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HomeMy WebLinkAbout09.12.83MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, September 12, 1983 Council Chambers, Municipal Building Meeting No. 83 -23 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers, Municipal Building and was called to order at 7:02 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present MaryLee Maida, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes of Meeting No. 83 -18 August 8, 1983 Mayor Greavu moved to approve the Minutes of Meeting No. 83 -18 (August 8, 1983) as submitted. Seconded by Councilmember Juker. D. APPROVAL OF AGENDA Ayes - Mayor Greavu, Councilmembers Anderson, Juker, Maida Councilmember Bastian abstained. Mayor Greavu moved to approve the agenda as amended: 1. Park Meeting 2. Letter to MTC 3. Conditional Use Permits 4. Construction 5. Volunteer Meeting 6. Somerset Ridge 7. Beam Avenue 8. Assessments 9. Highwood 10. Volunteerism 11. Sewer Billing 12. Highwood - McKnight, 4 Way Stop 13. McKnight - Burns, Cleaning 14. Assistant City Engineer 15. Holiday Seconded by Councilmember Juker. CONSENT AGENDA Ayes all. Council removed Items E -3, 6 and 7 to become Items I -9, 10 and 11. Mayor Greavu moved, seconded by Councilmember Juker, Ayes -all to approve the Consent - 1 - 9/12 Agenda Items 1, 2, 4 and 5 as recommended 1. Accounts Payable Approved the accounts (Part I - Fees, Services, Expenses - Check Register dated 8 -30 -83 thru 9 -1 -83 $355,581.07: Part II - Payroll Check dated 8 -19 -83 $65,362.39) in the amount of $420,943.46. 2. Resolution on I.C.M.A. Retirement Corp. Resolution No. 83 -9 -146 WHEREAS, the Employer maintains a deferred compensation plan for its employees which is administered by the ICMA Retirement Corporation (the "Administrator "); and WHEREAS, the Administrator has recommended changes in the plan document to comply with recent federal legislation and Internal Revenue Service Regulations governing said plans; and WHEREAS, the Internal Revenue Service has issued a private letter ruling approving said plan document as complying with Section 457 of the Internal Revenue Code; and Whereas, other public employers have joined together to establish the ICMA Retirement Trust for the purpose of representing the interests of the participating employers with respect to the collective investment of funds held under their deferred compensation plans; and WHEREAS, said Trust is a salutary development which further advances the quality of administration for plans administered by the ICMA Retirement Corporation: NOW THEREFORE BE IT RESOLVED that the Employer hereby adopts the deferred compensation plan, attached hereto as Appendix A, as an amendment and restatement of its present deferred compensation plan adiministered by the ICMA Retirement Corporation, which shall continue to act as Administrator of said plan; and BE IT FURTHER RESOLVED that the Employer hereby executes the ICMA Retirement Trust, attached hereto as Appendix B; and BE IT FURTHER RESOLVED that the Employer hereby adopts the trust agreement with the ICMA Retirement Corporation, as appears at Appendix C hereto, as an amendment and re- statement of its existing trust agreement with the ICMA Retirement Corporation, and directs the ICMA Retirement Corporation, as Trustee, to invest all funds held under the deferred compensation plan through the ICMA Retirement Trust as soon as is prac- tible; and BE IT FURTHER RESOLVED that the City Manager(use title of official, not name) shall be the coordinator for this program and shall receive necessary reports, notices, etc. from the ICMA Retirement Corporation as Administrator, and shall cast, on behalf of the Employer, any required votes under the program. Administrative duties to carry out the plan may be assigned to the appropriate departments. 3. Audit Contract for 1983. See Item I -9 4.. Donation - Nature Center. Received a $100 donation to the Maplewood Nature Center from an anonymous giver. - 2 - 9/12 5. Datsun Water Main Authorize the purchase of the Datsun Water Main at the developers cost of $55,388.58 subject to a bill of sale from Mr. Hess Kline. 6. Conditional Use Permit - Presentation See Item I -10 7. Conditional Use Permit - Sbarro See Item I -11 F. PUBLIC HEARINGS 1. Maplewood Professional Building IDR 7:00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the proposal of Maplewood Professional Associates to obtain a $1,660,000.00 Industrial Revenue Note to acquire land and to construct a 15,774 square foot multi - purpose office building. b. Manager Evans presented the staff report. c. Mr. Andrew Merry,Juran and Moody, spoke on behalf of the request. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilmember Anderson introduced the following resolution and moved its adoption: 83 - 9 - 147 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 DEVELOOPMENT OF THE STATE OF MINNESOTA AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH THE PROJECT WHEREAS, I (a) The purpose of Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial Development Act (the "Act ") as found and determined by the legislature is to promote the welfare of the state by the active attraction and encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; (b) Factors necessitating the active promotion and development of economically - 3 - 9/12 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 govern- mental 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; (c) The City Council of the City of Maplewood (the "City ") has received from Maplewood Professional Associates, a general partnership organized under the laws of the State of Minnesota (the "Company ") a proposal that the City assist in finan- cing 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 selection development of the community, retain and improve the tax base and help to provide the range of services and employ- ment 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 of multi - purpose real estate to be used as office space for professionals. The Project to be financed by the Revenue Bonds is a 15,774 square foot multi - purpose office building to be located at the Southeast corner of the intersection of Beam Avenue and Hazelwood Avenue, in Maplewood, Minnesota, to be owned and utilized by the partners as a professional office building and consists of the aquisition of land and the construction of buildings and ;improvements 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 con- ventional, commercial financing to pay the capital cost of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, but Company has also advised this Council that with the aid of municipal financing, and its resulting low borrowing cost, the Project is economically more feasible; (g) Pursuant to a resolution of the City Council adopted on August 8, 1983, a public hearing on the Project was held on September 12, 1983, after notice was published, 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 financial interest,in the Project nor will any public official either directly or indirectly 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 a 15,774 square foot multi - purpose professional office building within the City pursuant - 4 - 9112 to Company's specifications suitable for the operations described above to be initially owned and operated by the Company upon such terms and conditions with provisiions 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 $1,660,000 to be issued pursuant to the Act to finance the acquisition, construction 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 pro- ducing enterprises engaged in any business within the meaning of Subdivision la of Section 474.02 of the Act; that the Project furthers the purposes stated in Section 474.01, Minnesota Statutes; that the availability 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 assist in the prevention of the emergence of blighted and marginal land, to help prevent chronic unemployment, to help the City retain and improve the tax base and to provide the range of service and employment opportunities required by the population, to help prevent the movement of talented and educated persons out of the state and to areas within the State where their services may not be as effectively used, to promote more intensive deveopment 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 detailes 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 Juran & Moody, Inc. are authorized to assist in the preparation and review of necessary documents relating to the Project, to consult with the City Attorney, Company, and the purchaser of the Revenue Bonds as to the maturities, interest rates and other terms and provisions of the Revenue Bonds and as to the covenants and other provisions of the necessary documents and to submit such documents to the Council for final approval; 7. Nothing in this resolution or in the documents prepared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the City for this 5 - 9/12 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 exercise of the taxing power of the City to pay the out- standing prinicpal on the Revenue Bonds or the interest thereon, or to enforce payment thereof against any property of the City. The Revenue Bonds shall recite in substance that the Revenue Bonds, including interest thereon, 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 constitut- ional 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 delivered but otherwise without liability on the part of the City. Seconded by Councilmember Juker; Ayes - all. 2. Rezoning - 1690 English (4 votes) 7:05 P.M. a. Mayor Greavu reconvened the meeting for a public hearing regarding the rezoning of 1690 English from BC Business commercial to NC neighborhood commercial. The original hearing was held on August 22, 1983. b. Manager Evans presented the staff report. c. Commissioner Lorraine Fischer presented the following Planning Commission re- commendation: "Commissioner Fischer said in view of the fact there are procedures available to allow the present owner to expand on the site his present business if desired, moved that the Planning Commission recommend the City Council approve the resolution rezoning 1690 English Street from BC to NC. Commissioner Whitcomb seconded. Cher, Pellish, Sletten, Whitcomb. Prew." Ayes - Commissioners Barrett, Fis- Nays - Commissioners Hejny, Robens, d. Mr. Jerry Erickson, co -owner of the property, spoke in favor of leaving the zoning as is. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu callef for opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Councilmember Anderson introduced the following resolution and moved its - 6 - 9/12 ion: WHEREAS, City of Maplewood initiated a rezoning from BC, business commercial to NC, neighborhood commercial for the folloiwng described property: Subject to Avenue over the South 52.5 feet and subject to street, the south 149.5 feet of that part of the SW 1/4 lying west of the Northern Pacific rail- road right of way, in Section 15, Township 29, Range 22. This property is also known as 1690 English Street, Maplewood; WHEREAS, the procedural history of this rezoning is as follows: This rezoning was initiated by the City of Maplewood, pursuant to chapter 36, article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commission on July 18, 1983. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on September 12, 1983 to consider this rezoning. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above described rezoning be approved on the basis of the following findings of fact: 1. The proposed rezoning would be consistent with the spirit purpose and intent of the zoning code and Land Use Plan. 2. The proposed change would not substantially injure or detract from the use of neighboring property or from the character of the neighborhood. 3. The proposed change would serve the best interests and conveniences of the community. Seconded by Councilmember Maida. Ayes - Councilmembers Anderson, Juker,,Maida and Bastian. Nays - Mayor Greavu. 3. Rezoning - John Glenn (4 votes) 7:10 P.M. a. Mayor Greavu convened the meeting for a public hearing on the proposed rezoning of the John Glenn Jr. High School property site from M -1, Light Manufacturing, to R -1, single dwelling residence district. b. Manager Evans presented the staff report. c. Commissioner Lorraine Fischer presented the following Planning Commission re- commendation: "Commissioner Pellish moved the Planning approval of the resolution rezoning John manufacturing to R -1, residence district Commission recommend to the City Council Glenn School property from M -1, light (single dwelling). - 7 - 9/12 Commissioner Fischer seconded. Ayes - Commissioners Barrett, Fischer, Hejny, Pellish, Prew, Robens, Sletten, Whitcomb." d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilmember Bastian introduced the following resolution and moved its adoption: 83 - 9 - 149 WHEREAS, the City of Maplewood initiated a rezoning from M -1, light manufacturing to R -1, residence district (single dwelling) for the following described property: Lot 1 and 2 and the west 139.9 feet of Lot 3, Block 7, Sabin Garden Lots in- cluding the south half of that part of vacated Eldridge Avenue accruing thereto, WHEREAS, the procedure history of this rezoning is as follows: 1. This rezoning was initiated by the City of Maplewood, pursuant to chapter 36, article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commission on July 18, 1983. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on September 12, 1983 to consider this rezoning. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above described rezoning be approved on the basis of the following findings of fact: 1. The zone change would be consistent with the intent of the Land Use Plan. 2. The change would not substantially injure or detract from the use of the neigh - boring property. 3. The change would be in the best interest of the public by eliminating the potential for overly intensive manufacturing uses in a residential neighborhood. Seconded by Councilmember Anderson. Ayes all. 4. Alley Vacation - Between Jessie and Bradley Street 7:15 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the pro- posal to vacate the alley in Block 7, King's Addition to the City of St. Paul. b. Manager Evans presented the staff report. c. Commissioner Lorraine Fischer presented the following Planning Commission recommendation: - 8 - 9/12 "Commissioner Ellefson moved the Planning Commission recommend to the City Council approval of the resolution vacating the alley right -of -way located in Block 7, Kings Addition to the City of St. Paul except that portion south of the north line of Lot 15, subject to: 1. Retaining a utility easement of the east ten feet of the entire right -of way. 2. Retaining a drainage easement over the entire vacated right -of -way. Commissioner Sletten seconded. Ayes -- Commissioners Axdahl, Ellefson., Pellish, Prew, Sigmundik, Sletten, Whitcomb" d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilmember Bastian introduced the following resolution and moved its adoption. 83 -9 -150 WHEREAS, Louis;Colonna initiated proceedings to vacate the public interest in the followinn described real property: Except that part lying south of the easterly extension of the north line of lot fifteen, the alley platted in Block 7, Kings Addition to the City of St. Paul, Section 17, Township 29, Range 22. WHEREAS, the procedural history of this vacation is as follows: 1. This vacation was initiated by Louis Colonna on May 4, 1983; 2. A majority of the owners of property abutting said alley right -of -way have signed a petition for this vacation; 3. This vacation was reviewed by the Planning Commission on August 1, 1983. The Planning Commission recommended to the City Council that this vacation be approved. 4. The City Council held a public hearing on September 12, 1983, to consider this vacation. Notice thereof was published and mailed pursuant to law. All persons present at this hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the city staff and Planning Commission. WHEREAS, upon vacation of the above described alley right -of -way, public interest in the property will accrue to the following described abutting properties: Lots 1 -4, Block 7 Lot 5, Block 7 Lot 6 and the north 1/2 of Lot 7, Block 7 Lot 8 and the south 112 of Lot 7, Block 7 Lots 9 -11, Block 7 The east 1/2 of Lots 12 -14, Block 7 The west 1/2 of Lots 12 -14, Block 7 - 9 - 9/12 Lots 15 -25, Block 7 All in Kings Addition to the City of St. Paul, Section 17, Township 29, Range 22. _ NOW, THEREFORE, BE IT RESOLVED by the Maplewood City Council that it is in the public interest to grant the - above- described vacation on the basis of the following findings of fact: 1. There is no public need to construct an alley over this right -of -way. 2. Maintaining the right -of -way unnecessarily restricts the development of abutting properties. This vacation is subject to the retention of: 1. A drainage easement over the entire vacated right -of -way. 2. A utility easement over the easterly ten feet. Seconded by Councilmember Maida. Ayes all. 5. Rezoning- Highway 36; Cope and Ariel Street (4 votes) 7:30 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the proposal to rezone the property at Cope Avenue, German_ Street, and Castle Avenue from BC Business Commercial to R -1 Single Residence District: b. Manager Evans presented the staff report. c. Commissioner Lorraine Fischer presented the following Planning Commission recommendation: "Commissioner Prew moved the Commission recommend approval of the resolution rezoning this site from BC to R -1 Commissioner Axdahl seconded. Some of the Commissioners spoke in opposition of the motion as the Commission has already given a position on the land use and zoning. Voting: Ayes -- Commissioner Prew Nays -- Commissioners Axdahl, Ellefson, Pellish, Sletten, Sigmundik, Whitcomb. Motion fails 1 -6 Commissioner Whitcomb moved the Planning Commission table this item as +6..... k­ +hic .,A fool +ho ci +P chnnld YP_ M Commissioner Sletten seconded. Ayes -- Commissioners Axdahl, Ellefson, Pellish, Prew, Sigmundik, Sletten, Whitcomb." d. Mayor Greavu called for proponents. The following were heard: Ms. Marcia Holdren, 1927 E. Cope Avenue Mr. Nick Weller, 2236 German Street - 10 - 9/12 Mr. Charles Thenimes, 1928 Castle Ms. Dora Toll, 1922 Castle Mr. Scott Myckleby, 2220 Craig Place Mr. Dean Farinella, 1930 Castle Ms. Pat Myckleby, 2220 Craig Place Ms. Pat Holdren, 1927 E. Cope Avenue Mr. Hrold Lietz, 2285 N. Seventh St represented by daughter, Connie Landreville Mr. John Glasow, 2271 Craig Place A petition signed by area residents was presented. e. Mayor Greavu called for opponents. The following were heard: Mr. Geoff Jarpe, Representing Hillcrest Development Mr. James Pollish, 7W Golden Lake Rd, Circle Pines f. Mayor Greavu closed the public hearing. g. Councilmember Anderson introduced the following resolution and moved its adoption: 83 -9 -151 WHEREAS, the City of Maplewood initiated a rezoning from BC, Business Commercial to R -1 Residence District (single dwelling) for the following - described properties: 1. Lots 16 and 17, Block 6, Dearborn Park 2. Lots 14, 15, 16 and 17, Block 11, Dearborn Park 3. Lots 28,29 and 30, Block 7, Dearborn Park 4. Lots 1, 2, 3, 28, 29 and 30, Block 10, Dearborn Park WHEREAS, the procedural history of this rezoning is as follows; 1. This rezoning was initiated by the Maplewood City Council, pursuant to chapter 36, article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commission on August 1, 1983. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on September 12, 1983, to consider this rezoning. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the city staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described rezoning be approved on the basis of the following findings of fact; 1. The proposed change is consistent with the spirit, purpose and intent of the zoning ordinance and Comprehensive Plan. 2. The proposed change will not substantially injure or detract from the - 11 - 9/12 use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the com- munity, where applicable, and the public welfare. 4. The current zoning was done previous to adoption of the Comprehensive Plan. Seconded by Councilmember Maida. Ayes - Councilmembers Anderson, Bastian, Juker and Maida. Nays - Mayor Greavu. 6. Code Amendment: Environmental Protection /Critical Area 7:45 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding consolidating the Environmental Protection Ordinance and the Critical Area Ordinances into a single ordinance. b;: Manager Evans presented the staff report. c. Commissioner Lorraine Fischer presented the following Planning Commission re- commendation: "Commissioner Prew moved the Planning Commission recommend to the City Council approval of the ordinance, which will: 1. Consolidate the Environmental Protection and Critical Area Ordinances to create an Environmental Protection and Critical Area Ordinance. 2. Rescind the Critical Area Ordinance (Sections 36 -496 to 36 -549 of City Code) adopted on March 1, 1979'and revised on March 5, 1981. The Critical Area Plan iwould remains im effect,, asl adopted: March? 9�;� 1979 and ireNised( March 15,11981. Commissioner Ellefson seconded. Ayes - Commissioners Axdahl, Ellefson, Pellish, Prew, Sigmundik, Sletten, Whitcomb." d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilmember Bastian moved first reading of an ordinance consolidating the Environmental Protection and Critical Area Ordinances. Seconded by Councilmember Maida. Ayes - all. 7. Conditional Use Permit — County Road B and VanDyke 8:00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the proposal of John F. Sauro, Sauro Realty, for a conditional use permit to construct three eight plexes and eight four plexes north of County Road B and West of VanDyke Street. b. Manager Evans presented the staff report. c. Commissioner Lorraine Fischer presented the following Planning Commission recommendation: - 12 - 9/12 "Commissioner Fischer moved the Planning Commission approve the following resolut- ion and forward it to the City Council: Whereas, Sauro Realty initiated conditional use permit to construct multiple dwell- ings in a business commercial zoning district at the following described property: Except the easterly 120 feet, the following parcels: South 112 of vacated alley adjoining and north 112 of vacated Laurie Avenue adjoin- ing and following part of Lot 2 lying east of a line running from a point in center line of said avenue 272 19/100 feet east from west line of lot 2 to a point on north line of and 272 91/100 feet east from northwest corner of said lot 2, block 13, Smith and Taylors Addition to North St. Paul. Except south 2 65/100 feet and except following: Beginning on west line of and 2 65/100 feet north of southwest corner of lot 1, thence east 271 49/100 feet thence north to point in center line of vacated Laurie Road 272 19/100 feet east from west line of said lot, thence west to west line of said lot 1, thence south to beginning, part of vacated adjacent Lauire Road in Lot 1, block 20, Smith and Taylors Addition to North St. Paul. Vacated avenue south of and accruing following except north 2 65/100 feet the east 270 feet of Lot 2, Block 20, Smith and Taylors Addition to North St. Paul. Vacated alley accruing and following except west 271 49/100 feet the south 2 65/100 feet of lot 1 and except west 271 49/100 feet the north 2 65/100 feet of lot:.2, block 20, Smith and Taylors Addition to North St. Paul. Vacated avenue south of and accruing and following except north 2.65 feet the west 49 feet of east 319 feet of lot 2, bloek'.20, Smith and Taylors Addition to North St. Paul. North 112 of vacated alley and vacated avenue north of and accruing and following east 495 6/10 feet of lot 1, block 29, Smithland Taylors Addition to North St. Paul. South 1/2 of vacated alley adjoining and east 495 6/10 feet of lot 2, block 29, Smith and Taylors Addition to North St. Paul. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD PLANNING COMMISSiION that the above described conditional use permit be approved on the basis of the following findings of fact: 1. The use would conform with the City's Comprehensive Plan and with the purpose and standards of the Zoning code. 2. The establishment or maintenance of the use would not be detrimental to the public health, safety or- general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character of the zoning district. 4. The use would not depreciate property values. 5. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to noises, glare, smoke, dust, odor, fumes, water pollution, water run -off, vibration, general unsightliness, electrical inter- - 13 - 9/12 ference or other nuisances. 6. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area properties. 7. The use would be served by essential public services, such as streets, police, fire portection, utilities, schools and parks. 8. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the City. 9. The use would preserve and incorporate the site's natural and scenic features into the development design. 10. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. Construction beginning within one year. Code allows a one time six month extension if just cause is shown. The applicant must apply for such extension, in writing, at least thirty days prior to expiration. 2. Prior to the issuance of a building permit for any of the structures which do not front on County Road B, Council must order the extension of a water main along VanDyke Street from County Road B. 3. The curb cuts on VanDyke Street shall be centered on the Sandhurst and Laurie Avenue rights -of -way, located to the east. 4. Community Design Review Board approval of the site and building plans. Approval shall include, but not be limited to, the following findings: a. The use shall be designed to be compatible with the character of the zoning district. b. The use would preserve and incorporate the site's natural and scenic features into the development design. 5 A landscaped area of at least twenty feet in width shall be provided along the south and east boundaries of the site. This landscaping shall include permanent screening of at least six feet in height and eighty - percent opaqueness. The screening materials shall be as required in Section 36 -27 of City Code. 6. Final grading, drainage and utility plans must be approved by the City Engineer. 7. Any connection,to utilities in County Road B or temporary curb cuts to County Road B must be approved in writing by the Ramsey County Department of Public Works. 8. Submission of an erosion control plan prior to issuance of any building permits, which incorporates the recommendations of the Watershed and Soil and Water Conservation Districts. Commissioner Whitcomb seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Pellish, Prew, Robens, Sigmundik, Sletten, Whitcomb." - i4 - 1� j 12 d. Mr. Gene Hughes, the developer and contractor, spoke on behalf of the proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. The following were heard: Ms. Connie Landreville, 2194 VanDyke Mr. Maynard Riechert, 2172 VanDyke Mr. Leo Cybilka, 2230 VanDyke Mr. Roger Falk, 1810 E. County Road B Mr. Arth Ready, Jr., 1800 E. County Road B g. Mayor Greavu moved to table this item until the meeting of October 10, 1983. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Maida. Nays - Councilmember Bastian. 8. Variance - Carver Avenue - Ebertz - 8:15 P.M. Public hearing was cancelled. G. AWARD OF BIDS None. H. UNFINISHED BUSINESS 1. Code Amendment: Minimum Floor Area (4 votes) 2nd Reading a. Manager Evans presented the staff report. b. Mayor Greavu introduced the following ordinance and moved its adoption: ORDINANCE NO. 551 AN ORDINANCE AMENDING THE ZONING ORDINANCE RELATING TO MINIMUM FLOOR AREA REQUIREMENTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MAPLEWOOD AS FOLLOWS: Section 1. Section 36 -86(2) is amended to read as follows: The minimum habitable floor area for each R -2, Residence District dwelling unit shall be at least: 580 square feet per efficiency or one - bedroom unit 740 square feet per two - bedroom unit 860 square feet per three- bedroom unit 1040 square feet per four - bedroom unit Section 2. Section 36- 119(b) is amended to read as follows: (b) Floor area. The minimum habitable floor area for each R -3A multiple dwelling shall be at least: 580 square feet per efficiency or one bedroom unit 740 square feet per two - bedroom unit 1040 square feet per four- bedroom unit - 15 - 9/12 Section 3. Section 36- 122(b) is amended to read as follows: (b) Minimum habitable foor area. The minimum floor area for each R -3B multiple dwelling shall be at least: 580 square feet per efficiency or one- bedroom unit 740 square feet per two- bedroom unit 860 square feet per three - bedroom unit 1040 square feet per four- bedroom unit Section 4. Section 36- 124(3) is amended to read as follows: (3) Floor area. The minimum habitable floor area for each R -3C multiple dwelling shall be at least: 580 square feet per efficiency or one - bedroom unit 740 square feet per two - bedroom unit 860 square feet per three - bedroom unit 940 square feet per four - bedroom unit Section 5. Section 36 -6 Definitions is amended to add the following new subsection: Habitable foor area: Residential floor area which meets the Uniform Building Code requirements for ceiling height, light and ventilation. Section 6. This ordinance shall take effect upon passage and publication. Seconded by Councilmember Bastian. Ayes - all. 2. Application for Delayed Payment of Special Assessment a. Councilmember Anderson moved to waive the Rules of Procedures to hear Mr. Tansey's request for adjustmen o ros - assessmen . Seconded by Councilmember Juker. Ayes - all. b. Council referred Mr. Tansey's request to the City Attorney for investigation. c. Anges Magnuson, 1940 Barclay Councilmember Bastian moved that the Barclay Street for Senior itizen e Seconded by Councilmember Anderson. d. Lyle Bunton, 1928 Manton Street Councilmember Bastian moved that the Street for Senior Citizen a erment lication of Ms. en or property in t e amoun Ayes - all. son, 1940 a s TF-ZM lication of Lyle Bunton. 1928 Manton n Seconded by Councilmember Anderson. Ayes - all. 3. Maurice Ramstrom, 1962 Prosperity - Frost Avenue Assessment - 16 - 9/12 .Jb De a a. Manager Evans presented the staff report. b. Councilmember Anderson moved to refer this matter to the City Attorney for investigation. Seconded by Councilmember Bastian. I. NEW BUSINESS 1. Establish Public Hearing, 1984 Budget a. Mayor Greavu moved to establish hearing date for tea option o t Seconded by Councilmember Bastian. 2. Battle Creek Park a. Manager Evans presented the staff report. b. Councilmember Juker moved that the Ma because of action taken bv the Ramsev Cou Ayes - all. 30, 1983 at 5:00 P.M. as the public Ayes - all. forward a letter statinq Council Seconded by Councilmember Anderson. Ayes - all. 3. Plan Amendment: Gall Avenue a. Manager Evans presented the staff report. b. Commissioner Lorraine Fischer presented the following Planning Commission recommendation: "Commissioner Prew moved the Planning Commission recommend approval of the follow- ing resolution: WHEREAS, the Maplewood City Council initiated an amendment to the Maplewood comprehensive plan from RM, residential medium density to RL, residential low density for the following described property: An area bounded by County Road D, McKnight Road, Lakewood Drive and the NSP high voltage lines; NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD PLANNING COMMISSION that the above described plan amendment be approved on the basis of the following findings of fact: 1. Most of the land is developed with single dwellings. 2. The undeveloped land has single dwellings to the north and south. 3. The City has tried to locate multiple dwellings on the edge, rather than in the middle of single dwelling neighborhoods. Commissioner Barrett seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Pellish, Prew, Sigmundik, Sletten, Whitcomb, Robens." d. Mr. Tony Vruno, 2370 Gall Avenue, stated he was in favor of the Plan Amendment. - 17 - 9/12 d. Councilmember Bastian introduced the followinq resolution and moved its adoption: 83 - 9 - 152 WHEREAS, the Maplewood City Council initiated an amendment to the Maplewood comprehensive plan from RM, residential medium density to RL, residential low density for the following described property: An area bounded by County Road D, McKnight Road, Lakewood Drive and the NSP high voltage lines; WHEREAS, the procedural history of this plan amendment is as follows: 1. This plan amendment was initiated by the Maplewood City Council. 2. The Maplewood Planning Commission held a public hearing on August 15, 1983 to consider this plan amendment. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given opportunity to be heard and present written statements. The Planning Commission recommended to the City Council that said plan amendment be approved. 3. The Maplewood City Council considered said plan amendment on September 12, 1983. The Council considered reports and recommendations from the Planning Commission and City Staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above described plan amendment be approved on the basis of the following findings of fact: 1. Most of the land is developed with single dwellings. 2. The undeveloped land has single dwellings to the north and south. 3. The City has tried to locate multiple dwellings on the edge, rather than in the middle of single dwelling neighborhoods. Seconded by Councilmember Juker. Ayes - all. 4. Plan Amendment: North and South of Carver Avenue a. Manager Evans presented the staff report. b. Commissioner Lorraine Fischer presented the following Planning Commission recommendation: "Commissioner Pellish moved the Planning Commission recommend approval of the following resolution: WHEREAS, the City of Maplewood has initiated an amendment to the Maplewood comprehensive plan from OS, open space to RL, low density residential for the following described property: The south 100 feet of the SE 1/4 of the SW 1/4 of Sec. 13, Township 28, Range 22. The north 100 feet of the NE 1/4 of the NW 1/4 of Section 24, Township 28, Range 22. - 18 - 9/12 Except for the south 600 feet, the west 200 feet of the east half of the NW 1/4 of Section 24, Township 28, Range 22 That part lying northwest of I -494 of the NE 1/4 of Section 24, Township 28, Range 22 NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD PLANNING COMMISSION THAT THE above described plan amendment be approved on the basis of the following findings of fact: 1. The open space land east of Dorland Road is not needed by the City of Maplewood or Ramsey County Parks and Recreation, for trail purposes. 2. This land is potentially developable for single dwellings. 3. The open space land at 1240 Sterling Street is presently developed with a single dwelling so the OS designation is inappropriate. Commissioner Sletten seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Pellish, Prew, Sigmundik, Sletten, Whitcomb, Robens." c. Mayor Greavu asked if anyone in the audience wished to be heard. The following expressed their opinions: Mr. Lawrence Grand, purchase agreement at 2405 Carver Avenue Mr. Robert A. Wilds, 2410 Carver Avenue Mr. Jerold Miller, 2405 Carver Avenue. d. Mayor Greavu introduced the following resolution and moved its adoption: 83 -9- 153 WHEREAS, the City of Maplewood has initiated an amendment to the Maplewood comprehensive plan from OS, open space to RL, low density residential for the following described property: The south 100 feet of the SE 1/4 of the SW 1/4 of Sec. 13, Township 28, Range 22. The North 100 feet of the NE 1/4 of the NW 1/4 of Section 24, Township 28, Range 22. Escept for the south 600 feet, the west 200 feet of the east half of the NW 1/4 of Section 24, Township 28, Range 22. That part lying northwest of I -494 of the NE 1/4 of Section 24, Township 28, Range 22. WHEREAS, the procedural history of this plan amendment is as follows: 1. This plan amendment was initiated by the City of Maplewood. -. The Maplewood Planning Commission held a public hearing on August 15, 1983 to consider this plan amendment. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Planning Commission recommended to the City Council that said plan amendment be approved. - 19 - 9/12 3. The Metropolitan Council considered said plan amendment on September 12, 1983, and determined that said plan amendment be approved. 4. The Maplewood City Council considered said plan amendment on September 12, 1983. The Council considered reports and recommendations from the Planning Commission, City Staff and Metropolitan Council. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above described plan amendment be approved on the basis of the following findings of fact: 1. The open space land east of Dorland Road is not needed by the City of Maplewood or Ramsey County Parks and Recreation, for trail purposes. 2. This land is potentially developable for single dwellings. 3. The open space land at 1240 Sterling Street is presently developed with a single dwelling so the OS designation is inappropriate. Seconded by Councilmember Bastian Ayes - Mayor Greavu, Councilmembers Bastian and Juker. Nays - Councilmembers Anderson and Maida. 5. English Street: No Parking a. Manager Evans presented the staff report. b. Councilmember Juker introduced the following resolution and moved its adoption: 83 9 - 154 RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the west side of English Street from T.H. 36 to 100 feet North of the frontage road be designated "No- Parking Anytime ". Seconded by Mayor Greavu. Ayes - all. 6. Cub Foods: Traffic Signal a. Manager Evans presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 83 -9- 155 kESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,, MINNESOTA: 1) Staff is authorized to enter into a standard development agreement with CUB Foods requiring the developer to provide the design and pay the cost of installation for a signal system and appurtenances at County Road B and Rice Street. 2) Staff is authorized to enter into an agreement with MnDOT where the City agrees to contract for the signal and appurtenances installation. 3) Staff is authorized to advertise for sealed bids. - 20 - 9/12 Seconded by Councilmember Juker. Ayes - all. 7. Sewer Connection: 2125 White Bear Avenue a. Manager Evans stated Mrs. Shirley Trebesh, 2125 White Bear AVenue, was request- ing deletion of the sewer cash connection charge and the Sewer Availability Charge (S.A.C.). b. Mrs. Shirley Trebesh spoke in favor of her proposal. c. No action taken. Councilmember Anderson moved to Waive Rules of Procedures to discuss Items 9 and 10 and 11 at this time. Seconded by Mayor Ureavu. Ayes - all. 11. Conditional Use Permit - Sharro a. Manager Evans presented the staff report. b. Councilmember Anderson moved to approve the renewal of the conditional use permit for a game room at Sharro s Italian Eatery at the Maplewood Mall or Seconded by Councilmember Bastian. Ayes - all. 10. Conditional Use Permit - Presentation a. Manager Evans presented the staff report. b. Councilmember Anderson moved to approve the renewal of the conditional use permit to continue the day care facility at the Presentation of the esse irgin Mary Church for three .years. Seconded by Councilmember Juker. Motion failed. Ayes - Councilmembers Anderson and Juker. Nays - Mayor Greavu, Councilmembers Bastian and Maida. c. Mayor Greavu introduced the following resolution and moved its adoption: 83 -9- 156 ' WHEREAS, the Church of the Presentation of the Blessed Virgin Mary initiated the renewal of a conditional use permit to operate a day care facility at the following described property: Subject to Larpenteur Avenue, the south 656 feet of the SE 1/4 of Section 15, Township 29, Range 22, lying between Kennard Street and Prosperity Road. This property is also known as 1735 Kennard Street, Maplewood; - 21 - 9/12 WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was initiated by the Church of the Presentation of the Blessed Virgin Mary pursuant to the Maplewood Code of Ordinances. 2. The Maplewood City Council considered this conditional use permit renewal request on September 12, 1983. The Council considered the report of the City Staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above described conditional use permit be renewed for five years on the basis that: 1. The condition of initial approval has been complied with. 2. No nuisance conditions have arisen due to the existence of this facility. If no nuisance conditions exist at the end of the renewal period, the City Council may renew this permit. Seconded by Councilmember Bastian. 8. Uncollected Paramedic Bills Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Maida. Nays - Councilmember Juker. a. Manager Evans presented the staff report. b. Mayor Greavu moved the $3,810.90 of the uncollected paramedic bills, as pre- sented, be written off as uncollectible. Seconded by Councilmember Bastian. Ayes - all. 9. Audit Contract for 1983 a. Manager Evans presented the staff report. b. Mayor Greavu moved that proposals or bids be obtained from the audit firms for the 1983 Audit. Seconded by Councilmember Anderson J. VISITOR PRESENTATIONS None. K. COUNCIL PRESENTATIONS 1. Park Meeting Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Maida. Nays - Councilmember Bastian. a. Councilmember Juker would like Council to meet with the Park and Recreaton Commission and the Recreation Staff. b. November 9, 1983 is established as the meeting date. L.' Letter M.T.C. a. Councilmember Juker stated the property owners at the Northeast corner of - 22 - 9/12 Frost and Manton have requested that M.T.C. change its bus stop from their corner to the Northwest corner since there is a sidewalk and more room and the newly layed grass will not be damaged. 3. Conditional Use Permit a. Councilmember Juker stated she Mould like conditional use permits extended for three years instead of five years. b. Council stated the number of years should be left open and each permit will be determined individually. 4. Construction a. Councilmember Juker requested that contractors be responsible for the dirt that they leave on the roads. b. No action taken. 5. Volunteer Meeting a. Councilmember Juker questioned if the City had to pay for janitor service when a volunteer meeting is held. b. City does not pay. 6. Somerset Ridge a. Councilmember Juker stated this project did not come before the Council. The Community Design Review Board had final approval and she felt this is not appropriate. b. No action taken. Councilmember Anderson moved to waive the Rules of Procedures and extend the meet past, the dbaddindl Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Maida. Nays - Councilmember Bastian. 7. Beam Avenue a. Councilmember Anderson stated that on Beam Avenue east of Frederick is being used as a four lane road. b. Staff stated Beam will be restriped for two lanes east of Frederick and a sign posted stating right lane ending. 8. Assessments a. Councilmember Anderson requested the written policy on assessments be dis- tributed to the Council. b. Staff will present Council with all available written policies. 9. Highwood - 23 - 9/12 a. Councilmember Maida introduced the following resolution and moved its adoption: 83 -9- 157 RESOLVED, by the City Council of Maplewood, Minnesota that Ramsey County be requested to investigate the speed limit on Highwood Avenue and if inappropriate lower the speed limit. Seconded by Councilmember Bastian. Ayes - all. 10. Volunteerism a. Councilmember Maida stated the next meeting for the Volunteerism meeting will be September 22, 1983 and reported on the agenda. 11. Sewer Billing a. Councilmember Bastian requested the figures regarding the Sewer billing (percentage of late charges, etc.). 12. Highwood - McKnight a. Mayor Greavu introduced the following resolution and moved its adoption: 83 - 9 - 158 RESOLVED by the City Council of Maplewood, Minnesota, that Ramsey County is requested to investigate the installation of an all -way stop condition at the intersection of Highwood Avenue and McKnight Road. Seconded by Councilmember Bastian. Ayes - all. 13. McKnight and Burns - Cleaning a. No action taken. L. ADMINISTRATIVE PRESENTATIONS 1. Assistant City Engineer a. Manager Evans requested Council to remove the hiring freeze and authorize the hiring of a replacement for the position of Assistant City Engineer. b. Council stated this item will be discussed with the 1984 Budget. 2. Holiday a. Manager Evans stated the Council meeting will be held October 10, 1983. It is not a holiday. October 10, 1983 has been exchanged for the day after Thanksgiving. M. ADJOURNMENT 11:20 P.M. - / city Ulerk - 24 - 9/12