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.
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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
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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.
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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;
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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,
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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.
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' 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
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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.
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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.
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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:
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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.
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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:
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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
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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.
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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
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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.
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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.
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_
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.
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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
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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
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