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HomeMy WebLinkAbout04.27.87 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, April 27, 1987 Council Chambers, Municipal Building Meeting No. 87-9 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 7:05 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. 87-6 (March 23, 1987) Councilmember Bastian moved that the Minutes of Meeting No. 87-6 March 23, 1987) be approved as submitted. Seconded by Councilmember Anderson. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Recycling 2. Dirt Track - Motorcycling 3. Add Item I-9 - Castle Ridge Addition - Plat 4. Court Consolidation Seconded by Mayor Greavu. Ayes - all. E. CONSENT AGENDA Council removed Items E-3 and 4 to become Items I-10 and 11 Councilmember Bastian moved, seconded by Councilmember Juker, Aves - all, to approve the Consent Agenda, Items 1, 2, 5, 6 and 7 as recommended. 1. Accounts Payable Approved the accounts, Part I, Fees, Services, Expenses, Check Register dated April 14, 1987 through April 20, 1987 - $582,093.39;' Part II, Payroll dated April 17, 1987, gross amount $142,912.96) as recommended. 4/27 2. Plan Approval - Bid Authorization - Beam Avenue Water Main - Project 84-12 Resolution No. 87 - 4 - 69 WHEREAS, pursuant to resolution passed by the City Council on March 9,1987, plans and specifications for the installation of a trunk water main along Beam Avenue from the railroad bridge to approximately 1,300 feet west of T.H. 61, Project 84-12, 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 Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before date set for bid opening, shall specify the .work to be done, shall state that bids will be pub- licly opened and considered by the Council at 10:00 A.M „ on the 28th day of May, 1987, 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 bid bond, payable to the City of Maple- wood, Minnesota, for 59 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 at the regular City Council Meeting of June 8, 1987. 3. Investment Agreement Discussed as Item I-10. 4. Financing for Project 86-04 Discussed as Item I-11. 5. Financial Transfer to Close Project 84-10. Council authorized a transfer of $40,071,52 from the General Fund to the Construction Fund for Project 84-10 (Conner Avenue). 6. Resolution Reaffirming - Beaver Creek Apartments - Revenue Bonds - 2 - 4/27 Resolution No. 87 - 4 - 70 RESOLUTION REAFFIRMING AUTHORIZATION OF A PROJECT AND HOUSING PROGRAM UNDER MINNESOTA STATUTES, CHAPTER 462C (MUNICIPAL HOUSING PROGRAMS) AND AUTHORIZING THE ISSUANCE OF MULTIFAMILY MORTGAGEE 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 Beaver Greek Apartments Limited Partnership, a Minnesota limited partnership (the "Com- pany") that the City undertake to finance a certain Project and multifamily rental housing program for such Project as herein described, pursuant to Chapter 462C, Minnesota Statutes (the "Act") and on December 27, 1985 authorized such project and program and issued its $8,500,000 Variable Rate Demand Purchase Multifamily Housing Revenue Bonds, Series 1985 (Beaver Creek Apartments Limited Partnership Project) (the "1985 Bonds"), to finance such Project. The Project consists of the acquisition and construction of a multi- family rental Facility containing 180 units and related improvements including parking facilities in the City. 2. The Company now desires to refund the 1985 Bonds through the issuance by the City of its $8,500,000 Multifamily Mortgage Revenue Refunding Bonds, Series 1987 (Beaver Creek Apartments Project). The Project as described above will facilitate the development of rental housing within the community; en- courage 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 February 11, 1985 with respect to the Project and in the final author- izing resolution for the 1985 Bonds on December 23, 1985 are hereby ratified, affirmed and approved. 3. It is proposed that, pursuant to a Loan Agreement dated as of May 1, 1987, between the City as Lender and the Company as Borrower (the "Loan Agree- - ment"), the City loan the proceeds of the bonds to the Company to refund the 1985 Bonds. The Basic Payments to be made by the Company under the Loan Agree- ment are fixed 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 May 1, 1987 (the "Indenture") between the City and the Trustee. The acquisition, construction, operation and occupancy of the Project will conform to the terms and conditions of a Regulatory Agreement (the "Regulatory Agreement") dated as of May 1, 1987, between the City, the Company and the Trustee and a Declaration of Restrictive Covenants dated as of December 1, 1985 and amended as of May 1, 1987 (the "Declaration"), both executed by the Company and to be recorded as a covenant and restriction run- ning with the land on which the Project is located. - 3 - 4/27 4. This Council, by action taken on February 11, 1985, and after a public hearing thereon, adopted a resolution giving preliminary approval to a proposal to finance a project substantially the same as the Project; and on or about December 19, 1985, the. Minnesota Housing Finance Agency gave approval to the proposed financing program for the Project. This Council, by action taken on December 23, 1985, adopted a resolution authorizing the Project and the issuance of the 1985 Bonds. S. In connection with the issuance of the Bonds, forms of the following documents have been submitted to the Council for approval: a. The Loan Agreement. b. The Indenture. c. The Regulatory Agreement. d. 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 finan- cing program for the Project is authorized 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 housing facilities for assisting persons of low and moderate income within the City to obtain decent, safe and sanitary housing 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 by the City of the Loan Agreement, the Indenture, the Bond Purchase Agree- ment 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 re- quired under the constitution and laws of the State of Minnesota and City Charter to make the Agreements valid and binding obliga- tions of the City in accordance with their terms, are authorized by the Act; d. It is desirable that the Company be authorized, in accordance with the provisions of the Act and subject to the terms and conditions set forth in the Loan Agreement, Regulatory Agreement and Declara- tion, which terms and conditions the City determines to be neces- sary, desirable and proper, to acquire and install the Project by such means as shall be available to the Company and in the manner 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; - 4 - 4/27 f. the Basic Payments under the Loan Agreement are fixed to ! produce revenue sufficient to provide for the prompt payment of principal of, premium, if any, interest on, and the pur- chase price of, the bonds issued under the Indenture when due, and the Loan Agreement, Indenture and Regulatory Agree- ment 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 lia- bility 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 thereoq,or the purchase price thereof, or to enforce payment thereof against 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 not constitute 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 political subdivi- sions, 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 statutory limitation; and h. A public hearing on the Project was duly held by the City Council on February 11, 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 contemplated by the Agreements or 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 Agreement and Indenture. 7. 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 mature and be subject to mandatory purchase as set forth in the Indenture. The principal amount of the Bonds shall be determined by the Mayor, the City Clerk, - 5 - 4/27 the Bond Purchaser and the Company, but not to exceed $8,500,000. The rate of interest on the Bonds shall be such rate or rates as the Mayor, the City Clerk, the Bond Purchaser and the Compnay shall agree to, but the net interest cost shall not exceed 9.5~ per annum. Piper, Jaffray & Hopwood Incorporated, the original Bond Purchaser, shall purchase the Bonds for an amount not less than 95~ of the principal amount of the Bonds and the Mayor and City Clerk are authorized to enter into the Bond Purchase Agreement in a form approved by the City Attorney. The Mayor and City Clerk are authorized and directed to prepare and execute the Bonds as pre- scribed 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 of 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 required to show the facts relating to the :.legality of the Bonds as such facts appear from the books and records in _ the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore fur- nished, 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 necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the CityAttorney and the City officials authorized herein to execute said documents prior to their execution; and said City Attorney and City officials are hereby author- ized to approve said changes on behalf of the City. Tt}e execution of any instrument by the appropriate officer or officers of the City herein author- ized shall be conclusive evidence of the approval of such documents in accor- dance 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 exe- cuted by any officer or member of the City acting in their behalf. Passed: April 27, 1987. Mayor ATTEST: City Clerk 7. Budget Transfer Approved a budget transfer of $1150.00 from the contingency account to cover the cost of the appraisal completed by John Kenna in regards to the property described as 09-29-22-13-0007-1, 2441 Maplewood Drive. - 6 - 4/27 ' F, PUBLIC HEARINGS 1. 7:00 P.M., Miggler Rezoning 2444 Maplewood Drive (4 Votes) a. Mayor Greavu convened the meeting for a public hearing regarding the proposal to move the CO, commercial office/M-1, light manufacturing zoning district boundary to line up with the east or west property line of Lot Two, Block Two, in the proposed Miggler Addition. b. Associate City Planner Randy-Johnson presented the.SLaff report. c. Commissioner Ralph Sletten presented the Planning Commission recommenda- tion. d. Mr. Bill Chapman, Consultant for the Migglers spoke on behalf of the Miggler's request. e. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following were heard: Mr. Gale Rehnberg, Rehnberg E.R.A. Realty Mr. John Winston, Winston and Bernett Mr. George Rossbach, 1406 E, County Road C f. Mayor Greavu closed the public hearing. g. Councilmember Bastian introduced the followine resolution and moved its adoption: 87-4-71 WHEREAS, the City of Maplewood initiated a rezoning from CO, commer- cial office, to M-l, light manufacturing, for the following-described property: The easterly portions of Lot Two, Block One, and Lot One, Block Two, Miggler's Addition (as revised by the City Council on April 27, 1987), This property was known as 2444 Highway 61, Maplewood, prior to platting as the Miggler Addition. WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated. pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood: Planning Commission on March 2, 1987. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on April 27, 1987, to consider this rezoning. Notice thereon' was published - 7 - 4/27 and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written state- - menu . 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 and comprehensive plan.. 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 conveni- ences 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. S. The area does not need to be zoned for CO use to protect the surrounding property from incompatible uses. 6. The Planning Commission had previously recommended the entire Migler site for M-1 Zoning. Seconded by Councilmember Anderson. Ayes - all. 2. 7:10 P.M., Code Amendment - Temporary Signs - Second Reading (4 Votes) a. Mayor Greavu convened the meeting for a public hearing regarding the proposed ordinance regulating banners and streamers. b. Associate City Planner Johnson presented the Staff report. c. Councilmember Juker moved second reading of an ordinance regulating the use of banners and streamers. Seconded by Councilmember Anderson Ayes - Councilmembers Anderson, Bastian, Juker and Wasiluk Nay - Mayor Greavu d. Mayor Greavu at this time allowed audience participation. e. Mayor Greavu called for proponents. None were heard. - 8 - 4/27 f. Mayor Greavu called for opponents. The following were heard: Mr. Bob Duncan, Topper World Mr. John Schmelz, Countryside Volkswagen Mr. M. Morgan, 35 Sterling Mr. Ronald Haven, Signworks Mr. Duane Hejny, Hejny Rentals g. Mayor Greavu closed the public hearing. h. Councilmember Anderson moved to rescind the previous motion. Seconded by Mayor Greavu. Ayes - all. i. Councilmember Bastian moved to table the matter and to request Staff to prepare a report defining flags banners and streamers and also if anyone using such signage could be "grandfathered in". Seconded by Mayor Greavu. Ayes - all. 3. 7:20 P.M., Upper Afton, McKnight Road to Century, Project 86-07 (4 Votes) a. Mayor Greavu convened the meeting for a public hearing regarding the proposal to reconstruct Upper Afton Road from Century Avenue to McKnight Road. b. Acting City Engineer Chuck Ahl presented the Staff report. c. Mr. John Davidson, Consultant for Toltz, King, Duvall and Anderson, .presented the specifics of the proposal. d. Mayor Greavu called for persons who wished to be heard for or agaisnt the proposal. The following expressed .their concerns: James and Jacquelyn Sullivan, 2647 Upper Afton Road Ronald Haven, 2663 Upper Afton Road Donald St. Germain, 2555 Upper Afton Road Edward Erickson, 41 Ferndale Rita Brenner, 2673 Upper Afton Road Gerald Smith, 48 No. Ferndale Wayne Pislulka, 2567 Upper Afton Road Vern Fischler, 2689 Upper Afton Road Ed Vitak, 2587 Upper Afton Road Judy Smith, 48 No. Ferndale James Swedenburg, 2511 Upper Afton Road e. Mayor Greavu closed the public hearing. f. Councilmember Anderson moved to deny the Upper Afton Road reconstruction Project 86-07. Seconded by Mayor Greavu. Ayes - all. - 9 - 4/27 Acting Mayor Wasiluk called a five minute recess at 9:50 P.M. Mayor Greavu reconvened the meeting at 9:55 P.M. - 4. 7:30 P.M., P.U.D. Revision, Preliminary Plat and Rezoning. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Ed Cave and Sons, Inc., to revise the conditional use permit for Cave's Century Fifth Addition preliminary plat to substitute 20 double dwelling units for 32 town house units; and to rezone the site from F, farm residence to R-1, single family. b. Associate City Planner Johnson presented the Staff report. c. Commissioner Sletten presented the Planning Commission recommendation. ` d. Mayor Greavu called for proponents and opponents. None were heard. e. Mayor Greavu closed the public hearing. f. Mayor Greavu introduced the following resolution and moved its adoption: 87-4-72 WHEREAS, Ed Cave and Sons, Inc., initiated a conditional use permit to revise the Cave's Century planned unit development at the following- described property: That part of the East 420.00 feet lying northerly of the South 795.87 feet of the Southeast Quarter of the Southeast Quarter of Section 24, Township 29 North, Range 22 West of the 4th Principal Meridian, Ramsey County, Minnesota. 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 6, 1987. The Planning Commission recommended to the City Council that said permit be approved. 3. The Maplewood City Council held a public hearing on April 27, 1987. 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 be approved on the basis of the following findings-of-fact: - 10 - 4/27 1. The use is in conformity with the City's Comprehensive Plan and with the purpose and standards of this chapter. 2. The establishment or maintenance of the use would not be detrimental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character of that zoning district. 4. The use would not depreciate property values. 5. The .use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to the noises, glare, smoke, dust, odor, fumes, water pollution, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 6. The use would generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area proper- ties. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parks. 8. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the City. 9. The use would preserve and incorporate the, site's natural and scenic features into the development. design. 10. The use would cause: minimal adverse environmental effects. Approval is subject to the following conditions: 1. Adherence to the site plan, dated February 6, 1987, unless a change is approved by the City. 2. The footings for each double-dwelling structure shall be pinned by a registered land surveyor prior to pouring the foundation to insure that each party wall will be constructed exactly on the common lot lines. 3. Deed restrictions shall be recorded against the title of each lot before issuance of a building permit or a homeowners' association agreement shall be recorded concurrently with the Cave's Century Fifth Addition plat to include, but not be limited to, the following requirements: a. Each double-dwelling structure shall have a uniform exterior appearance in terms of color, design and maintenance. - 11 - 4/27 b. If one unit is burned or destroyed, it shall be reconstructed in a uniform appearnace, and if both units are burned or de- stroyed, minimum lot widths shall then prevail for a single- dwelling home. A double dwelling may be rebuilt meeting the original conditions of this section. c. Any disputes shall be submitted to binding arbitration according to the rules of the Minnesota Arbitration Association. Seconded by Councilmember Bastian. Ayes - all. g. Mayor Greavu moved approval of the revised preliminary plat for Cave's Century Fifth Addition (plans stamped 2-6-87), subiect to the following conditions being met prior to final plat approval: 1. Final approval of drainage, utility and grading plans by the City Engineer. 2. Submittal of a developer's agreement, with required surety, for the required public improvements. Seconded by Councilmember Bastian. Ayes - all. h. Councilmember Bastian introduced the following resolntion.and_moced its adoption• 87-4-73 WHEREAS, the City of Maplewood initiated a rezoning from F, farm residence, to R- 2, double dwelling, for the following-described property: That part of the East 420.00 feet lying notherly of the South 795.87 feet of the southeast Quarter of the Southeast Quarter of Section 24, Township 29 North, Range 22 West of the 4th Principal Meridian, Ramsey County, Minnesota. WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commission on April 6, 1987. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on April 27, 1987, 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: - 12 - 4/27 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 conveni- ences 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. This rezoning would eliminate the possibility of any future nuisance complaints associated with uses permitted in a farm zone, such as the raising of livestock. Seconded by Councilmember Juker. Ayes - all. 5. Code amendment Smaller Single Dwelling Lots - First Reading a. Mayor Greavu convened the meeting for a public hearing regarding the proposed code amendment to the subdivision .ordinance to establish the minimum lot widths for smaller single dwelling lots that were pre- viously adopted in the zoning ordinance, 60 feet for interior lots and 85 feet for corner lots. b. Associate City Planner Johnson presented the Staff report. c. Commissioner Ralph Sletten presented the Planning Commission recom-. mendation. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. The following were heard: Mr. Gary Hook, 2146 Lydia f. Mayor Greavu closed the public hearing. g. Mayor Greavu moved first reading of an ordinance amending the sub- division ordinance to establish the minimum lot widths for smaller single dwelling lots that were previously adopted in the zoning ordinance. Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu, Councilmembers Bastian and Wasiluk Nays - Councilmembers Anderson and Juker - 13 - 4/27 SA. 7:40 P.M., Rezoning and Preliminary Plat - Lynnwood Terrace (4 Votes for Rezoning Only) a. Mayor Greavu convened the meeting for a public hearing regarding the request of Gerald Mogren and Richard Schreier to rezone property located on Lydia Avenue, East of Ariel Street from F, farm residence, to R-2 double dwelling and for approval_of a preliminary plat to create fifteen small lot single dwelling properties. b. Associate Planner Johnson presented the Staff report. c. Commissioner Ralph Sletten presented the Planning Commission recom- mendation. d. Mayor Greavu called for proponents. The following were heard: Gerald Mogren, the applicant Letter from S.B.F. Management, Inc. (Maplewood Plaza 3000 Shopping Center) e, Mayor Greavu called for opponents. The following were heard: Mr. Gary Hook, 2146 Lydia Mrs. Susanne Hoyt, 2993 Furness f. Mayor Greavu closed the public hearing. g. Councilmember Juker moved to table this item until the meeting of MaV 11, 1987, for further information regarding drainage etc Seconded by Councilmember Anderson. Ayes - all. G_ AWARD OF BIDS 1. Hillwood Drive (Crestview to Marnie) Project 85-05. a. Acting Manager Haider presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption• 87-4-74 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Danner, Inc., in the amount of $100,961.85 is the lowest responsi- ble bid for the construction of Hillwood Drive from Crestview Drive to Marnie Street, City Project 86-05, 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 b Councilmember Wasiluk. - y Ayes all. 2. Lease Purchase Financing for Computer System. a. Acting Manager Haider presented the Staff report. - 14 - 4/27 b. Councilmember Anderson moved to award the i5 for the lease-purchase financing of the new computer sVStem to Northwest Investment Services Inc Seconded by Councilmember Juker, Ayes - all. H. UNFINISHED BUSINESS 1. Code Amendment Freestanding Signs in LBC and CO Zones (2nd Reading - j 4 Votes) a. Discussed later on the Agenda. 2, Code Amendment': Exterior Siding (2nd Reading) a. Acting Manager Haider presented the Staff report. b. Mayor Greavu introduced the following ordinance and moved its adoption• ORDINANCE N0. 603 AN ORDINANCE REGARDING THE COMPLETION OF THE EXTERIOR FINISH OF RESIDENTIAL STRUCTURES THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 1. Section 9-7 is added as follows: "Section 9-7. Exterior completion: The exterior finiskt-'on-all.. residential dwellings and their accessory buildings shall be completed within six months of the date the permit is issued: Refinishing of existing buildings shall be completed within six months of the start of the work. Any owner of a dwelling that does not comply with this code, at time of the code's passage, shall have six months from date of written notification of such to bring the dwelling into compliance. Tar paper, unfinished plywood, fiberboard insulation, foam insulation, brown coat or scratch coat of stucco, plastic sheeting and other similar materials not designed to be an exterior finish shall not be considered an acceptable exterior finish. The building official may grant a 90-day extension if there is an unusual hardship, such as bad weather. Furtger::time extensions must be approved by the City Council." Section 2. This ordinance shall take effect upon its passage and publication. Passed by the Maplewood City Council this 27th day of April, 1987. Mayor Attest: City Clerk Ayes - 5 Nays - 0 Seconded by Councilmember Anderson. Ayes - all - 15 - 4/27 I. NEW BUSINESS i. Paratransit a. Councilmember Wasiluk updated the Council regarding paratransit. b. Councilmember Wasiluk moved the following: 1. Authorize staff to enter into the attached joint powers agreement with North St. Paul and Oakdale to study the feasibility of de- veloping a paratransit system. 2. Approve a budget transfer of $600 from the contingency account to have a grant application prepared. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Wasiluk Nay - Councilmember Juker. 2. Order Public Hearing Water District 8 Improvements - Project 86-15 a.. .Acting Manager Haider presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 87-4-75 WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare a report with reference to the improvement of Water Service District No. 8 and Sterling Street from Mailand Road to Highwood Avenue, City Project 86-15, by construction of trunk water main, water tower, sanitary sewer, storm sewer and street, and WHEREAS, the said City Engineer is preparing the aforesaid report for the improvement herein described; and WHEREAS, the aforesaid report will be presented to the Council for review on May 11, 1987. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The report of the City engineer advising this Council that the proposed improvement on Water Service District No. 8 and Sterling Street from Mailand Road to Highwood Avenue, City Project 86-15, by construction of trunk water main, water tower, sanitary sewer, storm sewer and street shall be presented to this Council for review at the regular meeting of May 11, 1987. 2. The Council will consider the aforesaid improvement in accordance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement according to M.S.A. Chapter 429. - 16 - 4/27 3. A public hearing will be held in the Council Chambers of the City Hall at 1830 East County Road B on Thursday, the 21st day of May, 1987, at 7:00 P.M. to consider said improvement. The City Clerk shall give mailed and published notice of said hearing and improvement as required by law. Seconded by Councilmember Anderson. Ayes - all. 3. Public Improvement Petition - Meyer Street Water Main (Bush to Minnehaha) Project 87-13. a. Acting Manager Haider presented the Staff report. b. Councilmember Juker introduced the following resolution and moved its adoption• 87-4-76 WHEREAS, a petiton has been received to construct a water main on Meyer Street between Bush and Minnehaha Avenues, City Project 87-13, 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 COUNCIL 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 im- provement as recommended. 2. That this study shall not begin until the petitioner establishes with the City a cash escrow in the amount of $6,000.00. This cash escrow shall guarantee the payment of the feasibility study preparation costs with payment to be made only if the project is not ordered and is equal to 150 of the estimated preparation cost. The cash escrow shall be either a letter of credit or a certified check. Seconded by Councilmember Anderson. Ayes - all. 4. Developer Project Financing and Construction Report. a. Councilmember Juker moved to table until May 11, 1987. Seconded by Councilmember Wasiluk. Ayes - all. 5. 1986 Annual Financial Report and Audit a. Council to meet with auditors at 6:00 P.M., May 11, 1987 to discuss report. - 17 - 4/27 _ 6. Council Approval Hire Permanent Part-Time Clerk Typist (Fill a Vacancy) a. Acting Manager Haider presented the Staff report. b. Councilmember Wasiluk moved to authorize Staff to post the Clerk-Typist 1 position for the Nature Center and approve the hiring of a new permanent part-time C1erkTVpist. Seconded by Councilmember Anderson. Ayes -'Mayor Greavu, Councilmembers Anderson, Bastian and Wasiluk Nay - Councilmember Juker I 7. No Parking - Castle Avenue a. Acting Manager Haider presented the Staff report. b. Councilmember Juker introduced the following resolution and moved its adoption• 87-4-77 BE IT RESOLVED BY THE MAPLEWOOD, MINNESOTA, CITY COUNCIL that a "No Parking Zone" be establsihed on the east and south side of Castle Avenue south of T.H. 36 from Sherre~ Avenue to approximately 700 feet north and east. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Juker Nay - Councilmember Wasiluk 8. Budget Transfer - Educational Incentive Pay a. Acting Manager Haider presented the Staff report. b. Mayor Greavu moved to approve a budget transfer of $8 400 from the General Fund, ContinQency Account to the appropriate personnel account to fund the five police officers for educational incentive pay. Seconded by Councilmember Juker. Ayes - all. 9. Castle Ridge - 1st and 2nd Addition - Final Plat a. Acting Manager Haider presented the Staff report. b. Mayor Greavu moved to approve the Castle Ridge First Addition Final Plat and the Castle Ridge Second Addition as recommended. Seconded by .Conncilm~mbea:Juk~z~ Ayes - all. 10. Investment Agreement a. Councilmember Anderson authorized the execution of the submitted in- vestment agreement with E. F. Hutton & Company and that the Bank of New England be designated as an official City depository for transactions and deposits with E. F. Hutton & Company. - 18 - 4/27 Seconded by Councilmember Wasiluk. Ayes - all. H. UNFINISHED BUSINESS (Continued) 1. Code Amendment Freestanding Signs in LBC and CO Zones (2nd Reading - 4 Votes) (Continued) a. Acting Manager Haider presented the Staff report. b. Councilmember Bastian moved second reading of an ordinance increasing the size of free-standing pylon signs in LBD and CO zoned districts. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Bastian and Wasiluk Nays - Councilmembers Anderson and Juker Motion defeated. 1. NEW BUSINESS (Continued) 11. Financing for Project 86-04. a. Acting Manager Haider presented the Staff report. b. Councilmember Wasiluk moved to authorize a transfer of $102,473.00 from the Hydrant Charge Fund to the Construction Fund for Project 86-04 (County Road C Water Main). Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Wasiluk Nay - Councilmember Juker J. VISITOR PRESENTATION None. K. COUNCIL PRESENTATIONS 1. Recycling a. Councilmember Wasiluk stated there will be a meeting with the recycling. committee and the area rubbish haulers at 7:00 P.M. on May 5, 1987, in the Council Chambers. 2. Dirt Bike Path Councilmember Bastian instructed Staff to investigate the dirt bike path at Woodlyn and A~~el. The constant use by motorized bikes, etc., is causing dust, dirt and noise problems. L. ADMINISTRATIBVE PRESENTATION 1. Court Consolidation - 19 - 4/27 a. Acting Manager Haider stated the bill concerning court consolidation into two suburban courts has passed, and now will proceed to conference committee. M. ADJOURNMENT 11:27 P.M. I City Clerk i i - 20 - 4/27