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HomeMy WebLinkAbout05.21.87 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Thursday, May 21, 1987 Council Chambers, Municipal Building Meeting 87 - 11 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 7:02 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. Minutes of Meeting No. 87 - 9 (April 27, 1987) Councilmember Wasiluk moved to adopt the Minutes of Meeting No. 87 - 9 (April 27, 1987) as submitted. Seconded by Councilmember Anderson. Ayes - al L D. APPROVAL OF AGENDA 1 Mayor Greavu moved to approve the Agenda as amended: 1. Cable Installation 2. Farm Zones 3. Feasibility - Overall City Water Improvements 4. Primary Elections 5. White Bear Avenue 6. Remove Item I-4 7. Add: Sagstetter Property - Item I-7 8. Add: Moving Permit - Item I-8 Seconded by Councilmember Bastian. Ayes - all. E. CONSENT AGENDA 1. Accounts Payable Approved the accounts (Part I - Fees, Services, Expenses Check register dated May 12, 1987, through May 14, 1987 - $502,938.95 Part II - Payroll dated May 15, 1987 - $141,650.02,, gross amount) as submitted. 2. Extension - Beaver Creek Revenue bonds Resolution 87 - 5 - 91 WHEREAS: (a) The City of Maplewood, Minnesota (the "City") issued its 5/21 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 27, 1985 (the "Bonds"), in connection with which the City entered into an Inden- ture of Trust (the "Indenture") dated as of December 1, 1985, by and between the City and First Trust Company, Inc., as Trustee, and a Loan Agreement .(the "Loan Agreement") dated as of December 1, 1985, between the City and Beaver Creek Apartments Limited Partnership (the "Borrower"); (b) The proceeds of the bonds were loaned to the Borrower for the acquisition, construction and equipping of a multifamily housing development (the "Project") approved by the City, all as further de- scribed in the Indenture and the Loan Agreement; (c) Section 3-1(8) of the Indenture requires that the Disburse- ment Date must occur on or prior to December 1, 1986, unless the City, at the request of the Borrower, extends such date at the request of the Borrower and upon receipt 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 City Council previously extended the Disbursement Date £rom December 1, 1986 to June 1, 1987; (e) The Borrower has requested, pursuant to a Request for Ex- tension attached as Exhibit A hereto, that Disbursement Date be extended by the City, as Issuer of the bonds, from June 1, 1987 - to December 1, 1987; and (f) Briggs and Morgan, Professional Association, Bond Counsel, has advised the City and rendered an opinion, attached as Exhibit B hereto, that granting such extension for the extension of the Dis- bursement Date will not, by itself, adversely affect the tax exempt status of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, as follows: 1. Pursuant to Section 3-1(8) of the Indenture, the City hereby approves the Request for Extension and extends the Disbursement Date from June 1, 1987, to no later than December 1, 1987. Adopted by the City council of the City of Maplewood, Minnesota, this 21st day of May, 1987. EXHIBIT A $8,500,000 City of Maplewood Variable Rate Demand Purchase Multifamily Housing Revenue Bonds, Series 1985 (Beaver Creek Apartments Limited Partnership Project) - 2 - 5/21 REQUEST FOR EXTENSION Beaver Creek Apartments Limited Partnership (the "Borrower"), hereby requests, pursuant to Section 3-1(8) of that certain Inden- ture of Trust dated as of December 1, 1985, by and between First Trust Company, Inc., and the City of Maplewood and Section 3.01(1) of that certain Loan Agreement dated as of December 1, 1985, be- tween the City and the Borrower, that the Disbursement Date (as defined in the Indenture) be extended from June 1, 1987 to December 1, 1987. Attached hereto as Exhibit A is an opinion of Bond Counsel dated May 25, 1987, stating that such extension will not adversely affect the tax-exempt status of the bonds. F. PUBLIC HEARINGS 1. 7:00 P.M., District No. 8 Water Tank - Project 86-15 a. Mayor Greavu convened the meeting for a public hearing regarding the proposal for the construction of a water tower and water system improvements for the south portion of Maplewood. b. City Manager Michael McGuire presented the Staff report. c. Assistant City Engineer Chuck Ahl presented the specifics of the proposed improvement. d. City Attorney John Bannigan explained the procedures of the public hearing. e. Commissioner George Rossbach presented the Planning Commission report. f. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following expressed their opinions: , James Kayser, 1555 118th N.W., #303, Coon Rapids, Minnesota, presented a petition signed by area residents opposing the proposal. George Anderson, 2680 Linwood Steven Shor, 2660 Highwood Adele Vordenbrugger, 2578 Linwood Al Jirovac, 2480 Linwood Cheryl Stanke, 2383 Linwood Steve Kayser, 2520 23rd Ave., Plymouth, Minnesota Paul R. Scarpani, 2688 Linwood Stan Hanggi, 2280 Phyllis Court g. Mayor Greavu closed the public hearing. h. Mayor Greavu introduced the following resolution and moved its adoption: 87-5-92 WHEREAS, after due notice of public hearing on the construction of street, storm sewer, sanitary sewer, water mains, elevated tank and pump station improvements on Sterling Street from Mailand Road to Highwood Avenue, Schaller Drive from Sterling Street to Jefferson Fourth Addition and in Water Service District 8, City Project 86-15, a hearing on said improvement in accordance with the notice duly given was duly held on May 21, 1987, and the Council has heard all persons desiring to be heard on the matter and has fully considered the same; - 3 - 5/21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is advisable, expedient, and necessary that the City of Maplewood construct street, storm sewer, sanitary sewer, water mains, elevated tank and pump station improvements on Sterling Street from Mailand Road to Highwood Avenue, Schaller Drive from Sterling Street to Jefferson Fourth Addition and in Water Service District 8, City Project 86-15, as described in the notice of hearing thereon, and orders the same to be made. 2. The City Engineer is designated Engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Juker Nay - Councilmember Wasiluk 2. 7:10 P.M., Off-Sale Liquor License - 1347 Frost Avenue - Thomas Hopkins a. Mayor Greavu convened the meeting for a public hearing pertaining to the request of Thomas Hopkins for an Off-Sale Intoxicating Liquor License at 1347 Frost Avenue. b. City Manager McGuire presented the Staff report. c. Mr. Thomas Hopkins, the applicant, spoke on behalf of his request. d. Mayor Greavu called for opponents. None were heard. e. Mayor Greavu called for proponents.. None were herrd. f. Mayor Greavu closed the public hearing. g. Councilmember Anderson introduced the following resolution and moved its adoption• 87-5-93 NOTICE IS HEREBY GIVEN, that pursuant to action by the City Council of the City of Maplewood on May 21, 1987, an Off-Sale Intoxicating Liquor License was approved for Thomas Hopkins, dba "Hoppy Rides Again" Hopkins Liquors of Maplewood, Inc., 1347 Frost Avenue. The Council proceeded in this matter as outlined under the provisions of the City Ordinance. Seconded by Mayor Greavu. Ayes - all. G. AWARD OF BIDS None. - 4 - 5/21 -:H. UNFINISHED BUSINESS 1, Waive Escrow Requirement - Meyer Street Water Main (Bush to Minnehaha) a. City Manager McGuire presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 87-5-94 WHEREAS, the Council has previously ordered the preparation of a feasibility report on the construction of a water main along Meyer Street between Bush and Minnehaha Avenues, City Project 87-13, contingent upon the petitioners of the project establishing an escrow amount of $6,000 guaranteeing preparation costs, and WHEREAS, City policy is to require the escrow amount for potential developers only, WHEREAS, the petitioners are single-family homeowners with no potential lot splits; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That said feasibility report for City Project 87-13 shall be prepared as originally proposed and the cash escrow amount of $6,000 guaranteeing preparation costs is hereby waived. Seconded by Councilmember Anderson. Ayes - all. 2. Developer Project Financing and Construction Report a. City Manager McGuire presented the staff report. b. Assistant City Engineer Ahl presented the details and specifics of the report. c. Councilmember Anderson moved to instruct staff to draft a revision to the platting ordinance and begin procedures for adopting the revised ordinance. Seconded by Councilmember Juker. Ayes - all. I. NEW BUSINESS 1. Billboard Lease Renewal. a. City Manager McGuire presented the Staff report. b. Councilmember Juker moved denial of the request for the renewal of a billboard lease at the southeast corner of I-694 and the Burlington Northern Railroad tracks. Denial is based on the finding that the billboard does not comply with the City's sign code and should be removed. Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson, Bastian, Juker and Wasiluk Nay - Mayor Greavu. - 5 - 5/21 2. H.R.A. Annual Report a. City Manager McGuire presented the Staff .report. b. Mayor Greavu moved to acceut the H.R.A. Annual Report for March. 1986 through February, 1987. Seconded by Councilmember Anderson. Ayes - all. 3. Planning Commission Annual Report a. City Manager McGuire presented the Staff report. b. Mayor Greavu moved to accept the Planning Commission's Annual Report. Seconded by Councilmember Wasiluk. Ayes - all. 4. Metropolitan Council Survey Deleted from Agenda. 5. Noise Ordinance Delayed to later on the Agenda. 6. Travel and Training Reimbursement Policy. a. City Manager McGuire presented the Staff report. b. Councilmember Anderson moved that the current out-of-State travel and training policy be amended as follows: "For out-of-state training approved by the City Manager, the City will pay for the conference fees, transportation costs, and reason- able costs for meals and lodging." Seconded by Councilmember Juker. Ayes - all. 7. Sagstetter Property - Prosperity Road a. City Manager McGuire stated Mr. Sagstetter purchased a tax forfeited piece of property on Prosperity Road north of Frost Avenue and wishes to build on it. It is low land and drainage problems exist. b. City Attorney Pat Kelly explained recent case law regarding such problems and whereby municipalities decision to withhold building permits have been upheld. c. No action taken. - 6 - 5/21 8. Mining Permit a. City Manager McGuire presented the Staff report. b. Councilmember Anderson moved to instruct Staff to prepare an ordinance amending the mining code. Seconded by Councilmember Juker. Ayes - all. c. Council directed Staff to allow Mr. Goff to work two more days on his mining permit and then close the operation. J. VISITOR PRESENTATIONS None. K. COUNCIL PRESENTATIONS 1, Cable a. Councilmember Anderson questioned when Cable will be installed at City Hall. b. Staff stated it should be within two weeks. 2. Farm Zone a. Councilmember Anderson feels the farm zone designation should be revised. 3. Water Improvement a. Councilmember Anderson stated Council should initiate public hearing to construct water mains in streets without water. 4, Primary Elections a. Councilmember Anderson questioned what procedures could be taken'to revoke primary elections. b. Staff to investigate. 5. White Bear Avenue a. Councilmember Juker requested that Ramsey County be notified to provide safer markings on White Bear Avenue. I. NEW BUSINESS (Continued) 5. Noise Ordinance (Continued) a. Councilmember Bastian stated he has had numerous calls from area resi- dents requesting something be done about the problems of operation of recreational motorized vehicles on private property. - 7 - 5/21 b. Because of the numerous complaints and the affects this type of operation has on the health, safety and welfare of the Community, Councilmember Bastian moved to waive the Rules of Procedure; declare the problem an emergency and have first and second reading of an ordinance regulating the use of motorized recreational vehicles on private property. Seconded by Councilmember Anderson. Ayes - all. c. Councilmember Bastian moved first reading of an ordinance regulating .opera- . tion of recreational motorized vehicles such as all terrain vehicles, trail bikes, hovercrafts, motorcycles and motorized bikes. Seconded by Councilmember Anderson. Ayes - all. d. Councilmember Bastian introduced the following ordinance and moved its adoption: ORDINANCE N0. 605 An Ordinance regulating the use of recreational motor vehicles within the City of Maplewood: Chapter 20, Maplewood Code of Ordinances as amended through December, 1986; is amended by adding a New Article VI as follows: ARTICLE VI - Recreational Vehicles Section 20-120. Purpose. The purpose of this ordinance is to provide reasonable regulations for the use of recreational motor vehicles on public and private property in the City of Maplewood. Section 20-121. Definitions. The following words and phrases shall have the meanings ascribed to them for the purposes of this article: (a) "Recreational motor vehicle" means any motorized, two, three, four-wheeled or track, self-propelled vehicle designed or used for recreational purposes, inclding, but not limited to all-terrain vehicles, trail bikes, hovercrafts, motorcycles and motorized bicy- cles, but excluding snowmobiles. This section shall apply regardless of vehicles licensed for highway operation. (b) "Operate" means to ride in or on and control the operation of a recreational motor vehicle. (c) "Operator" means every person who operates or who is in actual physical control of the recreational motor vehicle. Section 20-122. Prohibited Operations. It is unlawful for any person to operate a recreational motor vehicle: (a) on private property, unless the property is zoned M-2 Heavy Manufacturing, as defined in Section 36-201 through 36-225. (b) carelessly or heedlessly in disregard of the rights or the safety of others, or in a manner so as to endanger, or likely to endanger, any person or property; 4z in excess of 15 miles per hour on publicly owned land. - 8 - 5/21 (c) within 150 yards of any public recreational area or gathering of people. This provision does NOT apply to operation on private property, where permitted, or where it is for the purpose of loading or unloading from a trailer, or for mechanically servicing it at a repair shop. (d) on a public sidewalk or boulevard within the City. (e) at any place while under the influence of alcohol as defined in Minn. Stat. s~ 169.21, as amended through December 31, 1986 or controlled substance as defined in Minn. Stat.S 152.01 Subd. 4. (f) in a manner or location so as to create loud, unnecessary or unusual noise or to create dust, fumes or other dangers which disturb the peace of any person. (g) perform any stunts, acrobatics, racing or games of any sort while on public or private property unless part of a licensed carnival, side- . show, or licensed amusement parks, under Maplewood Ordinance 6-16. Section 20-123. Equipment. All recreational motor vehicles shall have the following minimum equipment: (a) standard mufflers, that are properly attached and are in constant operation. No muffler cutouts, by-pass, straight pipes or circular devices shall be permitted. Likewise, no system shall emit or produce a sharp popping or cracking sound. (b) brakes adequate to control the movement of, and to stop and hold the recreational motor vehicle under any conditions of operation. (c) at least one clear lamp, attached to the front of the recreational motor vehicle with sufficient intensity to reveal objects and vehicles at a distance of 100 feet ahead during the hones :of darkness under_nor- mal atmosphere conditions. Likewise every recreational motor vehicle shall have at least one red tail lamp plainly visible from a distance of 500 feet during the hours of darkness. Section 20-124. Permitted Use. (a) The City Council may designate areas for use outside the M-2 Heavy Manufacturing Zone after a public hearing. The Council may decide the permit issuance based on factors that include, but are not limited to proximity to residential areas, noise levels, dust control, traffic control and with a finding that the use shall not be detrimental to the public health, safety or general walfare. The Council may propose any conditions as to the hours of permitted use, the numbers of permitted recreational motor vehicles in use at any single time and the duration of the permit. (b) Not withstanding the provisions of 20-122, recreational motor vehicles may be operated for the purposes of farming, gardening, or landscaping. - 9 - S/21 Section 20-125. ,Penalty. (a) Any person who violates the terms of this article shall, upon conviction thereof, be fined a sum of $700 or shall be imprisoned for a period not to exceed 90 days, or both. (b) Upon a second violation of the articles; the recreational motor vehicle shall be confiscated and sold at a public auction.- This Ordinance becomes effective upon its adoption and publication, this 21st day of May, 1987. Mayor ATTEST: City Clerk Seconded by Councilmember Anderson. Ayes - all. L. ADMINISTRATIVE PRESENTATIONS None. 4. ADJOURNMENT 9:30 P.M. City Clerk - 10 - 5/21