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HomeMy WebLinkAbout08.22.83MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, August 22, 1983 Council Chambers, Municipal Building Meeting 83 -21 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 Acting Mayor Bastain. B. ROLL CALL Gary W. Bastian, Acting Mayor Present John C. Greavu, Mayor Absent Norman G. Anderson, Councilmember Present Frances L. Juker, Councilmember Present MaryLee Maida, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes No. 83 -17 (July 25, 1983) Councilmember Anderson moved to approve the Minutes of Meeting No. 83 -17 (July 25, 1983) as submitte . Seconded by Councilmember Juker. D. APPROVAL OF AGENDA Ayes all. Councilmember Anderson moved to approve the Agenda as amended. 1. Construction Times 2. Budget 3. Volunteerism 4. Bicycle Ordinance 5. Junction Street 6. School District Meeting Seconded by Councilmember Juker. E. CONSENT AGENDA Ayes all. Council removed Items E -2 and E -3 from the Consent agenda to become Items I -4 and I -5. Councilmember Juker moved,seconded by Councilmember Anderson, Ayes all, to approve the Consent Agenda Item I as recommen e . 1. Accounts Payable Approved the accounts (Part 1 Fees,Services,Expenses- Check register dated 8 -10 -83 and 8 -11 -83 $484,396.05: Part II- Payroll dated 8 -12 -83 $66,009.94)in the amount of $550,405.99. 18/22 F. PUBLIC HEARINGS 1. SHARE: Industrial Revenue Bond a. Acting Mayor Bastian convened the meeting for a public hearing regarding a request from SHARE, Inc., for an Industrial Revenue Note in the amount of $3,485,000.00 for acquisition of land, construction, and equipping a 15,000 square foot medical clinic facility to be located on the south side of Beam Avenue one block west of White Bear Avenue. b. Manager Evans presented the staff report. c. Mr. Greg Bradbury and Mr. Jeff Molde, representing SHARE, spoke on behalf of the proposal. d. Acting Mayor Bastian called for proponents. None were heard. e. Acting Mayor Bastian called for opponents. None were heard. f. Acting Mayor Bastian closed the public hearing. g. Councilmember Anderson introduced the following resolution and moved its adoption: :icIEW111MM] RESOLUTION RECITING A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF THE PROJECT TO THE COMMISSIONER OF ENERGY AND ECONOMIC DEVELOPMENT OF THE STATE OF MINNESOTA AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH THE 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 pre- vent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; (b) Factors necessitating the active promotion and development of economi- cally sound industry and commerce are the increasing concentration of population in the metropolitan areas and the rapidly rising increase in the amount and cost of governmental services required to meet the needs of the increased population and the need for development of land use which will provide an adequate tax base to finance these increased costs and access to employment opportunities for such population; - 2 - 8/22 (c) 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 Minnesota with SHARE Development Corporation as the general partner, to be known as Medical Property Partners I, (the "Company ") a porposal that the City assist in financing a Project hereinafter described, through the issuance of a Revenue Bond or Bonds or a Revenue Note or Notes hereinafter referred to in this resolution as "Revenue Bonds" pursuant to the Act; (d) The City desires to facilitate the selective development of the com- munity, 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 Project will help to increase assessed valuation of the City and help maintain a positive relationship between assessed valuation and debt and enhance the image and reputation of the community; (e) The Company is currently engaged in the business of development and operation of facilities to be used for medical clinic purposes. The Project to be financed by the clinic facility to be located on the South side of Beam Avenue im- mediately across from the Maplewood Mall and approximately one (1) block West of White Bear Avenue in Maplewood and licensed as a Share Health Plan facility and consists of the acquisition of land and the construction of buildings and improve- ments thereon and the installation of equipment therein to be initially owned and operated by the Company, and will result in the employment of additional persons to work within the new facilities; (f) 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 bor- rowing cost, the Project is economically more feasible; (g) Pursuant to a resolution of the City Council adopted on July 25, 1983, a public hearing on the Project was held on August 22, 1983, after notice was pub- lished, and materials made available for public inspection at the City Hall, all as required by Minnesota Statutes, Section 474.01, Subdivision 7b at which public hearing all those appearing who so desired to speak were heard; (h) No public official of the City has either a direct or indirect finan- cial interest in the Project nor will any public official either directly or in- directly benefit financially from the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. The Council hereby gives preliminary approval to the proposal of Company that the City undertake the Project pursuant to the Minnesota Municipal Industrial Development Act (Chapter 474, Minnesota Statutes), consisting of the acquisition, construction and equipping of approximately 15,000 square foot medical clinic facilities located on the South side of Beam Avenue immediately across from the Maplewood Mall and approximately one (1) block west of White Bear Avenue in Maplewood pursuant to Company's specifications suitable for the operations described above to be initially owned and opera- ted by the Company and pursuant to a revenue agreement between the City and - 3 - 8/22 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 $3,485,000 to be issued pursuant to the Act to finance the acquisition, con- struction and equipping of the Project; and said agreement may also provide for the entire interest of Company therein to be mortgaged to the purchaser of the Revenue Bonds; and the City hereby undertakes preliminarily to issue its Revenue Bonds in accordance with such terms and conditions; 2. On the basis of information available to this Council it appears, and the Council hereby finds, that the Project constitutes properties, real and personal, used or useful in connection with one or more revenue producing enterprises engaged in any.business within the meaning of Sub- division la of Section 474.02 of the Act; that the Project furthers the purposes stated in Section 474.01, Minnesota Statutes; that the availa- bility of the financing under the Act and willingness of the City to furnish such financing will be a substantial inducement to Company to undertake the Project, and that the effect of the Project, if undertaken, will be to encourage the development of economically sound industry and commerce, to marginal land, to help prevent chronic unemployment, to help the City retain and improve the tax base and to provide the range of ser- vice 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 effec- tively used, to promote more intensive development and use of land within 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 and Economic Development or such other state office having authority to grant approval (the "Commissioner "), and subject to final approval by this Council, 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 requesting his approval, and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with such preliminary information as he may require; 5. Company has agreed and it is hereby determined that any and all costs incurred by the City in connection with the financing of the Project whether or not the Project is carried to completion and whether or not approved by the Commissioner will be paid by Company; 6. Briggs and Morgan, Professional Association, acting as bond counsel and Miller & Schroeder Municipals, Inc. investment bankers 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 pro- visions of the necessary documents and to submit such documents to the Coun- cil for final approval; - 4 - 8/22 7. Nothing in this resolution or in the documents prepared pursuant hereto shall authorize the expenditure of any municipal funds on the Pro - ject other than the revenues derived from the Project or otherwise granted to the City for this purpose. The Revenue Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except the revenue and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. The holder of the Revenue Bonds shall never have the right to compel any ex- ercise 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 sub- stance that the Revenue Bonds, including interest thereon, is payable solely from the revenue and proceeds pledged to the payment thereof. The Revenue Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; 8. In anticipation of the approval by the Commissioner the issuance of the Revenue Bonds to finance all or a portion of the Project, and in order that completion of the Project will not be unduly delayed when approved, Company is hereby authorized to make such expenditures and advances toward payment of that portion of the costs of the Project to be financed from the proceeds of the Revenue Bonds as Company considers necessary, including the use of interim, short -term financing, subject to reimbursement from the proceeds of the Revenue Bonds if and when de- lievered but otherwise without liability on the part of the City; Adopted by the City Council of the City of Maplewood, Minnesota, this 22nd day of August, 1983. Attest: /s/ Lucille E. Aurelius City Clerk /s/ John C. Greavu Mayor Seconded by Councilmember Maida. Ayes - all. G. AWARD OF BIDS None. H. UNFINISHED BUSINESS 1. Code Amendment: Minimum Floor Area (2nd Reading) Council deleted this item from the Agenda. 2. Large Assembly Ordinance (2nd Reading) Council continued this item until later on the Agenda. 3, Off -Sale Liquor Sales - Friday Openings (2nd Reading) a. Manager Evans presented the staff report, - 5 - 8/22 b. Councilmember Adnerson introduced the following ordinance and moved its adoption: ORDINANCE NO. 548 AN ORDINANCE AMENDING SECTION 5 -71(b) OF THE MAPLEWOOD CODE THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The section 5 -71(b) of the Maplewood Code or Ordinances is hereby amended to read as follows: (b) No "off- sale" sale of such liquor shall be made before 8:00 a.m. or after 8:00 p.m. on Monday, Tuesday, Wednesday, Thursday, and before the hour of 8:00 a.m. or after the hours of 10:00 p.m. on Friday and Saturday, and no such "off- sale" liquor shall be made at any time on Sunday. No "off- sale" shall be made on New Year's Day, January l; the last Monday in May; Independence Day, July 4; Thanksgiving Day; or Christmas Day, December 25; but on the even- ings preceding such days, notwithstanding the above provisions "off- sales" may be made until 10:00 p.m.; except that no "off -sale" shall be made on December 24 after 8:00 p.m. Section 2. This ordinance shall take effect to be in force from and after its passage and publication, as provided by law. Seconded by Councilmember Juker. Ayes - all. F. PUBLIC HEARINGS (CONTINUED) 1. Rezoning: 1690 English - 7:30 P.M. a. Acting Mayor Bastian convened the meeting for a public hearing regarding the proposal to rezone 1690 English from BC, Business Commercial, to NC, Neighborhood Commercial. b. Manager Evans presented the staff report. c. Council tabled this item until the September 12, 1983 meeting. H. UNFINISHED BUSINESS (CONTINUED) 4. Dog Ordinance - Private Owner (2nd Reading) a. Manager Evans presented the staff report. b. Councilmember Juker introduced the following ordinance and moved its adoption: ORDINANCE NO..549 AN ORDINANCE AMENDING SECTION 7 -52 OF THE MAPLEWOOD CITY CODE THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS; - 6 - 8/22 Section 1. That the City of Maplewood Code or Ordinances hereby amended by deleating therefrom in its presence in its present form and entirety Section 7 -52 thereof and by substituting a lieu of the same of the following: Section 7 -52. Duty of Dog Owners. It shall be the obligation and responsi- bility of the owner or custodian of any dog in the City, whether permanently or temporarily therein, to prevent any such dog at any time to be on any street, public park, school grounds, or public place without being effectively restrained by a chain or leash not exceeding eight (8) feet in length. Any person having custody or control of any dog shall have the responsibility for cleaning up any feces of the animal and dispose of such feces in a sanitary manner. It shall furthermore by the duty of each person having the custody and control of any dog to have on such person possession of a device or equip- ment for picking up and removal of animal feces. The provisions of this para- graph shall not apply to a guide dog accompanying a blind person or to a dog when used in police or rescue activities, It shall be unlawful for any person to own, keep, have in his possession, or harbor any dog which, by frequent and habitual howling, yelping, barking, or otherwise shall cause serious annoyance to persons or to the neighborhood; Failure on the part of the owner or custodian to prevent a dog from committing said acts shall be subject to penalty provided in Section 7 -20 of this article. Section 2. This ordinance shall take effect and be in force from and after the date of its publication. Seconded by Councilmember Anderson, Ayes - all. 5. Dog Ordinance - Kennel (2nd Reading) a. Manager Evans presented the staff report. b. Councilmember Juker` introduced the following ordinance and moved its adoption: ORDINANCE N0, 550 AN ORDINANCE AMENDING SECTION 7 -100 OF THE MAPLEWOOD CITY CODE LICENSE PREMISES TO PROTECT NEARBY RESIDENTIAL PROPERTY FROM DISTURBANCES LICENSES SUBJECT TO CANCELLATION FOR VIOLATION. THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 7 -100 of Jhe Maplewood Code is amended to read as follows: Any person obtaining a small kennel license under this divi- sion shall be required to house such dogs in a manner and under such conditions which will guarantee that said dogs will not cause a distur- bance by barking, howling or otherwise causing noise, Such facilities shall be so located as to protect nearby residential properties from any disturbances whatsoever emanating from the licensed kennel, If the in- tent and purposes of this section cannot be achieved, no license to main - tain such kennel shall be granted, If after a license has been granted any violation of this section occurs, the council may cancel such license. - 7 - 8/22 Section 2. This ordinance shall take effect upon adoption and publication. Seconded by Councilmember Anderson. Ayes - all. I. NEW BUSINESS 4. Conditional Use Permit Renewal - 2994 Winthrop Drive a. Manager Evans presented the staff report. b. Mr. Kenneth Mihelich, 2994 Winthrop Drive, the applicant, spoke on behalf of the proposal. c. Councilmember Juker introduced the following resolution and moved its adoption: 83 -8- 140 WHEREAS, Kenneth Mihelich initiated a conditional use permit for an archery supply business home occupation at the following- described property: Lot 2, Block 3, Robert Tilsen's Maplewood Heights No. 5 This property is also known as 2994 Winthrop Drive, Maplewood; WHEREAS, the procedural history of this_ conditional use permit is as follows: 1. This conditional use permit was initiated by Kenneth Mihelich pursuant to the Maplewood Code of Ordinances. 2. This conditional use permit was approved by the Maplewood City Council on July 26, 1982, subject to the following conditions: a. Compliance with the criteria outlined in the Planning Commission Subcommittee report, except guideline #5. b. Approval is granted for one year after which time the applicant may apply for a renewal if the business has been compatible with the neighborhood and all conditions are being met. c. A smoke detector shall be located on the main and basement levels of the dwelling. d. A five -pound ABC fire extinguisher shall be wall- mounted and readily available to the workshop area. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described conditional use permit be renewed on the basis of the following find- ings of fact: 1. There have not been any complaints received regarding the home occupation in the first year of operation. 2. All ordinance requirements are being met. Approval is subject to the following conditions. I. Approval is granted for three years, after which time the applicant may - 8 - 8/22 apply for a renewal if the business has been compatible with the neigh- borhood and all conditions are being met. 2. The applicant shall keep a smoke detector located on the main and basement levels of the dwelling. 3. A five -pound ABC fire extinguisher shall be wall- mounted and readily available to the workshop area. Adopted this 22nd day of August, 1983. Seconded by Councilmember Anderson. Ayes - all. 5. Conditional Use Permit Renewal - 2083 Arcade Street a. Manager Evans presented the staff report. b. Mrs. Maria Silberbauer, 2083 Arcade Street, the applicant, spoke on behalf of her request. c. Councilmember Juker introduced the following resolution and moved its adoption: 83 -8 -141 WHEREAS, Maria Silberbauer initiated a conditional use permit for a beauty parlor home occupation at the following- described property: Lot 2, Block 4, Littles 2nd Addition This property is also known as 2083 Arcade Street, Maplewood; WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was approved by the City Council June 1, 1972, pursuant to the Maplewood Code or Ordinances, and subject to the following conditions: a. The permit shall be renewed annually by the City Council. b. The permit shall become effective only after the Building Official certifies compliance with these conditions and building, fire, electric, health code requirements. c. The permit shall not be transferable. d. The permit shall be subject to revocation by the City Council upon justified complaints. e. No signs advertising the beauty parlor operation shall be allowed on the property. f. No on- street parking by customers shall be encouraged, and an approved off - street parking area which is properly hard surfaced and landscaped shall be required on the property. g, No expansion of the permit in any way shall occur without the approval of the City Council, h. The applicant hereby agrees to the above listed conditions. - 9 - 8/22 2. This conditional use permit was renewed by the City Council on June 21, 1974 and July 20, 1978. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described conditional use permit be renewed on the basis of the following find- ings of fact: 1. All code requirements are being met. 2. There have not been any nuisance complaints received from the neigh- borhood. Approval is subject to the following conditions: 1. The permit may be renewed in three years by the City Council. 2. A five -pound ABC fire extinguisher shall be installed in the beauty shop. 3. On- street parking by customers shall be discouraged. 4. No expansion of the permit in any way shall occur without the approval of the City Council. Seconded by Councilmember Anderson. Ayes - all. F. PUBLIC HEARINGS (CONTINUED) 3. Rezoning: John Glenn Jr. High - 7:45 P.M. a. Acting Mayor Bastian convened the meeting for a public hearing regard- ing the proposal to rezone John Glenn Jr. High, 1560 E. County Road B from M -1, Light Manufacturing, to R -1, Single Residence District. b. Manager Evans presented the staff report, c. Council continued this hearing until the September 12, 1983 meeting. K. COUNCIL PRESENTATIONS 1. Consturction Times a. Councilmember Juker requested staff to prepare an ordinance regulating the hours of operation for construction. 2. Budget a. Councilmember Juker requested all information regarding the 1984 Budget be presented to Council. F. PUBLIC HEARINGS (CONTINUED) 4. Liquor License: Beer and Wine - York Steak House - 8:00 P.M. a. Acting Mayor Bastian convened the meeting for a public hearing regarding the request of York Steak House for a beer and wine license. b. Manager Evans presented the staff report. - 10 - 8/22 c. Mr. Michael Garin, the applicant, spoke on behalf of the request. d. Acting Mayor Bastian called for proponents. None were heard. e. Acting Mayor Bastian called for opponents. The following were heard: Mr. Bob Johnson, Center Manager, Maplewood Mall f. Acting Mayor Bastian closed the public hearing. g. Councilmember Juker introduced the following resolution and moved its adoption: NOTICE IS HEREBY GIVEN, that pursuant to action by the City Council of the City of Maplewood on August 22, 1983, an on -Sale Beer and Wine License was approved for Michael Garin, dba York Steak House, Maplewood Mall. The Council proceeded in this matter as outlined under the provisions of the City Ordinances. Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson, Maida, and Juker Nay - Acting Mayor Bastian I. NEW BUSINESS (CONTINUED) 2. Waiver or Moratorium on Rezonings. a. Manager Evans presented the staff report. b. Councilmember Anderson moved to waive the moratorium on R -3 rezonings as recommended for: 1. Beebe Road and Holloway Avenue 2. Lower Afton, McKnight Road and Londin Lane Seconded by Councilmember Maida. Ayes - all. K. COUNCIL PRESENTATION (CONTINUED) 3. Volunteerism a. Councilmember Maida stated there will be a meeting September 22, 1983, a at John Glenn Jr. High regarding volunteerism. Also money is needed for postage for a mailing that is to be sent and money is also needed to send six (6) delegates to the All City Task Management Training Seminar. b. Councilmember Maida moved a budget transfer of $60.00 from the Contingency Fund to cover the cost of sending the volunteers to the training seminar. Seconded by Acting Mayor Bastian. Ayes - all. - 11 - 8/22 F. PUBLIC HEARINGS (CONTINUED) 5. Liquor License - On -Sale - LeBistro - 8:15 P.M. a. Acting Mayor Bastian convened the meeting for a public hearing regarding the request of Steven Enselein for an On -Sale Intoxicating Liquor License to be known as LeBistro located in the Maplewood Mall. b. Manager Evans presented the staff report. c. Mr. Steve Enselein, the applicant, and Mr. Neil Berman, President of LeBistro, spoke on behalf of the request. d. Acting Mayor Bastian called for proponents. The following were heard: Mr. Bob Johnson, Maplewood Mall Center Manager. e. Acting Mayor Bastian called for opponents. None were heard. f. Acting Mayor Bastian closed the public hearing. g. Councilmember Maida introduced the following resolution and moved its adoption: 83 -8- 143 NOTICE IS HEREBY GIVEN, that pursuant to action taken by the City Council of the City of Maplewood on August 22, 1983, an On -Sale Intoxi- cating Liquor License was approved for Steven Enselein, dba LeBistro Cafe, Maplewood Mall. The Council proceeded in this matter as outlined under the provisions of the City Ordinances. Seconded by Councilmember Juker. Ayes - Councilmembers Anderson, Juker, and Maida.. Nay - Acting Mayor Bastian. 6. Variance: 1985 Howard - Lundquist - 8:15 P.M. a. Acting Mayor Bastian convened the meeting for a public hearing regarding the request of Mr. Robert Lundquist for a lot width variance at 1895 Howard, to divide a parcel into two single dwelling parcels. (One Parcel 60' x 250' and the other 70.83' x 250'.) b. Manager Evans presented the staff report. c. Chairman Les Axdahl presented the following Planning Commission recommenda- tion: Commissioner Pellish moved the Planning Commission recommend to the City Council approval of the resolution denying a lot width variance at 1895 Howard Street, to create two substandard width single- dwelling lots, on the basis that: - 12 - 8/22 1. The request is not based upon circumstances unique to the property; therefore, strict enforcement of the Code would not constitute an undue hardship. 2. Sixty and 71 -foot wide lots are uncharacteristic of this block. Approval would be inconsistent with the intent of the zoning code to preserve the character of established neighborhoods. 3. Approval would set a precedent for additional lots with sub- standard widths on this block. 4. Approval would be inconsistent with Council's recent denial of a similar request in this neighborhood. Commissioner Whitcomb seconded. Ayes - Commissioners Axdahl, Ellefson, Pellish, Prew, Sigmundik, Sletten, Whitcomb d. Mr. Robert Lundquist, the applicant, spoke on behalf of the request. e. Acting Mayor Bastian called for proponents. The following were heard: Ms. Cleo Lundquist, daughter of the applicant. Ms. Lynn Ekbom, daughter of the applicant. f. Acting Mayor Bastian called for opponents. None were heard. g. Acting Mayor Basitan closed the public hearing. h. Councilmember Anderson introduced the following resolution and moved its adoption: WHEREAS, Robert Lundquist applied for a variance for the following - described property: Lot 2, Block 4, Hillcrest Gardens, Section 14, Township 29, Range 22. This property is also known as 1895 Howard Street, Maplewood; WHEREAS, sections 36 -69 and 30- 8(f)(1) of the Maplewood Code of Ordinances required no less than 75 feet of lot width at the build- ing setback line; WHEREAS, the applicant is proposing lots with 60 and 71 feet, re- quiring variances of fifteen and four feet; WHEREAS, the procedural history of this variance is as follows: 1. This variance was applied for on June 16, 1983.. - 13 8/22 2. This variance was reviewed by the Maplewood Planning Commission on August 1, 1983. The Planning Commission recommended to the City Council that said variance be denied. 3. The Maplewood City Council held a public hearing on August 22, 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 state- ments. 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 denied on the basis of the following findings of fact: 1. The request is not based upon circumstances unique to the property; therefore, strict enforcement of the Code would not constitute an undue hardship. 2. Sixty and 71 -foot wide lots are uncharacteristic of this block. Approval would be inconsistent with the intent of the Zoning Code to preserve the character of established neighborhoods. 3. Approval would set a precedent for additional lots with sub- standard widths on this block. 4. Approval would be inconsistent with Council's recent denial of a similar request in this neighborhood. Adopted this 22nd day of August, 1983. Seconded by Councilmember Juker. Ayes - all. 7. Variance: Farrell St. - Niezgocki - 8:30 P.M. a. Acting Mayor Bastian convened the meeting for a public hearing regarding the request of Russell Niezgocki for lot width variance to divide a 120 foot wide lot into two sixty foot lots. b. Manager Evans presented the staff report. c. Chairman Les Axdahl presented the following Planning Commission report: Commissioner Pellish moved the Planning Commission recommend to the City Council approval of the resolution denying the variance on the basis that: 1. Strict.enforcement would not cause undue hardship because of circumstances unique to this property. 2. The variance would not be in keeping with the spirit and intent of the ordinance. 3. The property can be put to a reasonable use without the variance. 4. Sixty -foot lots would not be consistent with the predominant lot width of 120 feet in the area. - 14 - 8/22 Commissioner Sletten seconded. Ayes - Commissioners Axdahl, Ellefson, Pellish, Prew, Sigmundik, Sletten, Whitcomb d. Mr. Niezgocki, the applicant, spoke on behalf of the proposal. e. Acting Mayor Bastian called for proponents. None were heard. f. Acting Mayor Bastian called for opponents. The following were heard: Mr. Dick Radman, 2674 Margaret St. Mr. Robert Haag, 2654 Margaret St. g. Acting Mayor Bastian closed the public hearing. h. Councilmember Anderson introduced the following resolution and moved its adoption: 83 -8- 145 WHEREAS Russell Niezgocki applied for a variance for the following - described property: Lot 9, Block 3, Farrell's Addition WHEREAS, Section 30 -8 (f)(1) of the Maplewood Code of Ordinances re- quires a minimum lot width of 75 feet; WHEREAS, the applicant is proposing to divide a lot into two 60 -foot lots requiring a variance of fifteen feet for each lot; WHEREAS, the procedural history of this variance is as follows: 1. This variance was applied for on June 15, 1983. 2. This variance was reviewed by the Maplewood Planning Commission on August 1, 1983. The Planning Commission recommended to the City Council that said variance be denied. 3. The Maplewood City Council held a public hearing on August 22, 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 state- ments. 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 denied on the basis of the following findings of fact: 1. Strict enforcement would not cause undue hardship because of circumstances unique to this property. 2. The variance would not be in keeping with the spirit and intent of the ordinance. 3. The property can be put to a reasonable use without the variance. - 15 - 8/22 4. Sixty -foot lots would not be consistent with the predominant lot width of 120 feet in the area. Adopted this 22nd day of August, 1983. Seconded by Councilmember Juker. Ayes- all. I. NEW BUSINESS (CONTINUED) 1. Plan Review Appeal - CUB Food Store a. Manager Evans presented the staff report. b. Mr. Don Pollard, representing CUB Foods, explained the specifics of the construction and location of the new building. c. Mr. Charles Hooley, President, CUB Foods, also spoke on behalf of the new construction. d. Councilmember Anderson moved to approve the plans for the CUB Food Store located at County Road B and Rice Street subject to the following conditions: 1. The developer obtaining city water. The costs shall be paid for by the developer. The water line shall be extended to the south property line with a public easement. 2. Approval of the plans by the Board does not constitute approval of a building permit. 3. A concrete screening'wall shall be built to the south of the southern most dumpster typical of the western dumpsters concrete screening wall; The wall shall be constructed higher than the dumpsters. 4. Any exterior building or roof -top equipment shall be decoratively screened and hidden from view. The screening material is subject to staff approval. 5. An erosion control plan for construction shall be submitted and approved by the city engineer in light of the RSWCD recommendations prior to the issuance of a building permit. 6. Parking areas shall be striped and all bituminous areas shall have continuous concrete curbing. Handicap stalls shall be clearly marked. 7. The landscaping plan shall be submitted for Board approval. 8. If construction has not begun within two years of approval, Board review Would have to be repeated. 9. Site security lighting shall be provided and shall be directed or shielded so not to cause any undue glare onto adjacent properties or roadways. 10. If any adjacent property is disturbed or property irons removed due to construction of the site, that property shall be restored and irons replaced by the applicant. - 16 - 8/22 11. Grading, drainage and utility plans shall be subject to the city engineer's approval as well as the approval of any other applicable state or county office. 12. Driveway and drainage permits shall be obtained from MnDOT and Ramsey County. 13. A lot split to create this site shall be approved, and the deed recorded, prior to the issuance of a building permit. 14. All applicable requirements of the Environmental Protection Ordi- nance shall be complied With. 15. The easterly driveway radius, which encroaches into the adjacent lot, shall be revised for the city engineer's and Ramsey County's approval to eliminate the encroachment. 16. Any street grade problems shall be worked out with the city engineer and the appropriate state or county office. 17. An agreement to pay for traffic signal, including Opticom signali- zation if needed, and street improvements at County Road B and Rice Street must be accepted and approved by the city engineer and Public Safety Director. Such agreement shall include a letter of credit for the improvements. 18. Reflectorized stop signs shall be provided at exits to public streets. 19. Dedicating a drainage easement to the city for the retention pond in the southeast corner of the site. Seconded by Councilmember Juker. Ayes - all. 3. Water Main Extension - County Road B. a. Manager Evans presented the staff report. b. Councilmember Juker introduced the following resolution and moved its adoption: E:k� , WHEREAS, the proposed CUB store at Rice Street and County Road B is required to have adequate city water for fire protection; WHEREAS, Maplewood does not have water mains in the area to satisfy the requirements; WHEREAS, the City of Little Canada does have water supply at adequate quantity and pressure; WHEREAS, CUB has agreed to pay the initial cost for installing the required water main extension; NOW, THEREFORE,'BE IT RESOLVED BY THE CITY OF MAPLEWOOD COUNCIL that the extension of water main along County Road B from the Little Canada Pump station to the south property line of the CUB site is approved; - 17 - 8/22 BE IT FURTHER.RESOLVED, that the staff is to negotiate an agreement with the City of Little Canada to provide water supply for the project. Seconded by Councilmember Anderson. Ayes - all. J. VISITOR PRESENTATIONS 1. Mr. Gerald Eggert, 979 Bartelmy Lane. a. Mr. Eggert stated he was charged a late charge on his sewer bill. He had notified the City that he would be in Florida for six months and the bill should be forwarded to him. The July bill was forwarded to Florida, but Mr. Eggert was in residence at 979 Bartelmy Lane and the bill did not reach him until after the due date. He requested the late charge be can- celled. b. No action taken. H. UNFINISHED BUSINESS (CONTINUED) 2. Large Assembly Ordinance (2nd Reading) a. Manager Evans presented the staff report. b. Councilmember Anderson moved to accept Section 20 -23 as revised. Seconded by Councilmember Juker. Ayes - Councilmembers Anderson, Juker, and Maida Nay - Acting Mayor Bastian c. Councilmember Anderson introduced the following ordinance and moved its adoption: ORDINANCE N0, 547 AN ORDINANCE REGULATING LARGE ASSEMBLIES THE CITY COUNCIL OF THE CITY OF MAPLEWOOD ORDAINS: Section 20 -15 LARGE ASSEMBLIES, Purpose. In order to regulate the assembly of large numbers of persons whose presence in the City can reasonable be anticipated to exceed the capability of the health, sanitary, fire, police, transportation and utility services provided by the City of Maplewood and in order to establish regulations which protect the health, safety and welfare of all persons within the City, the City Council of the City of Maplewood establishes the following regulations. Section 20 -16. DEFINITIONS. (a) Large assembly means a gathering numbering more than 500 persons; or actions - 18 - 8/22 by one or more persons the intention of which is to attract and assemble a gathering of persons in excess of 500 at a single time and place for any purpose. Section 20 -17. LICENSE REQUIRED. No person shall permit, maintain, promote, conduct, advertise, manage, sell, barter, or give tickets to an actual or reasonable anticipated assembly of 500 or more people, whether on public or private property, unless a license to hold the assembly has been first issued by the City Council as provided herein. In addition to the license re- quired herein, the applicant must possess and submit to the City any other necessary Minnesota State licenses and /or permits necessary to carry on the assembly. Section 20 -18. EXCLUSIONS The following large assemblies do not require a license: (a) Large assemblies sponsored by the City of Maplewood. (b) This ordinance shall not apply to any regularly established, permanent place of worship, stadium, athletic fields, arena, auditorium, colliseum or other similar permanently established place of assembly or assemblies which do not exceed one hundred fifty (150%) percent of the maximum occupancy of said building. Section 20 -19. LARGE ASSEMBLIES PROHIBITED IN CERTAIN AREAS. Large assemblies may be prohibited and a license denied upon a finding by the City Council that the proposed assembly is incompatible with existing residentual land uses. Factors considered in determining incompatibility including without limitation, noise, lighting, traffic, sanitation, congestion of persons, communications, water supply, waste disposal, enforcement of laws against contraband of all types, physical damage to adjoining properties; parking areas, fire hazard, containment on the site, obedience to other ordinances of the City and State and Federal Statutes,and other factors affecting the public health, safety and welfare of the public. Section 20 -20. APPLICATION FOR LICENSE. The application for a large assembly license shall be made in writing and filed with the City Clerk no less than 45 days in advance of the proposed date for the large assembly, upon forms supplied by the City Clerk. The applicaton shall contain, with - out limitation, the following information: (a) The name, age, residence, social security number and mailing address of the applicant, if an individual, all partners if a partnership, and all officers of the corporation if the applicant is a corporation. (bJ The address and legal description of all property which will be in any way used or occupied by the large assembly. (c) The names and addresses of all persons holding an equitable or legal interest - 19- 8/22 in land, except mortgagees, where the proposed large assembly is to be conducted together with a written statement of their approval of such use. (d) The names and addresses all persons with a legal or equitable interest in the land which abuts the subject property. (e) A full description of the nature, purpose and extent of the proposed large assembly. (f) The maximum number of persons which the proposed large assembly will attract at any given time, together with the dates and hours during which the proposed large assembly will be conducted, said assembly shall not be held past 7:OOP.M. any given day. (g) The names, addresses, social security number, credentials, hours of availability, and deployment of security officers, and other general plans for security to be utilized at the proposed large assembly by the applicant. (h) A full description of plans for sound amplification and sound control to be utilized by the applicant. (i) Plans for any food or other concession which will be provided, together with the name, address and licensing information of all concessionaires. (j) All other information which would be required by the provisions of Section 20 -22. (k) Any other information required or requested by the City Clerk or the City Council of the City of Maplewood. (1) All advertising literature, signs, and posters shall be removed within 36 hours from the termination of the large assembly. (m) The nonrefundable investigation fee Section 20 -21. Section 20 -21. ADMINISTRATIVE FEES. The applicant for large assembly license shall pay an investigation fee of $100 which will be nonrefundable. As a condition of granting a license the City may require establishing of a cash escrow to be deposited with the City Clerk. The cash escrow shall be used to guarantee payment by the applicant of the City's costs for legal, engineering, planning, sanitation, health, traffic control, and other law enforcement services which are directly attributable to the large assembly. Section 20 -22. CONDITIONS OF APPROVAL IN GRANTING A LARGE ASSEMBLY LICENSE. The City Council may impose any condition reasonably required to protect the health, safety and welfare of the general public and the persons assembled, including without limitation the following elements: (a) A fence, barrier or other enclosure which controls and regulates ingress and egress to and from the assembly with reasonable safety and speed. (b) A potable water supply, meeting all local, state and federal standards for sanitation, quality and quantity at the rate of one gallon per person per day. (c) Separate enclosed toilets for males and females which meet state specifications, - 20 - 8/22 conveniently located throughout the grounds, in sufficient numbers to meet the Minnesota State Board of Health Regulations and Standards. (d') An efficient and sanitary method of disposing of solid waste at the rate of at least 2.5 pounds per person per day together with provisions for restoration of the site to its original condition. (e) A lighting plan for safe illumination during the hours of darkness. (f) Security officers, private, off -duty or on duty Minnesota Law Enforcement Peace Officers in sufficient numbers to provide for adequate safety and security of the proposed assembly. Security and traffic control must meet the requirements of all state authorities and approval of the Maplewood Chief of Police. (g) An administrative Communications Control Center of communication with City Officials either by messenger or telephone while the Large Assembly is being operated. (h) Sufficient physicians, nurses, or other medical personnel licensed to practice in the State of Minnesota sufficient to provide emergency medical care together with at least two emergency ambulances with attendants for each 5,000 people anticipated in the proposed assembly. (i) A parking area off the public right -of -way and inside the proposed large assembly area sufficient to provide parking space for one vehicle per each four persons antici- pated. Permission for parking from all affected property owners must be obtained. (j) A fire protection plan to be provided by the applicant, including without limi- tation, an alarm system, fire extinguishing devices, fire lanes, together with sufficient personnel supplied by the applicant to efficiently operate the required equipment. (k) Copies of descriptions of all proposed advertising to insure that the proposed advertising confirms with the plans as presented to the City Council. (1) Any reasonable restrictions on sound and sound reproduction and amplification as are necessary to contain unreasonable noise within the enclosed boudaries of the location of the large assembly. (m) A surety Bond or other financial guarantee approved as to form by the City Attorney and established by the City Council in an amount not less than Five Thousand ($5,000) Dollars to guarantee performance by the applicant of the conditions imposed by the City Council in granting the large assembly license. (n) A comprehensive general liability insurance policy covering any and all damages, claims, or other liabilities arising out of the operation of the large assembly whether incurred by the City of Maplewood or by any other association or person. Section 20 -23. MAXIMUM SIZE AND TIME. The City Council may limit the size and time of the large assembly after considering without limitation, those matters set forth in Section 20 -19. Under no circumstances shall the assembly regulated herein tontine longer than six hours. Section 20 -24. OVERTIME CAMPING. - 21 - 8/22 No person holding a large assembly license shall permit, and no participant in a large assembly shall remain overnight at the location of a large assembly, except for a reasonable number of persons required for security purposes. Section 20 -25. ENFORCEMENT. The large assembly license shall be issued by the City Clerk after approval thereof by the City Council. The license shall contain a statement of all conditions attached by the City Council in issuing the license. Enforcement of this ordinance and of any large assembly license may take any of the following forms within the discretion of the City: (a) Enforcement by declaring such large assembly to be a public nuisance followed by abatement procedures provided by statute or ordinance. (b) Enforcement by injunction, declaratory judgment, or any other civil remedy by any court of competent jurisdiction. (c) Enforcement by issuing a citation or criminal complaint against persons parking automobiles in violation of the ordinance or any condition of the large assembly license and the towing of such automobiles at the expense of such persons. (d) Enforcement by disbursing all persons gathered at such large assembly. (e) Enforcement by revoking the large assembly license, ordering removal of all large assembly paraphenalia and the disbursing of persons gathered at the large assembly. Section 20 -26. PENALTY. Any person who obtains a large assembly license, and any employee or agents thereof who violates this ordinance or any condition of any large assembly license issued upon conviction thereof by lawful authority, shall be punished by a fine not to exceed Seven Hundred Fifty ($750) Dollars or by imprisonment not to exceed ninety (90) days or both. Section 20 -27. PENALTY FOR VIOLATION BY PARTICIPANTS. The applicant shall be required to post copies of the large assembly license at several locations in and about the premises, including the automobile parking area. Any par- ticipant in the large assembly, other than the applicant and its employees, who violates any provision of such posted conditions which is specifically applicable to participants, upon conviction thereof lawfull authority, shall be punished by a fine not to exceed Seven Hundred Fifty (750) Dollars any be imprisonment not to exceed ninety (90) days, or both. Section 20 -28. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication in accordance with law. - 22 - 8/22 Passed by the City Council of the City of Maplewood, Minnesota, this 22nd day of August, 1983. /s/ John C. Greavu Mayor Attest: /s/ Lucille E. Aurelius Ayes - 4 city clerk Nays - 0 Seconded by Councilmember Juker. Ayes all.'. K. COUNCIL PRESENTATION ( CONTINUED) 4. Bike Ordinance a. Councilmember Anderson questioned if the ordinance was placed in the Maplewood Review and in the Maplewood in Motion. b. Staff stated it was. 5. Junction Avenue a. Council directed Staff to investigate the hole in Junction Avenue and to fill it. 6. School District Meeting a.. Councilmember Bastian questioned who was going to attend the School District 622 Board Meeting. b. City Manager Evans stated he will attend. L. ADMINISTRATIVE PRESENTATION None. M. ADJOURNMENT 10:15 P.M. City Clerk - 23 - 8/22