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HomeMy WebLinkAbout10.08.84Minutes of Maplewood City Council 7:00 P.M., Monday, October 8, 1984 East County Line Fire Department No. 2 Meeting No. 84 -22 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota was held at the East County Line Fire Department No. 2, 2501 Londin Lane, and was called to order at 7:00 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present MaryLee Maida, Councilmember Present Michael T. Wasiluk, Councilmember Present C. APPROVAL OF MINUTES Councilmember Anderson moved to approve the Minutes of Meeting No. 84 -21 (September 24, 1984) as submitted. Seconded by Councilmember Bastian. Ayes - all. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Highwood 2. Storm Shelter 3. November 12,, 1984 Meeting 4. Budget Transfer - Voting Machines Seconded by Councilmember Bastian. Ayes - all. E. CONSENT AGENDA Councilmember Anderson moved, seconded by Councilmember Wasiluk, Ayes - all, to approve the Consent Agenda, Items 1 through 7 as recoihmended: 1. Accounts Payable Approved the accounts (Part I, Fees, Services, Expenses, Check register dated September '+ 26, 1984 through October 1, 1984 - $382,262.69: Part II, Payroll - Check dated September 21, 1984 — $63,396.72) in the amount of $445,659.41. 2. Delinquent Sewer Bills Resolution 84 -10 -140 RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the attached list of delinquent sewer rental charges and hydrant charges said list made a part herein, for certification against the tax levy of said property owners for the year 1984, collectible in 1985, and which listing includes interest at the rate of eight (8%) on the total amount for one year. Total amount to be certified: $56,937.04. 3. Delinquent Weed Cutting Resolution No. 84 -10 -141 RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the attached list of delinquent weed cutting charges said list made a part herein the certification against the tax levy of said property owners for the year 1984, collectible in 1985 and which listing includes interest at the rate of eight (8%) percent on the total amount for the year. 57 48960 060 04 $ 32.40 57 48960 020 05 70.20 57 63100 150 15 48.60 57 62800 050 01 39.96 57 29810 090 27 34.56 57 48950 010 06 60.48 57 48950 010 06 24.84 4. Budget Transfer Accepted the donation of $1,250.00 from the Maplewood Moose Lodge, North St. Paul VFW and Champion Paper Company of St. Paul for the purpose of purchasing hydrant marker flags. Approved the transfer of $1,250.00 from the hydrant charge contingency account into the hydrant charge maintenance materials account. 5. Change Order - Holloway Avenue Improvement Resolution No. 84 -10 -142 WHEREAS, the City Council of Maplewood, Minnesota has heretofore entered into a Joint Powers Agreement with Ramsey County and North St. Paul and has ordered made Improvement Project No, 81 -12 and, has let a construction contract therefor pursuant to Minnesota Statutes, Chapter 429; and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project No. 81 -12, Change Order No. 3. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the Mayor and City Clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 3. - 2 - 10/8 6. Appropriation for Fireworks Donations Donations that have been received for the July 4th Celebration at Wakefield Park. The money received has been earmarked strictly for Fireworks. City Council action is required to appropriate these funds to the above account. Metropolitan Inspection Service $45.85 North Maplewood Lions Club 100.00 Chicone's Bar & Cafe 30.00 Party Time Liquors 25.00 Circus 100.00 Maplewood Moose Lodge 200.00 St. Paul Ski Club 50.00 Maplewood Bowl, Inc. 35.40 Video King 35.00 St. Paul Suburban Bus 30.00 Hardee's Restaurant 26.50 Gladstone House 30.00 Warner's Hardware 60.00 Midas Muffler 23.75 — $T91.5b— 7. Maplewood Project 82 -9 Stipulation (Hedlund) Resolution No. 84 -10 -143 WHEREAS, the Parcel No. 22 is owned by Gordon Hedlund and is described as follows: Lot 21, Block 31, Gladstone Plat 2, Property ID Number 57 29810 210 31, Ramsey County, Minnesota. WHEREAS, that owner pursuant to the provisions of Minnesota Statutes, Sections 429.061 and 429.081 has taken timely appeal from that special assessment for local public improvement Project No. 82 -9 for storm drainage; WHEREAS, Respondent adopted a special assessment for local public improvement Project No. 82 -9 so far as the same pertains to said Parcel 22 in the amount of $437.00 . on August 11, 1983; NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. That as to Parcel 22, the assessment levied by the City Council, on August 11, 1983 for development of a storm drainage system is hereby dismissed. 2. That the effective date of the dismissal of the assessment shall be October 8, 1984. 3. That the owner, through the undersigned, their attorney hereby waive any and all right of further notice and appeal as provided forth in Minnesota Statutes Section 429 as amended. 4. That the above proposed dismissal of assessment is accepted by the City Council through the undersigned, its City Attorney and shall constitute the special assessment for local public improvement project against said Property Identification No. 57 29810 210 31. - 3 - 10/8 5. That the terms and provisions of Maplewood City Council Resolutions adopting the original assessment role insofar as they are not otherwise inconsistent herewith, are incorporated herein by reference. 6. The Maplewood City Clerk shall, upon appropriate City Council action, forthwith transmit a certified duplicate of the rescinded assessment as determined hereunder to the Ramsey County Auditor to be removed on the property and the owner shall not be liable for penalties and interest through and including the date hereof. 7. That the above entitled action having been hereby fully compromised and settled, is stipulated and agreed that the same may be, and hereby is dismissed on its merits with prejudice and the Clerk of said above named District Court, upon filing of the Stipulation, is hereby authorized and directed to dismiss any action of record. IN WITNESS WHEREOF, the parties hereto have set their hands and seals all as the day and year first above written. F. PUBLIC HEARINGS 1. 7:00 P.M. 1985 Budget a. Mayor Greavu convened the meeting for a public hearing regarding the adoption of the 1985 Budget. b. Manager Evans presented the staff report. c. Councilmember Anderson introduced the following resolution and moved its adoption: 84 - 10- - 144 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the budget for 1985 is hereby adopted as outlined in the following summary: Capital Debt Operating Improvements Service Budget Budget Budget Estimated Balances 1 -1 -85 $4,204,9 3T9 $555,9 6 Revenues 9,318,200 244,750 2,966,670 Net other increases(decreases) (1,235,550) 1,275,384 155,146 Expenditures 8,812,620 2,253,800 2,963,620 Estimated Balances 12 -31 -85 $3,475,016 $1,510,113 $5,614,162 BE IT FURTHER RESOLVED that the following appropriations are hereby approved ' for the 1985 Operating Budget: General Fund: $ 572,290 General Government 220,340 Finance 178,890 City Clerk 3,151,070 Public Safety 1,057,320 Public Works 789,980 Community Services 287,530 Community Development 62b/,4ZO General Fund Total - 4 - 10/8 Hydrant Charge Fund`. 94,530 Public Works Sewer Fund: 175,120 City Clerk 1,982,860 Public Works V.E.M. Fund: 302,690 Public Works $8,812,620 Total Operating Budget Appropriations BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the 1985 Capital Improvements Budget: Capital Improvement Projects Fund: $2,000,000 Construction of new City Hall Park Development Fund: 83,000 Various park improvement projects (as listed in the 1985 Budget document) Street Construction State Aid Fund: 120,000 Street overlay and sealcoating program 50,000 Traffic signal and opticom installations $2 -75TIM Total Capital Improvements Budget Appropriation BE IT FURTHER RESOLVED that the following appropriations principal, interest and fiscal charges are hereby approved for the 1985 Debt Service Budget: $ 220,580 Debt Service Funds 2,743,040 Special Assessment Fund - Debut Service Accounts Total Debt Service Budget Appropriations BE IT FURTHER RESOLVED that authorization is hereby given to transfer $230,000 of revenue sharing monies to the General Fund to partly finance the contracts between the City and its three fire departments: Gladstone, Parkside and East County Line. BE IT FURTHER RESOLVED that the transfer of appropriations among the various accounts within a department budget or within a non - departmental expense category shall only require the approval of the City Manager, except that any transfer of appropriations within a departmental budget so as to increase the salary approp- riation shall require the approval of the City Council. BE IT FURTHER RESOLVED that all appropriations which are not encumbered or expended at the end of the fiscal year shall lapse and shall become a part of the unencumbered fund balance which may be appropriated for the next fiscal year except appropriations for capital improvement projects which shall not lapse until the project is completed or cancelled by the City Council. Seconded by Councilmember Wasiluk. Ayes - all. - 5 - 10/8 d. Councilmember Anderson introduced the following resolution and moved its adoption: 84 - 10 - 145 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA that: 1. The following amounts of taxes be levied for 1985, payable in 1985, upon the taxable property in said City of Maplewood, for the following purposes: General Operations $3,834,800 Debt Service 731,500 Total Levy $4,bbb,300- 2. There is on hand in the following sinking funds excess amounts as indicated after each fund and such shall be used to pay on the appropriate obligations of the City: Description 1967 General Obligation Sanitary Sewer Bonds $ 3,400 1967 General Obligation Improvement Bonds 11,100 1968 Improvement Bonds 11,000 1969 General Obligation Improvement Bonds 6,100 1972 General Obligation Improvement Bonds - Series 1 8,400 1972 General Obligation Improvement Bonds - Series 2 2,500 1973 Improvement Bonds 107,200 1977 Public Works Building Bonds 20,700 1977 General Obligation Improvement Bonds - Series 2 121,300 1979 General Obligation Improvement Bonds 9,700 1980 Fire Station Bonds 3,700 $ 305,100 In accordance with Minnesota Statutes 475.61 and 273.13, Subd. 19 (3), (a), (b), (c) and Chapter 297a and Chapter 162 of Minnesota Statutes, the County Auditor of Ramsey County is hereby authorized and directed to reduce by the amounts above mentioned the tax that would be otherwise included in the rolls for the year 1984 and collectible in 1985. 3. It has been determined that the following bond issues have insufficient pro- jected assets to meet projected liabilities, as required by State Statute, and the original resolution levying ad- valoren taxes must be increased in the following amount: Increase la Description In Levy 1970 General Obligation Improvement Bonds $ 29,700 1977 General Obligation Improvement Bonds - Series 1 28,000 Total $ 57,700 4. Changes set forth in sections one (1) and two (2) above result in a net re- duction of $247,400 and are summarized and hereby adopted in the attached Schedule. Such amounts shown are the total amounts to be spread on the rolls in 1984 and collectible in 1985 for each of the bond issues shown, including the reductions and increases in levy amounts set forth in sections one (1) and two (2) above. - 6 - 10 /8 - 7 - 10/8 5. The City Clerk is hereby authorized and directed to furnish a copy of this resolution to the County Auditor of Ramsey County forthwith. BONDS & INTEREST LEVIES COLLECTIBLE 1985 Code Per Bond Amount Bond Issues Amount Date No. Register Levied Consolidated Improvement $ 975M 12/1/64 19 $ -0- $ -0- Municipal Building 175M 5/1/65 05 -0- -0- General Obligation Improvement 835M 12/1/65 19 17,000 17,000 General Obligation Improvement 750M 12/1/66 19 24,000 24,000 General Obligation Imp. San. Sewer 645M 7/1/67 16 12,000 8,600 General Obligation Improvement 450M 12/1/67 17 12,000 900 General Obligation Improvement 380M 12/1/68 18 11,000 -0- *General Obligation Improvement 1,980M 12/1/69 23 45,000 38,900 * *General Olbigation Improvement 605M 12/1/70 26 10,000 39,700 .'wneral Obligation Improvement 1,740M 8/1/71 23 65,000 65,000 State Aid Bonds 540M 8/1/71 06 -0- -0- General Obligation Improvement 1,090M 5/1/72 20 30,000 21,600 General Obligation Improvement 670M 12/1/72 21 30,000 27,500 General Obligation Improvement 2,175M 7/1/73 22 107,200 -0- **General Obligation Improvement 1,240M 11/1/74 26 40,000 40,000 * *General Obligation Improvement 1,360M 12/1/75 26 75,000 75,000 * *General Obligation Improvement 1,990M 5/1/76 26 - 132,000 132,000 General Obligation Improvement- Series 1 3,730M 4/1/77 24 27,400 55,400 Public Works Building Bonds 995M 4/1/77 07 86,300 65,600 General Obligation Improvement - Series 2 3,815M 10/1/77 25 126,000 4,700 oral Obligation Bonds - 1979 825M 8/1/79 27 52,000 42,300 Station Bonds 470M 8/1/80 08 77,000 73,300 $ 978,900 $ 731,500 - 7 - 10/8 *Tax Levies Pledged to Redeem G.O. Refunding Improvement Bonds 1974 * *Tax Leview Pledged to Redeem G.O. Refunding Improvement Bonds 1977 Seconded by Councilmember Wasiluk. Ayes - all. 2. 7:00 P.M. Variance - 1770 Edward (Galbraith) a. Mayor Greavu convened the meeting for a public hearing regarding the request of Albert and Marilyn Galbraith for a side yard setback variance of 18.5 feet to construct an addition to their house. b. Manager Evans presented the staff report. c. Commissioner Lorraine Fischer presented the following Planning Commission recommendation: "WHEREAS, Albert and Marilyn Galbraith applied for a variance for the following - described property: Lots 10 and 11 and the south 6 feet of lot 9 in block 8, Lakeside Park This property is also known as 1770 Edward Street, Maplewood; WHEREAS, Section 36 -71 (1) of the Maplewood Code of Ordinances requires a 30 foot side yard setback on the street side of a corner lot; WHEREAS, the applicant is proposing an 11.5 foot setback, requiring a variance of 18.5 feet; WHEREAS, the procedural history of this variance is as follows: 1. This variance was applied for on September 7, 1984. 2. This variance was reviewed by the Maplewood Planning Commission on October 1, 1984. The Planning Commission recommended to the City Council that said variance be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD PLANNING COMMISSION that the above described variance be approved on the basis of the following findings of fact: 1. There is an undue hardship on this lot because it is substandard in width (70 feet). Code requires 100 feet of width. The required side yard setback of 30 feet unduly restricts the buildable width of the lot and the house is already built to the minimum setback on the north side. a 2. The spirit and intent of the ordinance is to keep a uniform setback from public streets and provide adequate sight distance at the corner. The intent of the ordinance is met, because: a. Sophia Street is a short street without uniform setbacks. b. Council approved a variance in 1972 to allow the house across the street (1763 Edward Street) to be built with a side yard setback of 15 feet. -8- 10/8 c. While there are no records of variances, aerial photos show that the garage at 1756 Edward Street and the hosue at 1758 Phalen Place appear to be built at the right of way line. d. The existing garage is already built 9.5 feet from the right of way line. e. The addition would not be seen by any other houses, except the house to the south, because of existing trees. f. The addition would not interfere with the sight distance at the corner. Commissioner Whitcomb seconded. Ayes - Commissioners Axdahl, Barrett, Fischer, Larson, Pellish, Sigmundik, Whitcomb." d. Applicants were in attendance at the meeting and agreed with the Planning Commission recommendations. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Councilmember Maida introduced the following resolution and moved its adoption: 84 - 10 - 146 WHEREAS, Albert and Marilyn Galbraith applied for a variance for the following described property: Lots 10 and 11 and the south 6 feet of lot 9 in Block 8, Lakeside Park This property is also known as 1770 Edward Street, Maplewood; WHEREAS, Section 36 -71(1) of the Maplewood Code of Ordinances requires a 30 foot side yard setback on the street side of a corner lot; WHEREAS, the procedural history of this variance is as follows: 1. This variance was applied for on September 7, 1984. 2. This variance was reviewed by the Maplewood Planning Commission on October 1, 1984. The Planning Commission recommended to the City Council that said variance be approved. 3. The Maplewood City Council held a public hearing on October 8, 1984 to consider this variance. Notice thereof was published and mailed pursuant to law. 'a All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY .COUNCIL that the above described variance be approved on the basis of the following findings of fact: - 9 - 10/8 1. There is an undue hardship on this lot because it is substandard in width (70 feet). Code requires 100 feet of width. The required side yard setback of 30 feet unduly restricts the buildable width of the lot and the house is already built to the minimum setback on the north side. 2. The spirit and intent of the ordinance is to keep a uniform setback from public streets and provide adequate sight distance at the corner. The intent of the ordinance is met, because: a. Sophia Street is a short street without uniform setbacks. b. Council approved a variance in 1972 to allow the house across the street (1763 Edward Street) to be built with a sideyard setback of 15 feet. c. While there are no records of variances, aerial photos show that the garage at 1756 Edward Street and the house at 1758 Phalen Place appear to be built at the right of way line. d. The existing garage is already built 9.5 feet from the right of way line. e. The addition would not be seen by any other houses, except the house to the south, because of existing trees. f. The addition would not interfere with sight distance at the corner. Seconded by Councilmember Wasiluk. Ayes - all. 3. a IDR Moggen Landscaping a. Mayor Greavu convened the meeting for a public hearing regarding the request of Moggen Landscaping for a $1,200,000 Industrial Revenue Note to acquire land and construct and equip a 15,000 square foot office building to be located on the east side of White Bear Avenue between Lydia Avenue and Beam Avenue, directly north of the Maplewood East Shopping Center. b. Manager Evans presented the staff report. c. Ms. Mary Ippel, Briggs and Morgen, explained the specifics of the proposal. 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. Mayor Greavu introduced the following resolution and moved its adoption: 84 - 10 - 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 - 10 - 10/8 ENERGY AND ECONOMIC DEVELOPMENT AUTHORITY OF THE STATE OF MINNESOTA _ AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH THE PROJECT WHEREAS, (a) The purpose of Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial Development Act (the "Act ") as found.and determined by the legislature is to promote the welfare of the state by the active attraction and encouragement and development of economi- cally 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 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 Mogren Landscaping, 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 Revenue Note or Notes hereinafter referred to in this resolution as "Revenue Bonds" pursuant to the Act; (d) The City desires to facilitate the selec- tive development of the community, retain and improve the tax base and help to provide the range of services and employment opportunities required by the population; and the Project will assist the City in achieving those objectives. The 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 sod and landscaping. The Project to be financed by the Revenue Bonds is an approximately 15,000 square foot office building to be located on the East side of White Bear Avenue between Lydia Avenue and Beam Avenue directly North of the Maplewood East Shopping Center in Maplewood, Minnesota to be leased to Edina Realty and consists of the acquisition 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; - 11 - 10/8 (f) The City has been advised by representa- tives 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 September 10, 1984, a public hearing on the Project was held on October 8, 1984, 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. Noll, 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 acqui- sition, construction and equipping of an approximately 15,000 square foot office building to be located on the East side of White Bear Avenue between Lydia Avenue and Beam Avenue directly north of the Maplewood East Shopping Center in Maplewood, Minnesota, to be leased to Edina Realty pursuant to Company's specifications suitable for the operations described above to be initially owned and operated by the Company and pursuant to a revenue agreement between the City and Company upon such terms and conditions with provisions for revision from time to time as necessary, so as to produce income and revenues sufficient to pay, when due, the principal of and interest on the Revenue Bonds in the maximum aggregate principal amount of $1,200,000 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 ,a Bonds; and th,e 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 - 12 - 10/8 purposes stated in Section 474.01, Minnesota Statutes; that the Project would not be undertaken but for the availability of industrial bond financing; 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 development and use of land within the City and eventually to increase the tax base of the community; 3. The Project is hereby given preliminary approval by the City subject to the approval of the Project by the Minnesota Energy and Economic Development Authority or such other state officer having authority to grant approval (the "Authority "), and subject to final approval by this Council, Company, and the purchaser of the Revenue Bonds as to the ulti- mate details of the financing of the Project; 4. In accordance with Subdivision 7a of Section 474.01 Minnesota Statutes, the Mayor of the City is hereby authorized and directed to submit the proposal for the Project to the Authority requesting its approval, and other officers, employees and agents of the City are hereby authorized to provide the Authority with such preliminary information as it 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 Authority will be paid by Company; 6. Briggs and Morgan, Professional Association, acting as bond counsel, and , 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; 7. Nothing in this resolution or in the documents pre- pared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the City for this purpose. The Revenue Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds - 13 - 10/8 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, is payable solely from the revenue and proceeds pledged to the payment thereof. The Revenue Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; S. In anticipation of the approval by the Authority 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 con- siders 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. If construction of the Project is not started within one year from the date hereof, this resolution shall thereafter have no force and effect and the preliminary approval herein granted is withdrawn; Adopted by the City Council of the City of Maplewood, Minnesota, this day of October, 1984. Attest: ty Mayor Seconded by Councilmember Wasiluk. Ayes - all 3b. 7:10 P.M. Hideaway - Liquor License a. Mayor Greavu convened the meeting for a public hearing regarding the request of Greg Tulgren for an On -Sale Intoxicating Liquor License to be located at the Hideaway, 70 E. County Road B. b. Manager Evans presented the staff report. c. Mr. James Finley, attorney for applicant, spoke on behalf of the request. d. Mayor Greavu called for proponents. None were heard. - 1 4 - 10/8 e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilmember Wasiluk moved to approve the On Sale Li Tulqren subject to better liqhtinq in the oar inq lot an 84 - 10 - 148 License for on: NOTICE IS HEREBY GIVEN, that pursuant to action by the City Council of the City of Maplewood on October 8, 1984, an On Sale Intoxicating Liquor License was approved for Greg Tulgren dba The Hideaway, 70 E. County Road B; The Council proceeded in this matter as outlined under the provisions of the City Ordinances. Seconded by Councilmember Bastian. Ayes - Councilmembers Anderson, Bastian, Maida and Wasiluk. Nays - Mayor Greavu. 3. 7:20 P.M. Mortgage Revenue Bond Financing (Podawiltz) a. Mayor Greavu convened the meeting for a public hearing to consider the proposal of Maple Ridge Partnership that the City undertake a program to finance the proposed development by the issuance of revenue obligation. The development consists of the construction and equipping of a multi - family rental housing development of approximately 100 units. b. Manager Evans presented the staff report. c. Mr. Mike Podawiltz, the developer, spoke on behalf of the proposal. 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. Mayor Greavu introduced the following resolution and moved its adoption: 84 - 10 - 149 RESOLUTION RECITING A PROPOSAL FOR A FINANCING PROGRAM FOR A MULTI - FAMILY RENTAL HOUSING DEVELOPMENT, GIVING PRELIMINARY APPROVAL TO THE PROJECT AND THE PROGRAM, AND THE AMENDMENT OF THE HOUSING REVENUE BOND PROGRAMS PORTION OF THE CITY "S 462C HOUSING PLAN TO INCLUDE THE PROGRAM PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C, AUTHORIZING THE CITY OF MAPLEWOOD TO ISSUE HOUSING REVENUE BONDS AND AUTHORIZING THE SUBMISSION OF THE FINANCING PROGRAM FOR THE PROJECT FOR APPROVAL TO THE METROPOLITAN COUNCIL AND MINNESOTA HOUSING FINANCE AGENCY AND - 15 - 10 /R AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH THE SAID PROJECT AND PROGRAM (MAPLE RIDGE PARTNERSHIP PROJECT) WHEREAS, (a) Minnesota statutes, Chapter 462C (the "Act) confers upon cities the power to issue revenue bonds to finance a program for the purposes of planning, administering, making or purchasing loans with respect to One or more multi - family housing developments within the boundaries of the city; (b) The City has received from Maple Ridge Partnership, a Minnesota limited partnership (the "Developer "),* a proposal that the City undertake a program to finance a Project hereinafter described; through the Issuance of revenue bonds or obligations (in one or more series or which may be in the form of a single debt instrument) (the "Bonds ") pursuant to the Act; (c) The City desires tot facilitate the development of rental housing within the community; encourage the development of affordable housing opportunities for residents of the City; encourage the development of housing facilities designed for occupancy by persons of low or moderate income; and encourage the development of blighted or underutilized land and structures within the boundaries of the City; and the Project will assist the City in achieving these objectives; (d) The City desires to expand the Housing Revenue Bond Programs" portion of its 462C Housing Plan to incorporate the program for the Project; (e) The Developer is currently engaged in the business of real estate development. The Project to be financed by the Bonds is a the construction and equipping of an approximately 118,575 square foot multi- family rental housing development of 100 rental units, consisting of 43 one- bedroom units and 57 two - bedroom units, located North of County Road D, South of 694 - and East of Hazelwood Street in the City, and consists of the construction of buildings an - 16 - 10/8 such land which will result in the provision of additional rental housing opportunities to persons within the community; (f) The City has been advised by the Developer that conventional, commercial financing to pay the capital costs 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 the Developer has also advised the City that with the aid of municipal financing, and resulting low borrowing costs, the Project is economically more feasible; (g) A public hearing on the Project, the financing program and the amendment of the "Housing Revenue Bond Programs" portion of the City's 462C Housing Plan therefor was held at 7:20 p.m. on October 8, 1984, after notice was published, all as required by Minnesota Statutes, Section 462C.O50 subd. S. at which public hearing all those appearing at said hearing who 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 City hereby gives' preliminary approval to the proposal of the Developer that the City undertake the Project, described above, and the program of financing therefor, pursuant to Minnesota Statutes, Chapter 462C, consisting of the construction and equipping of multi - family rental housing facilities within the City pursuant to the Developer's specifications and to a revenue agreement between the City and the Developer on 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 and interest on the Bonds in a total principal amount of approx- imately $3,800,000 to be issued pursuant to the Act to finance the construction and equipping of the Project; and said agreement may also provide for the entire interest of the Developer therein to be mortgaged to the purchaser or purchasers of the Bonds, or a trustee for the holder(s) of the Bonds; and the City hereby undertakes preliminarily to issue its bonds in accordance with such terms and conditions; - 17 - 10/8 2. The "Housing Revenue Bond Programs" portion of the City's 462C Housing Plan as herein proposed to be amended is hereby approved and adopted and the City Clerk is authorized and directed to subunit the amended 462C Housing Plan to the Metropolitan Council for its review and comment. The comments of the Metropolitan Council, if any; shall be submitted to the City Council for its consideration; 3. At the option of the Developer, the financing may be structured so as to take advantage of whatever means are available and are permitted by law to enhance the security for, or marketability of, the Bonds, provided that any such financing structure must be approved by the City; 4. On the basis of information available to the City, it appears; and the City hereby finds, that the Project constitutes a multifamily housing development within the meaning of subdivision 5 of Section 462C.02 of the Act; that the Project will be primarily occupied, in part, by persons of low or moderate income; that the availability of the financing under the Act and the willingness of the City to provide such financing will be a substantial inducement to the Developer to undertake the Project, and that the effect of the Project, if undertaken, will be to encourage the provision of additional multi - family rental housing opportunities to residents of the City, to assist in the prevention of the emergence of blighted and marginal land and to promote more intensive development and use of land within the City; S. The Project, and the program to finance the Project by the issuance of revenue bonds; is hereby given preliminary approval by the City subject to the approval of the financing program by the Minnesota Housing Finance Agency (the "MHFA ") and subject to final approval by the City; the Developer and the purchasers of the Bonds as to ultimate details of the financing of the Project; 6: In accordance with subdivision 5 of Section 462C.05, Minnesota Statutes, the Mayor of the City is hereby authorized and directed to submit the program for financing the Project to the MHFA, requesting its approval, and other officers, employees and agents of the City are hereby authorized to provide the MHFA with preliminary information as it.may require; 7. The Developer 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 MHFA will be paid by the Developer; - 18 - 10/8 S. Briggs and Morgan, Professional Association, acting as bond counsel, and Miller & Schroeder Municipals, Inc., are authorized to assist in the preparation and review of necessary documents relating to the Project and the financing program therefor, to consult with the City Attorney, the City's fiscal consultant, Developer and purchasers of the Bonds (or trustee for the purchasers of the Bonds) as to the maturities, interest rates and other terms and provisions of the Bonds and as to the covenants and other provisions of the necessary documents and submit such documents to the City for final approvals 9. Nothing in this Resolution or the documents prepared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the City for this purpose. The 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 or holders of the Bonds shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal on the Bonds or the interest thereon, or to enforce payment thereon against any property of the City. The Bonds shall recite in substance that the Bonds, including the interest thereon, are payable solely from the revenue and proceeds pledged to the payment thereof. The Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; 10. -In anticipation of the approval by the M"A and the issuance of the 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, the Developer 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 Bonds, as the Developer. considers necessary, including the use of interim, short —term financing, subject to reimbursement from the proceeds of the Bonds if any when delivered but otherwise without liability on the part of the City. Adopted by the City Council of the City of Maplewood, Minnesota this 8th day of October, 1984. Seconded by Councilmember Wasiluk. Ayes - all. 4. 7:30 P.M. Conditional Use Permit - 2646 Maryland Avenue a. Mayor Greavu convened the meeting for a public hearing regarding the request of Katherine Shonka for a conditional use permit to operate a beauty salon as a home occupation. b. Manager Evans presented the staff report. - 19 - 10/8 c. Commissioner Lorraine Fischer presented the following Planning Commission's recommendation: "Commissioner Whitcomb moved the Planning Commission recommend the City Council adopt the following resolution: WHEREAS, Katherine Shonka initiated a conditional use permit to operate a beauty shop as a home occupation at the following - described property: Lot 3, Block 6, Midvale Acres This property is also known as 2646 E. Maryland Avenue, Maplewood; WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was initiated by Katherine Shonka, pursuant to the Maplewood Code of Ordinances. 2. This conditional use permit was reviewed by the Maplewood Planning Commission on September 17, 1984. The Planning Commission recommended to the City Council that said permit be approved. WHEREAS, Section 36 -66 of the City Code requires home occupations to conform to the following requirements: 1. Not more than one person, other than members of the family residing on the premises, shall be allowed to engage in such occupation. 2. An area equivalent to no more than twenty (20) percent of each level of the dwelling unit floor area shall be used in the conduct of a home occupation. 3. There shall be no change in the outside appearance of the building or premises, that would indicate the conduct of a home occupation, other than one sign meeting the requirements of the City sign code. 4. Limited retail sales of products produced off -site may be permitted, but only when subordinate to the principal activity of the home occupation. 5. No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood. The need for off- street parking shall not exceed more than three off - street parking spaces for home occupations at any given time, in addition to the parking spaces required by the resident occupatns. 6. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. In the case of electrical interference in any radio or television receiver *, off the premises, or cause fluctuations in line voltage off the premises. 7. No fire safety or health hazard shall exist. 8. A home occupation shall not include the repair of internal combustion engines, body shops, machine shops, welding, ammunition manufacturing or other objectionable uses as determined by the City. Machine shops are defined as places where raw metal is fabricated, using machines that operate on more than one hundred twenty (120) volts of current. - 20 - 10/8 9. Any violation of these requirements shall result in the denial or revocation of the home occupation. 10. Approval shall be for a period not to exceed one year. Renewal shall be subject to the provisions of Chapter 17, Article II, of the City Licensing Code. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD PLANNING COMMISSION that the above - described conditional use permit be approved on the basis of the following findings -of -fact: 1. The use is in conformity with the City's Comprehensive Plan and with the purpose and standards of this chapter. 2. The establishment or maintenance of the use would not be detrimental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character of that zoning district. 4. The use would not depreciate property values. 5. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to the noises, glare, smoke, dust, odor, fumes, water pollution, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 6. The use would generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area properties. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parks. 8. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the City. 9. The use would preserve and incorporate the site's natural and scenic features into the development design. 10. The use would cause minimal adverse environmental effects. Approval is granted for one year from the date of Council approval subject to the following conditions: 1. An exit from the basement in addition to the existing stairway shall be completed and approved by the City Building Official before customers may be per- mitted in the shop area. The basement stairway shall also be brought into compli- ance with the Uniform Building Code (UBC). 2. An operative 10 -pound dry chemical, all purpose fire extinguisher must be wall mounted and readily available in the beauty shop and a smoke detector is to be installed near the stairway. 3. Renewal may be granted if all of the home occupation code requirements have been complied with and no nuisance situations persist. - 21 - 10/8 i 4. A license shall be obtained from the City Clerk in January, 1985 and every year thereafter for which the conditional use permit is in effect. Commissioner Sigmundik seconded. Ayes -- Commissioners Barrett, Ellefson, Fischer, Larson, Pellish, Sigmundik, Whitcomb." d. Kathy Shonka, the applicant, stated she agrees to the conditions. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Councilmember Anderson introduced the following resolution and moved its a 84 - 10 - 150 WHEREAS, Katherine Shonka initiated a conditional use permit to operate a beauty shop as a home occupation at the following described property: Lot 3, Block 6, Midvale Acres This property is also known as 2646 E. Maryland Avenue, Maplewood; WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was initiated by Katherine Shonka, pursuant to the Maplewood Code of Ordinances. ion: 2. This conditional use permit was reviewed by the Maplewood Planning Commission on September 17, 1984. The Planning Commission recommended to the City Council that said permit be approved. 3. The Maplewood City Council held a public hearing on October 8, 1984. 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 considreed reports and recommendtions of the City Staff and Plan- ning Commission. WHEREAS, Section 36 -66 of the City Code requires home occupations to conform to the following requirements: 1. Not more than one person, other than members of the family residing on the premises, shall be allowed to engage in such occupation. 2. An area equivalent to no more than twenty (20) percent of eachlevel of the dwelling unit floor area „shall be used in the conduct of a home occupation. 3. There shall be no change in the outside appearance of the building or premises, that would indicate the conduct of a home occupation, other than one sign meeting the requirements of the City sign code. 4. Limited retail sales of products produced off -site may be permitted, but only when subordinate to the principal activity of the home occupation. - 22 - 10 /8 5. No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood. The need for off - street parking shall not exceed more than three off - street parking spaces for home occupat- ions at any given time, in addition to the parking spaces required by the resident occupants. 6. No equipment or process noise, vibration, glare, fumes, the normal senses off the lot. or process shall be used which or television receivers off the off the premises. shall be used in such home occupation which creates odors or electrical interference detectable to In the case of electrical interference, no equipment :reates visual or audible interference in any radio premises, or caused fluctuations in line voltage 7. No fire safety or health hazard shall exist. 8. A home occupation shall not include the repair of internal combustion engines, body shops, machine shops, welding, ammunition manufacturing or other objectionable uses as determined by the City. Machine shops are defined as places where raw metal is fabricated, using machines that operate on more than one hundred twenty (120) volts of current. 9. Any violation of these requirements shall result in the denial or revocation . of the home occupation. 10. Approval shall be for a period not to exceed one year. Renewal shall be subject to the provisions of Chapter 17, Article II, of the City licensing code. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described conditional use permit be approved on the basis of the following findings - of -fact: 1. The use is in conformity with the City's Comprehensive Plan and with the purpose and standards of this chapter. 2. The establishment or maintenance of the use would not be detrimental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character of that zoning district. 4. The use would not depreciate property values. 5. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to the noises, glare, smoke, dust, odor, fumes, water pollution, water fun -off, vibration, general unsightliness, electrical interference or other nuisances. 6. The use would generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area properties. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parks. - 23 - 10/8 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. A pproval is granted for one year from the date of Council approval subject to the following conditions: 1. An exit from the basement in addition to the existing stariway shall be completed and approved by the City Building Official before customers may be permitted in the shop area. The basement stairway shall also be brought into compliance with the Uniform Building Code (UBC). 2. An operative 10 -pound dry chemical, all purpose fire extinguisher must be wall mounted and readily available in the beauty shop and a smoke detector is to be installed near the stairway. 3. Renewal may be granted if all of the home occupation code requirements have been complied with and no nuisance situations persist. 4. A license shall be obtained from the City Clerk in January, 1985 and every year thereafter for which the conditional use permit is in effect. Seconded by Councilmember Bastian. Ayes - all. 5. 7:40 P.M. PU D Revision: Sterling Glen a. Mayor Greavu convened the meeting for a public hearing regarding the request of Castle Design and Development Company to revise the conditional use permit for Maple Greens planned unit development to substitute 64 rental apartment units (eight buildings) for 52 quad units (13 buildings) and to vacate the plat and streets. b. Manager Evans presented the staff report. c. Commissioner Lorraine Fischer presented the following Planning Commission recommendation: "Commissioner Whitcomb moved the planning commission recommend the City Council adopt the following resolutions vacating the plat and streets and amending the conditional use permit for the Maple Greens planned unit development to substitute eight eight -plex apartment structures for 13 four -plex town house (quad) structures originally approved south of ,Geranium Avenue along Evar Street and Jessamine Avenue (presently platted as block one and lots one through 36, block two) Sterling Glen Addition: WHEREAS, Castle Design and Development initiated a revision to the conditional use permit for the Maple Greens planned unit development at the following described property: Block one and lots one through 36, block two Sterling Glen Addition, Section 25, Township 29, Range 22; - 24 - 10/8 WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was initiated by Castle Design and Development, pursuant to the Maplewood Code of Ordinances. 2. This conditional use permit was reviewed by the Maplewood Planning Commission on September 17, 1984. The Planning Commission recommended to the City Council that said permit be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above described conditional use permit revision be approved on the basis of the following findings of fact: 1. The use is in conformity with the City's Comprehensive Plan and with the purpose and standards of this chapter. 2. The establishment or maintenance of the use would not be detrimental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character of that zoning district. 4. The use would not depreciate property values. 5. The use would not be hazardous, detrimental or disturbing to the present and potential surrounding land uses, due to the noises, glare, smoke, dust, odor, fumes, water pollution, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 6. The use would generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area properties. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parks. 8. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the City. 9. The use would preserve and incorporate the site's natural and scenic features into the development design. 10. The use would cause minimal adverse environmental effects. 11. The revision is consistent with the original planned unit development. 'a Approval is subject to the following conditions: 1. The applicant vacating the underlying platted lots and street rights of way from the Sterling Glen Addition. 2. Construction beginning within one year, unless Council authorizes a time extension, if necessary: - 25 - 10/8 3. Adherence to the site plan dated September 11, 1984, with the following revisions: a. Increase the parking stalls to 20 feet of depth. b. Increase the separation between the open parking stalls and the dwelling units to at least 15 feet. 4. Approval of the site, building and landscape plans by the Community Design Review Baord. 5. Submission of an erosion control plan for approval by the City Engineer. WHEREAS, Castle Design initiated proceedings to vacate the public interest in the following described real property: Block one, lots one through 36, block two, Sterling Glen Addition, Section 25, Township 29, Range 22, including Evar Street and Jessamine Avenue WHEREAS, the procedural history of this vacation is as follows: 1. This vacation was initiated by Castle Design. 2. A majority of the owners of property abutting said streets have signed a petition for this vacation. 3. This vacation was reviewed by the Planning Commission September 17, 1984. The Planning Commission recommended to the City Council that this vacation be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD PLANNING COMMISSION that it is in the public interest to grant the above described vacation. Commissioner Barrett seconded. Ayes - Commissioners Barrett, Ellefson, Larson, Pellish, Sigmundik, Whitcomb." rel e Mayor Greavu called for proponents. The following were heard: Mr. Ken Gervais, Castle Design, the applicant, spoke on behalf of the proposal. Mayor Greavu called for opponents Steve Zilensky, 1344 Evar Judy Stadler, 1142 Evar Malcolm Johnson, 1139 Ferndale Tim Kennedy, 1134 Glendon Jim Bohmen, 1145 Glendon Mark Bender, 1158 Glendon Bruce Johnson, 1133 Ferndale Ron Green, 2522 Rose Avenue Ron Williams, 1183 Glendon Thor Becker, 1158 Sterling Scott Kesler, 1158 Sterling The following were heard: - 26 - 10/8 Ron Pierce, 1146 Glendon Bob Pettitt, 1157 Ferndale. f. Mayor Greavu closed the public hearing. g. Councilmember Bastian moved to table the request for change in Maple Green's P.U.D. Seconded by Councilmember Anderson. Ayes - all. h. City Attorney Don Lais was instructed to investigate the easements for Mary Lake Road. Mayor Greavu called a recess. Mayor Greavu reconvened the meeting at 9:17 P.M. G. AWARD OF BIDS None. H. UNFINISHED BUSINESS I. 1. No Parking - County Road D a. Manager Evans presented the staff report. b. Mr. Fred Shoot, Emerald Inn,and also the Director of Learning Tree Day Care Center both spoke regarding the "no parking" restrictions. c. Councilmember Anderson introduced the following resolution and moved its adoption: 84 - 10 - 151 WHEREAS, a number of larger trucks have been parking along County Road D re- sulting in restricted sight distance; NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that Ramsey County is requested to designate both sides of County Road D from White Bear Avenue to Ariel Street a "No Parking" zone. Seconded by Councilmember Bastian. Councilmember Anderson moved to sus I -3 at this time. Seconded by Councilmember Bastian. NEW BUSINESS Ayes - all. the "Rules of Procedures" to discuss Item Ayes - all. 3. Driveway Permit - 2800 White Bear Avenue - Todd a. Manager Evans presented the staff report. b. Councilmember Anderson moved to approve the request of William Todd, 2800 White Bear Avenue, to keep a concrete slab within the tive toot south se ac - 27 - 10 /8 Seconded by Councilmember Bastian. Ayes - all. UNFINISHED BUSINESS (continues) 2. Ordinance on Planning Fees (Second Reading) a. Manager Evans presented the staff report. b. Councilmember Bastian introduced the followina ordinance and moved its adoption: ORDINANCE NO. 573 Section 1. Section 36 -26 of the Zoning Code of the City of Maplewood is hereby amended as follows: Section 36 -26. Fees. The following nonrefundable application fees shall be required: Zone Change Conditional Use Permit Planned Unit Development Comprehensive Plan Amendment Variances: R -1 All other districts Vacations Lot Divisions Preliminary Plat Home Occupation Permit Final Plat $140 140 140 140 40 80 45 30 for each lot created 140 40 15 for an annual renewal 30 Section 2. Section 36 -258 of the Sign Code is amended as follows: Section 36 -258. Fees. (1) A sign erection permit fee (except for billboards) shall be paid in accordance with the following schedule: Square Feet Fee 1 - 10 $ 10 11 - 25 15 26 - 50 25 51 - 100 60 over 100 110 (2) The fee for erection of billboards shall be $8.00 for the first five square feet, plus 47Q for each additional square foot. (3) The annual license fee for billboards shall be $205. Section 3. This ordinance shall take effect on January 1, 1985. Seconded by Councilmember Anderson. Ayes - all. 3. Contract With Architectural Alliance - 28 - 10 /8 a. Manager Evans presented the staff report. b. Mayor Greavu moved to enter into a contract as submitted with Architectural Alliance regarding the proposed new City Hall. Seconded by Councilmember Wasiluk. Ayes - all. 4. Ordinance on Liquor License Bonds (Second Reading) a. Manager Evans presented the staff report. b. Councilmember Bastian introduced the following ordinance and moved its adoption: ORDINANCE NO. 574 An Ordinance Regarding Liquor License Bonds Section 1. Section 5 -109 of the Maplewood City Ordinances regarding bonds required from licensees is hereby amended to read as follows: (a) No "on sale" license under this division shall be granted until a bond in the amount of three thousand dollars ($3,000.00) has been furnished, approved by the City Council and filed with the proper City officers. Such bond shall cover both the regular "on sale" license and any Sunday sales license issued to the same licensee. (b) No "off sale" license under this division shall be granted until a bond in the sum of one thousand dollars ($1,000.00) shall be furnished and approved by the State Commissioner of Public Safety and the City Council, and filed with the proper City Officers. (c) The surety on a bond required by subsection (a) or (b) of this section shall be a surety company duly licensed to do business in the State and the bond shall be approved as to form and execution by the City Attorney. (d) All bonds required by subsection (a) or (b) of this section, when approved by the proper City or State officers, shall be deposited with the City Clerk. (e) All bonds required by subsection (a) or (b) of this section, whether for an "off sale" or "on sale" license, shall be conditioned as follows: (1) That the licensee will obey the law relating to such licensed business. (2) That the licensee will pay to the City, when due, all taxes, license fees, penalties and other charges provided by law. (3) That in the event of any violation of the provisions of any law re- lating to the business which the license has been granted for the sale of intoxicating liquor, such bond shall be forfeited to the City or in lieu of forfeiture at the City's option, and upon agreement of the City and licensee the licensee shall pay to the City an agreed amount up to the total amounts of the bond. (4) That the licensee will pay, to the extent of the principal amount of such bond, any damages for death or injury caused by or resulting from the violation of any provisions of law relating to the business for which such licensee has been granted a license, and further conditioned that such recovery may be had also against the surety on his bond. The amount specified - 29 - 10 /8 I in any bond required is declared to be a penalty and the amount recoverable shall be measured by the actual damages, provided however, that the surety thereon shall not be liable for any amount in excess of the penal amount of the bond. (5) All such bonds shall be for the benefit of the obligee and all persons suffering damages by reason of the breach of the conditions thereof. Such bonds shall run to the City as obligee, and in the event of a forfeiture of any such bond for violation of the law, the District Court of Ramsey County may forfeit the penal sum of the said bond, or any part thereof, to the City. ( Code 1965, SS 703.080; Ord. No. 229, SS 3, 9- 26 -67). State law reference - Amounts and conditions of bonds furnished by "off sale" and "on sale" intoxicating liquor licensees, M.S. SS 340.12. Section 2. This ordinance shall take effect upon its passage and publication. Seconded by Mayor Greavu. NEW BUSINESS (continued) 1. P.E.R.A. Resolution a. Manager Evans presented the staff report. Ayes - all. b. Councilmember Bastian introduced the following resolution and moved its 84 - 10 - 152 WHEREAS, approximately 113 City of Maplewood employees are members of the Public Employees Retirement Association (PERA); and WHEREAS, cities raise property taxes which are contributed to PERA as the employer share of retirement benefits for City employees; and ion: WHEREAS, the Association of Minnesota Counties' trustee on the PERA Board, in conjunction with the League of Cities appointed trustee and other appointed and elected trustees, raised significant questions regarding the appointment process used to hire an interim exective director of PERA; NOW, THEREFORE, BE IT RESOLVED that the City of Maplewood supports the actions of the Association of Minnesota Counties' trustee and other members to remove the interim director and to proceed with an open process of selection for PERA executive director. BE IT FURTHER RESOLVED that the Legislative Auditor conduct a five year com- pliance audit of the PERA fiscal operations. BE IT FURTHER RESOLVED, that the City of Maplewood will not enter into any services offered by PERA (such as life insurance or auto insurance programs) until it is clear that the management of PERA is consistent with good public policy. Seconded by Mayor Greavu. Ayes - all. 2.' Questions by Ted DeZurich - Sprinklers a. Mr. Ted DeZurick, representing Bennington Woods Development, spoke regarding - 30 - 10/8 the requirements in appendix E of the State Fire Code pertaining to sprinkling of new construction. b. Mr. Richard Brooks, Director from the State Building Code Division, explained the requirements. c. The following developers expressed their views: Mr. Fred Haas, Marvin Anderson Construction Mr. Greg Schmidt, Castle Design. d. The following Fire Department personnel expressed the need for sprinkling systems: Mr. Don Hove, East County Line Fire Department Mr. Thor Bodsgard, Parkside Fire Department. e. Councilmember Anderson moved that no action on the matter be taken. Seconded by Mayor Greavu. Ayes - Mayor Greavu; Councilmembers Anderson and Maida. Nays - Councilmembers Bastian and Wasiluk. J. VISITOR PRESENTATIONS 1. David Trepanier a. Mr. David Trepanier spoke on behalf of his father Francis Trepanier who owns the dwelling at 2810 White Bear AVenue. The dwelling is being used as a four - plex, but is zoned for R -2 (double dwelling). b. No action taken. K. COUNCIL PRESENTATIONS 1. Highwood Avenue a. Councilmember Maida stated she had received another call from Mr. Poppert regarding the pipe under his driveway. b. Staff stated the owner is required to install the pipe himself. 2. Storm Shelters a. Councilmember Anderson commented on culvert construction being used as storm shelters. Mr. Peterson (Rolling Homes Mobile Home Park) is interested in this type of storm shelter. _i L. ADMINISTRATIVE PRESENTATIONS 1. Council Meeting of November 11, 1984 a. Council changed meeting date of November 11, 1984 (as it is a holiday) to November 8, 1984 at 7:00 P.M. at City Hall. 3. Budget Transfer - 31 - 10/8 a. Councilmember Wasiluk moved to approve a budget transfer of $1,600.00 from the Telephone Study Account to Elections for the purchase of wo use vo inq machines. Seconded by Councilmember Anderson. M. ADJOURNMENT 11:20 P.M. Ayes - all. MV0 r - 32 - 10/8