Loading...
HomeMy WebLinkAbout06.09.86 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 E.M., Monday,JUne 9, 1986 Council Chambers, Municipal Building _ Meeting No. 86-14 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 7:00 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember. Present Frances L. Juker, Councilmember Present Charlotte Wasiluk, Councilmember Present C. APPROVAL OF MINUTES 1. Meeting No. 86-12 (May 22, 1986) Councilmember Anderson moved that the Minutes of Meeting No. 86-12 (May 22, 1986) be approved as submitted. Seconded by Councilmember Bastian. Ayes - all. 2. Meeting No. 86-13 (June 4, 1986) _ P4ayor Greavu moved that the Minutes of Meeting No. 86-13 (June 4, 1986) be approved as submitted. Seconded by Councilmember Bastian. Ayes - Mayor Greavu, Councilmembers Bastian, Jukerand Wasiluk Councilmember Anderson abstained. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Letter from Mr. & Mrs. Gehrke, BCM Withdrawal 2. Special Use Permits 3. Vacations (Personnel) 4. Gambling Ordinance 5. Lakewood Dump 6. Tax Exempt Financing Committee 7. Apartment License 8. Manager Criteria Evaluation f4eeting Seconded by Councilmember Bastian. Ayes - all. 6/9 CONSENT AGENDA Council removed Item E-7 to become Item I-5. CouncilmemberAnderson moved, Seconded. by Mayor Greavu, Ayes - all, to approve the Consent Agenda, Items E-1 through E-6, and Item E-8 as recommended. Seconded by Mayor Greavu. Ayes - all. 1. Accounts Payable Approved the accounts (Part I - Fees, Services, Expenses Check Register dated May 30, 1986 through June 2, 1986 - $537,908.89: Part II - Payroll dated May 27, 1986 - $127,643.76) in the amount of $665,552.65. 2. Easement Release Approved the release of the drainage easement for 1884 East County Road B. = 3. McKnight Road Parking Resolution No. 86 - 6 - 97 WHEREAS, the County has planned the improvement of flcKni ght Road (CSAH 68) from 1500 feet south of Maryland Avenue to 400 feet north of Larpenteur Avenue; and - WHEREAS, the County will be expending County State Aid Highway Funds (S.A.P. 62-668-16) on the improvement of said street; and WHEREAS, said improvement does not conform to the approved minimum standards as previously adopted for such County state aid streets and that approval of the proposed construction as a County state aid street project must, therefore, be conditioned upon certain parking restrictions; and WHEREAS, the extent of these restrictions, that would be a necessary prerequisite to the approval of this construction as a County state aid project in the City, has been determined. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City requests the County to restrict the parking of motor vehicles on both sides of McKnight Road from 1500 feet south of Maryland Avenue to 400 feet north of Larpen- tear Avenue. 4. Final Plat: Highland Townhomes _ Approved the final plat for Highland Townhomes Second Addition located at Skillman and Edgerton. 5. Budget Adjustment for County Recording Fee Approved an increase of $650.00 in Account O1-4480-32, as well as the cor- responding revenue account to pay for an increase from the County in costs for recording land use resolutions. - 2 - 6/9 _ _ :5, 6. Picnic Shelter - Western Hills i ~ Approved $14,000.00 from the Commercial P.A.C. Account to purchase a metal picnic shelter to be located in Western Hills Park. 7. Budget Transfer - Safety Training Item E-7 became Item I-5. 8. Correction to Ordinance - Off-Sale Liquor Approved first reading of an ordinance deleting "closing the last Monday in May" from the Off-Sale Intoxicating Liquor Code. EA - COMMISSION APPOINTMENT 1. Park Commission Mavis Hawkins Director of Parks and Recreation Bob Odegard introduced Mavis Hawkins. Councilmember Anderson moved to appoint Mavis Hawkins to the Park and Recrea- tion Commission for the term ending December 31, 1988. Seconded by Councilmember Bastian. Ayes - all. F. PUBLIC HEARINGS 1. 7:00 P.M., County Road C Water Main - Project 66-04 (4 Votes) a. Mayor Greavu convened the meeting for a public hearing regarding the con- struction of trunk .water main on County Road C from 200 feet west of the Frontage Road to Forest Street. b. Manager Lais presented the Staff report. c. Director of Public Works Ken Haider presented the specifics of the proposal d. Mayor Greavu called for persons who wished to be heard, for or against, the proposal. The following expressed their opinions: 1. Letter read from Robert E. Flug 2. Jeff Lund, 1049 E. County Road C. 3. Norman Miggler, 2444 tiaplewood Drive 4. Don McClellan, 961 E. County Road C 5. Neal McClellan, 1091 E. County Road C 6. Dave Kopesky, 1041 E. County Road C - approved 7. Don Watson, 985 E. County Road C - approved _ 8. Don Coury, 1023 E. County Road C 9. Rita Huot, 999 E. County Road C 10. Hortense Johnson, 1100 E. County Road C 11. Earl Minke, 2634 Forest Street 12. Edward Kath, 1011 E. County Road C 13. Don Huot, 999 E. County Road C e. Mayor Greavu closed the public hearing. - 3 - 6/9 f. Mayor Greavu introduced the following resolution and moved its adoption: 86-6-98 WHEREAS, after due notice of public hearing on the construction of trunk water main on County Road C from 200 feet west of the Frontage Road to Forest Street, a hearing on said improvement in accordance with the notice duly given was duly held on June 9,1986, and the Coun- cil has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, - MINNESOTA, as follows: 1. That it is advisable, expedient, and necessary that the City of Maplewood construct trunk water main on County Road C from 200 feet west of the Frontage Road to Forest Street as described in the notice of hearing thereon, and orders the same to be made. - 2. The City Engineer is designated Engineer for this improve- . ment and is hereby directed to prepare final plans and specifications for the making of said improvement. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Wasiluk Nays - Councilmember Bastian. - 2. 7:10 P.M., Liquor License: Esparza's, 2515 White Bear Avenue a. Mayor Greavu convened the meeting for a public hearing regarding the request of Mary Ann Hafner, dba Nicky's for an On-Sale Intoxicating Liquor License at 2515 White Bear Avenue. b. Manager Lais presented the Staff report. c. Mayor Greavu called for proponents. None were heard. d. Mayor Greavu called for opponents. None were'+heard. e. Mayor Greavu closed the public hearing. f. Mayor Greavu introduced the following resolution and moved its adoption: 86 - 6 - 99 - NOTICE IS HEREBY GIVEDT, that pursuant to action by the City Council of the City of Maplewood on June 9, 1986, an On-Sale Intoxicating Liquor License was approved for Mary Ann Hafner, dba Nicky's, 2515 White Bear Avenue. The Council proceeded in this matter as outlined under the provisions of the City Ordinances. Seconded by Councilmember Wasiluk. Ayes - all. - 4 - 6/9 3. 7:10 P.M., Liquor License: Pasquali's, 3035 White Bear Avenue a. Mayor Greavu convened the meeting for a public hearing regarding the request of Mr. John Lynch for an On-Sale Intoxicating Liquor License to be located at the Maplewood Square, 3035 White Bear Avenue and to be doing business as Pasquali's. b. Manager Lais presented the Staff report. c. The applicant spoke on behalf of the request. d. 2layor 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: 86 - 6 - 100 NOTICE IS HEREBY GIVEN, that pursuant to action by the City Council of the City of Maplewood on June 9, 1986, an On-Sale Intoxicating Liquor License was approved for John Lynch, dba Pasquali's, 3035 White Bear Avenue. The Council proceeded in this matter as outlined under the provisions - of the City Ordinance. Seconded by Covncilmember Bastian. Ayes. - all. - 4. 7:30 P.M., Easement Vacation: County Road D a. Mayor Greavu convened the meeting for a public hearing regarding the request of Tousley Development Company to vacate a storm sewer easement located between County Road D and Highway 694 in Lot Five of the Tousley Commercial Park. b. Director of Community Development Olson presented the Staff report. c. Commissioner Dave Whitcomb presented the Planning Commission recommendation. d. Mr. C. H. Luther, President of Tousley Development Company, spoke on behalf of the request. 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. Mayor Greavu introduced the following resolution and moved its adoption: 86-6- 101 WHEREAS, Tousley Development Corporation initiated proceedings to vacate the public interest in the following described utility easement lying 35 feet either side of a line 435+ feet parallel to and east of - 5 - 6/9 the west line of Lot Five, Block One, Tousley Commercial Park. WHEREAS, the procedural history of this vacation is as follows: 1. A majority of the owners-of property abutting said utility easement have signed a petition for this vacation; 2. This vacation was reviewed by the Planning Commission on May 19, 1986. The Planning Commission recommended to the City Council that this vacation be approved. 3. The City Council held a public hearing on June 9, 1986, to - consider this vacation. Notice thereof was published and mailed pursuant to law. All persons present at this hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recom- mendations of the City Staff and Planning Commission. WHEREAS, upon vacation of the above-described utility easement, public interest in the property will accrue to: Lot Five, Block One, Tousley Commercial Park NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that is is in the public interest to grant the above-described vacation on the basis of the following findings of fact: 1. This easement was mistakenly established 85 feet east of the storm sewer that it was created for. 2. An easement in the proper location has been obtained by theCity. 3. There are no plans to use the existing easement. Seconded by Councilmember Wasiluk. Ayes - all. 5. 7:40 P.M., Plan Amendment and P.U.D. Revision: Casey Lake Development: County Road C and White Bear Avenue (4 Votes) a. Mayor Greavu convened the meeting for a public hearing regarding the request of Smith Investment Properties for Plan Amendment and Planned Unit Development Revision for Casey Lake Development. b. Director of Community Development Olson presented the Staff report. c. Commissioner Dave Whitcomb presented the Planning Commission recommendation. d. Attorney Tony Danna, representing Smith Investment Properties, 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. - 6 - 6/9 h. Councilmember Bastian introduced the following resolution and moved its adoption: 86 - 6 - 102 WHEREAS, Smith Investment Properties initiated an amendment to the Maplewood Comprehensive Plan from LSC, limited service commercial to RM, residential medium density for the property northeast of the intersection of White Bear Avenue and County Road C. This property is more commonly described as the former Harmony School site. WHEREAS, the procedural history of this plan amendment is as follows: 1. The Maplewood Planning Commission held a public'. hearing on May 19, 1986, to consider this plan amendment. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Planning Commission recommendedto the City Council that said plan amendment be approved. 2. The Maplewood City Council considered said plan amendment on June 9, 1986. The Council considered reports and recommendations from the Planning Commission and City staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above-described plan amendment be approved on the basis of the following findings of fact: ' 1. The City had found in the previous plan amendment that this site is acceptable for senior housing. 2. Construction of additional housing for senior citizens, rather than commercial, would increase green area and reduce traffic. 3. Multiple dwelling use of this site would be compatible with adjacent existing and planned uses. 4. The LSC designation was originally established at the request of the applicant when the S, school designation was amended. Seconded by Councilmember Anderson. Ayes - all. i. Councilmember Bastian introduced the following resolution and moved its adoption: 86 - 6 - 103 WHEREAS, Smith Investment Properties initiated a conditional use permit revision for the former Harmony School site planned unit development of older- adult housing and commercial uses, including parking space variances, at the following-described property: Beginning at the intersection of White Bear Avenue and the south line - 7 - 6/9 of the SW 1/4; thence northerly along said centerline 420.55 feet; thence east parallel with said south line 311 feet; thence northerly parallel with said centerline 140 feet, thence due north 107.07 feet, thence east 391.55 feet to a point 658.95 feet north from said south line, thence to said south line at a point 200 feet west of SW 1/4; thence west to beginning, subject to roads in Section 2, Township 29, Range 22. WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit revision was initiated by Smith Invest- - ment Properties, pursuant to the Maplewood Code of Ordinances. 2. The original conditional use permit was approved by the Maplewood City Council on November 6, 1985. 3. The Maplewood City Council held a public hearing on June 9, 1986, - to consider a revision to this conditional use permit. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the conditional use permit be amended for the Harmony School site (now referred to as theCasey Lake) planned unit development, including the following - variances: 1. Allow 62 total parking spaces for the 62-unit seniors' residence, rather than the 124 required by Code. 2. Allow 31 enclosed parking spaces for the 62-unit seniors' resi- dence rather than the 62 enlcosed spaces required by the Code. Approval of the conditional use permit and variances is subject to: 1. If Council determines that there is insufficient on-site parking - for the 62-unit seniors' residence, within one year of 95~ oc- cupancy, additional parking may be required. 2. Maplewood and North St. Paul shall have continued use of the athletic facilities in the northeast portion of the site until that part of the site develops provided the use of these faci- lities does not interfere with the applicant's use of the property. 3. The 62-unit seniors' residence shall not be converted to non- seniors' housing without revision of the planned unit develop- ment. For purposes of this permit, seniors' housing is defined as a residence occupied by persons in their retirement years with a significant number of one-person households. - 8 - 6/9 4. The auditorium attached to the 62-unit seniors' residence shall only be used by the residents of that building. Public assembly unrelated to senior use would be prohibited without a revision of this permit. 5. The proposed 575 square-foot units in the 62-unit residence (October 8, 1985 plans) shall be increased in area to at least 580 square feet of habitable floor area. 6. Adherence to the site plan date-stamped April 21, 1986, except as required in these conditions, unless a change is approved by the Community Design Review Board. 7. The parking lot northwest of Building A shall be revised as follows: a. To include at least 23 "future" parking spaces. b. Increase the 16 spaces to be built with Building A to - 23 spaces. (See Condition 8.) 8. Delete the tenant/visitor parking spaces from the south side of Building A. This area shall be restricted to a service entrance and trash pick up. The area shall be set back at least 15 feet from the County Road C right-of-way and screened from White Bear Avenue according to code screening requirements. 9. Amend the site plan to include as many garden plots as practical for the residents of the 62-unit structure to comply with the housing plan policies for elderlyhousing developments. The lo- cation of these plo,is, shall;:be, approved_~y'the Community Design Review Board. 10. Include standard sidewalks along White Bear Avenue and County Road C frontages. 11. P.U.D. shall be reviewed for possible increase in parking and garage spaces to meet City standards in the rental spaces open up to general population instead of the targeted senior popula- tion as defined by the record before the Council. Approval of the planned unit develo_p_ment is recommended 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 detri- mental 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. - 9 - 6/9 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, suchas 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 of the parking space variance is recommended on the basis of the following findings of fact: 1. The parking space requirements contained in the zoning code do not realistically apply to the proposed development because these requirements are designed for family housing and do not consider the fewer number of cars per unit needed for senior housing. 2. The variances would be consistent with the purpose of this chapter because they would not result in the need to park vehicles off-site and because they would be consistent with similar variances granted for the Hazel Ridge and Concordia Arms seniors' residences. No parking problem has occurred at Concordia Arms. Hazel Ridge is scheduled for construction in the Summer of 1986. 3. The planned unit development would produce a development of equal or superior quality tothat which would result from strict ad- herence to the provisions of this chapter. 4. The variances would not constitute a threat of a substantive nature to the property values, safety, health or general welfare of the owners or occupants of adjacent or nearby land, nor be detrimental to the health, safety, morals or general welfare of the people. 5. The variances are required for reasonable and practicable physical development and are not required solely on the basis of financial considerations. 6. If a parking problem were to occur, adequate room exists on the site to provide additional parking spaces. Seconded by Councilmember Anderson. Ayes - all. - - 10 - 6/9 G. AWARD OF BIDS 1. Snow Plows and Hitches a. Councilmember Juker introduced the following resolution and moved its adoption: 86 - 6 - 104 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Mac Oueen Equipment Company in the amount of $97,853.00 is the lowest responsible bid for furnishing and installing seven (7) 12-foot reversible front plows, seven (7) 10-foot wing ploWS and seven (7) quick hitches, and the S4ayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilmember Wasiluk. Ayes - all. 2. Connor Avenue - Project 84-10 a. Councilmember Bastian introduced the following resolution and moved its adoption: 86 - 6 - 105 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Ashbach Construction Company in the amount of $77,405.50 is the lowest responsible bid for the construction of Connor Avenue from Highway 61 to Maplewood Drive, 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 Mayor Greavu. Ayes - all_ _ H. UNFINISHED BUSINESS 1. P.U.D. Preliminary Plat and R.O.W. Vacations: Cave's English Street Second Addition (Reconsideration) (4 Votes). a. Manager Lais presented the Staff report. b. Mr. Sam Cave, Ed Cave and Sons, spoke on behalf of the proposal. - c. The following area residents voiced their'~.opinions: Mr. Jules Loispersbeck, 2156 English Street Mrs. Domingo Bernal, 2200 English Street d. Councilmember Anderson moved to approve the Cave's English Street Second Addition Preliminary Plat for five single dwellings and sixteen (16) con- dominiums. Seconded by Mayor Greaw. ~ Ayes - Mayor :Greavu, Coundilmembers Anderson, Juker and Wasiluk Nay - Councilmember Bastian. - 11 - 6/9 e. Councilmember Anderson introduced the following resolution and moved its adoption: 86 - 6 - 106 WHEREAS, Ed Cave and Sons initiated a conditional use permit for planned unit development of five single dwellings and 36 condominiums at the following-described property: Lots 21, 22, 23, 24, 25, and 26, Block 12, lying South of _ County Road "B"; all of Block 13 and Lots 1, 2, 3, 4, 5, and 6, Block 20, all in Sabin Addition to Gladstone, Ramsey County, Minnesota, and vacated streets and alleys accruing. WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was initiated by Ed Cave and Sons, Inc., pursuant to the Maplewood Code of Ordinances. 2. This conditional use permit was reviewed by the Maplewood Planning Commission on April 7, 1986. The Planning Commis- sion recommended to the City Council that said permit be approved. 3. The Maplewood City Council held a public hearing on May 12, 1986. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an oppor- tunity to be heard and present written. statements. The Council also considered reports and recommendations of the City Staff and Planning Commission. The Council denied the application. 4. On June 9, 1986, the City Council reconsidered a revised proposal which reduces the condominium units from 36 to 16 and deops the requirement for an area storm water project. 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 chanter. 2. The establishment or maintenance of the use would not be detri- mental 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. - 12 - 6/9 6. The use would generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access or parkingneeds 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 costfor public facilities and services; and would not be detrimental to the welfare of the City. 9. The use would preserve and incorporate the site's natural and scenic features into the development design. 10. The use would cause minimal adverse environmental effects. Approval is subject to: Adherence to the site plan, dated May 22, 1986, unless a change is _ approved by the City's Community Design Review Board. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Wasiluk Nay - Councilmember Bastian. f. Mayor Greavu introduced the following resolution and moved its adoption: 86 - 6 - 107 WHEREAS, Ed Cave and Sons initiated proceedings to vacate the public interest in the following described rights-of-way located in the Sabin Addition, Ramsey County: 1. Sandhurst and Second Avenues from the East right-of-way line of English Street to the West line of the Burlington Northern Railroad right-of-way; 2. The alley right-of-way in Block 13; WHEREAS, the procedural history of this vacation is as follows: 1. A majority of the owners of property abetting said alley and street rights-of-way have signed a petition for this vacation; 2. This vacation was reviewed by the Planning Commission on April 7, 1986. The Planning Commission recommended to the City Council that this vacation be approved. 3. The City Council held a public hearing on May 12, 1986, to con- sider this vacation. Notice thereof was published and mailed pursuant to law. All persons present at this hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City Staff and Planning Commission. The vacations were not approved. - 13 - 6/9 4. On June 9, 1986, the City Council reconsidered the vacations, WHEREAS, upon vacation of the above-described street and alley rights-of-way, public interest in the property will accrue to the fol- lowing described abutting properties, all in the Sabin Addition, Ramsey County: Lots 15 - 27, Block 12 Lots 1 - 24, Block 13 Lots 1 - 11, Block 20 NOW', THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that it is in the pulz3,ic interest to grant the above-described vacation on the basis of the following findings of fact: 1. The alley right-of-way does not serve as a primary or secondary access to the adjoining property. 2. The adjoining properties are undeveloped and under one owner- - ship, with general site access from County Road B and English Street. 3. Replatting of the site is necessary to eliminate the present substandard-sized platted lots. This vacation of Second Avenue is subject to the retention of a thirty~footwde!utility easement, centered on~~.the Secorid'AVenue~~night- of-way center line, from the east right-of-way line 'of .English Street to the Northerly extension of the East line of Lot 7, Block 20, Sabin Addition, Ramsey County. Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu; Councilmembers Anderson, Juker and Wasiluk Nay - Councilmember Bastian. 2. P.U.D. and Plan Amendment: McKnight And Larpenteur Avenue a. Manager Lais stated Council gave preliminary approval on May 22, 1986, to a planned unit development for a convenience store, retail uses and office uses. Council denied the request to include motor fuel sales. T:he appropriate resolution is presented for final action. b. Councilmember Bastian introduced the following resolution and moved its adoption: 86 - 6 - 108 WHEREAS, Robert Novak initiated a conditional use permit for a planned unit development of office, commercial and service uses, including convenience motor fuel sales at the following described • property: Lot Three, Block One, Maple Woods Estates WHEREAS, the procedural history of this conditional use permit is as follows: - 14 - 6/9 1. This conditional use permit was initiated by Robert Novak, pursuant to the Maplewood Code of Ordinances. 2. This conditional use permit was reviewed by the Maplewood Planning Commission on May~5, 1986. The Planning Commission recommended to the City Council that said permit be approved. 3. The Maplewood City Council held a public hearing on May 22, 1986. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The. Council also considered reports and recommendations of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the - above-described conditional, use permit, except for the motor fuel sales, 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 detri- mental 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 .di strict. 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 no traffic on local streets and would not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area properties. 7. The use would be 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 pond on the site into the development design. 10. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. Adherence to the site plan, dated April 30, 1986, except that changes to the site plan may be approved by the Community Design - 15 - 6/9 Review Board and the fuel sales shall be omitted, 2. All uses shall conform with the BC (M), business commercial (modified) zoning district requirements. 3. Community Design Review Board approval of building elevation, drainage, landscaping and signage plans shall be received before a building permit is issued for Phase 2. The Community Resign Review Board's conditions of approval shall include, but not be limited to: (a) All areas in Phases II and III that are graded to develop Phase I shall be seeded. (b) The north wall o£ the Phase I building shall be aesthetically compatible with the remainder of structure until added onto. - (c) The trees proposed along the north boundary of the site between McKnight Road and the pond, along with any additional plantings that may be required shall be planted before Phase 2 is occupied. The trees proposed on the site plan west of the pond shall be planted on a berm. (d) The trees planted along the west boundary of the pond and along thenorth boundary of the site, west of the pond, shall, be evergreen species with a height at maturity of not less than 30 feet and retain their branches close to the ground. These trees together with other plantings shall at thetime of planting, produce screening of not less than six feet in height above the parking lot elevation and be at least 88 per- cent opaque. (e) No building additions shall be permitted which would increase a structure's height to greater than one story, (f) Before a building permit may be issued, recordable quit-claim deeds for the following easements shall. be submitted to the-City Engineer: (1) A storm sewer ponding easement over the north- east and easterly portions of the site. The legal description shall be approved by the City Engineer. (2)- A five-foot wide utility easement along the entire south bondary of the site. (q) Prior to the issuance of a grading permit for any portion of the site: (1) An erosion control plan shall be submitted to and approved by the City Engineer. - 16 - 6/9 (2) Final grading, drainage and utility plans shall be approved by the City Engineer. 4. As a condition of occupancy for Phase III the stormwater pond referred to in condition 3 (f) (1), along with any. associated storm sewer facilities shall be constructed. 5. The proposed construction must be substantially started ,j within one year of Council approval or the permit shall become null and void. A six-month time extension may be requested as allowed in Section 36-442 (d) of City code. Approval of the motor fuel sales is denied on the basis that motor fuel sales would: 1. Not be compatible. with the character of the neighborhood. 2. Depreciate property values. 3. Be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to noises, odor, fumes, or other nuisances. 4. Generate traffic on local streets and create traffic con- gestion and unsafe access that would cause undue burden to area properties. Seconded by Councilmember Anderson Ayes - Mayor Greavu, Councilmembers Bastian and Wasiluk Nays - Councilmembers Anderson and Juker Motion carried. 3. Public Hearing for Water Service District No. 6 (Project 86-03) a. Manager Lais stated decision relating to Water Service District No. 6 improvement was delayed to this meeting when a full Council would be in attendance . b. Mayor Greavu introduced the following resolution and moved its adoption: 86-6-109 WHEREAS, after due notice of public hearing on the construction of trunk water main, pump station improvements and water tower in Water Service District No. 6, a hearing on said improvement in accordance with the notice duly given was duly held on June 4, 1986, and the Council has heard all persons desiring to be heard on the matter and has fully con- sidered-the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, - MINNESOTA, as follows: 1. That it is advisable, expedient, and necessary that the City - 17 - 6/9 of Maplewood construct trunk water main, pump station improvements and water tower in Water Service District No. 6 as described in the notice of hearing thereon, and orders the same to be made. 2. The City Engineer is designated Engineer for this improvement and is hereby directed to prepare final plan and specifica- tions for the making of said improvement. Seconded by Councilmember Anderson. Ayes - all. 4. Plan Amendment - North of Stillwater Road a. Manager Lais presented the Staff report. b. Councilmember Bastian introduced the following resolution and moved its adoption: 86 - 6 - 110 WHEREAS, the City of Maplewood initiated an amendment to the Maplewood Comprehensive Plan to move a water tower designation from south of Stillwater Road, west of Century Avenue to the school dis- trict property west of Ferndale Street, north of Stillwater Road. WHEREAS, the procedural history of this plan amendment is as follows: 1. The Maplewood Planning Commission held a public hearing on June 2, 1986, to consider this plan amendment. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and pre- sent written statements. The Planning Commission recommended to the City Council that said plan amendment be approved. 2. The Maplewood City Council considered said plan amendment on June 9, 1986. The Council considered reports and recommenda- tions from the Planning Commission and City Staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above-described plan amendment be approved on the basis of the following findings of fact: The school district site is preferred to the rear yard site because: 1. The tower':s height would be less obtrusive to commercial and school district uses than if surrounded by single dwellings. 2. The access road would not have to run between single dwellings. 3. The cost would likely be less because the access road would be - significantly shorter and an easement(s) would have to be ob- tained from only one property owner (school district) rather than probably more than one owner in the case of the presently planned location. - lR - c/n Seconded by Mayor Greavu. Ayes - all. I. NEW BUSINESS 1. Tax Exempt Financing Charge: Century Ridge Apartments. a. Councilmember Bastian introduced the following resolution and moved its adoption: 86 - 6 - 111 RESOLUTION REAFFIRMING AUTHORIZATION OF A PROJECT AND HOUSING PROGRAM UNDER MINNESOTA STATUTES, CHAPTER 462C (MUNICIPAL HOUSING PROGRAMS) AND AUTHORIZING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS TO REFUND BONDS PREVIOUSLY ISSUED TO FINANCE THE PROJECT AND PROGRAM AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS IN CONNECTION THEREWITH BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, as follows: 1. The Council has previously received a proposal from Lexington Investment Co., a Minnesota general partnership (the "Company") that the City undertake to finance a certain Project and multi- family rental housing program for such Project as herein de- scribed, pursuant to Chapter 462C, Minnesota Statutes (the "Act") and has previously issued its $3,750,000 Variable Rate Demand Purchase Multifamily Housing Revenue Bonds, Series 1985 (Lexing- ton Investment Co. Project) (the "1985 Bonds"), to finance such Project. 2. The Company now desires to refund the 1985 Bonds through the is- - suance by the City, of $2,900,000 Multifamily Housing Development Revenue Bonds. The Project as described above will 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 assist such per- - sons in obtaining decent, safe and sanitary housing at rentals they can afford; encourage the development of blighted or underutilized land and structures within the boundaries of the City; and will otherwise further the policies and purposes of the Act; and the findings made in the Preliminary Resolution adopted by this Council on September 9, 1985, with respect to the Project are hereby ratified, affirmed and approved. 3. It is proposed that, pursuant to a Loan Agreement dated as of June 1, 1986, between the City as Lender and the Company as Borrower (the "Loan Agreement")., the City loan the proceeds of the Bonds to the Company to refund the 1985 Bonds on July 1, 1986. The Basic Pay- ments to be made by the Company under the Loan Agreement are fixed - 19 - 6/9 so as to produce revenue sufficient to pay the principal of, premium, if any, and interest on the Bonds when due. It is further proposed that the City assign its rights to the Basic Payments and certain other rights under the Loan Agreement to First Trust Company, Inc., in St. Paul, Minnesota (the "Trustee") as security for payment of the Bonds under an Indenture of Trust dated as of June 1, 1986 (the Indenture") between the City and the Trustee. The acquisition, construction, operation and oc- cupancy of the Project will conform to the terms and conditions of a Regulatory Agreement (the "Regulatory Agreement") dated as of December 1, 1985, as amended on June 1, 1986, between the City, the Company and the Trustee and a Declaration of Restrictive Covenants (the "Declaration") executed by the Company and to be reoorded as a covenant and restriction running with the land on which the Project is located. 4. This Council, by action taken on September 9, 1985, adopted a - resolution giving preliminary approval to a proposal to finance a project substantially the same as the Project; and on or about December 5, 1985, the Minnesota Housing Finance Aqency gave ap- proval to the proposed financing program for the Project. 5. In connection with the issuance of the Bonds, forms of the follow- ing documents have been submitted to the Council for approval: (a) The Loan Agreement. (b) The Indenture. (c) The Bond Purchase Agreement. (d) The proposed amendment to the Regulatory Agreement. (e) The proposed amendment to the Declaration (not executed by the City).. 6. It is hereby found, determined and declared that: (a) the Project described in the Loan Agreement and Indenture referred to above constitutes a Project authorized by the Act and the financing program for the Project is author=. ized by the Act; (b) the purpose of the Project and the program for the Project is, and the effect thereof will be, to promote the public welfare by the acquisition, construction and equipping of rental hous- ing ;:~Eacilities for assisting persons of low and moderate in- come within the City to obtain decent, safe and sanitary hous- ing at rentals they can afford; (c) the acquisition, construction and installation of the Project, the issuance and sale of the Bonds, the execution and delivery - 20 - 6/9 by the City of the Loan Agreement, the Indenture, the Bond Purchase Agreement and the Regulatory Agreement (collectively the "Agreements"), and the performance of all covenants and agreements of the City contained in the Agreements, and of all other acts and things required. under the constitution and laws of the State of Minnesota and City Charter to make the Agreements valid and binding obligations of the City in accordance with their terms, are authorized by the Act; (d) it is desirable that the Company be authorized, in ac- cordance with the provisions of the Act and subject to the terms and conditions set forth in the Loan Agreement, Regulatory Agreement .and Declaration, which terms and conditions the City determines to be necessary, desirable and proper, to acquire and install the Project by such means as shall be available to the Company and in the man- e ner determined by the Company, subject to the terms of the aforesaid agreements; (e) it is desirable that the Bonds be issued by the City upon the terms set forth in the Indenture; (f) the Basic Payments under the Loan Agreement are fixed to produce revenue sufficient to provide for the prompt pay- ment of principal of, premium, if any, and interest on the Bonds issued under the Indenture when due, and the Loan Agreement, Indenture and Regulatory Agreement also provide that the Company is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assess- ments levied upon or with respect to the Project Premises and payable during the term of the Loan Agreement, Indenture and Regulatory Agreement; (g) as provided in the Loan Agreement and Indenture, the Bonds are not to be payable from or charged upon any funds other than the revenues pledged to the payment thereof; the City is not subject to any liability thereon; no holder of any Bonds shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the Bonds or the interest or premium if any, thereon, or to enforce payment thereof against any property of the City except the interests cif the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall not consti- tute a charge, lien or encumbrance, legal or equitable, upon any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall recite that the Bonds are issued without moral obligation on the part of the state or its poli- tical subdivisions, and that the Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof and that the Bonds shall not constitute a debt of the City within the meaning of any constitutional or statu- tort' limitation; and - 21 - 6/9 (h) a public hearing on the Project was duly held by the City Council on July 22, 1985. - 6. Subject to the approval of the City Attorney and the provisions of Section 9 of this Resolution, the forms of the Agreements and exhibits thereto-are approved substantially in the form submitted and on file in the office of the City Clerk. The Agreements, in substantially the form submitted, are directed to be executed in - the name and on behalf of the City by the Mayor and the City Clerk. Any other documents and certificates necessary to the transaction described above shall be executed by the appropriate City officers. Copies of all of the documents necessary to the transaction herein described shall be delivered, filed and recorded as provided herein and in said Loan Agreem®nt and Indenture. 9. The City shall proceed forthwith to issue its Bonds, in the form and upon the terms set forth in the Indenture and this Resolution. The Bonds shall bear interest at the rate of interest set forth in the Indenture. The Bond Purchaser shall purchase the Bonds for an amount equal to $2,784,000 which is 96~ of the principal amount of the Bonds, and the offer of the Bond Purchaser to so purchase the Bonds is hereby accepted. The Mayor and City Clerk are authorized and directed to prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee for authentication and delivery to the Bond Purchaser. 8. The Mayor and City Clerk and other officers o£ the City are authorized. and directed to prepare and furnish to the Bond Purchaser certified copies of all proceedings and records of the City relating to the bonds, and such other affidavits and certificates as may be re- quired to show the facts relating to the legality of the Bonds as such facts appear from the books and records in the officers' cus- tody and control or as otherwise known to them; and all such certi- fied copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the - truth of all statements contained therein. 9. The approval hereby given to the various documents referred to above includes approval of such additional details therein as may be neces- sary and appropriate and such modifiications thereof, deletions there- from and additions thereto as may be necessary and appropriate and ap- proved by the City Attorney and the City officials authorized herein to execute said documents prior to their execution; and said City Attorney and City officials are hereby authorized to approve said changes on behalf of the City. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In the absence (or inability) of the officials authorized herein to execute any of the documents herein referred to, the documents may be executed by any officer or member of the City acting in their behalf. Passed: June 9, 1986 - 22 - 6/9 Mayor Attest City Clerk .(SEAL) Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmember Bastian and Wasiluk Nay - Councilmembers Anderson and Juker 2. H.R.A. Annual Report a. Councilmember Bastian moved to accept the H.R.A.'s Annual Report for March, 1985 through February, 1986. Seconded by Mayor Greavu. Ayes - all. 3. Planning Commission - Rules of Procedures a. Mayor Greavu moved to approve the following amendment to the Planning Commission's Rules of Procedures: When a vacancy occurs, the Director of Community Development shall advertise for candidates in the official newspaper and the East-Side section of the St. Paul paper. In addition, candidates that were not , appointed to the last vacancy shall also be notified. The Planning Commission shall interview all candidates and recommend one name to the City Council. Selection of the candidates shall be done by a written ballot. Each commissioner shall vote for not more than three candidates, listing them in order of preference, and sign his or her ballot. The Chairman shall announce the vote of each member and tally the votes, giving three points to the first choice, two points to the second choice and one point to a third choice. The commission shall make its recommendation based on qualifications and a representative geographical distribution of members. The names of the candidates with the highest total votes shall be submitted to the Council, along with the voting record for all the candidates. The recommended candi- date shall be invited to the City Council Meeting. If the candidate meets with the approval of the City Council, the Council may then make the appointment. Candidates that are not appointed shall be notified of the results by the Director, thanked for their application, notified of other City commission openings and advised that their application will be considered for the next vacancy, if one occurs within the next two years. Seconded by Councilmember Bastian. Ayes - all. 4. Approve Award of County Bid for Frost Avenue Project. a. Mayor Greavu introduced the following resolution and moved its adoption: - 23 - 6/9 86 - 6 - 112 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Forest Lake Contracting in the amount of $1,099,827.02 for the reconstruction of Frost Avenue between Adele Street and Birmingham Street, City Project 83-O1, is the lowest responsible bid, and the City Council of Maplewood, Minne- sota, concurs with Ramsey County entering into a construction contract for this project with the low bidder. Seconded by Councilmember Juker. Ayes - all. _ 5. Budget Transfer: Safety Training a. Councilmember Juker requested that budget transfers not be placed ,on Consent Agenda. b. Councilmember Juker moved to approve the budget transfer in the amount _ of $1350.00 from the Contin ency Account to the Safety Training Account. Seconded by Mayor Greavu. Ayes - all. J. VISITOR PRESENTATION 1. Ken Mahle, Woodbury Councilmember Mr. Mahle introduced himself to the Council and stated he was going to several municipalities observing their operations. 2. Mr, Gary Gerke, 1252 Cope Avenue a. Mr. Gerke stated he wishes to construct a storage shed on the back portion of his property but before he can do that he would have to vacate the alley. He requested Council initiate such a hearing as he didn't believe the cost to him to vacate the alley would be a benefit. b. No action taken. 3. Mr. and Mrs. Paul Hasse, 385 E. Eldridge a. Mr. and Mrs. Haase, stated Mr. Richard Schreier is building a home along an unimproved and undesignated portion of Arkwright. They are requesting Arkwright be improved from Eldridge north to County Road B so they can build along their Arkwright property. They do not feel it is fair Mr. Schreier can use a portion of the Arkwright Street right of way as his private driveway. b. Council directed the Hasses' to petition for the street improvement. K. COUNCIL PRESENTATIONS 1. Letter from Mrs. Gerke Deletedfrom Agenda 2. B.C.M. - Withdrawal - 24 - 6/9 a. Councilmember Anderson stated he wishes to withdraw his request for BC zoning instead of B.C.M. zoning on Brand Avenue. 3. Special Use Permits a. Councilmember Anderson requested Staff research the possibilities of eliminating Special Use Permits from B.C.M. Zoning. b. Staff with research. 5. Vacations (Personnel) a. Councilmember Anderson stated that a date should be set for all employees who have vacation time in excess of their limits to use the time or relinquish it. b. All excess vacation will have to be used by December 31, 1987. 6. Gambling Ordinance. a. Councilmember Bastian requests a revised gambling ordinance be placed on next Agenda. b. Staff will research. 7. Lakewood - Dumping a. Councilmember Bastian asked how the cleanup of the Lakewood dumping area is coming. b. City has cleaned their area and is now asking Robert Tilsen to clean up their area. 8. Tax Exempt Financing a. Councilmember Wasiluk stated the criteria for the tax exempt financing has been - developed and requested it be placed on the next Agenda. 9. Multiple dwelling regulations and licensing a. Councilmember Juker presented an ordinance from Brooklyn Park regarding regulations and licensing of apartment buildings. b. Staff will investigate. 10. Manager's Evaluation Meeting a. Council established a meeting June 12, 1986, 5:30 P.M. at the Public Works' Cafeteria for the Manager's evaluation. ADMINISTRATIVE PRESENTATIONS None. M. ADJOURNMENT 9:39 P.M. - 25 - City Clerk 6/9