. 2. Councilmember Juker commented on the construction of Holloway Avenue and questioned if those residents are experiencing the same problems as the residents on Frost Avenue, Engineering Department will investigate. H. Unfinished Business 1. Hazelwood Avenue Construction a. Director of Public Works Ken Haider presented the staff report. Councilmember Juker moved to extend the meeting past the deadlines. Seconded by Councilmember Anderson. Ayes - All. Councilmember Juker moved to amend the Agenda and discuss Item 1 -7 at this time. Seconded by Mayor Greavu. 1. New Business Ayes - All. 7, Assessment Hearing: Frost Avenue a. Manager Evans presented the staff report. b, Councilmember Anderson introduced the following resolution and moved its adoption. - 20 - 7/25 83 -7 -129 WHEREAS, the City Clerk and City Engineer have present the final figures for Improvement No. 82 -9, Frost Avenue Reconstruction from Birmingham Street to White Bear Avenue. NOW, THEREFORE, BE IT RESOLVED 3Y THE CITY COUNCIL OF MAPLEWOOD,MINNESOTA that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City Office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. Seconded by Mayor Greavu. Ayes - All. c. Councilmember Anderson introduced the following resolution and moved its adoption. 83 -7 -130 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Frost Avenue Reconstruction from Birmingham Street to White Bear Avenue, Improvement 82 -9, and the said assessment roll is on file in the office of the City Clerk; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 11th day of August, 1983, at John Glenn Junior High School at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area proposed to be assessed, that the proposed assessment roll is on file with the Clerk, and that written or oral objections will be considered. Seconded by Mayor Greavu. Ayes - All. Unfinished Business (continued) 1. Hazelwood Avenue Reconstruction a. Manager Evans presented supplimental information to the previously submitted - 21 - 7/25 feasibility study as requested by the City Council. The supplement is a result of future study regarding alternate street width designs and an expanded storm sewer systems consideration. We request that the City Council accept this report and order a public hearing on August 11, 1983. Due to the number of affected property owners, we recommend that the hearing be held at John Glenn Junior High School. b. Mayor Greavu moved to cancel the hearing for the Hazelwood Avenue reconstru scheduled for August 11, 1983. Seconded by Councilmember Bastian. Ayes - All. 2. Code Amendment: Minimum Floor Areas a. Manager Evans presented the staff report. tion b. Mayor Greavu moved first reading of an ordinance amending the code regarding minimum floor areas. Seconded by Councilmember Maida Ayes - Mayor Greavu Councilmembers Anderson, Maida, and Bastian Nay - Councilmember Juker c. Councilmember Bastian moved to reconsider the vote on the code amendment for minimum floor areas. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Bastian and Maida Nays - Councilmembers Anderson and Juker Motion failed. I. New Business (continued) 2. Time Extension: English St. Townhouses a. Manager Evans presented the staff report. b. Mayor Greavu moved cancellation of the planned unit development and pre- liminary plat approvals for the English Street Townhouse development, on the basis that: 1. Substantial physical activity and investment has not occurred in reasonable reliance on the approved application. 2. A good faith effort has not been make to comply with the conditions of approval. 3. Cancellation of the approvals will not cause the subdivider to suffer substantial financial damage. 4. The property owners have not requested a time extension. A letter was sent notifying them of the need for an extension. No reply was received. - 22 - 7/25 Seconded by Councilmember Bastian. Ayes - All. 3. Rock Concert Ordinance (First Reading) a. City Attorney Pat Kelly presented the staff report and, b. Mayor Greavu moved first reading of an ordinance establishing guidelines for Rock Concerts as amended. Seconded by Councilmember Anderson. Ayes - All. 4. Dog Ordinances (First Reading) a. Manager Evans presented the staff report. b. No action taken. 5. Water Main, Sanitary Sewer - County Road D a. Manager Evans stated the developer of the property on the north side of County Road D approximately 500' West of White Bear Avenue wishes to extend sewer and street for service connections. The construction would be done by and paid for by the developer. Since there is no initial cost to the City it is recommended the City Council authorize staff to execute an agreement with the developer to allow construction of public sewer and water. b. Mayor Greavu moved to authorize the staff to execute an agreeme with the developer to allow construction of public sewer and wa Seconded by Councilmember Bastian. Ayes - All. 6. Contract Amendment No. 3 Project 78 -10 a. Manager Evans stated during the excavation of the storm water detention basin located on the Oxford property, an exceptionally high perched ground water table was experienced. The water table is above the design pond bottom which has a uniform flat bottom sloping from the inlets to the outlets at'a constant grade. Due to the continuous saturated soils at the invert the contractor has been unable to finish grading the bottom. The bottom, therefore, has low areas that will continuously retain water thus prohibiting establishment of vegetation. In order to provide a dry bottom basin, fill material is required to raise the finished grade above the ground water. Shallow swales will also be graded throught the center-.of the pond between the inlet piping and outlet piping to provide for low flow channelization. The recommended work results in an additional cost to the project of $13,050.00. b. Mayor Greavu introduced the following resolution and moved its adoption. 83 - 7 131 WHEREAS, the City Council of Maplewood, Minnesota has heretofore - 23 - 7/25 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 necessay and expedient that said contract be modified and designated as Improvement Project No. 78 -10, Contract Amendment #3. 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 #3. Seconded by Councilmember Juker. Ayes- All. K. Council Presentation 1. Construction Times a. Councilmember Juker stated she has received calls regarding contractors working Montana Avenue starting at 6:00 A.M. She feels there should be time limits especially on weekends. 2. Garage Sale Signs a. Councilmember Juker stated people do not take their garage sales signs down after the sale is over. Directed staff to investigate. 3. Bike Ordinances a. Councilmember Juker requested that the Bike Ordinance be published on the Maplewood Review. Also requested that a meeting between the Council and the owners of the Maplewood Review be established. 4. Signs a. Councilmember Anderson questioned what good posted signs do. Frost is posted for no traffic and closed, and people still drive on it. 5. Storm Sewer a. Councilmember Anderson questioned the storm sewers being placed on Frost Avenue. 6. Sewer Billing a. Councilmember Anderson presented each Councilmember with a copy of a letter from Mr. Kaiser showing he only pays $6.21 for water and $30.10 for sewer rental. He just wished to inform Council. L. Administration Presentation None Adjournment 11:35 P.M. City Clerk - 24 - 7/25