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HomeMy WebLinkAbout08.10.87 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, August 10, 1987 Council Chambers, Municipal Building Meeting No. 87 - 16 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 None. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended. 1. Building Permits 2. St. Paul Water Department Facilities - Rice Street 3, P.C.A. - Lime Dust 4. Variances for Liquor Permits 5. Add Item F-5, Vaughn-Sandhurst Flooding 6. Air Conditioner 7, Responsibility 8. Timer 9. Development 10. Crime Night 11. Parking Lot Flooding 12. Dispatch Boxes 13. Add Item I-9 - Replacement of Clerk Typist - Nature Center 14. Add Item I-10 - Rr_creational Motor Ordinance Seconded by Councilmember -\nderson Ayes - all. E. CONSENT AGENDA Councilmember Bastian moved, seconded by Councilmember Wasiluk Ayes - all to approve the Consent Agenda, Items 1 through 7 as recommended 1. Accounts Payable Approved the Accounts (Part I - Fees, Services, Expenses Check register dated July 29, 1987 through July 31, 1987 - $362,702.60 Part II, Payroll dated August 7, 1987, gross amount $143,425.82) as submitted. 8/10 2. Final Plat Cave's Nebraska Addition Approved the Cave Nebraska Addition final plat. 3. Final Plat Hasse Addition Approved the Hasse Addition final plat. I 4. Final Plat Huntington Hills Second Addition Approved the Huntington Hills Second Addition final plat. 5. Time Extension Carver Heights Plat Approved a one year time extension for the Carver Heights preliminary plat subject to the original conditions. 6.'- Senior Citizen Deferment - Water Service District No. 6 Imp., City Project 86-03 Resolution No. 87 - 8 - 148 WHEREAS, the City Council of the City of Maplewood has previously levied assessments for Water Service District 6 Improvements, City Project 86-03, pursuant to Minnesota Statutes Chapter 429, and WHEREAS, three property owners have returned documentation of homestead and financial statements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That approval of deferment of assessments for City Project 86-03, Water Service District 6 Improvements, is hereby granted to the following: a. Regina Flipp, 2682 E. Geranium Avenue 25-29-22-33-0004 b. Esther .V. Lobinsky, 2523 Stillwater Road 25-29-22-13-0008 c. Paul M. Carrizales, 2466 E. Seventh Street 25-29-22-34-0004 2. That the option to defer the payment of special assessments will terminate and the amount together with accumulated interest, will become due and payable if any of the following events occur: a. The death of the onwer, provided that the spouse is otherwise not eligible for the deferment. b. The sale, transfer or subdivision of the property or any part thereof . c. If the property should, for any reason, lose its homestead status. d. If, for any reasons, the taxing authority deferring the payments shall determine that there would be no hardship to require immediate or partial payment. - 2 - 8/10. 3. That property described as PIN 25-29-22-33-0042, owned by Julia Lepschke is nonhomestead and therefore shall rot qualify for deferment. 7. Change Order No. 3 - Water Service District No. 6 - City Project 86-03 Resolution No. 87 - 8 - 149 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 86-03, Water Service District 6 Improve- , ments, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 86-03, Change Order 3. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the Mayor and City Clerk are hereby authorized and directed to modify the existing contract by executing said Change Order 3. F. PUBLIC HEARINGS 1. 7:00 P.M., Frost Avenue Assessment Hearing - Project 83-01 a. Mayor Greavu convened the meeting for a public hearing regarding the adoption of the proposed assessment roll for Frost Avenue Improvement 83-01. All objections will be reviewed and returned to Council for decision at the August 24, 1987 Meeting. b. Manager McGuire presented the Staff report. c. City Attorney Bannigan explained the hearing procedures. d. Director of Public Works Haider presented the specifics of the assessment roll. The following are the rates: Curb and Gutter 10.676 per front foot Storm Sewer RL .078 per square foot RM and SC .155 per square foot e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. The following were heard: Written objections were filed by: Ione M. Olson, 1932 English Patricia Titus, 1125 Ripley Gladstone Lumber Mart, 1870 English Richard Dean, 1881 Ide - 3 - 8/10 The following appeared in person: Don Copeland, 1870 English Wayne Lindahl, 1876 English Ray Wanless, 1840 English Maplewood Auto Clinic, 1160 Frost Avenue Moose Lodge representat~Ive,. 1946'~hnglssh John Paul Martin, Burlington Northern g. Mayor Greavu closed the public hearing. h. Mayor Greavu introduced the following resolution and moved its adoption: 87-8-144 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the reconstruction of Frost Avenue from Adele Street to Birmingham Street with street, curb and gutter and storm sewer as described in the files of the City Clerk as Project 83-01, and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against-the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual install- ments extending over a period of 20 years, the first of the installments to be payable on or after the first Monday in January, 1988, and shall bear interest at the rate of ten (10) percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1988. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assess- ment feasible. 4. To the extent that this improvement benefits nonabutting prop- erties which may be served by the improvement when one or more later extensions or improvements are made, but which are not - 4 - 8/10 herein assessed, therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to .reimburse the City by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other muni- cipal taxes. Seconded by Councilmember Wasiluk, Ayes - all. 2. 7:00 P.M., Tax Exempt Financing - HealthEast a. Mayor Greavu convened the meeting for a public hearing regarding the request of HealthEast for City approval for $160,000,000 in tax exempt financing to refinance current debt and to renovate and expand St. John's Northeast Hospital. b. Manager McGuire presented the Staff report. c. Mr. Jim Lemmons, representing HealthEast, spoke on behalf of the request. d. Mayor Greavu called for proponents, None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilmember Anderson moved to approve the Consent Agreement for the issuance of revenue bonds for the benefit of HealthEast. Seconded by Mayor Greavu. Ayes - all. h. Councilmember Anderson introduced the following resolution and moved its adoption• 87-$-150 RESOLUTION RECITING A PROPOSAL FOR A PROJECT AND GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT (HealthEast Obligated Group Project) It is hereby found, determined and declared: (a) Under the enactment by the Minnesota Legislature of Sections 469.152 through 469.165 of the Minnesota Statutes, which is cited as the "Municipal Industrial Development Act" (the "Act"), Minnesota Laws of 1980, Chapter 595, the City of Maplewood, Minnesota (the "City") and the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (the "HRA") are authorized to issue health care facilities revenue bonds to finance properties, real or personal, whether or not now in existence, - 5 - 8/10 used or useful in connection with a revenue-producing enterprise, whether or not operated for profit, engaged in providing health care services; and (b) In enacting the Act the Legislature found that the welfare of the State of Minnesota requires the active promotion, attraction, encouragement and development of economically sound industry and commerce to prevent, as far as possible, the emergence of blight and areas of chronic unemployment and to prevent economic deterioration; that new areas of employment oppor- tunity for educated youth of the communities in those communities should be retained and created; and that the welfare of the State of Minnesota requires provision of necessary welfare and health care facilities, to the end that adequate health care services be made available to residents of the state at reasonable costs; and (c) Acting on the basis of the common .powers of the City and the HRA conferred by the Act, HealthEast (the."Borrower") has proposed that the City and the HRA enter into a consent agreement under Minnesota Statutes, Sections ;.469.152 through 469.165 pursuant to which the HRA, acting pursuant to the Consent Agreement, would issue health care facilities revenue bonds (the "Revenue Bonds") to (i) finance the acquisition and construction of hospital and related health care facilities., including land, buildings, improvements to buildings and equipment and other movable personal property to be acquired by Borrower or a wholly-owned subsidiary or affiliate of Borrower, and located at, or used in connection with, existing facilities maintained by Borrower or a wholly owned subsidiary or affiliate of Borrower in the Cities of Maplewood and Saint Paul (ii) to discharge certain indebtedness previously incurred by Borrower or a wholly owned subsidiary or affiliate of Borrower with respect thereto; and (iii) to refund the HRA's Medical Facilities Revenue Notes, Series 1980 (Bethesda Lutheran Medical Center Project), the HRA's Commercial Development Revenue Note of 1982, Series A (Bethesda Lutheran Medical Center Project), the HRA's Commercial Development Revenue Note of 1982, Series B (Bethesda Lutheran Medical Center Project), a portion of the HRA's Hospital Facility Revenue Refunding Bonds (Carondelet Community Hospitals, Inc.), Series 1985-A, a portion of the HRA's Hospital Facility Revenue Bonds (Carondelet Community Hospitals, Inc.) Series 1985-B, the HRA's Hospital Revenue Refunding Bonds (Baptist Hospital Fund, Incorporated Midway Hospital Project), Series 1982-A, the Gity of Maplewood's Hospital Revenue Bonds (Health Resources Hospital Corporation), Series 1983, the City of Maplewood's Tender Option Hospital Refunding Bonds, Series 1985 (Health Resources Hospital Corporation), the Port Authority of the City of Saint Paul's Industrial Development Revenue bonds, Series 1984-D (St. Joseph's Hospital Project), and the Port Authority of the City of Saint Paul's Commercial Development Revenue Note of 1984 (Bethesda Lutheran Medical Center Project); and (d) The Borrower has proposed that the HRA issue one or more series of its Revenue bonds in one or more series for the purpose of financing the Project, including certain incidental expenses thereto, in an approximate maximum aggregate principal amount of $160,000,000; of which it is presently estimated that a maximum aggregate amount of $62,200,000 in Revenue Bond proceeds will be expended on hospital and related health care facilities within the City; and the proposal calls for the Borrower to enter into a revenue agreement wherein the Borrower and/or subsidiary or affiliated or - 6 - 8/10 related corporations of or to the Borrower will be obligated to make payments under the revenue agreement at the times and in the amounts sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Revenue bonds and all costs and expenses of the City and the HRA incident to the issuance and sale of the Revenue Bonds; and (e) The undertaking of the proposed Project and the issuance of the Revenue bonds to finance the cost thereof will further promote the public purposes and legislative objectives of the Act by providing substantial inducement for the continuation of the health care operations of the Borrower in the City and the City. of Saint Paul; and (f) Neither the full faith and credit of the City nor the full faith and credit of the City of Saint Paul or the HRA will be pledged or responsi- ble for the Project or for the payment of the principal of, premium, if any, and interest on the Revenue Bonds; and (g) The City, pursuant to Minnesota Statutes, Section 469.154, Sub- division 4 did publish a notice, a copy of which with proof of publication is on file in the office of the City Clerk of the City, City Hall, Maplewood, Minnesota, of the public hearing on the proposal of the Borrower that the HRA, acting pursuant to the Consent Agreement, finance the Project and the City did conduct a public hearing pursuant to said notice, at which hearing all persons who appeared at the hearing were given an opportunity to express their views with respect to the proposal which notice, publication and hear- . ing are hereby in all respects approved; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA (the "City Council") as follows: 1. The City Council hereby gives preliminary approval to the proposal of Borrower that the HRA, acting pursuant to the Consent Agreement, issue the Revenue Bonds in one or more series pursuant to the Act, and pursuant to a revenue agreement (the "Revenue Agreement") be- tween the HRA and Borrower (and/or related or affiliated corporations to the Borrower) upon such terms and conditions with provisions for revision from time to time as necessary, so as to produce income and. revenues sufficient to pay, when due, the principal of and interest on the Revenue bonds in the total maximum aggregate principal amount of approximately $160,000,000 to be issued pursuant to the Act to finance the Project; 2. On the basis of information available to this City Council it appears, and the City Council hereby finds, that the Project con- stitutes properties, real and personal, used or useful in connec- tion with one or more revenue producing enterprises engaged in providing health care services within the meaning of Subdivision 2d of Section 469.153 of the Act; that the Project furthers the purposes stated in Section 469.152, Minnesota Statutes; that the availability of the financing under the Act and willingness of the HRA, acting pursuant to the Consent Agreement, to furnish such financing was a substantial inducement to Borrower to undertake - 7 - 8/10 the Project, and that the effect of such financing, if undertaken, will be to assure that adequate health care services will be made available to the residents of the state at reasonable costs and will otherwise further those other purposes set forth in Minnesota Statutes, Section 469.152; 3. The Project is hereby given preliminary approval by the City subject to the approval of the Project by the Minnesota Commis- sinner of Trade and Economic Development, and subject to the final approval by the HRA, Borrower and the purchasers or under- writers of the Revenue Bonds as to the ultimate details of the financing of the Project; 4. In accordance with Subdivisions 3 and 6 of the Section 469.154 Minnesota Statutes, the City hereby authorizes and requests the HRA to submit, pursuant to the Consent Agreement, the proposal for the Project to the State Commissioner of Trade and Economic Development requesting approval; and other officers, employees and agents of the City are hereby authorized to cooperate with the HRA in closing and to provide the commissioner of Trade and Economic Development with such preliminary information as he may require; 5. Borrower has agreed and it is hereby determined that any and all costs incurred by the City in connection with the financing of the Project whether or not the Project is carried to completion and whether or not approved by the State Commissioner of Trade and Economic Development will be paid by Borrower; 6. The original purchaser of each series of Bonds, and Briggs and Morgan, Professional Association, acting as bond counsel, are authorized to assist in the preparation and review of necessary documents relating to the Project, to consult with the attorney of the HRA, the Borrower and the purchaser of the Revenue Bonds as to the maturities, interest rates and other terms and provi- sions of the Revenue Bonds and as to the covenants and other pro- : visions of the necessary documents and to submit such documents to the HRA for final approval; _ 7. Nothing in this resolution or in the documents prepared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the City for this purpose or authorize issuance of the Revenue Bonds on behalf of the City. The Revenue Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City, the City of Saint Paul, or the HRA except the revenue and proceeds pledged to the payment thereof, nor shall the City, the City of Saint Paul or the HRA be subject to any liability thereon. The holder of the Revenue Bonds shall never have the right to compel any exercise of the taxing power of the City, the City of Saint Paul or the HRA to pay the outstanding principal on the Revenue bonds or the interest thereon, or to enforce payment thereof against any property of the City, the City of Saint Paul or the HRA. The Revenue Bonds shall recite in substance that the Revenue Bonds, including interest thereon, is payable solely from the revenue and proceeds pledged to the payment thereof. The Revenue Bonds shall not constitute a debt of the City, the City of Same Paul, or the HRA within the meaning of any constitutional or statutory limitation; - 8 - 8/10 8. The actions of the City's staff in causing public notice of the public hearing and in describing the general nature of the Project and estimating the principal amount of the Revenue bonds to be issued to finance the Project and cooperation with the HRA in pre- paring a draft of the proposed application to the State Commissioner of Trade and Economic Development, for approval of the Project, which has been available for inspection by the public in the office of the City Clerk, City Hall, Maplewood, Minnesota, from and after the pub- lication of notice of the hearing, are in all respects ratified and confirmed. 9. The Mayor and City Clerk of the City are hereby authorized and directed to enter into and execute on behalf of the City a Consent Agreement for the Project in substantially the form presented to the City at this meeting. Adopted by the City Council of the City of Maplewood, Minnesota, this 10th =day of August, 1987. EXHIBIT A Maximum Aggregate Governmental Unit Amount of Having Jurisdiction Obligations to be Over Area in Which Initial Street Issued with respect Facility is Owner or Address of to Located Operator Facility Facility City of Saint Paul Baptist 1700 W. $37,800,000 Hospital University Fund, Inc. Avenue St. Paul, Mn. City of Saint Paul Bethesda Lutheran 559 Capitol $21,100,000 Medical Center Boulevard and Bethesda St. Paul, Mn. Lutheran Hospital, Inc. City of St. Paul St. Joseph's 69 West $34,500,000 Hospital Exchange St. St. Paul, Mn. City of Saint Paul St. John's 403 Maria $4,400,000 Lutheran Avenue Hospital St. Paul, Mn. Association City of Maplewood St. John's 1575 Beam $62,200,000 Northeast Avenue Community Maplewood, Mn. Hospital Seconded by Mayor Greavu. Ayes - all. - 9 - 8/10 3. 7:10 P.M., Markfort Addition a. Preliminary Plat b. Rezoning c. Public Improvement Project 1. Mayor Greavu convened the meeting-for a public hearing regarding the proposal to approve a preliminary plat for 24 single dwelling lots on Desoto Street south of Roselawn; rezoning the property from F-farm residence to R-l, single dwelling; initiate a public improve- ment project to acquire right of way for Ripley Avenue west of this plat. 2. Manager McGuire presented the Staff report. 3. Director of Community Development Olson presented the specifics of the proposal. 4. Commissioner Lorraine Fischer presented the Planning Commission recommendation. 5. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following expressed their views: Leo Markfort Ron Dahlquist Louis P. Gilbert Audrey Duellman 6. Mayor Greavu closed the public hearing. 7. Councilmember Anderson introduced the following resolution and-:maned its adoption• 87 - 8 - 151 WHEREAS, the City of Maplewood initiated a rezoning from F, farm residence to R-1, single dwelling for the Following-described property: The East 3/4 of the South 1/2 of the South 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section 17, Township 29, Range 22, subject to the rights of the public in highways, according to the government survey thereof. WHEREAS, the procedural history of this rezoning is as follows: 1. The 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 July 20, 1987. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on August 10, 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: 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 ad- jacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and con- - veniences 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 ser- vices and facilities, such as public water, sewers, police and fire protection and schools. 5. The proposed change would avoid any potential nuisances that could arise from farm uses, such as the raising of livestock, in a residential neighborhood. Seconded by Councilmember Bastian. Ayes - all. 8. Councilmember Bastian moved to refer the preliminary plat to staff to review and report back to Council. Seconded by Councilmember Anderson. Ayes - all. 9. Councilmember Bastian moved to table the initiating of a public improvement project from Ripley Avenue right of way acquisition. Seconded by Councilmember Anderson. Ayes - all. 4. 7:20 P.M., Cave's Junek Park Preliminary Plat a. Mayor Greavu convened the meeting for a public hearing regarding the request of Ed Cave and Sons, for approval of Cave,'s Junek Park preliminary plat for 21 single dwelling lots located at Idaho Avenue and Sterling Street. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the details of the proposal. - 11 - 8/10 d. Commissioner Lorraine Fischer presented the Planning Commission recommendation. e. Mayor Greavu called for proponents. The following-were heard: Sam Cave, representing Ed Cave & Sons f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Mayor Greavu moved to approve Cave's Junek Addition preliminary plat (plans stamped April 20, 1987), subject to the following conditions being met before final plat approval: 1. The plat shall be revised as illustrated on the map on page 15. The required changes include: a. Mary Court shall intersect with Idaho Avenue at a right angle, with Idaho Avenue being the through-street. The City shall approve the radius of this curve. This alignment shall allow for a row of lots south of the extended street, with each lot having at least 10,000 square feet of area above the easement for the required two-acre-foot pond. (Refer to Condition Four.) b. Drop Lot Seventeen. c. Expand Lot Sixteen to comply with corner lot dimension requirements. The width of Lots Twelve through Fifteen may be adjusted by the applicant, provided that minimum width and area requirements are complied with outside of th,e required ponding easement (Condition Four). d. Extend the Idaho Avenue right-of-way to the northeasterly extension of the revised northwest property line of Lot Sixteen. e. Revise the west line of Lot One, Block One, to provide for a perpendicular driveway interesection with Idaho Avenue. The driveway shall be twelve feet wide, with at least five feet of setback to eahc side property line. f. Amend the plat boundary to conform with the above revisions. 2. An opinion shall be submitted by a certified soils expert which describes the soil correction procedure(s) necessary to fill the areas proposed as building sites for the lots west of Mary Court. These proc:e3ures shall be included in the developer's agreement. 3. A ponding easement shall be shown on the plat at and below the 1004 contour elevation for .the pond north of Idaho Avenue, as approved with the grading plan for the Sterling Addition. 4. A ponding easement shall be shown on the plat along the rear portion of Lots 13-16 (as revised in Condition One). This ease- ment shall include one foot of elevation above the 100-year pond design. Each of the adjoining lots shall have at least 10,000 square feet of area above this easement. - 12 - 8/10 5. A recordable, quit-claim deed shall be submitted to the City Engineer for the portion of Outlot A, Sterling Street Addition that will be located east of proposed Lots Seven and Eight, Block Two. The applicant may also include this area in this plat and dedicate it to the public for drainage purposes. 6. Atwenty-foot-wide storm sewer easement shall be shown between Mary Court and the pond to the west. The location shall be approved by the City Engineer. 7. Increase the size of the ponding easement proposed to encroach on Lot Two, Block One to that shown on the grading plan sub- muted with Sterling Street Addition (received 6-9-86). In that grading plan the south 87+ feet of this lot was outside of the ponding easement. The building pad shall also be reduced in width to that approved with the Sterling Street Addition. ` The spoils located within the required easement area shall be removed. 8. The final grading, drainage, utility and erosion control plans shall be approved by the City Engineer. These plans shall in- clude, but not be limited to: a. The location of the four-inch and larger diameter trees to be saved shall be shown on the grading plan. The location and type of trees to be replanted (Condition l0A) shall be shown in the grading plan. b. The distance between the building pad for Lot One, Block One, and the west property line shall be dimensioned as 27 feet. on the grading plan. (A rear yard setback "ordinance to allow a 27-foot setback was approved for this lot as part of the Cave's Sterling Street Addition approval.) The proposed 1002-foot con- tour elevation shall not be moved to the east. c. In the grading plan, show the location of the driveway for Lot One, Block One, to be consistent with the requirements stated in Condition lE. d. The north-south storm sewer on Lots 12 and 13 shall be elimi- nated. 9. Submittal to the City Engineer of a recordable quit-claim deed for the portion of the required two-acre-foot pond (Condition Four) that will be .located on the property adjacent to this plat. The legal description shall be approved by the City Engi- neer. The lotting plan on page 13 shall be used to establish the limits o£ this easement. As much o£ the natural wetland as possible shall be included in the easement. 10. Submittal of a signed developer's agreement to the City Engineer with the required surety for the public improvements required for this development, including the storm water pond that straddles the west line of the plat. This agreement shall also guarantee that: - 13 - 8/10 a. Trees will be planted to comply with Section 9-191 (5)(b) of the environmental protection ordinance. b. The prescribed soil correction procedure in Condition Two will be followed. 11. Submit a recordable covenant to the Director of Community Development that restricts the driveway access to Lot Sixteen (as revised) to Mary Court until Idaho Avenue is constructed west of this plat. Seconded by Councilmember Anderson. Ayes - all. S. Vaughn - Sandhurst Drive Flooding Problems. a. Mrs. Vaughn, 1633 Sandhurst Drive and John Juzik, Mrs. Vaughn's attorney, spoke again regarding their flooding problems that were experienced. They requested the City to correct the problems. b. Staff to investigate. G. AWARD OF BIDS None. H. UNFINISHED BUSINESS 1. Building Setback to Pipelines - Second Reading a. Manager McGuire presented the Staff report. b. The following persons asked questions regarding the proposed ordinance: Don Conklin, representing Mr. Howlett, 2170 E. County Road D Gene Wilson, representing Robert Hajicek, 1700 E. County Road D c. Councilmember Juker moved to amend Section 9-215 to reword the purpose of the ordinance. Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson, Bastian, Juker and Wasiluk Nay - Mayor Greavu. d. Councilmember Bastian moved to amend Section 9-221, subsection 3, to in- sert and shall expire on July 1, 1989. Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson, Bastian, Joker and Wasiluk Nay - Mayor Greavu. e. Councilmember Juker introduced the following ordinance and moved its adoption: - 14 - 8/10 ORDINANCE N0. 606 An Ordinance Regulating Developmenmt Near Pipelines Section 1. Article XI is hereby added to Chapter 9 of the Maplewood code of ordinances, as follows: ARTICLE XI. PIPELINE SETBACK ORDINANCE Sec. 9-215. Purpose It is the purpose of this article to protect the public £rom the hazards of a pipeline leak by requiring that new buildings designed for human occupancy must meet a minimum required setback. Section 9-216. Applicability This article shall apply to any new subdivision, building or addition proposed to be located within 100 feet of a pipeline. Section 9-217. Definitions Pipeline: (1) pipe with a nominal diameter of six inches or more, located in the state, that is used to transport hazardous liquids, but does: not: include pipe used to transport or store a hazardous liquid within a refinery, storage, or manufacturing facility: or (2) pipe operated at a pressure of more than 275 pounds per square inch that carries gas. Building: Any structure designed primarily for human use or occupancy, including, but not limited to, businesses, offices, residences, and institutions. Decks, overhangs, porches, or any similar attached structures shall be considered part of the building. Section 9-218. Building Setback All buildings subject to the provisions of this article and all newly created lots shall be designed to accommodate a setback of at least 100 feet from a pipeline. This setback may be reduced, where the City finds that: a) the building would be protected from the radiant heat of an explosion by berming or other physical barriers, and b) a 100-foot setback would be impractical or unnecessary because of existing geography, streets, lot lines or easements, and c) there will be guaranteed construction of an oil containment system or other mitigating facility where the City Engineer finds that a leak would accummulate within the setback area. The design must be approved by the City Engineer. - 15 - 8/10 Section 9-219. Pipeline Location At the time of application for a building permit, site plan review or preliminary plat, the applicant shall provide a scaled site plan that shows the location of any pipeline within 100 feet of their site. This location must be based upon field data, provided by a registered land surveyor, using government survey monuments. The elevation of the pipe- line shall be shown in the site plan and on a grading plan, when such plan is required to be submitted. Sec. 9-220. Lot of Record A proposed building on an undeveloped lot of record that cannot be con- structed because of this article, shall be allowed to be constructed if the building is located so as to comply with this article as closely as possible. The City may require an oil containment system, to be approved ' by the City Engineer. An existing lot of record in an existing residential area is exempted from this ordinance. Secs. 9-221 - 9-230. Reserved Section 2. Section 30-8 of the subdivision code is amended by adding Subsection 12 as follows: (12) Pipelines. The City may require additional lot width or depth to provide enough buildable area to meet the pipeline setback ordinance in Article XI of Chapter 9. Wherever practical, subdivisions shall be de- signed with any existing pipeline along rear lot lines. Section 3. This ordinance shall take effect upon its passage and publication and shall expire on July 1, 1989. Passed by the City Council of Maplewood, Minnesota, this 10th day of August, 1987. Mayor Attest: City Clerk Ayes - 4 Nay - 1 Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson, Bastian, Juker and Wasiluk. Nay - Mayor Greavu. 2. Commissions Recognition Dinner a. Councilmember Anderson moved to hold a Commissions Recognition Dinner in December. Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Wasiluk. Nay - Councilmember Bastian - 16 - 8/10 3. Council Salaries Ordinance - Second Reading a. Manager McGuire presented the Staff report. b. Councilmember Anderson introduced the following ordinance and moved its adoption• ORDINANCE N0. 607 AN ORDINANCE AMENDING THE MAPLEWOOD CODE RELATING TO COMPENSATION The Council of the City of Maplewood does hereby ordain as follows: Section 1. Section 2-23. COMPENSATION. Is hereby amended to read as follows: Pursuant to Section 415.11 Subd. 1 of Minnesota Statutes, the salary of the Mayor is hereby established as Five Thousand Five Hundred Dollars ($5,500.00) per year, payable in monthly installments, and the salary of each member of the Council is established at Four Thousand Six Hundred Dollars ($4,600.00) per year, payable in monthly installments, effective January 1, 1988 to De- cember 31, 1988; and thereafter the Mayor's salary and the salary of each Council Member shall be adjusted in the amount to be paid based on a change in the cost-of-living. Such adjustment shall be based on the cost-of-living index published by the Department of Labor. Such adjustment becomes effective on the first of January of the year for which it is made, unless the Council, by majority vote, rules the adjustment for the year at the first meeting in January. Mayor ATTEST: City Clerk Ayes - 3 Nays - 2 Seconded by Councilmember Wasiluk. Ayes - Councilmembers Anderson, Juker and Wasiluk Nays - Mayor Greavu and Councilmember Bastian. I. NEW BUSINESS 1. Purchase of Mini Park - Nebraska a. Manager McGuire presented the Staff report. b. Councilmember Wasiluk moved to approve Cave's Nebraska Second Addition and approve the expenditure of $40,000 from the PAC Commercial Account. - 17 - 8/10 Seconded by Councilmember Anderson. Ayes - al L 2. Easement Agreement - Frost Avenue Reconstruction - City Project 83-01. a. Manager McGuire presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adtopion: 87-8-152 WHEREAS, the Council has ordered made City Project 83-O1, Frost Avenue Reconstruction, and WHEREAS, the Council has levied assessments against benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, easements are required for the project on property owned by Burlington-Northern, Inc., through its real estate division, the Glacier Park Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that payment in the amount of $17,500 is hereby approved to Burlington-Northern, Inc., and the Mayor and City Manager are hereby authorized to execute an easement agreement for acquisition of said easements. Seconded by Councilmember Bastian. Ayes - all. 3. Solid Waste Committee Report. a. Councilmember Anderson moved to accept the report submitted by the Solid Waste Committee. Seconded by Councilmember Bastian. Ayes - all. b. Councilmember Bastian moved to direct Staff ,to draft an ordinance from Alternative No. 1 of the study and to establish public hearings. Seconded by Councilmember Wasiluk. The following persons expressed their views: Larry Knutson, Knutson Service Kevin Nordby, B.F.I. Lorraine Fischer, Planning Commission Voting on the motion: Ayes - Councilmembers Anderson, BAstian and Wasiluk Nays - Mayor Greavu and Councilmember Juker. - 18 - 8/10 4. Suburban Rate Authority Membership a. Manager McGuire presented the Staff report. b. Councilmember Bastian moved to table the Staff report and delay the decision of retaining membership in the Suburban Rate Authority. Seconded by Councilmember Juker. Ayes - all. c. Council directed the Manager to attend the next meeting. 5. N.A.P.A. a. Councilmember Bastian moved to approve a variance to allow N.A.P.A. to retain the blue color on the outside walls. Seconded by Councilmember Wasiluk Ayes - Mayor Greavu, Councilmembers Bastian and Wasiluk Nays - Councilmembers Anderson and Juker. Councilmember Anderson moved to waive the Rules of Procedures and extend the meeting past the deadline to 11:30 P.M. Seconded by Mayor Greavu. Ayes - all. 6. Drainage Problem - Leigh Property a. Mr. Ted Leigh, 2594 English, requested Council solve his problems of accumulation of dirt, sand, etc., at the end of his driveway. b. Director of Public Works Haider explained to the Council that most of the problem was caused by the construction of homes along the street. c. No action taken. 7. Geranium Tracks a. Manager McGuire presented the Staff report. b. Councilmember Bastian moved to approve the expenditure of $10 000 for excavation, trail and improvements to Geranium Park and the funds be author- ized from the neighborhood PAC account. Seconded by Councilmember Anderson. Ayes - all. 8. Rules of Procedures a. Councilmember Anderson moved to amend the Rules of Procedures, Section 1 to read as follows: Section 1. Curfew: No additional Agenda items will be discussed after 10:30 P.M. Meetings adjourned under this policy will be continued to the Thursday Council/Staff meeting at 4:30 P.M. prior to the regular Council meeting. The continued meeting will start at the point where the adjournment occurred. No new items will be added to the continued meeting agenda. - 19 - 8/10 Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Wasiluk Nay - Councilmember Bastian. 9. Replacement of Clerk Typist - Nature Center a. Manager McGuire presented the Staff report. b. Mayor Greavu moved to approve the posting and hiring of a permanent part-time Clerk Typist I position for the Maplewood Nature Center. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Wasiluk 10. Ordinance - Temporary Liquor Permit Nay - Councilmember Juker a. Manager McGuire presented the proposal. b. Councilmember Bastian moved to continue this item until August 13, 1987. Seconded by Mayor Greavu. Ayes - all. J. VISITOR PRESENTATION 1. George Rossbach, 1406 E. County Road C a. Mr. Rossbach stated he had talked to Mr. Charles Pearson and agreed to present three items that, if possible, could cut down the number of times the Hazelwood siren is sounded. (Mr. Pearson requested Council to prohibit the siren being sounded.) The three items are: 1. Repeated calls - do not use siren when call is for residence where there have been repeated calls. 2. Length of sound - cut down the length of time siren is sounded. 3. Metro calls - when a call is for an area that does not affect the Hazelwood Area - do not use siren. b. Director of Public Safety stated on repeat calls - every call has to be answered with whomever is necessary. The siren is sounded for 45 seconds, the fire department is investigating the possibility of only 30 seconds. Metro calls are out of the City''-s jurisdiction. K. COUNCIL PRESENTATIONS 1. Building Permits a. Councilmember Bastian stated a contractor was building a homee on the northeast corner of McKnight and Lydia. The same contractor has con- stru~ted a home just a short distance from this building site and had created drainage problems for a neighbor, Mr. John Yorkovich, 3044 Stand- ridge Place. Is there some way to require contractors to post a bond when a problem is not corrected? - 20 - 8/10 b. Mr. Yorkovich stated he has met with the builders in question many times and has not corrected the problem. c. Staff to investigate. 2. St. Paul Water Facilities -Rice Street a. Councilmember Bastian stated he and Director of Public Works Haider had attended a meeting regarding the St. Paul Water Facilities. Questions raised were pertaining to the pumps are running all hours, lime dust, road damage, and noise, etc. He requested Staff review possibilities to correct these situations. b. Councilmember Bastian stated he would like to see the mining permit ordinance, noise ordinance, etc., expanded to cover the problems at the St. Paul Water Facilities. 3. Vaughn Property. Discussed as Item F-5. 4. Recreation Ordinance a. Councilmember Juker commented on several requirements in the Recreational Vehicle Ordinance. b. No action. 5. Air Conditioner a. Councilmember Anderson questioned why the air conditioning problem in City Hall was not being resolved. b. Staff is reviewing the problems. 6. Timer a. Councilmember Anderson stated he thought Council should buy a timer and make sure no one talks over the time limit. 7. Responsibility a. Councilmember Anderson stated he felt when citizens file a complaint about the City they should receive a letter informing them of what action is being taken. b. No action taken. 8. Development a. Councilmember Wasiluk questioned if it would be feasible to limit the number of developments within a year. b. Referred to Staff. - 21 - 8/10 9. Crime Night a. Councilmember Wasiluk questioned what Council was to do regarding Crime Night. b. Director of Public Safety Collins stated Council was needed for support of the programs, There will be police officer at each station to answer any questions. A Councilmember will be at each fire station. Mayor Greavu will be at East County Line #2 Councilmember Anderson will be at East County Line #1 Councilmember Bastian will be at Hazelwood Councilmember Wasiluk will be at Parkside Councilmember Juker will be at Gladstone 10. Replacement of Clerk-Typist - Nature Center Discussed as Item I-9 11. Parking Lot Flooding a. Councilmember Juker stated she had received a complaint that the City Hall parking lot had flooded during the last super storm b. Director of Public Works Haider stated that the drains were plugged and are working now. .4ayor Greavu recessed the meeting at 11:30 P.M. to reconvene at 4:25 P,M., August 13, 1987. Mayor Greavu reconvened the meeting at 4:34 P.M. 12. Dispatch Boxes To be discussed at a future meeting. 13. Liquor Ordinance - Temporary Permit a. Mayor Greavu moved first reading of an ordinance Qrantina temporary ' liquor permits. Seconded by Councilmember Juker. Ayes - all. L. ADMINISTRATIVE PRESENTATIONS None. City Attorney Bannigan stated it was appropriate to adjourn the meeting and meet in "closed session" to discuss comparable worth. M. ADJOURNMENT 4:42 P.M. City Clerk - 22 - 8/10