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:
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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;
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(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
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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;
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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,
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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;
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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.
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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
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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.
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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.
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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.
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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:
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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..
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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.
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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.
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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.
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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;
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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
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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.
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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
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