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HomeMy WebLinkAbout07.14.86 MIP7UTE5 OF MAPLEWOOD CITY COUNCIL - 7:00 P,M., Monday, July 14, 1986 Council Chambers, Municipal Building Meeting No. 86 - 16 A. CALL TO ORDER A regular meeting of the City Council of P4aplewood, Minnesota, was held in the Council Chambers Municipal Building, and was called to order at 7:12 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Nozman G. Anderson, Councilmember Present Gazy [4. Bastian, Councilmember Present Francis L. Juker, Councilmember Present Charlotte Wasiluk, Councilmember Present C. APPROVAL OF D12NUTES None D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Council Salaries 2. 4th of ,7uly Celebration 3. E.A. - Arts Task Force 4,. Gladstone Reunion 5. Williams Pipeline 6. Letter - Len Price - 7. Upper Afton Road 8, Frost Avenue Seconded by Councilmember Bastian. Ayes - all. E. CONSENT AGENDA Councilmember Bastian moved, seconded by Mayor Greavu, Ayes - all, to approve the Consent Agenda, Items 1 through 3, as recommended. 1. Accounts Payable Approved the accounts (Part I - Fees, Expenses, Services, Check register dated June 27, 1986 through July 2, 1986 - $864,451.00: Part II, Payroll dated June 27, 1986 - $140,776.15) in the amount of $1,005,227.15. 2. Donation: Cub Foods, Rice Street Youth Soccer Program Accepted the donation of $466.79 from the Rice Street Cub Foods Store and placed it in the Youth Soccer Program Supplies Account (O1-4120-208-63) and will forward a letter of appreciation. 7/14 3. Donation: Fire Department and Paramedics .r'; Accepted the donation of $100 from the Urbanski Family, 1922 Ripley and give $50 to the Gladstone Fire Department and the other $50 to the Maplewood _ Paramedics and forward a letter of appreciation. F. PUBLIC HEARINGS 1. 7:00 P.M., Variance: 388 Viking Drive (Johnson) - a.. Mayor Greaw convened the meeting for a public hearing regarding the request of AlbertJOhnson, 388 Viking Drive, for approval of a lot area variance to divide a lot into two single dwelling lots. b. Director of Community Development Geoff Olson presented the Staff report. c. Commissioner Bob Cardinal presented the Planning Commission recommendation. d. Mrs. Betty Johnson, wife of the applicant, spoke on behalf of the proposal. Her daughter, Mrs. Griffin, also spoke. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greaw called for opponents. The following were heard: Mr. Richard LancJ, 366 Lark Mike and Diane Perry, 379 Lark Ms. Tammy Svendsen, 359 Lark Mr. M. Ettle, 376 Lark Mr. Jim Johnson, 350 E. Viking Drive Mr. Steve Thureson, 370 Lark Mr. George Rossbach, 1406 E. County Road C. g. Mayor Greavu closed-the public hearing. h. City Attorney Patrick Kelly presented a legal opinion pertaining to lot width variance. i. Councilmember Bastian moved to deny the lot width variance as requested by Albert Johnson, 388 E. Viking Drive. Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson, Bastian, Juker and S4asiluk Nay - Mayor Greavu. 2. 7:10 P.M., Plan Amendment/Variances and Preliminary Plat Cave's Sterling Addition (4 Votes required for Plan Amendment) a. Mayor Greaw convened the meeting for a public hearing regarding the request of Ed Cave and Sons, Inc., for the following: 1. Amend the land use plan to reduce the planned open space of this parcel and the parcel to the west. - 2 - 7/14 2. Approve rear-yard setback variances for Lots 5, 6 and 7, Block 1. 3. Approve a 17-lot single dwelling preliminary plat with an outlot for future development. b. Director of Community Development Olson presented the Staff report. c. Commissioner Bob Cardinal presented the Planning Commission recom- mendation. d. Mr. Sam Cave, representing Ed Cave and Sons spoke on behalf of the proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. The following were heard: Mr. Gary McCready, 1590 Sterling Mr. Gerald Zerwas, 1640 Sterling Mr. Jeff Joope, Attorney for Hillcrest Development Mr. Gregory Junek, 2430 E. Larpenteur Mr. Jim Bergman, Trades Council, asked questions g. Mayor Greavu closed the public hearing h. Plan Amendment Mayor Greavu introduced the following resolution and moved its adoption: 86- 7- 124 WHEREAS, Ed Cave and Sons, Inc., initiated an amendment to the Maplewood Comprehensive Plan from OS, open space to RL, residential low density for the property west of Sterling Street, south of Lar- penteur Avenue. WHEREAS, the procedural history of this plan amendment is as follows: 1. The Maplewood Planning Commission held a public hearing on July 7, 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 July 14, 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 fol- lowing findings of fact: - 3 - 7/14 1. Since the comprehensive plan was approved, the City has adopted an environmental protection ordinance. This ordi- nance requires that a wetland be preserved when it is needed for drainage ponding or water quality treatment purposes. The pond on this site is not needed for either purpose. 2. Preservation of 51 percent of the existing pond and the creation of a storm water detention pond on the south end - of the site, constitutes the preservation of a reasonable amount of wetland area. 3. The proposed density would be 14 percent less than permitted in low density residential areas. Requiring a further reduc- tion in the density to preserve more of this pond would be unreasonable and inconsistent with the density guarantee pro- vision of the environmental protection ordinance. Seconded by Councilmember Anderson. Ayes - all. i. Variances Mayor Greavu introduced the following resolution and moved its adoption: 86- 7- 125 WHEREAS, Ed Cave and Sons, Inc., applied for a variance for the following-described property: The east one-half of the east one-half of the NW 1/4 of the NW 1/4 of Section 24, Township 29, Range 22. This property is also known as 1659 North Sterling Street, Maplewood; WHEREAS, Section 36-72 (a) of the Maplewood Code of Ordinances requires a rear-yard dwelling setback equal to or greater than 20 percent of the depth of a single-dwelling lot; WHEREAS, the applicant is proposing for Cave's Sterling Street Addition: a. Lot 5, Block 1: 17 feet of setback requiring a variance of 23 feet; b. Lot 6, Block 1: 47 feet of setback requiring a variance of 12 feet; c. Lot 7, Block l: 15 feet of setback requiring a variance of 44 feet; WHEREAS, the procedural history of this variance is as follows: 1. This variance was applied for on May 13, 1986. - 4 - 7/14 2, This variance was reviewed by the Maplewood Planning Commis- sion on July 7, 1986. The Planning Commission recommended to the City Council that said variance be approved. 3. The Maplewood City Council held a public hearing on July 14, 1986, to consider this variance. Notice thereof was published and mailed pursuant to law. All persons present at said hear- ing 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. NOW, THEREFORE, BE TT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that a rear-yard variance be approved for each of the three above-described lots to allow a dwelling to be constructed within 27 feet of the rear property line, on thebasis that: 1. Strict enforcement would cause an undue hardship, because the preservation of the pond in this area requires'-i~hatbhe homes on Lots 5, 6 and 7 be set back into the required rear- yard setback. This is a unique circumstance, not created by the landowner. 2, Approval would be in keeping with the spirit and intent of the code, because each lot would have adequate usable rear yard area. The setbacks would also not detract from the character of the existing or proposed neighborhood. Approval is subject to the resolution not being recorded until the final plat has been recorded. Seconded by Councilmember Anderson. Ayes - all. j. Preliminary Plat Mayor Greavu moved to approve the Cave's Sterling Street Addition Preliminary Plat, subject to thefollowing conditions being met before final approval: a. The west line of Lot 5, Block 1, being moved west to be 27 = feet from the existing dwelling, b, The grading plan revised for Lots 6 and 7, Block 1, to show 27 foot rear-yard setbacks. The proposed 1,002 foot contour elevation £or the pond shall not be moved to the east. c. Submittal of a developer's agreement with required surety for all required public improvements, including the construction of temporary cul-de-sacs at the west end of proposed Idaho Ave- nue and adjacent to Lot 7, Block 2 for Sterling Street. The agreement shall also require trees to be planted as required in the environmental protection ordinance. - 5 - 7/14 - d. The grading plan shall be revised to show Lot 9, Block 1, with at least 10,000 sauare feet above the proposed pond elevation. e. Submittal of soils data to the Council and an opinion from a certified soils engineer stating that Idaho Avenue can be con- structed as proposed, that dwellings can be constructed as pro- posed on Lots 8 and 9, Block 1, that the driveway for Lot 6, Block 1, can be constructed and that dwellings can be built on Lots2, 3 and 7, Block 2. f. Change the public easement shown on the west side of Outlot A to a dedicated street right-of-way and name it Mary Court. The right-of-way shall coincide with the street plan shown on Area Street Concept B, page 18 of the July 2, 1986 Staff report. g. A ponding easement shall be shown over the portion of the pond to be preserved to assure that it will not be filled in the future. - h. Lot 4, Block 2, shall be increased in area to be at least 10,000 square feet in area. i. Reference to the slope easement in the southeast part of the ' site shall be dropped. j. City Engineer approval of final grading, utility and drainage plans. k. Provide easements for temporary cul-de-sacs at the end of Sterling Street and Idaho Avenue. Seconded by Councilmember Juker. Ayes - all. 3. 7:20 P.M., Code Amendment - Parking - Vehicle Repair - First Reading a. Mayor Greavu convened the meeting for a public hearing regarding a proposal to amend the code to establish minimum parking requirement for motor vehicle repair uses. b. Director of Community Development Olson presented the Staff report. c: Commissioner Cardinal presented the Planning Commission recommendation. d. Board Member George Rossbach presented the Community Design Review Board recommendation. 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 - 7/14 h. Mayor Greavu moved first reading of an ordinance amending the code to establish minimum parking requirement for motor vehicle repair uses. Seconded by Councilmember Juke r. Ayes - all. G. UNFINISHED BUSINESS 1. Preliminary Plat and Rezoning Highwood Plat (4 Votes Required for Rezoning) a. Mayor Greavu stated this item was tabled at the June 23, 1986, Meeting until this meeting because of the concerns regarding trees, traffic, water pressure, drainage and sanitary sewer to Highwood. b. Director of Public Works Ken Haider presented the Staff report. c. Councilmember Andersonmoved to reopen the public hearingto hear public testimony on the issues that are being questioned. Seconded by Councilmember Bastian. Ayes - all. d. The following persons expressed their views: Mr. Bert Holmberg, 2511 Highwood, one of the owners of the property Mr. John Peterson, Good Value Homes. e. Councilmember Anderson moved to approve Phase i of the Highwood Preliminary Plat to create 28 single dwelling lots sub'ect to the followin conditions being satisfied before final plat approval: 1. Submittal of a developer's agreement, with required surety, to ' the City Engineer for the proposed public improvements. 2. Submittal of a recordable quit-claim deed to the City Engineer to convey a public right-of-way easement to the City for the west thirty feet of proposed Sterling Street from Highwood Avenue to the north line of Phase One. 3. Designate the southerly 33 x 207 foot portion of Lot One, Block Two as an outlot. This property will be combined with the property adjacent to the west. 4. Show a twenty-foot wide sanitary sewer easement centered on and along the north line of Lot Fourteen, Block Three. Sanitary sewer shall be constructed to the west line of 2585 Highwood Avenue. 5. Submission to the City Engineer of an easement(s) for public storm water ponding areas over portions of proposed Lots Three through Eight, Block Three and Lots Three .through Seven, and Nine through Fourteen, Block Two, all in Phase Two. The legal descriptions for these easement areas shall be approved by the City Engineer. The applicant may submit a recordable quit-claim deeds} or plat Phase Two as an outlot and show the easements on the plat. - 7 - 7/14 6. Approval of the final grading, utility and drainage plans by the City Engineer. 7. Evidence shall be submitted showing that Williams Brothers' Pipe- line has approved the width of the proposed pipeline containment .easement and that the proposed crossing of the pipeline at Valley View Avenue has been approved. 8. Evidence shall be submitted to the Director of Community Develop- ment that the private north/south access easement over the easterly part of the plat has been eliminated. Seconded by Mayor Greavu. Ayes - all. f. Mayor Greavu introduced the following resolution and moved its adoption: 86 - 7 - 126 _ WHEREAS, the City of Maplewood initiated a rezoning from F, farm residence to R-l, residence district (single dwelling) for the following-described pro- . perty: The SW 1/4 of the NE 1/4 of Section 13, Township 28, Range 22, Ramsey County, Minnesota, except the E 200 ft. of the W 544 ft of the S 240 ft of said SW 1/4, NE 1/4. WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by the City of Maplewood, pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. , 2. This rezoning was reviewed by the Paplewood Planning Commission on May 19, 1986.. The Planning Commissionrecommended to the City Council that said rezoning be approved. 3. The taplewood City Council held a public hearing on July 14, 1986, to consider this rezoning. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written state- ments. The Council also considered reports and recommendations of the City Staff and Planning Con¢nission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above- described rezoning be approved on the basis of the following findings of fact: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neigh- . boyhood, and that the use of the property adjacent to the area in- cluded in the proposed change or plan is adequately safeguarded. - 8 - 7/14 3. The proposed change will serve the best interests and conveniences - of the community, where applicable and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, - such as public water, sewers, police and fire protection and schools. 5. Rezoning would eliminate any potential nuisances associated with farm residence zoning, such as raising of livestock, that are incompatible with a single-dwelling neighborhood. Seconded by Councilmember Anderson. Ayes - all. 2. Preliminary Plat and Rezoning : Jefferson Fourth Addition (4 Votes Required for Rezoning) a. Mayor Greavu stated this item was tabled from the June 23, 1986, Meeting. b. Director of Community Development Olson presented the Staff report. c. Mr. Ken Jefferson, owner and developer of the property, spoke on behalf of the proposal. d. Councilmember Anderson moved tro approve the Jefferson Fourth Addition preliminary plat, date-stamped 6-16-86, subject to the following conditions being met before final approval: 1. Submittal of a signed developer's agreement, with required surety, for all required public improvements. This agreement shall include the construction of three temporary cul-de-sacs (Condition 3) and a ten-foot wide bituminous trail (eight feet wide if no fencing) along _ the west line of Lot One, Block One, within the proposed easement. - Fencing will not be required if the trail is constructed before the dwellings on the adjacent lots. If fencing is to be constructed, the type, location and height shall be approved by the Parks Director. _ 2. Drop reference on the plat to the temporary cul-de-sac on the north end of "Lakewood Court." - 3. A quit-claim deed(s) shall be submitted with the developer's agree- - ment to deed 108 foot diameter temporary cul-de-sacs to the City for: (a) The north end of "Lakewood Court." (b) The west end of "Valley View Drive." (c) The east end of ~"Dorland Curve" or the south end of "Lakewood Court." These easements may be located on adjoining property. 4. Change the street names as follows: (a) Show "Lakewood Court" south of Dorland Curve. (b) Change "Lakewood Court" north of Dorland Curve and southwest of - 9 - 7/14 Lot One, Block Two to "Lakewood Drive." (c) Change "Lakewood Court" between the west line of Lot One, Block Two and the east line of the plat to "Timber Avenue." (d) Change "DOrland Curve" east of Lakewood Drive to "Phylis Avenue." (e) Change "Valley View Drive" to "Valley View Avenue." 5. Lot One, Block one shall be increased to at least 100 feet in width at the building setback line and 100 feet in depth. 6. Eliminate reference to the vacated 100-foot wide drainage easement that crosses the southerly portion of Blocks Five and Six. The proposed storm sewer easement shown along the north line of Lots Twelve and Fifteen, Block Six shall be retained. - 7. Eliminate the proposed ponding easement on Lot One, Block Four. The grading plan shall be revised to restrict the ponding area to Outlot B. The storm sewer easement shall be retained. 8. A quit-claim deed(s) shall be submitted with the final plat application to: (a) Deed Outlot A to the City for park purposes. (b) Deed Outlot B to the City for drainage purposes. 9. The east property line of Outlot B shall be moved east to coincide with east boundary of the proposed drainage easement. Reference to the easement shall be eliminated. 10. A storm sewer easement shall be shown on the final plat in the south- east corner of Lot Five, Block Five for the proposed storm sewer facilities. The location of the easement shall be approved by the - City Engineer. 11. Eliminate Outlot C. The area to be dedicated for the trail use should be labeled "pedestrian way." 12. City Engineer approval of final utility, grading and drainage plans. Seconded by Councilmember Juker. Ayes - all. e. Mayor Greavu introduced the following resolution and moved its adoption: 86- 7- 127 WHEREAS, the City of Maplewood initiated a rezoning from F, farm residence to R-1, residence district (single dwelling) for the following- described properties: - 10 - 7/14 1. The Easterly 197 feet of the Southwest quarter (SW 1/4) of the Southwest quarter (SW 1/4) of the Northwest quarter (NW 1/4) of Section Thirteen (13), Township Twenty-eight (28), Range Twenty-two (22), subject to the rights of the public in highways, and 2. The North 722 feet of the East one-half (E 1/2) of the South- west quarter (SW 1/4) of the Northwest quarter (NW 1/4) of Section Thirteen (13), Township Twenty-eight North (28N), Range Twenty-two West (22W), and - 3. All that part of the East one-half (E 1/2) of the Southwest quarter (SW 1/4) of the Northwest quarter (NL4 1/4) of Section Thirteen (13),TOwnship Twenty-eight North (28N), Range Twenty- two West (22W) described as follows: - Beginning at the Southwest corner thereof running thence north 591.75 feet to a point, thence east 348.17 feet to a point which is 591.85 feet north o£ the south line of said Northwest quarter (NW 1/4), thence south 591.86 feet to a point in the South line of said Northwest quarter (NW 1/4) 347.11 feet east of the place of beginning, thence west 347.11 feet to place of beginning. Subject to public roads. WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by the City of Maplewood, pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commission on June 2, 1986. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on July 14, 1986, to consider this rezoning. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above-described rezoning be approved on the basis of the following findings of fact: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable and the public welfare. - 11 - 7/14 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public se r- vices and facilities, such as public water, sewers, police and fire .protection and schools. 5. Rezoning would eliminate any potential nuisances associated with farm residence zoning, such as raising of livestock, that are incompatible with a single-dwelling neighborhood. Seconded by Councilmember Bastian. Ayes - all. f. Mayor Greavu introduced the following resolution and moved its adoption: 86 - 7 - 128 WHEREAS, the City Council has proposed that the area described as: [water Service District No. 8 be improved by construction of trunk isater mains and elevated water tower; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MA.PLEWOOD, MINNESOTA, that the proposed improvement be referred to the City Engineer, who is hereby instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement as recommended. Seconded by Councilmember Anderson. Ayes - all. 3. Approve Plans and Specifications and Advertise for Bids for County Road C Water Main, City Project 8604 a. Councilmember Juker introduced the following resolution and moved its adootion~ 86 - 7 - 128 A WHEREAS, pursuant to resolution passed by the City Council on June 9, 1986, plans and specifications for County Road C Water Main from 200 feet west of T.H. 61 frontage road to Forest Street, Project 86-04, have been prepared by (or under the direction of) the City Engineer, who has presented such plans and specifications to the Council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the Office of the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Aulletin an advertisement for bids upon the making of such improvement under such approved plans and specifi- cations. The advertisement shall be published twice, at least ten - 12 - 7/14 days before date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and con- - side red by the Council at 10:00 A.M., on the 8th day of August, .1986, at the City Hall and that no bids shall be considered unless sealed and filed with the Clerk and accompanied by a certified check or bond, payable to the City of Maplewood, Minnesota, for 5~ of the amount of such bid. 3. The City Clerk and City Engineer are hereby authorized and in- structed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The Council will consider the bids, and the award of a contract, at the regular City Council Meeting of August 11, 1986. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Wasilulc Nay - Councilmember Bastian. 4. Assessment Objection Report on Ripley Avenue Water Main, City Project 85-04 a. Director of Public Works Haider presented the Staff report and stated a request from the Forest Lawn Cemetery Association to cancel the assessment based on the claim that the property was unbuildable was received. b. Mayor Greavu moved to deny the request of Forest Lawn Cemetery Association to cancel the assessments for Water Improvement Project 85-04 Property identified as 17-29-22-31-0024 and 17-29-22-34-0001. Seconded by Councilmember Anderson. Ayes - all. 5. Assessment Objection Report and Re:com*nendation to Award Contract on Crestview - Drive - Hudson Place Water Main, City Project 85-07. a. Director of Public Works Haider presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 86 - 7 - 129 WHEREAS, pursuant to proper notice duly given as required by law, the City Council met and held an assessment hearing on June 23, 1986, and heard all objections to the proposed assessment for the construction of Crestview Drive-Hudson Place Water Main as described in the files of the City Clerk as City Project 85-07, and has accepted said assessment roll with revisions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COULdCIL OF L7APLEWOOD, MINNESOTA: - 13 - 7/14 1. The following revisions shall become apart of the proposed assess- ment: PIN NUMBER FF ASf4T. SERVICES TOTAL O1-28-22-21-0001 229.0 $5,.725 0--$ 0 $5,725 O1-28-22-21-0027 224.5 $6,012 1--$1050 $7,062 O1-28-22-21-0028 154.3 $3,857 1--$1050 $4,907 O1-28-22-21-0029_ 108.2 $2,705 1--$1050 $3,755 O1-28-22-21-0030 100.0 $2,500 1--$1050 $3,550 O1-28-22-21-0040 135.0 $3,375 1--$1050 $4,425 2. Such proposed assessment, as amended, a copy of which is attached hereto and made apart hereof, is hereby accepted and shall consti- tute the special assessment against the. lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Juker, and Wasiluk Councilmember Bastian abstained. (He did not receive the reports for Items H-5 and H-6. c. Mayor Greavu introduced the following resolution and moved its adoption: 86- 7- 130 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of C. W. Houle, Inc., in the amount of $199,452.15 is the lowest re- - sponsible bid for the construction of Crestview Drive-Hudson Place Water Main, City Project 85-07, andthe 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 Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Juker, and Wasiluk Councilmember Bastai abstained. 6. Assessment Objection Report and Recommendation to Award Contract on North Beaver Lake Storm Sewer, City Project 83-07. a. Director of Public Works Haider presented the Staff report. - 14 - 7/14 b. Mayor Greavu introduced the following resolution and moved its adoption: 86 - 7 - 131 WHEREAS, pursuant to proper notice duly given as required by law, the City Council met and held an assessment hearing on June 23, 1986, and heard all objections to the proposed assessment for the construction of North Beaver Lake Storm Sewer Improvement as described in the files of the City Clerk as City Project 83-07, and has accepted said assessment roll with re- visions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNE- SOTA: 1. The following revisions shall become a part of the proposed assess- ment: PIN NUMBER SQUARE FOOTAGE ASSESSMENT 25-29-22-21-0005 20,790 $686.00 25-29-22-24-0053 17,877 $590.00 25-29-22-24-0054 19,115 $631.00 2. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall con- stitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assess- ment levied against it. 3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in.the same manner as othermunicipal taxes. Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers Anderson, Juker, and Wasiluk Councilmember Bastian abstained. c. t4ayor Greavu introduced the following resolution and moved its adoption: 86- 7- 132 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of C.M. Barry Construction, Inc., in the amount of $181,910.00 is the lowest responsible bid for the construction of North Beaver Lake Storm Sewer Improvements, City Project 83-07, 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 Councilmember Juker. Ayes - Mayor Greavu, Councilmembers Anderson, Juker, and Wasiluk Councilmember Bastian abstained. - 15 - 7/14 7. Resolution Hazel Ridge Bonding a. Mayor Greavu introduced the following resolution and moved its adoption: 86 - 7 - I33 RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF SECOND SUPPLEMENTAL INDENTURE TO THE INDENTURE OF TRUST RELATING TO THE $4,395,000 RENTAL HOUSING R.F'VENUE BOP7DS (HAZEL RIDGE APARTMENTS PROJECT) AND AMENDMENT TO LOAN AGREEMENT RELATING THERETO WHEREAS, the City of P~4aplewood, Minnesota (the "City") issued its $4,395,000 Rental Housing Revenue Bonds (Hazel Ridge Apartments Project) pursuant to an Indenture of Trust between the City and First Trust Company, Inc., (the "Trustee") dated as of December 1, 1985 (the "Indenture") and a Loan Agreement dated December 1, 1985 between the City and Hazel Ridge Gen- eral Partnership (the "Company") (the "Loan Agreement"); WHEREAS, pursuant to the First Supplemental Indenture relating to the Bonds dated as of May 1, 1986, the Conversion Date, which is the date the initial interest rate on the Bonds is changed to a fixed interest rate and the Bonds are publicly offered for sale was changed from May 1, 1986 to no later than November 1, 1986; WHEREAS,.the Company has made arrangements with Dain Bosworth Incorporated and Juran & Moody, Inc., (the "Underwriters") to purchase the Bonds on the Conversion Date which is currently scheduled for August 7, 1986, and remarket them in accordance with the terms of the Indenture; WHEREAS, the original Partnership Agreement of the Company has been amended and restated to include as an additional partner Walker Senior Housing Corporation IV; WHEREAS, the terms of the security for the Bonds: the Mortgage, Assign- ment of Leases and Rents, Disbursing Agreement, Declaration of Restrictions and Covenants, Title Inusrance Policy and Guaranty have bean;.dE:.terinned; YdHEREAS, the original Indenture makes reference to security which is not required by the Underwriters to remarket the Bonds and the parties wish to amend the Indenture to make it clear that such security is not required. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF MAPLEWOOD as follows: 1. That the Second Supplemental Indenture and the Amendment to Loan Agreement are hereby approved in substantially the form submitted and the Mayor and City Clerk are hereby authorized to execute and deliver such docu-. ments in the name of and on behalf of the City along with such other docu- ments as bond counsel considers appropriate in connection therewith upon approval of all documentation by the City Attorney. - 16 - 7/14 2. All other terms and provisions of the Indenture and Loan Agreement shall remain in full force and effect except as modified by the First Sup- plemental Indenture approved hereby. Adopted July 14, 1986. CITY OF MAPLEWOOD - By John C. Greavu /s/ Its Mayor By Lucille E. Aurelius /s/ Its City Clerk Seconded by Councilmember Bastian. Ayes - all. 8. Reconsideration Part-Time Clerk Typist a. Councilmember Anderson moved to reconsider the denial action taken by Council on June 23, 1986, re ardin replacing a full-time position with _ two part-time positions. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson, Juker & Wasiluk Nay - Councilmember Bastian b. Councilmember Anderson moved to waive the rules of procedures and discuss the item. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson, Juker & Wasiluk Nay - Councilmember Bastian. c. Councilmember Anderson moved approval to replace a full-time clerk-typist position in the Community Development Department with two part-time positions, including the appropriate budget adjustments. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson, Juker & Wasiluk Nay - Councilmember Bastian. I. NEW BUSINESS 1. Time Extensions Broshear's Addition a. Mayor Greavu moved to approve a one-year time extension for the Broshear's Addition, subject to the 7-22-85 conditions and renaming "Valley View Drive" to "Valley View Avenue" and Dorland Road" to "Myrtle Court" on the final plat. Seconded by Councilmember Anderson. Ayes - all. - 17 - 7/14 2. Plan Amendment Densitg Conversion Table a. Director of Community Development Olson presented theStaff report. b. Councilmember Bastian moved to refer the item to Staff for appropriate action. Seconded by Councilmember Anderson. Ayes - all. 3. Time Extension Beaver Creek Apartments a. Mayor Greavu introduced the following resolution~:and moved its adoption: 86 - 7 - 134 RESOLUTION GRANTING AN EXTENSION REGARDING THE COMMENCEMENT OF THE CONSTRUCTION AND INSTALLATION OF A MULTIFAMILY RENTAL HOUSING DEVELOPMENT IN THE CITY WHEREAS, (a) The City of Maplewood, Minnesota (the "City") issued its Variable Rate Demand Purchase Multifamily Housing Revenue Bonds, Series 1985 (Beaver Creek Apartments Limited Partnership Project) in the principal amount of $8,500,000 on December 26, 1985 (the "Bonds"), in connection with which the City entered into an Indenture of Trust (the "Indenture") dated as of Decem- ber 1, 1985, by and between the City and First Trust Company, Inc., as Trustee, and a Loan Agreement between the City and Beaver Creek Apartments Limited Part- nership (the "Borrower"); (b) The proceeds of the Bonds were loaned to the Borrower for the acquisi- tion, construction and equipping of a multifamily housing development (the "Project") approved by the City, all as further described in the Indenture and the Loan Agreement; (c) Section 3.01(4) of the Loan Agreement requires that the Company must commence construction and installation of the Facility (as defined in the Indenture) on or prior to June 26, 1986, unless the City, at the request of the Borrower, extends such date at the request of the Borrower and upon re- ceipt by the City and the Trustee of an opinion of Bond Counsel to the effect that such extension will not adversely affect the tax exempt status of the Bonds; (d) The Borrower has requested, pursuant to a written Request for Extension attached as Exhibit A hereto, that the date prior to which commencement of the construction and installation. of the Facility must occur be extended by the City, as Issuer of the Bonds, from June 23, 1986, to September 15, 1986; and (e) Briggs and Morgan, Professional Association, Bond Counsel, has ad- vised the City andrendered an opinion, attached as Exhibit B hereto, that granting such extension for the commencement of the construction and installa- tion of the Facility will not, by itself, adversely affect the tax-exempt, status of the Bonds. - 18 - 7/14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLE WOOD, MINNESOTA, that pursuant to Section 3.01(4) of the Loan Agreement, the City hereby approves the Request for Extension and extends the date prior to which the commencement of the construction and installation of the Project must occur from June 26, 1986 to no later than September 15, 1986. Adopted by the City Council of the City of Maplewood, Minnesota, this 14th day of July, 1986. Seconded by Councilmember Wasiluk. Ayes - all. 4. Parking Space Authorization Jiffy Lube a. Director of Community Development Olson presented the Staff report. b. Board PQember George Rossbach presented the Community Design Review Board recoimnendation. c. Mr. John Anderson, owner of Jiffy Lube, spoke on behalf of his proposal. d. Councilmember Bastian moved to authorize 24 parking spaces for the Jiffy Lube Auto Service Center subject to conditions of the original approved and with the following amendment: 11. The north and east side of the parking lot shall be planted with a Marshal ash every 30 feet and Red Twig dogwoods in between the trees. Rock mulch may be used. The purpose of the landscaping is to improve the appearance of the site by breaking up the asphalt areas and to shade the parking lot. Seconded by Mayor Greavu. Ayes - all. S. Parking Space Authorization and C.D.R.B. Appeal Tires Plus/Precision Tune a. Director of Community Development Olson presented the Staff report. - b. Board Member Rossbach presented the Community Design Review Board recom- mendation. c. Mr. Clyde Fish, one of the developers of the property east of the proposed development, spoke concerning the aesthetics of the proposed building. d. Mr. Tom Azack, representing Tire Plus, and Mr. Bertram, the architect, spoke on behalf of the proposal. e. Mr. Gene Wilson, representing the owners of the property to the east also spoke. f. Councilmember Juker moved to table this item until the meeting of July 28, 1986. Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson and Juker. Nays - Mayor Greavu, Councilmembers Bastian and Wasiluk Motion failed. - 19 - 7/14 g. Mayor Greavu moved (I) approval of the plans of Tires Plus and Precision Tune date-stamped June 10,1986, subject to the following conditions: 1. The site plan shall be revised to provide: a. 2:^1'/? feet of side yard setback from both side property lines for snow storage and planting. Any substantial site plan changes shall be submitted to the board for approval. b. If any of the rental areas in this building are leased to busi- nesses that do not fit the minor vehicle repair category, additional parking must be added that would meet code require- ments. 2. The building elevations shall be revised to eliminate the overhead garage doors on the areas proposed as offices. The fronts of these areas shall be treated with a regular doors, windows and decorative- block. Revisions are subject to Staff approval. 3. The roof of the building shall be one uniform color, unless the review board approves specific variations. 4. The signs shown on the plans are not approved. A complete sign plan shall be submitted for board approval as required by code. 5. Approval of plans by the Community Desiqn Review Board does not con- stitute approval of a building permit. 6. All trash dumpsters shall be stored in screening enclosures with a 100 opaque wooden gate and shall be a color and material compatible with the building. Enclosures shall be protected by concrete-filled steel posts, or the equivalent, anchored in the ground at the front corners of the structure. If the enclosure is masonry, the protective - posts may be omitted. 7. Any exterior building or roof-top equipment shall be decoratively screened and hidden from view. The screening material is subject to staff approval. - 8. An erosion control plan, acceptable to the City Engineer, shall be submitted prior to the issuance of a building permit for erosion control during construction. 9. Parking areas shall be striped and all bituminous areas shall have - continuous concrete curbing. Parking lots shall be kept in a con- - tinual state of repair. 10. If construction has not begun within two years of approval, board review shall be repeated. 11. Site security lighting :shall be provided and shall be directed or shielded so not to cause any undue glare onto adjacent properties or roadways. - 20 - 7/14 12. If any adjacent property is disturbed or property irons removed due to construction of the site, that property shall be restored and irons replaced by the applicant. 13. Grading, drainage and utility plans shall be subject to the City Engineer's approval. 14. The landscape plan shall be revised to provide evergreen plantings that would provide a year-long buffer between this automotive use and the adjacent properties. 15. All required landscape areas shall be continually and properly main- tained. 16. All required plant materials that die shall be replaced by the owner within one year. 17. The applicant shall provide a monetaryguarantee, in a form acceptable to Staff, in the amount of 150 of the estimated cost of any site im- " provements that are not completed by occupancy. 18. There shall be no outdoor storage of materials for sale or of dis- carded parts and tires. II. Approved the appeal to the Community Design Review Board conditions to authorize 36 parking spaces for the Precision Tune/Tire Plus Auto Service Center. Seconded by Councilmember Bastian. Ayes - Mayor Greavu, Councilmembers Bastian and Wasiluk Nays - Councilmembers Anderson and Joker Councilmember Anderson moved to waive the Rules of Procedures and to extend the meeting past the deadline. Seconded by Mayor Greavu. ~ Ayes - all. 6. Revised Resolution Tax Forfeited Properties a. Mayor Greavu introduced the following resolution. and moved its adoption: 86- 7- 135 WHEREAS, there presently exists within the City of Maplewood certain parcels of land which cannot be improved because of noncompliance with the City's zoning code regarding minimum area, shape, frontage or access; and WHEREAS, three of said noncomplying parcels have been purchased from Ramsey County by prospective developers; and ' - 21 - 7/14 WHEREAS, the Maplewood City Council has consistently denied approval of requested variances with reference to similar size parcels as homesites; and WHEREAS, judicial challenges of the City's denial of requested variances have been sustained; and WHEREAS, the processing of these variance requests with reference to noncomplying parcels is an unproductive use of the City's resources; and WHEREAS, the City proposes to apply to the County of Ramsey pursuant to Minnesota Statutes 282.01, to acquire property to convey certain o£ said parcels to owners of lands adjoining the tax-forfeited parcels in question for the creation of additional side yards; and WHEREAS, it is in the public interest to combine said parcels with abut- ting property for the purpose of eliminating public nuisances and returning to the tax rolls land otherwise unproductive; NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that appli- cation is hereby made to Ramsey County seeking conveyance pursuant to the provisions of Minnesota Statutes 282.01, those parcels of real property here- inbefore described. Maplewood will deed to adjoining owners of land: 1. North 1/2 of vacated alley adjoining and Lot 1, Block 2, Pflueger's Addition to Gladstone, Ramsey County, Minnesota (15-29-22-12-0005-9). 2. Vacated alley accruing and following, Lot 16, Block 5, Gladstone, Ramsey County, Minnesota (15-29-22-32-0069-1). 3.. Lot 27, Block 1, Warren and Flints .Addition to the .City of St. Paul (15-29-22-34-0079-2). 4. Outlot C, Maple Greens First Addition (25-29-22-12-0098-0). 5. Lot 4, Block 1, Edgerton Highlands (17-29-22-21-0013-6). 6. South 169 1/10 feet of North 3.92 1/10 feet of following described part of Northeast 1/4 of Section 4 beginning on North line of and 5 feet west from the Northeast corner of Section 4 thence east 5 feet thence south 471 feet thence west 15 feet thence northerly 741 3/10 feet to beginning in Section 4, Township 29, Range 22 (4-29-22-11-0001-4). 7. West 33 feet of part south of highway of Southeast 1/4 (subject to road) in Section 35, Township 30, Range 22 (35-30-22-43-0002-4). 8. Outlot B, S4aple Greens First Addition (24-20-22-12-0007). Recording of deeds for each land transfer is subject to: 1. Receipt of cash escrow for each property to be transferred to cover the cost of County £ees and City Attorney preparing and recording the necessary deeds. - 22 - 7/14 2, Interior lots shall be split equally between property owners along the-same street, unless otherwise agreed to by the ad- jacent owners, Seconded by Councilmember Juker, Ayes - all. 7. Resolution T,H, 120 Upgrading a. Mayor Greavuintroduced-thefollowing resolution and moved its adoption: 86 7 - 136 WHEREAS, T,H, 120 serves as a major transportation facility; and WHEREAS, T,H. 120 is in a deteriorated condition and needs to be up- graded to a higher design standard to meet existing and projected trans- portation needs; and WHEREAS, the Minnesota Department of Transportation has jurisdiction of T,H, 120 and responsibility for its operation, maintenance and capital improvements; and WHEREAS, it is necessary to conduct planning, environmental, engineer- . ing and financial studies to evaluate the need, feasibility and design standard for the reconstruction and potential upgrading of T,H, 120; and WHEREAS, these studies can best be conducted through the joint efforts of the Minnesota Department of Transportation and the local and regional agencies through which T.H. 120 passes. NOW, THEREFORE, BE TT RESOLVED BY THE MAPLEAlOOD CITY COUNCIL to request the Minnesota Department of Transportation to initiate planning, environ- _ mental, engineering and financial studies necessary to evaluate and determine the need, feasibility and design standard for the reconstruction and potential upgrading of T.H, 120. _ BE IT FURTHER RESOLVED THAT THE MINNESOTA DEPARTMENT OF TRANSPORTATION is requested to establish a task force of City and County jurisdictions, in- _ cluding the City of Maplewood, to provide assistance, guidance and review in conducting said studies. Seconded by Councilmember Bastian, Ayes - all. 8, Petition to Order Feasibility Study to Construct Arkwright Street from Eldridge Avenue to County Road B. a. Mrs. Betty Hasse, 387 Eldridge, owner of property on the proposed Arkwright Street, spoke in favor of the construction, b. Councilmember Anderson introduced the following resolution and moved its adoption: - 23 - 7/14 86-7- 137. - WHEREAS, it is proposed to construct street, water main and storm sewer along Arkwright Street from Eldridge Avenue to County Road B and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COU24CIL OF MAPLEWOOD, MINNESOTA: 1. That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed, advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. 2.. That the required right-of-way located west of the Arkwright Street center line should be dedicated at no cost to the City by the petitioners prior to the acceptance of the feasibility study by the Council. 3. That the P2ayor and Manager are authorized to enter into an agree- ment with the property owner located approximately 134 feet north of Eldridge Avenue and east of Arkwright Street center line for the construction of water main to serve said property with reim- bursement at such time as this petitioned project is ordered for construction and said agreement shall provide for dedication of required right-of-way at no cost to the City. Seconded by Councilmember Bastian. Ayes - all. 9. Parking Problem Barclay Street, North of Brooks a. Councilmember Wasiluk moved that "No Parking Anytime" signs be placed on the west side of Barclay Street from Brooks north to the entrance at Harvest Park. Seconded by Councilmember Bastian. Ayes - all. 10. Parking Problem: Ripley Avenue at East Shore Drive a. Councilmember Bastian moved that "No Parking Anytime" signs be placed on the North side of Ripley Avenue from East Shore Drive to Gordon Avenue. Seconded by Mayor Greavu. Ayes - all. 11. Flood Insurance Ordinance a. Mayor Greavu moved first reading of the flood plain management ordinance and refer it to the Planning Commission. Seconded by Councilmember Bastian. Ayes - all. - 24 - 7/14 12. 1986 Overlay and Sealcoat Program a. Councilmember Bastian moved to approve the 1986 Overlay and Sealcoat Programs as recommended. Seconded by Dlayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Wasiluk Nay - Councilmember Juker. J. VISITOR PRESENTATION 1. Mr. Allen Metcalf a. Mr. Metcalf requested Council provide some relief regarding the assessments against his property on Gervais Avenue. b. Council referred the matter to Staff. K. COUNCIL PRESENTATIONS 1. Council Salaries a. City Attorney Patrick Kelly presented Council a report concerning when and how Council salaries can be adjusted. 2. Gladstone Reunion Councilmember Wasiluk introduced the following resolution and moved its adoption: 86 - 7 - 138 WfiEREAS the people who resided in Gladstone prior to 1955 and the incorpora- tion of the City of Maplewood are holding a reunion and, WHEREAS these people contributed greatly to the formation of the City of Maplewood, including the designation of the name for the City, and were among its early elected officials, and WHEREAS it is the desire o£ the Mayor and Council of Maplewood to pay tribute to the efforts of those members who have passed on and to acknow- ledge the contributions made and still being made by the members who are - still living, BE IT HEREBY RESOLVED that the Mayor and Council of the City of Maplewood do hereby declare August 2, 1986 as Gladstone Reunion Day and extend their con- gratulations and the congratulations and warm feelings of the City of Maplewood together with their gratitude for the past efforts and continuing contributions made by those residents of Gladstone. Seconded by Councilmember Bastian. Ayes - all. 3. Williams Pipeline 4. Letter from Len Price - 25 - 7/14 a. Mayor Greavu had received a letter from Senator Len Price regarding the Silliams Pipeline. b. Councilmember Wasiluk introduced the following resolution and moved its adoption: - 86 - 7 - 139 {VfIEREAS a pipeline fire in t4oundsview occurred in the Williams Pipeline and, - WHEREAS the City of Maplewood has over twelve (12) miles of Williams - Pipeline within its City limits, THEREFORE, The City of Maplewood requests that the Governor of Pdinne- sota appoint a commission to investigate the operation and safety of pipe- lines and that it include on it a representative of the City of Maplewood. Seconded by Councilmember Anderson. Ayes - all. L. ADMINISTRATIVE PRESENTATION None. M. ADJOURNMENT 11:25 P.M. City Clerk - 26 - 7/14