Loading...
HomeMy WebLinkAbout03.20.80 MINUTES OF MAPLEWOOD CITY COUNCIL 7:30 P.M., Thursday, March 20, 1980 Council Chambers, Municipal Building Meeting No. 80-8 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 7:30 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, 24ayor Present Norman G. Anderson, Councilman Present Gary W. Bastian, Councilman Present Frances L. Juker, Councilperson Present Earl L. Nelson, Councilman Present C. APPROVAL OF MINUTES 1. Minutes No. 80-5 (February 28, 1980) Councilman Anderson moved that the Minutes of Meeting No. 80-5 (February 28, 1980) be approved as submitted. Seconded by Councilman Nelson. Ayes - all. 2. Minutes No. 80-6 (March 6, 1980) Mayor Greavu moved that the Minutes of Meeting No. 80-6 (March 6, 1980) be approved as submitted. Seconded by Councilman Anderson. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Open Meetings 2. Ordinance or Policy - Sewer Only - Health Emergency 3. County Road B - Sandhurst and Germain 4. McKnight Road 5. Letter - Archdiocese- 120 and Larpenteur 6. Out of State Travel 7. Request for State Audit 8. Joint Fire Chiefs Request - Insurance Seconded by Councilman Anderson. Ayes - all. E. CONSENT AGENDA - 1 - 3/20 Councilman Anderson moved to remove Item 1 from the consent agenda to become Item J-5. Seconded by Councilman Nelson, Ayes - all. Councilman Anderson moved, seconded by Councilman Nelson, Ayes - all, to approve the Consent Agenda Items 2 through 5 as recommended. 2. Budget Transfers for 1980 Contracts with Local 2725 Approved the transfer of $86,095 from the contingency account to finance the 1980 contracts with the AFSCME Clerical-Technical and Maintenance personnel. 3. Resolution: Abatement of Taxes for City Property Resolution No. 80-3-65 A RESOLUTION requesting cancellation and removal from taxation records in the office of the Director of Property Taxation, Ramsey County, Minnesota, the assess- ments levied and identified by Ramsey County Code, Years Levied, and amount of tax to be cancelled as follows: Ramsey County Code Year Levied (Assessment Year) Assessment To Be Cancelled (Water 70-16-1}'1184) 57 01110 010 39 1972 $ 895..84.... Do 1973 883.38 Do 1974 856.02 Do 1975 828.66 Do 1976 801.30 Do 1977 773.94 TOTAL $5,039.14 WHEREAS, in September, 1970, the Village of North St. Paul started condemnation proceedings against "Unplatted Lands",.being Subject to White Bear Avenue, and German Street, part 5 165 feet of NW 1/4 of SE 1/4 of NW 1/4 E of centerline of White Bear Avenue, in Section 11, Township 29, Range 22". This property was to be used for 11th Avenue from McKnight Road to White Bear Avenue, and would run through part of North St. Paul and part of Maplewood. On July 13, 1971, the Court appointed Commissioners who made their award against the above stated property. City took possession at that time. Affected owners through their attorney acknowledged settlement of the Condem- nationo Notice of Lis Pendens was filed, but a Final Certificate in Condemnation was not filed until July, 1979. NOTE: The above information was recited in appli- cation to abate & cancel real estate taxes for years of 1972 through 1978, by Seldon H. Caswell, City Attorney for North St. Paul, Minnesota, dated July 9, 1979, Property Identification 1157 01110 010 39, as property is and has been used for a City Street. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Maplewood, Minnesota, that the assessments Identified by the above numbered Code 57-01110 010 39, years of 1972 through 1977, inclusive in the total amount of $5,039.14, be cancelled and removed from taxation records of the Director of Taxation, Ramsey County, Minnesota. 4. Resolution: Property Divisions ao Division No. 55560 - 2 - 3/20. Resolution No. 80-3-66 WHEREAS, pursuant to Resolution 63-8-149, 77-9-188 and 77-9-187 of the City Council of Maplewood, adopted August 22, 1963, September 15, 1977 and. September 15, 1977, the special assessments for the construction of Sanitary Sewer 6-l, Sanitary Sewer and Water Improvement 73-13, Storm Sewer Curb and Gutter, Street Improvement 73-13, were levied against the .attached list of described properties; said list made a part herein; and WHEREAS, the above mentioned properties have been conveyed and are described according to the attached list, said list made a part herein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Sanitary Sewer 6-1, Sanitary Sewer and Water Improvement 73-13, . Storm Sewer, Curb and Gutter, Street Improvement 73-13, against the heretofore mentioned properties be correctly certified to the Auditor of Ramsey County in the amounts stated on the attached list; said list made a part herein. b. Division No. 55538 Resolution No. 80-3-67 WHEREAS, pursuant to Resolution 76-8-155 of the City Council of Maplewood, adopted August 19, 1976, the special assessments for the construction of Diseased Trees No. 75-6 were levied against the attached list of described properties; said list made a part herein; and WHEREAS, the above mentioned properties have been conveyed and are described according to the attached list, said list made a part herein; ° NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Diseased Trees No. 75-6 against the heretofore mentioned proper- . ties be correctly certified to the Auditor of Ramsey County in the amounts stated on the attached list; said list made a part herein. c. Division No. 55561 Resolution No. 80-3-68 WHEREAS, pursuant to Resolution 75-7-143, 76-8-155 and 77-7-124 of the City Council of Maplewood, adopted July 31, 1975, August 19, 1976 and July 26, 1977, the special assessments for the construction of Water Improvement 69-21, Diseased Trees No. 75-6 and Tree Removal No. 76-6 were levied against the attached list of described proper- : ties; said list made a part herein; and WHEREAS, the above mentioned properties have been conveyed and are described according to the attached list, said list made a part herein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Water Improvement 69-21, Diseased Trees No. 75-6 and Tree Removal No. 76-6 against the heretofore mentioned properties be correctly certified to the Auditor of Ramsey County in the amounts stated on the attached list; said list made a part herein. - 3 - 3/20 d. Division No. 54675 Resolution No. 80-3-69 WHEREAS, pursuant to Resolution 78-8-174 of the City Council of Maplewood, adopted August 22, 1978, the special assessments for the construction of Water Improvement 75-16 were levied against the attached list. of described properties; said list made a part herein; and WHEREAS, the above mentioned properties have been conveyed and are described according to-the attached list, said list made a part herein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Water Improvement 75-16 against the heretofore mentioned proper- ties be correctly certified to the Auditor of Ramsey County in the amounts stated on the attached list; said list made a part herein.. e. Division No. 55244 Resolution No. 80-3-70 WHEREAS, pursuant to Resolution 68-9-178, 74-8-180 and 78-8-174 of the City Council of Maplewood, adopted September 23, 1968, August 19, 1974 and August 22, 1978, the special assessments for the construction of Sanitary Sewer No. 7, Water Improvement 73-1 and Water Improvement 75-16 were levied against the attached list of described properties; said list made a part herein; and WHEREAS, the above mentioned properties have been conveyed and are described according to the attached list, said list made a part herein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Sanitary Sewer No. 7, Water Improvement 73-1 and Water Improve- ment 75-16 against the heretofore mentioned properties be correctly certified to the Auditor of Ramsey County in the amounts stated on the attached list; said list made - a part herein. 5. Time Extension - Linwood Heights Approved a 90 day time extension for the Linwood Heights preliminary plat. F. PUBLIC HEARINGS 1. Special Use Permit - 1199 Ripley Avenue - 7:30 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding a request from Mr. Kenneth Schroeder, 1199 Ripley Avenue, to reconstruct a single family dwelling on a substandard sized lot. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report with the following recommendations: - 4 - 3/20 _ I. Approval of the requested Special Use Permit to replace one nonconforming use with another, based upon the following findings: 1. The proposed dwelling is consistent with the Land Use Plan and Zoning District designations for the area. 2. Demolition of the existing and substandard structure is consistent with proposed City Housing Policy. 3. The proposed structure, in meeting all setback requirements, would be more restrictive than the existing structure. 4. The new structure would be using presently available City services at no additional cost to the City, while generating higher property taxes than the existing structure. 5. The new structure would visually enhance the existing neighborhood. 6. Neighborhood density would not be affected. 7. The percentage of lot coverage would be similar to that of other homes in the neighborhood on similar size lots. Approval of the Special Use Permit is contingent upon the applicant maintain- ing four feet between the driveway and west property line for snow storage, II, Staff recommends that the City Council initiate the vacation of the un- developed alley right-of-way to the north of the subject property, based upon the following findings: 1. The alley right-of-way does not serve a public purpose. 2. Vacation would increase the area of the applicant's substandard lot. Vacation of the alley right-of-way is subject to the retention of a utility easement, centered on the existing alley right-of-way. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Fischer moved that the Planning Commission recommend that the City Council approve the requested special use permit to replace one nonconforming use with another, based upon the following findings: 1. The proposed dwelling is consistent with the Land Use Plan and Zoning District designations for the area. 2. Demolition of the existing and substandard structure is consistent with proposed City Housing Policy. 3o The proposed structure, in meeting all setback requirements, would be more restrictive than the existing structure. 4. The new structure would be using presently available City services at no additional cost to the City while generating higher property taxes than the existing structure. - 5 - 3/20 5. The new structure would visually enhance the existing neighborhood, 6. Neighborhood density would not be affected. 7. The percentage of lot coverage would be similar to that of other homes in the neighborhood on similar size lots. Approval of the Special Use Permit is contingent upon the applicant maintaining four feet between the driveway and west property line for snow storage. Commissioner Kishel seconded. Ayes all." d. Mr. Ken Schroeder, 1199 Ripley Avenue, the applicant, spoke on behalf of the proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Councilman Nelson introduced the following resolution and moved its adoption: 80-3-71 WHEREAS, a petition was filed with the City of Maplewood as provided under Section 915.010 of the Municipal Code of the City of Maplewood, said petition having been signed by more than 50% of the owners of property within 200 feet of the property described as follows: ° Lot 16, Block 2, W.H. Fishers Addition to Gladstone 1199 Ripley Avenue which has been proposed for Special Use Permit. WHEREAS, a public hearing was held. on March 20, 1980, at 7:30 P,M. in the City Hall, notice thereof having been duly published in the official City news- paper, and notices of said hearing having been mailed to all property owners of - record within 200 feet of the area proposed for special use permit to reconstruct a single family dwelling on a substandard sized lot; and WHEREAS, the City Planning Commission has made its recommendations; and WHEREAS, it appears for the best interest of the public that said petition be granted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEW00D, MINNESOTA, that the petition for the above described Special Use Permit to reconstruct a single family dwelling on a substandard sized lot be granted, subject to all conditions contained in the staff and Planning Commission reports. Seconded by Councilman Anderson. Ayes - all. i. Councilman Nelson moved to initiate a public hearing regarding vacation of the east-west alley in Block 2, W.H. Fishers Addition to Gladstone, Seconded by Councilman Anderson. Ayes - all. - 6 - 3/20 2. Special Use Permit - Mobile Trailer - 3M - 7:45 P,M. a, Manager Evans stated 3M had requested this item be withdrawn from the agenda. b. Mayor Greavu moved to withdraw Item F-2 from the agenda, Seconded by Councilman Nelson. Ayes - all. G. AWARD OF BIDS 1. Police Computer - Software a. Manager Evans presented the staff report. b, Councilman Bastian introduced the following resolution and moved its adoption: 80-3-72 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOll, MINNESOTA, that the bid of Minnesota Crime Prevention Center in the amount of $8,000.00 annually for a period of three years is the lowest responsible bid for the purchase of an Automated Police Decision Support Software Package and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilman Anderson, Ayes - all. H. UNFINISHED BUSINESS . ` 1, Quad Design Ordinance - Second Reading a. Manager Evans presented the staff report, b. Mayor Greavu moved to deny the approval of the Quad Design Ordinance in an effort to hold down building costs within the City of Maplewood. Seconded by Councilman Anderson. Ayes - all. 2. Traffic Control Ordinance - Second Reading a. Manager Evans presented the staff report. b. Councilman Bastian introduced the following ordinance and moved its adoption: ORDINANCE N0. 484 AN ORDINANCE AMENDING CHAPTER 1209 OF THE MAPLEWOOD MUNICIPAL CODE The Council of the City of Maplewood Does Hereby Ordain as Follows: Section 1. The Maplewood Code is hereby amended by adding a new section as follows: - 7 - 3/20 1209.020. Interference with Traffic Control D2.vices. No person shall without lawful authorization of the Director of Public Safety or his designer attempt to or in fact control, alter, deface, injure, knock down, remove or interfere with the operation of any official traffic control device, including opticom devices or any railroad sign or signal or any inscription, shield or insignia thereon, or any part thereofo Section 2. This ordinance shall take effect from and after its passage and publication. Seconded by Councilperson Juker. Ayes - all. F. PUBLIC HEARINGS (continued) 4. Commercial Revenue Note: Mini Self-Storage - 8:15 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the issuance of industrial development revenue bonds to finance a project that will consist of acquisition of three acres of land and the construction of a concrete block building containing 60,000 square feet for approximately 500 self storage bays to be located at 1195 E. Highway 36. The Clerk stated the hearing notice was found to be in order and noted the dates of publication. b. Manager Evans presented the staff report. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Fischer moved that the Planning Commission recommend that the City Council approve the application on the basis that the project meets all of the criteria outlined by the Council. Commissioner Kishel seconded. Ayes - 6. Commissioner Howard abstained." d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu introduced the following resolution and moved its adoption: 80-3-73 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 SAID PROJECT TO THE COMMISSIONER OF SECURITIES OF THE STATE OF MINNESOTA AND AUTHORIZING THE PREPARATION OF NECESSARY .DOCUMENTS AND MATERIALS IN CONNECTION WITH SAID PROJECT -8- 3/20. 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 econom- ically 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; (c) The City Council of the City of Maplewood ("the City") has received from FED Investments, a general partnership organized under the laws of the State of Minnesota (the "Company") a proposal that the City assist in financing a Project hereinafter described, through .the issuance of a Revenue Bond or Bonds or a Rev- enue 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 community, retain and improve its tax base and help it provide the range of services and employment opportunities required by its population; and said 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 City; - (e) Company is currently engaged in the business of owning and operating self-storage facilities. The Project to be financed by the Revenue Bonds is a self-storage facility to be located in the City and consists of the acquisition of land and the construction of buildings and improvements thereon and the install- ation of equipment therein, and will result in the employment of 8 to 10 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 borrowing cost, the Project is economically more feasible; (g) Pursuant to a resolution of the City Council adopted on February 25, 1980, a public hearing on the Project was held on March 20, 1980, 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 at said hearing 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. tdOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: - 9 - 3/20 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 facilities within the City pursuant to Company's specifications suitable for the operations described above and gives preliminary approval to a revenue agreement between the City and Company upon such terms. and conditions with provisions for revision from time to time as necessary, so as to produce income and revenues sufficient to pay, when due, the principal of and interest on the Revenue Bonds in the total principal amount of approximately $1,000,000 to be issued pursuant to the Act to finance the acquisition, construction and equipping of the Project; 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 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 its tax base and provide the range of services and empolyment opportunities required by its population, to help prevent the movement of talented and educated persons out of the State and to areas within the State where their services may not be as effectively used, to promote more intensive development and use of land within the City and to eventually increase the City's tax base; 3. The Project is hereby given preliminary approval by the City subject to the e approval of the Project by the Commissioner of Securities, 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 and the City is hereby authorized and directed to submit .the proposal for the Project to the Commissioner of Securities, requesting the Commissioner's approval, and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with such preliminary information as the Commissioner 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 and Moody, 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 provisions of the necessary documents and to submit such documents to the Council for final approval; 7o Nothing in this resolution or in the documents prepared pursuant hereto shall - 10 - 3/20 authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the City for this purpose, The Revenue Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except the revenue and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. The holder of the Revenue Bonds shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal on the Revenue Bonds or the interest thereon, or to enforce payment thereof against any property of the City. The Revenue Bonds shall recite in substance that the Revenue Bonds, including interest thereon, are payable solely from the revenue and proceeds pledged to the payment thereof. The Revenue Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; 8. In anticipation of .the approval by the Commissioner of Securities and 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; 9. The actions of the City Clerk in causing public notice of the public hearing and in describing the general nature of the Project and estimating the principal amount of bonds to be issued to finance the Project and in preparing a draft of the proposed application to the Commissioner of Securities, State of Minnesota, for approval of the Project, which has been available for inspection by the public at the City Hall from and after the publication of notice of the hearing, are in all respects ratified and confirmed, Adopted by the City Council of the City of Maplewood, Minnesota this 20th day of March, 1980. _ Seconded by Councilman Anderson. Ayes - Mayor Greavu, Councilmen Anderson, Bastian and Nelson. Councilperson Juker abstained. 3. PUD/Preliminary Plat, Street Vacation: Beaver Lake Hills 8:00 P,M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Arlington Properties for a Planned Unit Development Preliminary Plat approval for Beaver Lake Hills; vacation of East Geranium Avenue from the centerline of Lakewood Drive easterly approximately 1320 feet. The Clerk stated the public hearing notices were found to be in order and noted the dates of publication. b. Manager Evans presented the staff report. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Prew moved that the Planning Commission recommend to the City Council that the Planned Unit Development should be approved providing that the following is incorporated into the proposal: to Meyer Street is extended to the intersection of Maryland Avenue and the Beaver Lake Mobile Home Park driven 2. Geranium Avenue is deleted and the adjacent units moved to front on Meyer Street. - 11 - 3/20 3. Extend Mary Court to the south property line, with a temporary cul-de-sac. 4. Elimination of private drives on Lakewood Drive. The other items were not addressed by the Planning Commission as it was felt they were not of a planning nature. Commissioner Kishel seconded. Commissioner Fischer moved to amend the motion to include the following condition: Show a 12 foot trail easement from Mary Court to the intersection of Magnolia Avenue and Meyer Street. The applicant should meet with the Director of Community Services to determine the exact location. Commissioner Kishel seconded. Ayes - 6 Nays - 1 (Commissioner Prew) Voting on the motion as amended: Ayes - all." d. Mr. Dale Hamilton, Suburban Engineering, representing Arlington Properties, spoke on behalf of the proposal. e. Mr. Richard Schreier, Arlington Properties, spoke regarding his proposal. f. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following stated their opinions: Mr. Ernest Dreawves, Lakewood Drive; Mr. Harry Zacho g. Mayor Greavu closed the public hearing. h. Councilman Nelson moved to approve the preliminary plat for Beaver Lake Hills subject to the following conditions: 1. Approval of the Planned Unit Development. 2. Footings for quad units shall be pinned by a registered surveyor before the foundation is laid to assure that party walls will be constructed exactly on common lot lines. 3. Deed restrictions shall be filed against each lot, requiring that those lots shall only be used for the use approved under the Planned Unit Development. This will assure that lots without street frontage will not be sold for other uses. 4. Submission of bike trail easements, to be approved by the Director of Community Services. 5. Submission of easements for the temporary cul-de-sac, to be approved by the Director of Public Works. 6. Implementation of the recommendations of the Soil Conservation Service in their report of January 7, 1980. 7. Staff shall request a formal survey of the site by the Historical Society on April to - 12 - 3/20 8. The final plat shall not be approved until: a. A signed developers agreement is submitted to the Director of Public Works. The developer's agreement slxall include the construction of an eight foot asphalt trail from the west side of Sterling Street right-of-way, from Maryland Avenue to Mary Court and on the proposed trail easements. The design and location to be approved by the Director of Community Services. b. Approval of the final grading and drainage plans by the Director of Public Works, giving special consideration to the recommendations of the Soil Conservation Service. The plan must show four acre-feet of storage capacity in the northwest pond, subject to County taking right-of-way. c. Payment of deferred assessments for sanitary sewer. d. Council orders the construction of the 12 acre-foot holding pond on the property to the southwest, as showxx on the "Maplewood Drainage Plan." Seconded by Councilman Anderson. Ayes - all. i. Councilman Nelson introduced the following resolution and rnoved its adoptions SO-3- 74 WHEREAS, pursuant to provisions of Minnesota Statutes, Section 412.851, thereof, the Maplewood City Council, upon Petition of a majority of the owners of the land abutting the street proposed to be vacated, and after a public hearing preceeded by two (2) weeks published and posted notice, proposes the vacation of the following described street located on Geranium Avenue to wit: Geranium Avenue from the centerline of Lakewood Drive easterly approximately 1320 feet. Property affected: Lots 5 thru 8, Block 1 and Lots 5 thru 8, Block 2, Beaver Lake Addition WiIEREAS, the Maplewood City Council finds that the vacation of the above described street is in the interest of the public due to changing land uses and obsolete platting. NOW, THEREFORE, BE IT RESOLVED, by the City Council, Ramsey County, Minnesota, that the above described street be and hereby are, vacated and tlxe City Clerk is hereby directed to prepare a notice of completion of the proceedings pursuant to the provisions of Minnesota Statutes, Section 412.551 thereof, and shall cause the same to be presented to the County Auditor for entry upon lxis transfer records and the same shall be thereafter filed with the Ramsey County Recorder. Seconded by Councilman Anderson. Ayes - all. - 13 - 3/20 j. Mayor Greavu introduced the following resolution and moved its adoption: 80-3-75 WHEREAS, a petition was filed with the City of Maplewood as provided under Section 915.010 of the Municipal Code of the City of Maplewood, said petition having been signed by more than 50% of the owners of property within 200 feet of the property described as follows: Lots 5, 6, 7 and 8, Block 1, and the North 224 feet of Lot 5 and 6, all of Lot 7 and 8, Block 2 all in Beaver Lake Addition in the NE 1/4 of the NW 1/4 of Section 25, Township 29, Range 22 which has been proposed for Special Use Permit. WHEREAS, a public hearing was held on March 20, 1980, at 8:00 P.M. in the City Hall, notice thereof having been duly published in the official City news- paper, and notice of said hearing having been mailed to all property owners of record within 200 feet of the area proposed for Planned Unit Development to consist of 184 quad units (46 buildings); and WHEREAS, the City Planning Commission has made its recommendations; and WHEREAS, it appears for the best interest of the public that said petition be granted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the petition for the above described Special Use Permit for Planned Unit Development to consist of 184 quad units (46 buildings) be granted, subject to all the following conditions: 1. Extend Mary Court to the south property line, with a temporary cul-de-sac. 2. Dedicate an additional 16z feet of right-of-way on the east side of Lakewood Drive for the McKnight Road Improvement Project. 3. Provide a 12 foot trail easement the shortest way from Mary Court to the intersection of Magnolia Avenue and Meyer Street. The applicant should meet with staff to negotiate the foot trail easement. 4. Designate Outlot A as a ponding easement. 5. Submission of an Environmental Assessment Worksheet. 6. Loop the internal watermain on Meyer Street and dedicate appropriate easements. 7. Provide utility and drainage easements as required by Director of Public Works. 8. Private drives shall not be allowed on Lakewood Drive. 9. A building permit must be taken out for the first unit, within 2 years of PUD approval. Council may renew the PUD if no substantial changes have occurred that would have a negative impact on the project, the City or the surrounding areao - 14 - 3/20 Seconded by Councilperson Juker. Ayes - all. Mayor Greavu turned the meeting over to Acting Mayor Nelson. 5. Liquor License: Maplewood Bowl - 8:30 P.M, a. Acting Mayor Nelson convened the meeting for a public hearing regarding the application of Mr. Douglas Thorp for an On-Sale Intoxicating .Liquor License at the Maplewood Bowl, 1955 English Street. b. Manager Evans presented the staff report and expressed the following concerns: One is that adequate restaurant facilities will be maintained to comply with the Sunday Liquor opening provisions. We have expressed these concerns to the applicant, pointing out that the restaurant menu should be complete and the liquor serving a convenience associated with the food, and not the other way around, A second concern has been that the success of their operations at the other locations has caused over-capacity situations inside the structures and related parking problems outside the building. At the present level of operation, park- ing'is often very tight at the Maplewood Bowl. The proposed addition of game room facilities and several bars could severely compound this already capacity parking situation. The applicants should be required to provide adequate on- premise parking. The third area of concern is that the enlarged game room area will bring more young people into the center. This will increase the problem of ascertaining that young underage people are not consuming alcoholic beverages on the premises. This problem has been discussed with the applicants, and they assure us that they, by adequate security forces, have policed this at the other locations. A final concern is that adequate exterior security be provided. The present operation has generated many reports of thefts from vehicles, vandalism to customers' cars, loitering in the lot, particularly by young people, and drink- . ing in vehicles. The applicant has been made aware of this situation and indi- cated that they feel that they can correct this situation. Mayor Greavu returned to chair the meeting. c. Mr. Douglas Thorp, 9531-16th Avenue South, Bloomington, the applicant, stated he would make a commitment to make sure the City's concerns were handled and the situation corrected. 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. Councilman Nelson introduced the following resolution and moved its adoption: 80-3-76 NOTICE IS HEREBY GIVEN, that pursuant to action by the City Council of the City of Maplewood, on March 20, 1980, an On Sale Intoxicating Liquor License was approved for Douglas Michael Thorp, dba Maplewood Bowl Entertainment Center, - 15 - 3/20 1955 English Street. The Council proceeded in this matter as outlined under the provisions of the City Ordinances. Seconded by Councilman Anderson. Ayes - all. I. VISITOR PRESENTATIONS 1. Mr. A11an Christensen, Lakeview Lutheran Church a. Mr. Christensen requested Council defer the proposed assessment that would affect Lakeview Lutheran Churcho The Church has been asked to provide an easement and they do not want to enter into an agreement without knowing about the assess- ments. b. Council stated they could not answer any deferment requests until such time as the public hearing to adopt such assessments. J. NEW BUSINESS 1. Ordinance: Fire Protection Charge to Hydrant Charge a. Manager Evans stated since the establishment of the fire protection charge beginning in 1977, there has been confusion and misunderstandings as to the purpose of this charge. Volunteer members of the City fire departments have been particularly unhappy because many residents believe the fire protection charge is used to pay City firefighters. Actually the fire protection charge is used to supplement water availability charges and water surcharges for financing the City's water system as outlined in the attached. In order to lessen the confusion and misunderstandings regarding this, first reading is recommended of the attached ordinance which will change the title from fire protection charge to hydrant charge. b. Councilperson Juker moved first reading of an ordinance amending Chapter 1506 to change the wording from Eire Protection Charge to Hydrant Charge. Seconded by Councilman Anderson. Ayes - all. 3. Planning Commission Appointments a. Manager Evans stated there are two vacancies on the Planning Commission, caused by the resignation of Chuck Kent and Bev Kroiss. The Commission, at their March 3 meeting, recommended the .following candidates in order of preference: For Chuck Kent's position: .Dwight Fernandez Ralph Sletten Don Christianson, Jr. For Bev Kroiss' position Philip Krinkie David Whitcomb Don Christianson, Jr. - 16 - 3/20 Resumes for the above candidates are enclosed. Both of these appointments would be for three year terms, beginning January,. 1, 1980. b. The Council interviewed David. Whitcomb, Don Christianson, Jr. and Ralph Sletten. c. Councilman Anderson moved to appoint David Whitcomb to a three year term effective January 1, 19800 Seconded by Mayor Greavu. Ayes - all. c. Councilperson Juker moved to table the appointment to fill Chuck Kent's - position as all the recommended applicants could not be present. Seconded by Councilman Anderson. Ayes - all. 4. Community Design Review Board - Appointment a. Manager Evans stated at the March 11, 1980 meeting of the Community Design Review Board, the Board recommended that Council appoint the following persons to fill the Board's two vacant seats: Cheryl A. Penning and Peggy A. Schwiezer. b. Councilman Bastian moved to table the appointments to the Community Design Review Board until the Council could meet the applicants. Seconded by Mayor Greavu. Ayes - all. 2. Resolution: Feasibility Study - Hillwood Drive and Dorland Road. a. Manager Evans stated the revised feasibility study for the above project is presented here for your information. It is recommended that the report be accepted and a public hearing be scheduled for April 17, 1980. b. Councilman Anderson introduced the following resolution and moved its adoption: 80-3-77 WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare preliminary plans for the improvement of the area from McKnight Road to approximately 2000 feet east between Mailand Road and Linwood Avenue to approximately 600 feet south between McKnight Road and approximately 1300 feet east by construction of watermains, street construction, storm sewers, sanitary sewers, and appurtenances. WHEREAS, the said City Engineer has prepared the aforesaid preliminary plans for the improvement herein described: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The report of the City Engineer advising this Council that the proposed improvement of the area from McKnight Road to approximately 2000 feet east between Mailand Road and Linwood Avenue to approximately 600 feet south be- tween McKnight Road and approximately 1300 feet east by construction of sanitary sewer, watermain, storm sewer, streets and appurtenances (Public - 17 - 3/20 Improvement Project 78-10) is feasible and should best be made as proposed is hereby received. 2. The Council will consider the aforesaid improvement in accordance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement according to M.S.A. Chapter 429, at an estimated total cost of the improvement of $1,194,2600 3. A public hearing will be held in the Council Chambers of the City Hall at 1380 Frost Avenue on Thursday, the 17th day of April, 1980, at 7:30 P.M. to consider said improvement. The notice for said public hearing shall be in substantially the following form: NOTICE OF HEARING _ OF PUBLIC IMPROVEMENT TO WHOM IT MAY CONCERN: WHEREAS, the City Council of the City of Maplewood, Ramsey County, Minnesota, deems it necessary and expedient that the improvement hereinafter described, be made; NOW, THEREFORE, notice is hereby given that the City Council will hold a public hearing on said improvement at the following time and place within the said City: Date and Time: April 17, 1980 at 7:30 P.M. Location: Council Chambers of the City Hall, 1380 Frost Avenue The general nature of the improvement is the construction of sanitary sewer, watermain, storm sewer, streets and appurtenances (Public Improvement Project 78-10) in the following described area: from McKnight Road to approximately 2000 feet east between Mailand Road and Linwood Avenue to approximately 600 feet south between McKnight Road and approximately 1300 feet east. The total estimated cost of said improvement is $1,194.2600 It is proposed to assess every lot, piece or parcel of land benefited by said improvement whether abutting thereon or not, based upon benefits received without regard to cash valuation. Persons desiring to be heard with reference to the proposed improvement should be present at this hearing. This Council proposes to proceed under the authority granted by Chapter 429 M.S.A. Dated this 20th day of March, 1980. BY ORDER OF THE CITY COUNCIL /s/ Lucille E. Aurelius City Clerk City of Maplewood, Minnesota Seconded by Councilperson Jukero Ayes - all. - 18 - 3/20 Mayor Greavu moved to waive the Rules of Procedures and extend the meeting past the deadline.. Seconded by Councilman Anderson. Ayes - all. 5. Accounts Payable a. Councilman Anderson moved that the accounts (Part I - Fees Services and expenses - Check No. 004070 through Check No. 004115 - $116,195.44; Check No. 004990 through Check No. 005176 - $423,458.40: Part II - Payroll - Check No. 23670 through Check No. 23799 - $50,519.75) in the amount of $590,173.59 be paid.,as submitted. Seconded by Councilperson Juker. Ayes - all. K. COUNCIL PRESENTATIONS 1. Open Pfeeting a. Councilperson Juker asked questions regarding the Open Meeting Law. 2. Ordinance or Policy - Sewer - Health Emergency a. Councilman Nelson questioned if there was an ordinance or policy where sewer mains could be constructed if it were a health emergency. b. Staff will investigate. 3. County Road B - Germain and Sandhurst a. Councilman Anderson stated there was a severe water drainage problem in the area of County Road B - Germain - Sandhurst area. b. Councilman Anderson introduced the following resolution and moved its adoption: - 80-3-78 RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,. that Ramsey County is hereby requested to install a culvert under County Road "B" in the vicinity of the intersection of Kennard Street to relieve flooding problems to resident located on north side of County Road "B". Seconded by Councilman Bastian. Ayes - allo 4. McKnight Road a. Mayor Greavu stated the alignment plans-for McKnight Road have been approved without a bridge over the railroad tracks on McKnight North of Maryland. b. Mayor Greavu introduced the following resolution and moved its adoption: 80-3- 79 WHEREAS, it is deemed advisable to provide for a railroad overpass at the - 19 - 3/20 crossing of the C & NW Railline on McKnight Road, north of Maryland Avenue; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that Ramsey County is requested to provide for an overpass of the railline in the plans to upgrade McKnight Road. Seconded by Councilman Anderson. Ayes - all. S. Letter - Archdiocese - Highway 120 and Larpenteur Avenue a. Mayor Greavu inquired if Staff had received a letter from the St. Paul Archdiocese regarding their intentions for their property at Highway 120 and Larpenteur Avenue. b. Staff will contact the St. Paul Archdiocese. Councilperson Juker moved to waive the Rules of Procedures and extend meeting past the midnight deadline. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilperson Juker, Councilmen Anderson and Nelson. Nays - Councilman Bastian 7. Request for State Audit a. Mayor Greavu moved that the Council request a State Audit. Motion died for lack of a second. b. Staff stated Maplewood is now being audited by a state approved audit firm. c. Mr. Frank McGinley, 2044 Prosperity Road, explained how he was taken to conciliation court because he did not pay a $7.00 paramedic bill. He feels a ' state audit should be done. - 6. Out of State Travel ao Mayor Greavu moved that Council cancel out of State travel by staff. Motion died for lack of a second. Item K-8 - Joint Fire Chief's Request - Insurance, will be placed on April 3, 1980 Agenda as meeting was abruptly adjourned before item could be discussedo M. ADJOURNMENT 12:10 A.M. City Clerk - 20 - 3/20