HomeMy WebLinkAbout09.14.87 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, September 14, 1987
Council Chambers, Municipal Building
Meeting No. 87 - 18
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. Visitor Presentation
2. Larger Lots
3. Composting Uours
4. Add I-11, Recognition Dinner
- 5. Development Committees
6. Receptionist
7. License Department
8. Survey Lots
9. Manager Evaluation
10. Board of Water Commissioners
11. Senior Citizen Advisory Committee
12. Delete I-7
13. Request to Install Utilities before preliminary plat approval. I-12
14. Approval of Plans and Specifications - Mailand Road, I-13
Seconded by Councilmember Bastian. Ayes - all.
E. CONSENT AGENDA
Mayor Greavu moved, seconded bV Councilmember Juker, Ayes - all, to approve the
Consent Agenda, Items 1 through 14 as recommended.
1. Accounts Payable.
Approved the accounts (Part I - Fees, Services, Expenses check register dated
August 26 thru September 02, 1987 - $479,003.16 Part II - Payroll dated
9-4-87, gross amount of $140,726.42) as recommended.
9/14
2. Gloster Fence
Approved the expenditure of $1500.00 for a chain link fence for Gloster
Park with funds. provided through the Commercial PAC charge.
3. Furniture Bids
Approved the purchase of the following described furniture as authorized
based on low bidder:
Council Chairs Division O1 $6,611.00
Manager Desk, Seating, Etc. Division 02 4,756.49
Reception Area Division 02 450.44
Police Chairs Division 46 807.00
Park & Recreation chair Division 61 413.00
4. Time Extension N.E. Metro Area
Approved a five-year extension for the conditional use permit issued to the
Northeast Metro Alano to hold meetings at 1955 Prosperity Road.
5. Tax-Exempt Financing Beaver Creek Apartments (Final Approval)
Resolution 87 - 9 - 164
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 FINA-NCE
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 Creek
Apartments Limited Partnership, a Minnesota limited partnership (the
"Company") that the City undertake to finance a certain Project and multi-
family rental housing program for such Project as herein described, pur-
suant 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 con-
struction 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 Refunding
Bonds, Series 1987 (Beaver Creek Apartments Project). The Project as
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described above will facilitate the development of rental housing within
the community; encourage the development of affordable housing opportune-
ties for residents of the City, encourage the development of housing faci-
lities designed for occupancy by persons of low or moderate income and
assist such persons in obtaining decent, safe and sanitary housing at rentals
they can afford; encourage 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 authorizing resolution for the 1985 Bonds on Decem-
ber 23, 1985, are hereby ratified, affirmed and approved.
3. It is proposed that, pursuant to a Loan Agreement dated as of Sep-
" tember 1, 1987, between the Gity as Lender and the Company as Borrower (the
"Loan Agreement"), 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 Agreement 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 September 1, 1987 (the "Inden-
ture") between the City and the Trustee. The acquisition, construction,
operation and occupancy of the Project will conform to the terms and condi-
tions of a Regulatory Agreement (the "Regulatory Agreement") dated as of
December 1, 1985, and amended and restated as of September 1, 1987, between
the City, the Company and the Trustee and a Declaration of Restrictive Cove-
Hants dated as of December 27, 1985, and amended and restated as of Septem-
ber 1, 1987 (the "Declaration"), both executed by the Company and to be re-
corded as a covenant and restriction running with the land on which the
Project is located.
4. The 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.
5. 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 financing program for the Project is authorized by ths:- Act;
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(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 faci-
lities 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
Agreement and .the Regulatory Agreement (collectively. the "Agreements"),
and the performance of all covenants and agreements of the City con-
tained in the Agreements, and of all other acts and things required
under the constitution and laws of the State of Minnesota and City
Charter to make the Agreements valid and binding obligations 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 Declaration,
which terms and conditions the City determines to be necessary, desir-
able 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;
(f) The Basic Payments under the Loan Agreement are fixed to pro-
duce revenue sufficient to provide for the prompt payment of principal
of, premium, if any, interest on, and the purchase price of, the Bonds
issued under the Indenture when due, and the Loan Agreement, Indenture
and Regulatory Agreement also provide that the Company is required to
pay all expenses of the operation and maintenance of the Project, in-
cluding, 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 assessments 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 reve-
nues pleged to the payment thereof; the City is not subject to any
liability 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, thereon, 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 Inden-
ture; 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
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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 subdivisions, 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 Agree-
ment 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 and the rate of interest
on the Bonds shall be such rate or rates as the Mayor, the City Clerk, the
Bond Purchaser and the Company shall agree to, but not to 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 exe-
cute the bonds as prescribed 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 re-
quired 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 furnished, 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
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necessary and appropriate and such modifications thereof, deletions
therefrom and additions thereto as may be necessary and appropriate
and approved by the City Attorney and the City officials authorized
herein to execute said documents prior to their execution; and said
City Attorney and City officials are hereby authorized to approve
said changes on behalf of the City. The execution of any instrument
by the appropriate officer or officers of the City herein authorized
shall be conclusive evidence of the approval of such documents in
accordance 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 executed by any officer or member of the City acting in their behalf.
6. Time Extension: Miggler Addition
Approved a one-year time extension for the Miggler Addition preliminary plat
subject to amending the September 22, 1986, conditions of approval as follows:
1. Submittal of a 66-foot-wide right-of-way easement to the City
Engineer for the extension of proposed Miggler Drive to Gervais
Avenue. The applicant shall pay all costs for acquring this ease-
. ment, including any costs for acquisition by condemnation. This
easement shall not encroach upon the City's property abutting to
the east.
2. Submittal of a signed developer's agreement with requiredrsurety
for required public improvements, including the construction of the
street and water main extension to Gervais Avenue and to guarantee
removal of the truck farm structures that are in conflict with ordi-
nance requirements based on plat lines.
3. The water main to be constructed in proposed Miggler Drive shall
be looped to the water main in Gervais Avenue.
4. Delete Lot Two, Block Two and renumber Lots Three through Five to
- Lots Two through Four. Lot One, Block Two shall be enlarged to include
_ the west 185# feet of the former Lot Two. The former Lot Three shall
be enlarged to include the easterly 115± feet of the former Lot Two.
5. Phasing of the plat may be permitted provided:
a. Development is limited to Lots One, Two and Three of Blocks
One and Lots One and Two of Block Two (as revised in condition
four) until street and water main are extended to Gervais Avenue.
The area not being developed in the first phase shall be shown as
an outlot.
b. A developer's agreement shall be submitted with the required
surety for all public improvements needed to serve the first
phase and to guarantee the removal of any truck farm structures in
violation of setback requirements. This agreement shall include
the submission of a temporary 108-foot diameter cul-de-sac ease-
ment to the City and construction of a 100-foot diameter temporary
cul-de-sac. The bulb of the cul-de-sac shall be constructed to the
east line of Lot Two, (as revvsed in condition four), Block Two.
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c. Fire flows in proposed Miggler Drive must meet the fire
code.
6. Miggler Drive shall be a 66-foot-wide right-of-way.
7. "Miggler Drive" shall be renamed "Brooks Avenue."
,j 8. City Engineer approval of final grading, drainage and utility
plans.
7. Increase: 1988 Ambulance Rates.
Resolution No. 87 - 9 - 165
WHEREAS, the City of Maplewood is authorized to impose reasonable
charges for emergency and paramedic ambulance services by Minnesota
Statutes 471.476 and by special laws (Chapter 426, Laws of 1975, and
Chapter 743, Laws of 1978); and
WHEREAS, it is fair and reasonable to charge for services rendered
based upon the length of time services are provided between arrival at
the scene and arrival at the hospital or clinic.
NOW, THEREFORE, IT IT RESOLVED, that the following charges shall be
effective January 1, 1988:
CHARGE LENGTH OF TIME ~1i'.RVICES REA'DERED
$ 174 Over 50 minutes
$ 116 31 - 50 minutes
$ 58 11 - 30 minutes
BE IT FURTHER RESOLVED, that there shall be no charge for services
rendered when the length of services is 10 minutes or less, when the
patient is not transported, or when the patient is transported to the
detoxification center.
8. Increase: 1988 License/Permit Fees and Services Charges
Approved the following 1988 fee schedule:
Proposed
1987 1988
Fee Fee
Amusement Park License $118 $123
Bench Permit:
First Bench 36 38
Each Additional Bench 21 22
Bingo License:
For One Night/Wk, for 52 Wks. 118 123
For Two Nights/Wk, for 52 Wks. 237 248
One Night 15 15
Christmas Tree Sales:
Regular 113 118
Non-Profit Organization 88 92
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Cigarettes & Tobacco 31 32
Coin-Operated Amusement Devices:
Per Location 118 123
Per Machine 31 32
Dog Kennels:
First time 31 32
Renewal 15 16
Gambling License 118 123
Gambling Investigation &
Administration Fee 250x 250;`
Golf Course 119 124
Motels:
1 - 15 Units 48 50
16 - 35 Units 75 78
36 - 100 Units 117 122
Over 100 144 150
Restaurant and/or Bakery:
Food Establishment 129 135
Catering Food Vehicle:
First Vehicle 67 70
Each Additional 31 32
Fleet License 180 188
Itinerant Food Establishment:
(Limit 7 days)
First Day 31 32
Each Additional Day 16 17
Non-Perishable Food Vehicle:
First Vehicle 30 31
Each Additional 21 22
Fleet License 82 86
Potentially Hazardous Food Vehicle:
First Vehicle 93 97
Each Additional 46 48
Fleet License 268 280
Special Food Handling Establishment 46 48
Tavern License 237 248
Taxicab License:
Base Charge 31 32
Each Driver 11 12
Theater License:
Indoor 118 123
Outdoor 237 248
Contractor's License 64 68
3.2 Beer License:
On-Sale 100 100`
Off-Sale 30~ 30'"
Temporary Food & Beer 16/Day 17/Day
LICENSES DUE JULY 1st:
Used Car Dealer 237 248
Fee established by State.
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LICENSES DUE AUGUST 1st:
Motor Vehicle repair 43 45
Service Station:
First Pump 48 50
Each Additional Pump 7 8
Trailer Rental:
First 5 Trailers 16 17
Each Additional Trailer 5 6
LICENSES DUE NOVEMBER 1st:
Club Liquor License 300 300#
On-Sale Liquor 4,595 4,800
Off-Sale Liquor 200# 200"
Sunday Liquor 200# 200
Beer and Wine:
Seating up to 25 900 940
Each Additional 10 Seats 118 123
Maximum 2,390 2,500
MISCELLANEOUS SERVICE CHARGES:
Tax-Exempt Mortgage Revenue
Financing - Commercial
Base Charge (9 of Bond Issue) 1~ 19
Minimum 5,150 5,380
Maximum 20,600 21,530
Amount Paid With Application 2,000 2,000
Tax-Exempt Mortgage Revenue
Financing - Multiple Dwellings
Application Fee 2,000 2,100
Liquor License Investigation Fee 360 375
Block Party ,License 16 17
Carnival License 117 122
Solicitor License:
Base Per Company 64 67
Additional Per Solicitor 32 33
Auctioneer License:
Annual 59 62
Daily 16 17
Pawn Shop 59 62
Pending Assessment Searches 6 7
Police Accident Report Copies 5 5
Cat and Dog Licenses:
Male 6 7
Female 6 7
Neutered/Spayed 3 4
Tax Increment Financing
Application Fee (escrow) 5,000 5,200
Building Relocation 117 122
Community Design Review Board 64 67
Sewer Connection Permit (Per Connection):
Residential Connection 32 33
Non-Residential Connection 48 50
Moving Permit 64 67
Wrecking Permit 32 33
xFee established by State.
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Driveway Permit 64 67
Wrecking Permit 32 33
Driveway Permit 7 7
Property Owner List +3.70/Name +3.90/Name
Mobile Home Permits 37 39
PUBLICATIONS (Includes sales tax)
Zoning Code 6.25 6.50
Platting Code 3.25 3.40
Sign Code 2.75 2.90
Comprehensive Plan 10.25 10.70
Zoning Map 3.75 3.90
City Map 3.75 3.90
Section Map 3.75 3.90
Planning Commission:
Minutes 0 7/yr.
Agenda Packet 0 82/yr.
Approved first reading of an ordinance approving an increase in Planning fees.
9. MTG Bus Changes
Approved the following MTC Bus Changes:
New Bus Route Segments - MTC Route 11-B
ON: County Road D between North Entrance to Maplewood Mall
and Hazelwood Avenue.
ON: Hazelwood Avenue between Co. Rd. D and Beam Ave.
ON: Arcade Street between Co. Rd. B and Roselawn Avenue.
ON: Roselawn Avenue between Arcade St. and Edgerton St.
The following segments of streets will no longer be used by MTC buses:
ON: County Road B between Arcade St. and Edgerton St.
ON: Edgerton Street between Roselawn Ave. and Skillman Ave.
ON: Hazelwood Street between Frost Ave. and Co. Rd. B.
New Bus Stops
Route 11 Southbound:
ON: County Road D
AT: Best Buy Company In front
Maple Ridge Apartments In front
ON: Hazelwood Avenue
AT: Hazel Ridge Apartments Across. from
ON: Arcade Street
AT: Roselawn Ave. Nearside
Route 11 Northbound:
ON: Arcade Street
AT: Roselawn Ave. Farside
ON: Hazelwood Ave.
AT: Hazel Ridge Apartments At Driveway
ON: County Road D
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AT: Maple Ridge Apartments Across from
AT: North Entrance to Maplewood Mall Nearside
10. Planning Commission Resignation
Resolution No. 87 - 9 - 166
WHEREAS, David Whitcomb has been a member of the Planning Commission
of Maplewood, Minnesota, since March 20, 1980, and has served faithfully
in that capacity to the present time; and
I
WHEREAS, the Planning Commission has appreciated his experience,
insights and good judgment; and
WHEREAS, he has freely given of his time and energy, without compen-
sation, for the betterment of the City of Maplewood; and
WHEREAS, he has shown sincere dedication to his duties and has con-
sistently contributed his leadership, time and effort for the benefit of
the City.
NOW, THEREFORE, BE IT HEREBY RESOLVED for and on behalf of the City
of Maplewood, Minnesota, and its citizens, that David Whitcomb is hereby
extended our heartfelt gratitude and appreciation for his dedicated ser-
vice and we wish him continued success in the future.
Resolution No. 87 - 9 - 167
WHEREAS, Jeff Hanson has been a member of the Planning Commission of
Maplewood, Minnesota, since November 24, 1986, and has served faithfully
in that capacity to the present time; and
WHEREAS, the Planning Commission has appreciated his experience, insights
and good judgment; and
WHEREAS,. he has freely given of his time and energy, without compensation,
for the betterment of the City of Maplewood; and
WHEREAS, he has shown sincere dedication to his duties and has consis-
tently contributed his leadership, time and effort for the benefit of the
City.
NOW, THEREFORE, BE IT HEREBY RESOLVED for and on behalf of the City of
Maplewood, Minnesota, and its citizens, that Jeff Hanson is hereby extended
our heartfelt gratitude and appreciation for his dedicated service and we
wish him continued success in the future.
11. Reschedule October 12 Council Meeting
Approved the rescheduling of the October 12, 1987, Council Meeting to
October 15, 1987, as the 12th is a holiday.
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12. Budget Transfer - Election Supplies
Approved the transfer of $8,000 from the Contingency Fund to the Election
Supply Account to purchase support equipment and supplies for the new
Optech III P voting system.
13. Change Order No. 3 and Final Payment (Crestview Drive-Hudson Place Water Main)
Resolution No. 87 - 9 - 168
WHEREAS. the City Council of Maplewood, Minnesota, has heretofore
ordered made Improvement Project 85-07, Crestview Drive-Hudson Place
Water Main 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 85-07 Change Order
Three, and
WHEREAS, said project has been certified as completed.
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 Three, and
FURTHER, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNE-
SOTA, that the project is completed and accepted and final payment on
the construction contract is hereby authorized.
14. Change Order No. 2 - Arkwright Street Improvement; City Project 86-12
Resolution No. 87 - 9 - 169
WHEREAS, the City Council of Maplewood, Minneota, has heretofore
ordered made Improvement Project 86-12, Arkwright Street Improvements,
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 86-12 Change Order Two.
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 Two.
F. PUBLIC HEARINGS
i. 7:00 P.M., Conditional Use Permit: 2675 Stillwater Road (Ader)
a. Mayor Greavu convened the meeting for a public hearing regarding the
request of Daniel Ader for a conditional use permit for a home occupation
to construct and sell patio furniture at 2675 Stillwater Road.
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b. Manager McGuire presented the Staff report.
c. Commissioner George Rossbach presented the Planning Commission recom-
mendation.
d. Daniel Ader, the applicant, spoke on behalf of his request.
e. Mayor Greavu called for proponents. None were heard.
f. Mayor Greavu called for opponents. None were heard.
g. Mayor Greavu closed the public hearing.
h. Mayor Greavu introduced the following resolution and moved its adoption:
87-9-170
WHEREAS, Daniel J. Ader initiated a conditional use permit to operate
a patio furniture construction and sales home occupation at the following-
described property:
Lot 21, Block 5, Midvale Acres No. 2
This property is also known as 2675 Stillwater Road, Maplewood;
WHEREAS, the procedural history of this conditional use permit is as
follows:
1. This conditional use permit was reviewed by the Maplewood
Planning Commission on August 3, 1987. The Planning Commis-
sion recommended to the City Council that said permit be ap-
proved.
2. The Maplewood City Council held a public hearing on September
14, 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 con-
sidered 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:
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 detri-
mental 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.
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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 properties.
7. The use would be serviced by essential public services, such
Ij 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. Compliance with the requirements in Section 36-66 (4) (b)
pertaining to the operation of a home occupation.
2. Afire extinguisher with a minimum classification of 2A lOBC
shall be provided in the workshop. Dust shall not. be allowed ~o
accumulate so as to be an explosion hazard.
3. The house shall have its address clearly posted on the house as
required by code.
4. The only signage allowed shall be a two-square-foot wall sign
mounted on the house.
5. Only one set of patio furniture shall be displayed in the rear
yard. No furniture shall be displayed in the front or side
yards.
6. There shall be no parking on Stillwater Road.
Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu, Councilmembers
Anderson, Bastian and Wasiluk
Nay - Councilmember Juker.
2. 7:10 P.M., 2650 White Bear Avenue (Former Harmony School Building)
a. Plan Amendment (4 votes)
b. Conditional Use Permit
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Councilmember Juker moved to delay this item until after Item F-6.
Seconded by Councilmember Anderson. Ayes - all.
G. AWARD OF BIDS
1. LTD Insurance
a. Manager McGuire presented the Staff report.
b. Councilmember Anderson moved to (1) award the L.T.D. insurance contract
to the Schools Insurance Fund through Bob Martin and Associates, (2) revise
the waiting period from six months to three months and (3) increase the maxi-
mum monthly benefit from $1,200 to $1,500.
Seconded by Mayor Greavu. Ayes - all.
H. UNFINISHED BUSINESS
1. Authorizing Issuance of Citation (2nd Reading)
a. Manager McGuire presented the Staff report.
b. Mayor Greavu introduced the following ordinance and moved its adoption:
ORDINANCE N0. 609
AN AMENDMENT TO ARTICLE I OF THE CITY CODE OF ORDINANCES
OF THE CITY OF MAPLEWOOD AUTHORIZING CERTAIN CITY EMPLOYEES
TO ISSUE CITATIONS FOR CODE VIOLATIONS
THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS:
Section 1. Section 1-26. Issuance of Ordinance Violations Summonses.
The persons hereafter named, as employees or agents of the City of
Maplewood, shall have power to issue summonses with complaints
incorporated therein (citations), in the form adopted by rule of the
District Court, but such issuance by those named shall relate only
to offenses involving the City Code; building construction, operation
or maintenance; fire and fire prevention; public health and sanitation;
animal control; and zoning. No such employee or agent hereinafter
authorized to issue said summonses shall be authorized to arrest or
otherwise take a violator into custody or to secure a promise to appear
in court in lieu of arrest. Those authorized are as follows:
Fire Marshal and Deputy Fire Marshal
Director of Public Works
Code Enforcement Officer'
Building Inspector
Plumbing Inspector
Reserve Police Officers
Community Service Officers
Environmental Health Officer
Animal Control Officer
Other employeezs or agents of the City of Maplewood specifically designated
in writing by the City Manager shall also have such authority. Nothing
- 15 - 9/14
herein shall limit the Minnesota P.O.S. T. Board licensed Maplewood
City Police Officers from performing their sworn duties.
Section 2. This Ordinance shall take effect upon its passage and
publication.
Seconded by Councilmember Juker. Ayes - all.
2. Organized Garbage Collection
a. Manager McGuire presented the Staff report.
b. Councilmember Anderson established a date of 10-5-87 at 7:05 P.M.,
to discuss organized garbage collection.
Seconded by Councilmember Juker. Ayes - all.
F. PUBLIC HEARINGS (Continued)
3. 7:20 P.M., Conditional Use Permit - 1560 E. County Road B (John Glenn
Jr. High)
a. Mayor Greavu convened the meeting for a public hearing regarding the
request of N.E. Metropolitan Intermediate School District No. 916 for a
conditional use permit to construct an addition to John Glenn Jr. High
to hold classes in special education for severely handicapped children.
b. Manager McGuire presented the Staff report.
c. Director of Community Development Olson presented the specifics of the
proposal.
d. Mayor Greavu called for persons who wished to be heard for or against
the proposal. The following expressed their views:
Brian Buchmayer, School District 622
Mrs. Stanley Sommers, 2107 Hazelwood
Mr. Stanley Sommers, 2107 Hazelwood
Mr. Don Aluchow, 2081 Hazelwood
Representative of District 916 N.E. Metro
e. Mayor Greavu closed the public hearing.
f. Councilmember Juker moved to table this item until a storm sewer
feasibility report is received.
Seconded by Councilmember Anderson. Ayes - Councilmember Juker
Nays - Mayor Greavu, Councilmembers
Anderson, Bastian and Wasiluk
g. Mayor Greavu introduced the following resolution and moved its adoption•
- l~ - 9/14
87-9- 171
WHEREAS, N. E. Metropolitan Intermediate School District #916
initiated a conditional use permit to add onto John Glenn Jr. High
School at the following-described property:
Membrez Addition, Vac Sts accruing and fol with 66 ft esmt
to Prosperity Rd the W 139 9/10 ft of Lot 3 and all of
Lots 1 and 2, Block 7, Sabin Garden Lots and all of sd
Membrez Addition
This property is also known as 1560 East County Road B, Maplewood;
.WHEREAS, the procedural history of this conditional use permit is
as follows:
1. This conditional use permit was reviewed by the Maplewood
Planning Commission on August 17, 1987. The Planning Commis-
sion recommended to the City Council that said permit be
approved.
2. The Maplewood City Council held a public hearing on September
14, 1987. Notice thereof was published and mailed pursuant to
law. All persons present at said hearing were given an oppor-
tunny 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:
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 properties.
- 17 - 9/14
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.
11. There would be no significant affect on the development of
this parcel as zoned.
Approval is subject to the following conditions:
1. Adherence to the site plan, dated July 16, 1987, unless a
change is approved by the City's Community Design Review
Board.
2. No occupancy permits shall be issued until construction con-
tracts have been signed for the development of a new storm
sewer system, or until on-site ponding is provided that limits
the rate of discharge to current levels.
Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu, Councilmembers
Anderson, Bastian and Wasiluk
Nay - Councilmember Juker
4. 7:30 P.M., Keller Parkway (Kathy
a. Flood Insurance Rate Map Amendment - 4 Votes
b. Variance
_ 1. Mayor Greavu convened the meeting for a public hearing regarding
the request of Cynthia Kath for rezoning to revise the City's flood
insurance rate map and a shoreline setback variance to construct a
single dwelling on an existing parcel adjoining Kohlman Lake.
2. Manager McGuire presented the Staff report.
3. Director of Community Development Olson presented the specifics
of the request.
4. Cynthia Kath, the applicant spoke on behalf of her request.
5. Mayor Greavu called for persons who wished to be heard for or
against the proposal.
A letter of opposition was read, sign by Harold, Robert and Alice
Kohlman
Don Christensen, 1111 E. County Road C expressed his views.
- 18 - 9/14
6. Mayor Greavu closed the public hearing.
7. Councilmember Anderson moved to revise the Flood Hazard Overlay
District Map to change the building site and a 15 foot buffer strip
around the building from Zone A to zone 3.
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers
Anderson and Juker
Nays - Councilmembers Bastian and
Wasiluk.
Motion failed.
8. Councilmember Bastian moved to table this item for further investi-
gation.
Seconded by Councilmember Wasiluk. Ayes - Councilmembers Bastian, Juker
and Wasiluk.
Nays - Mayor Greavu, Councilmember
Anderson.
5. 7:40 P.M., Brooks Court (Morris)
a. Variance
b. Lot Division
1. Mayor Greavu convened the meeting for a public hearing regarding the
request of Dave Morris for approval of a lot divi"sion and the following
two variances:
1. A 1,270-square-foot lot area variance. The proposed area of
Lot 21 would be 8,730 square feet. Code requires at least
10,000 square feet.
2. A 7-1/2 foot lot width variance. The proposed lot width, at
the setback line, would be reduced to 67.5 feet. Code requires
at least 75 feet.
2. Manager McGuire presented the Staff report.
3. Director of Community Development Olson presented the specifics of
the proposal.
4. Commissioner George Rossbach presented the Planning Commission
report.
5. Mayor Greavu called for persons for or against the proposal. The
- 19 - 9/14
following expressed their views:
Dave Morris, the applicant
Peter Dey, 956 Brooks Court
Resident of 964. Brooks
6. Mayor Greavu closed the public hearing.
7. Mayor Greavu moved to approve the lot division to divide 72 ft
from Lot 21 and add 72 feet at side back line to Lot 20.
Seconded by Councilmember Wasiluk. Ayes - all.
8. Mayor Greavu introduced the following resolution and moved its adoption:
87-9-172
` WHEREAS, Dave Morris applied for a variance for the following-
- described property:
Lot 21, Block 4, Carsgrove Meadows First Addition
WHEREAS, section 36-69 and 30-8 (f) of the Maplewood Code of
Ordinances requires single-dwelling lots to have at least 10,000
square feet of lot area and 75 feet of lot width at the building
setback line;
WHEREAS, the applicant is proposing 8,730 square feet of lot area
and 67.5 feet of lot width, requiring a variance of 1,270 square feet
and 75 feet;
WHEREAS, the procedural history of this variance is as follows:
1. This variance was reviewed by the Maplewood Planning Commis-
- Sion on July 6, 1987. The Planning Commission recommended to
the City Council that said variance be approved.
2. The Maplewood City Council held a public hearing on September
14, 1987, to consider this variance. Notice thereof was pub-
lished 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.
NO[d, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that
';i the above-described variance be approved on the basis of the following
findings of fact:
1. The spirit and intent of the ordinance would be met since
the home to the west has a sideyard setback of approximately
20 feet. Therefore, a house on Lot 21 would not appear crowded,
even though the lot width would be less than required.
2. The character and appearance of the neighborhood would be
maintained.
- 20 - 9/14
3. If the lot split and variances were denied, Lot 21 could
not be put to reasonable use.
Seconded by Councilmember Wasiluk. Ayes - all.
6. 7:50 P.M., Parkway Terrace (County Road B and Stanich Court)
a. Street and Alley Vacations
b. Preliminary Plat
1. Mayor Greavu convened the meeting for a public hearing regarding
the request of Sherman Boosalis Companies for approval of a prelimi-
nary plat for 36 single dwelling lots and vacation of three streets
and two alley rights-of-way.
2. Manager McGuire presented the Staff report.
3. Director of Community Development Olson presented the specifics
of the proposal.
4. Commissioner Rossbach presented the Planning Commission recom-
mendation.
5. A representative of the developer spoke on behalf of the proposal.
6. Mayor Greavu called for persons who wished to be heard for or
- against the proposal. None were heard.
7. Mayor Greavu closed the public hearing.
8. Mayor Greavu introduced the following resolution and moved its
adoption•
87-9-173
WHEREAS, Sherman Boosalis Companies initiated proceedings to
vacate the public interest in the following described properties:
Alley right-of-ways in Blocks 17 and 32, and the following
street right-of-ways: Laurie Road, Sandhurst Avenue, and
Lark Avenue between Ariel and German Streets, all in Smith
and Taylor's Addition to North St. Paul, Section 11, Town-
ship 29, Range 22.
WHEREAS, the procedural history of this vacation is as
follows:
1. A majority of the owners of property abutting said alley
and street right-of-ways have signed a petition for this
vacation;
- 21 - 9/14
- 2. This vacation was reviewed by the Planning Commission on
August 31, 1987. The Planning Commission recommended to
the City Council that this vacation be approved.
3. The City Council held a public hearing on September 14,
1987, to consider this vacation. Notice thereof was pub-
lished and mailed pursuant to law. 'All persons present
at this hearing were given an opportunity to be heard and
present written statements. The Council also considered
reports and recommendations of the CityStaff and Planning
Commission.
i
WHEREAS, upon vacation of the above-described alley and street
right-of-ways, public interest in the property will accrue to the
following described abutting properties:
Lot Two, Block One, and Lots One and Two, Blocks 16, 17 and
32, Smith and Taylor's Addition to North St. Paul.
NOW, THEREFORE, BE IT RESOLVED by the Maplewood City Council that
it is in the public interest to grant the above-described vacation on
the basis of the following findings of fact:
1. The street and alley right-of-ways are not needed.
2. The proposed street alignment would preserve more desirable
mature trees than would otherwise be possible.
3. Construction of the east/west Sandhurst Avenue right-of-way
would require additional driveways onto County Road B. The
proposed north/south right-of-way alignment would reduce or
totally eliminate this undesirable situation..
Seconded by Cuncilmember Anderson. Ayes - all.
9. Mayor Greavu moved to approve the Parkway Terrace preliminary plat
(plans stamped 8-12-87), subject to satisfying the following conditions
before final plat approval:
a. Public Improvements must be guaranteed for Lots 9-16,
Block 1 and Blocks 2 and 3 or they must be platted as
an outlet.
b. Approval of a sewer plan amendment and obtain a commit-
ment from North St. Paul to allow the lots east of those
fronting on German Street to be served by North St. Paul
water and sanitary sewer.
c. Construction of a permanent storm sewer outlet must be
guaranteed. The proposed temporary ponding shall not be
permitted unless found to be acceptable by North St. Paul.
The design specifications must be approved by the City
Engineer, Ramsey County and North St. Paul.
- 22 - 9/14
If permanent, on-site ponding will be constructed, the
plat shall include an outlot which includes one foot of
elevation above the 100-year storm design. The outlot
shall be dedicated to the public for drainage and storm
water ponding.
If a temporary pond will be permitted by North St. Paul,
a recordable drainage easement shall be submitted to the
Maplewood City Engineer for approval and recording. The
applicant shall also pay the recording fees. Any lot(s)
that will adjoin a temporary or permanent pond shall have
at least 10,000 square feet outside of the easement.
d. City Engineer approval of final grading, drainage, utility
and erosion control plans. The grading plan shall indicate
the number, location and type of four-inch-and-larger-
diameter healthy trees to be retained. These trees shall
be identified for retention on the site. Evidence of North
St. Paul's approval of the construction plans that affect
them shall be provided.
e. The center line of Stanich Street shall be moved west to
line up with the center line of Stanich Court. All lots
must comply with minimum lot requirements.
f. Submittal of a temporary easement for a 100-foot cul-de-sac
bulb for the end of Stanich Street, if homes will be oc-
cupied before the construction of Ariel Street is guaranteed.
g. No lot that would front only on Ariel Street shall be
platted until the construction of Ariel Street is guaranteed.
h. The east/west portion of proposed "Stanich Curve" shall be
changed to "Laurie Road" or such other name acceptable to the
Director of Public Safety.
i. Submittal of a signed developer's agreement and required
surety to guarantee, but not be limited to, the following
items:
1. Construction of all required on-site public
improvements.
2. Repair of the service trenches, cut into German
Street.
3. Planting of trees. At least 92 mature trees must
be growing on the site when construction is com-
pleted. Trees shown on the final grading plan to
be retained shall be credited toward the total
number required.
j. Deed restrictions shall be recorded with the lots abutting
County Road B stating that driveways will not be allowed on
County Road B ioithout City approval.
- 23 - 9/14
Seconded by Councilmember Anderson. Ayes - all.
2.- 7:10 P.M., 2650 White Bear Avenue (Formerly Harmony School Building) (Continued)
a. Plan Amendment - 4 Votes
b. Conditional Use Permit
1. Mayor Greavu convened the meeting for a public hearing regarding the
request of School District No. 622 for a land use amendment from RM,
residential medium density and RH, residential high density to S,
school for the former Harmony School site. A conditional use permit
is also requested to use the existing facilities for non-profit,
education-related and child-care uses. Maplewood and North St. Paul
would also continue to be allowed to use the northeasterly portion of
the site for recreation programs.
2. Manager McGuire presented the Staff report.
3. Director of Community Development Olson presented the specifics of
the proposal.
4. Commissioner Rossbach presented the Planning Commission recommenda-
tion.
5. Brain Buckmayer, representing the school district, spoke on behalf
of the request. He also answered questions from the Council.
6. Mayor Greavu called for persons who wished to be heard for or against
the proposal. The following expressed their views:
Linda Olson LaPitz, 2005 E. County Road C
7. Mayor Greavu closed the public hearing.
8. Councilmember Bastian introduced the following resolution and moved its
adoption•
87-9- 174
WHEREAS, the North St. Paul-Maplewood-Oakdale school district
initiated an amendment to the Maplewood Comprehensive Plan from RM,
residential medium density and RH, residential high density to S,
school for the former Harmony School Site, northeast of White Bear
Avenue and County Road C.
This property is more commonly described as 2550 White Bear
Avenue.
WHEREAS, the procedural history of this plan amendment is as
follows:
1. The Maplewood Planning Commission held a public hearing on
August 31, 1987, to consider this plan amendment. Notice
- 24 - 9/14
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 Planning
Commission recommended to the City Council that said plan
amendment be approved.
2. The Maplewood City council considered said plan amendment on
September 14, 1987. The Council considered reports and recom-
mendations from the Planning Commission and City Staff.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the
above-described plan amendment be approved on the basis of the following
findings of fact:
1. The school has decided not to reoffer this site for a housing
development. The first sale fell through.
2. The proposed community education and day care uses for the
` site and the decision to hold this site for the possible reuse
as an elementary school are in the public interest.
3. The city has attained substantial compliance with adopted
housing production goals for 1980 to 1990.
Seconded by Councilmember Anderson. Ayes - all.
9. Councilmember Bastian introduced the following resolution and moved its
adoption•
87-9- 175
WHEREAS, the North St. Paul-Maplewood-Oakdale School district
initiated a conditional use permit to use the former Harmony School
site for nonprofit, education-related and child care uses. The legal
description of the property is: Unplatted land beginning at inter-
. section of White Bear Avenue and S, line of SW 1/2 thence northerly
on said center line 420.55 feet, thence east par. with said south line
311 feet, thence northerly par, with said center line 140 feet, thence
due N. 107.07 feet, thence east 391.55 feet to point 658.95 feet north
from said south line thence to said S L at point 200 feet west of said
1/4 corner, thence west to beginning, subject to roads in Section 2,
Township 29, Range 22.
This property is also known as 2650 White Bear Avenue, Maplewood;
WHEREAS, the procedural history of this conditional use permit is
as follows:
1. This conditional use permit was reviewed by the Maplewood
Planning commission on August 31, 1987. The Planning Commis-
sion recommended to the City Council that said permit be
approved.
2. The Maplewood City Council held a public hearing on September
14, 1987. Notice Chereof was published and mailed pursuant to
- 25 - '9/14
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:
i. 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 properties.
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 £olllwing conditions:
1. Submittal of a dimensioned striping plan for the existing
parking spaces.
2. Council may require additional parking spaces as a condition
of .permit renewal, if the existing parking lot is found to be
inadequate.
- 26 - 9/14
3. Maplewood and North St. Paul shall have continued use of
the athletic facilities in the northeast portion of the site
until that part of the site develops provided the use of these
facilities does not interfere with the applicant's use of the
property.
4. The nonprofit uses shall be restricted to health and wellness
programs, special and community education, office, worship and
other similar uses.
Seconded by Councilmember Anderson. Ayes - all.
H. UNFINISHED BUSINESS (Continued)
3. Preliminary Plat: Maplewood Meadows
a. Manager McGuire presented the Staff report.
b. Mayor Greavu moved to approve the Paplewood Meadows Addition
preliminary plat (plans dated 5-19-87) subject to satisfaction of the
following conditions prior to final plat approvaL•
1. District Court approval to release the City park land that was
previously vacated, subject to retaining a ponding easement
over Outlots C through I.
2. Any portion of the former park that will be combined with
property to the south shall be designated as an outlot. A
recordable deed for each outlot to be transferred shall be
submitted to the City. the City will record the deed(s)
once the plat is recorded. A check for the recording costs
shall be submitted with the deed(s). The property owner to
receive the deed must agree to accept it.
3. Any of the former park land that is not included in condition
two must be combined with the adjacent lots to the north. Lot
lines shall coincide with the proposed lot lines to the north as
much as possible.
4. Redesign the plat for Staff approval to provide for at least a
100-foot setback from the pipeline or provide at. least a six-
. foot berm to protect the homes within 100 feet against the
radiant heat from an explosion. If berms are rrovided, the homes
may not be constructed within 80 feet of the p.i_~~eline.
5. Omit Lot 21, Block Two, if the adjacent park land to the south
is not included. Lots 18 through 20 may be redesigned for
double-dwelling lots.
6. The pipeline easement must be clearly labeled and designated
on the plat. The easement must be included in the title for each
affected property.
7. Submit recordable deed restrictions for each double-fronting lot
to prohibit access from County Road D.
- 27 - 9/14
8. City recording of the previously adopted resolutions to vacate
Lakewood Drive between Brenner Avenue and County Road D. Re-
cording of these easements is subject to the submission of the
developer's agreement to guarantee compliance with the condi-
tions of vacation.
9. City Engineer approval of the final grading, utility, drainage
and erosion control plans. 'Phe portion of the grading plan
within the Amoco and NSP easements must also be approved by
these respective corporations. The grading plan shall be revised
as follows:
a. If the property owner to the south of proposed Outlot C
will receive proposed Outlot C, then the pond shall be
shifted to the north and west to minimize its encroach-
. went on this outlot. Grading of this outlot area shall
also be minimized.
b. The pipeline's elevation and location shall be shown on the
grading plan.
c. The erosion control recommendations made by the Soil Con-
. seevation Service in their letter dated June 29, 1987, shall
be complied with.
d. A skimming device shall be provided at the pond outlet to
prevent an oil leak from going downstream.
10. The portion of the plat located east of proposed Lot 21 shall be
named "Bellaire Avenue".
11. Submittal of a signed developer's agreement, with required
surety, to include but not be limited to:
a. Enlarging the pond, as directed by the City Engineer, west
of Lakewood Drive and constructing storm sewer from this
site to that pond.
b. Construction of all required on-site public improvements.
c. Removing the Lakewood Drive street surface north of Gall
Avenue and seeding the vacated right-of-way.
d. Replacing the asphalt curb at Brenner Avenue and Lakewood
Drive with a concrete curb.
e. Adherence to the erosion control procedures outlined on page
four of the Soil Conservation Service's letter dated June
29, 1987.
Seconded by Councilmember Anderson. Ayes - all.
I. NEW BUSINESS
1. Noise Ordinance
- 28 - 9/14
a. Manager McGuire presented the Staff report.
b. Councilmember Wasiluk moved first reading of an ordinnce providing
~ noise controls within the City.
Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmember
Anderson, Juker and Wasiluk
Councilmember Bastian abstained.
c. The following residents voiced their complaints about the noise, dust,
etc., that is resulting from the St. Paul Water Department operations:
Resident of 91 E. Skillman
Ted Leigh
Mrs. Peterson, 1999 Jackson
Glenn Peterson, 1999 Jackson
Resident of 94 E. Skillman
d. Councilmember Anderson moved to establish a meeting date for Council to meet
with the St. Paul Water Department, area residents, Senator Hughes, Repre-
sentative Vento, Osthoff, etc., and the meeting to be held at the Parkside
Fire Department.
Seconded by Councilmember Juker. Ayes - all.
2. Assessment Ordinance - lst Reading
a. Manager McGuire presented the Staff report.
b. Mayor Greavu moved first reading of an ordinance that allows partial
payment of assessments before certification.
Seconded by Councilmember Wasiluk. Ayes -.all.
3. Plan Amendment - Park Plan - County Road B
a. Director of Community Development Olson presented the Staff report.
b. Director of Parks and Recreation Odegard and Park and Recreation Com-
missioner Don Christiansen spoke on behalf of the proposal.
c. Councilmember Anderson introduced the following resolution and moved its
adoption•
87-9- 176
WHEREAS, the City of Maplewood initiated an amendment to the Maplewood
Comprehensive Plan to delete a neighborhood park search area from the area
east of German Street and north of County Road B.
WHEREAS, the procedural history of this plan amendment is as follows:
1. The Maplewood Planning commission held a public hearing on
- August 17, 1987, to consider this plan amendmenC. Notice
- 29 - 9/14
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 Planning Commission recom-
mended to the City Council that said plan amendment be approved.
2. The Maplewood City Council considered said plan amendment on
September 14, 1987. The Council considered reports and recom-
mendations from the Planning Commission and City Staff.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLE[d00D CITY COUNCIL that the
above-described plan amendment be approved on the basis of the following
findings of fact:
1. The projected area population is significantly below that
desired to support a neighborhood park.
2. The development of Sherwood Neighborhood Park (Cope Avenue and
Kennard Street) was not anticipated when the parks section of
the comprehensive plan was adopted. Sherwood Park will be able
to adequately serve the neighborhood park needs of the residents
in the subject area.
Seconded by Councilmember Wasiluk. Ayes - all.
4. Proposed 1988 Budget
a. Manager McGuire presented the Staff report.
b. Councilmember Bastian moved to set a public hearing on the 1988 Budget
for October 5, 1987, and that a review of the proposed budget be on
9-21-87 at 5:00 P.M, and 9-22-87, 8:00 A.M. to 11:00 A.M.
Seconded by Councilmember Anderson. Ayes - all.
5. Expand Feasibility Report (Markfort Addition) Edgerton/Roselawn Storm
Sewer City Project 85-08
a. Manager McGuire presented the Staff report.
b. Director of Public Works Haider presented the specifics of the
proposal.
c. Mayor Greavu introduced the following resolution and moved its adoption:
87-9- 177
WHEREAS, it is proposed to expand the feasibility report of the
Edgerton-Roselawn Storm Sewer, City Project 85-08, to include the
outlet and ponding system to serve the Markfort Addition and to assess
the benefited property for all or a portion of the cost of the improve-
ment, pursuant to Minnesota Statutes, Chapter 429,
- 30 - 9/14
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
1. That the proposed improvement be referred to the City Engineer
for study and that he is instructed to report to the Council
with all convenient speed advising the Council in a preliminary
way as to whether the proposed improvement is feasible and as to
whether it should best be made as proposed or in connection with
some other improvement, and the estimated cost of the improvement
as recommended.
2. That said report shall 'not be prepared until the project petitioners
establish an escrow with the City equal to 150 of the estimated
report preparation cost. The escrow amount shall be $4,500 and
shall be refunded only upon ordering of a project.
Seconded by Councilmember Anderson. Ayes - all.
6. Order Public Hearing - Southlawn Avenue (Beam to County Road D) City
Project 85-17.
a. Manager McGuire presented the Staff report.
b. Coucilmember Anderson introduced the followin resolution and moved
its adoption•
87-9- 178
WHEREAS, the City Engineer for the City of Maplewood has been
authorized and directed to prepare a report with reference to the
improvement of Southlawn Drive between Beam Avenue and
County Road D, City Project 85-17, by construction of water main,
sanitary sewer, storm sewer and street improvements, and.
WHEREAS, the said City Engineer has prepared the aforesaid report
for the improvement herein described:
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 Southlawn Drive between Beam Ave-
. nue and County road D, City Project 85-17, by construction of
water main, sanitary sewer, storm sewer and street improvements
is feasible and should best be made as proposed, is hereby re-
ceived.
2. The Council will consider the aforesaid improvement in ac-
cordance 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, at an estimated total cost
of the improvement of $912,400.
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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 Monday, the 28th day
of .September, 1987, at 7:20 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 Mayor Greavu. Ayes - all.
7. Order Public Hearing - Mayer Street Watermain (Bush to Minnehaha) City
Project 87-13
Deleted from Agenda
8. Street Light Petition
a. Manager McGuire presented the Staff report.
b. Councilmember Anderson moved to approve Alternative No. 1 "Order the
installation of the street lights and incur the costs of the budget."
Seconded by Councilmember Wasiluk. Ayes - Councilmembers Anderson and
Wasiluk
Nays - Mayor Greavu, Councilmembers
Bastian and Juker.
Motion failed.
c. Councilmember Juker moved Alternative No. 3.
Councilmember Bastian moved to table until the shirt sleeve session on the
budget.
Councilmember Bastian withdrew his motion.
Councilmember Juker withdrew her motion.
d. Councilmember Anderson moved to refer the matter to Staff for detailed
costs.
Seconded by Councilmember Bastian. Ayes - all.
9. Change Order No. i - Beam Avenue Water Main - City Project 84-12
a. Manager McGuire presented the Staff report.
b. Director of Public Works Haider presented the specifics of the
proposal.
c. Mayor Greavu introduced the following resolution and moved its adoption:
87-9- 179
WHEREAS, the City Council of Maplewood, Minnesota, has heretofore on
March 9, 1987, ordered made Improvement Project 84-12 and has let a
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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 84-12 Change Order No. 1.
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 No. 1.
Seconded by Councilmember Juker. Ayes - all.
10. Presentation - James D. Kerrigan/Drainage Problem
a. Mr. Kerrigan informed the Council of his drainage problems that he is
experiencing at 2620 Carver Avenue and requested their assistance.
b. No action taken. City Attorney Patrick Kelly stated the problem was not
the City's responsibility since the driveway (where the problem is located)
is on private property.
11. Recognition Dinner - Budget Transfer
a. Councilmember Anderson moved to approve a budget transfer of $2520 from
the Contingency Account to Account No. O1-4120-01 to finance the boards and
commissions recognition dinner.
Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Wasiluk
Nay - Councilmember Bastian
12. Utilities Improvements prior to plat approval.
a. Mr. Jerry Mogren requested he be allowed to construct utilities within
the Kohlman Overlook Addition prior to plat approval.
b. Mayor Greavu moved to approve Mr. Mogren's-request for utilities before
plat approval subject to Mr. Mogren agreeing to the following:
1. Permission to initiate construction of streets and utilities does not
guarantee and warrant plat approval.
2. Mr. Mogren will not hold the City of Maplewood responsible for
claims, demands, causes of action, suits, losses, damages, claims
of damage, liabilities, expenses, liens, costs or attorney fees,
which directly or indirectly are caused by or resulting from plat
denial.
3. City of Maplewood does not represent by granting permission for
placement of street and utilities that said Mogren plat will be
_ approved and any expenses or costs incurred are at Mr. Mogren's
expense. Mr. Mogren will hold the City of Maplewood harmless from
any claim of reliance from the City's action.
Seconded by Councilmember Anderson. Ayes - all.
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13. Approval of Plans and Specifications - Mailand Road
a. Mayor Greavu introduced the following resolution and moved its adoption:
87-9-180
WHEREAS, pursuant to resolution passed by the City Council on June 8,
1987, plans and specifications for Mailand Road Booster Station Modifica-
tion, Project 86-15, 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 advertise-
ment 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 publicly opened and considered by the Council at
10:00 A.M., on the 1st day of October, 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 Maplewood, Minnesota, for 59 of
the amount of such bid.
3. The City Cleric 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.
Seconded by Councilmember Anderson. Ayes - all.
J. Visitor Presentation
1. Mr. Ted Leigh
a. Mr. Leigh requested the Council correct the drainage problem at the
end of his driveway.
b. Staff to investigate.
K. COUNCIL PRESENTATIONS
1. Visitor Presentation
a. Councilmember Wasiluk suggested Visitor Presentation be placed earlier
in the Agenda.
b. No Action taken.
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Mayor Greavu recessed the meeting at 11:45 P.M., to reconvene at 4:00 P.M., Thursday,
September 24, 1987.
Mayor Greavu reconvened the September 14, 1987 Meeting at 4:17 P.M., Thursday, September
24, 1987.
Present: Mayor Greavu, Councilmembers Anderson, Bastian, Juker and Wasiluk.
(K) COUNCIL PRESENTATIONS (Continued)
2. Larger Lots
a. Councilmember Wasiluk commented on the need for larger lots in the
south end.
3, Composting Hours
a. Mayor Greavu requested Ramsey County be contacted to see if the com-
posting site could be open one day during the week.
b. Staff to investigate.
4. Recognition Dinner
Discussed under Item I-11.
5. Development Committee
a. Councilmember Anderson stated he feels there should be a development
committee established to encourage quality"commercial development.
6. Receptionist
Deleted from Agenda
7. Licensing Department
Deleted from Agenda
8. Survey Lots
a. Councilmember Anderson stated the building inspector should be verifying
where survey stakes are located when building permits are granted.
b. Added to 10-15-87 Agenda.
9. Manager's Evaluation.
a. Councilmember Bastian stated a meeting should be established for the
Manager's evaluation. The present documents for evaluation should also be
reviewed.
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10. Board of Water Commissioners
a. Councilmember Bastian stated legislation should be initiated to obtain
representation from municipalities on the Board of Water Commissioners.
b. Added to 10-15-87 Agenda.
11. Senior Citizen Advisory, Committee
a. Councilmember Bastian requested that Council be made aware of what
functions are provided for senior citizens. He feels there should be a
senior citizen advisory committee that could help in way of housing,
transportation, shopping, parks and recreation, medical, etc., for the
seniors.
L. ADMINISTRATIVE PRESENTATIONS
None.
M. ADJOURNMENT
4:48 P.M.
City Clerk _
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