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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 - 2 - 9/14 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; - 3 - 9/14 (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 - 4 - 9/14 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 - 5 - 9/14 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. - 6 - 9/14 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 - 7 - 9/14 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. - 8 - 9/14 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. - 9 - 9/14 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 - 10 - 9/14 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. - 11 - 9/14 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. - 12 - 9/14 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. - 13 - 9/14 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 - 14 - 9/14 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. - 31 - 9/14 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 - 32 - 9/14 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. - 33 - 9/14 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. - 34 - 9/14 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. - 35 - 9/14 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 _ - 36 - 9/14