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HomeMy WebLinkAbout11.23.87 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, November 23, 1987 Council Chambers, Municipal Building Meeting No. 87 - 26 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. Maplewood Dairy 2. Packets 3. Recognition Dinner 4. Manager's Meeting 5. Rolling Hills Park 6. Sidewalks 7. Roundup 8. Work Place Security 9. Water 10. Identity Seconded by Councilmember Bastian. Ayes - all. E. CONSENT AGENDA Council removed Items E-2 and 7 to become Items I-10 and 11. Mayor Greavu moved, seconded by Councilmember Anderson AVes - all to approve the Consent Agenda, Items 1, 3 through 6 8 through 10 as recommended• 1. Accounts Payable Approved the accounts (Part I, Fees, Services, Expenses, Check register dated November 12, 1987 through November 13, 1987 - $207,326.65: Part II, Payroll dated 11-13-87, gross amount of $137,654.81) as recommended. 2. Personnel/Staff Services Coordinator Discussed as I-10. 11/23 3. Ramsey/Metro Appointment Appointed Warren Wallgren for a third term to the Ramsey/Washington Metro Watershed District. 4. Cable TV Lease Approved a lease with the Suburban Community Channel for office space in the amount of $7000/year in cash and an additional sum of $2,280 in production services, and that the agreement can be cancelled by either party with a 30- day waiver notice. 5. Final Plat Revision: South Oaks - 2nd Reading Approved the minor corrections to the previously approved South Oaks 2nd Addition. 6:' Time Extension: Tax Exempt Financing for Beaver Creek Apartments Resolution No. 87 - 11 - 212 RESOLUTION GRANTING AN EXTENSION REGARDING THE DISBURSEMENT DATE IN CONNECTION WITH A MULTIFAMILY RENTAL HOUSING DEVELOPMENT WHEREAS: (a) The City of Maplewood, Minnesota (the "City") issued its Variable Rate Demand Purchase Multifamily Housing Revenue Bonds, Series 1985 (Beaver Creek Apartments Limited Partnership Project) in the principal amount of $8,500,000 on December 27, 1985 (the "Bonds"), in connection with which the City entered into an Indenture of Trust (the "Indenture") dated as of December 1, 1985, by and between the City and First Trust Company, Inc., as Trustee, and a Loan Agreement (the "Loan Agreement") dated as of December 1, 1985, between the City and Beaver Creek Apartments Limited Partnership (the "Borrower"); (b) The proceeds of the Bonds were loaned to the Borrower for the acqui- sition, construction and equipping of a multifamily housing development (the "Project") approved by the City, all as further described in the Indenture and the Loan Agreement; (c) Section 3-1(8) of the Indenture requires that the Disbursement Date must occur on or prior to December 1, 1986, unless the City, at the request of the Borrower, extends such date at the request of the Borrower and upon receipt by the City and the Trustee of an opinion of Bond Counsel to the effect that such exten- sion will not adversely affect the tax exempt status of the Bonds; (d) The City Council previously extended the Disbursement Date from December 1, 1986 to June 1, 1987 and from June 1, 1987 to December 1, 1987; (e) The Borrower has requested, pursuant to a Request for Extension attached as Exhibit A hereto, that Disbursement Date be extended by the City, as Issuer of the Bonds, from December 1, 1987 to June 1, 1988; and - 2 - 11/23 (f) Briggs and Morgan., Professional Association, Bond Counsel, has advised the City and rendered an opinion, attached as Exhibit B hereto, that granting such extension for the extension of the Disbursement Date will not, by itself, adversely affect the tax exempt status of the Bonds. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, as follows: 1. Pursuant to Section 3-1(8) of the Indenture, the City hereby approves the Request for Extension and extends the Disbursement Date from Decem- ber 1, 1987, to no later than June 1, 1988. 7. Acceptance of Bids - Police Cars Discussed under Item I-11. 8. , Budget Transfer - Telephone System Approved a budget transfer from the Contingency Account in the amount of $1,485 to modify the City Hall phone system. 9. Report: Overnight Parking Approved the report regarding overnight parking. 10. Resolution: On-Sale and Off-Sale Intoxicating Liquor Licenses approval for 1988. Resolution No. 87 - 11 - 213 RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, that the following On-Sale Liquor Licenses having been previously duly .issued by this Council, are hereby approved for renewal for one year, effective January 1, 1988, with approval granted herein subject to satisfac- tory results of required Police, Fire and Health inspections: Applebee's Garrity's 2112 Maplewood Mall 1696 White Bear Avenue 3001 White Bear Avenue Gulden's Bali Hai Restaurant 2999 N. Highway 61 1820 White Bear Avenue Keller Clubhouse Chalet Lounge & Restaurant 2166 Maplewood Drive 1820 Rice Street Keller Lake Lounge Dean's, Inc. 2280 Maplewood Drive 1986 Rice Street Laura Mae's D. G. Burgers, Inc. 1745 E. Cope Avenue 2441 Highway 61 Maple Wheel Esteban's of Maplewood 2220 White Bear Avenue 3069 white Bear Avenue Maplewood Bowl Fox & Hounds 1955 English Street 1734 Adolphus - 3 - 11/ Nicky's Bar & Grill Red Lobster Restaurant #283 2515 White Bear Avenue 2925 White Bear Avenue Pasquale's Maplewood Red Rooster Liquor Lounge 3035 White Bear Avenue 2029 Woodlyn M. T. Pockets 70 E. County Road B Resolution No. 87 - 11 - 214 RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, that the following Off-Sale Liquor Licenses having been previously duly issued by this Council, are hereby approved for renewal for one year, effective January 1, 1988, with approvals granted herein subject to satis- factory results of required Police, Fire and Health inspections: J & R Liquors Red Wagon Liquors 2730 Stillwater Road 2280 Maplewood Drive - Laber's Liquors Sarrack's International Wine & Spirits 1730 Rice Street 2305 Stillwater Road Maplewood Wine Cellar Spark Liquors 1281 Frost Avenue 2515 White Bear Avenue Party Time Liquors 1730 Van Dyke E-A PRESENTATION OF FBI SAND PAINTING Mr. Thomas Hagen, 1844 Barclay, former Maplewood Deputy Chief of Police, presented an FBI Sand Painting and a plaque naming the Police personnel who attended the FBI Academy. F. PUBLIC HEARINGS 1. 7:00 P.M., Code Amendment: Townhouses (1st Reading) a. Mayor Greavu convened the meeting for a public hiaring regarding a proposal to make the following changes to the requirements for townhouses: 1. Delete the minimum lot area requirements; 2. Revise the units per structure require- ments; 3. Delete the construction requirements. b. P4anager Michael P1cGuire presented the Staff report. c. Director of Community Development Geoff Olson presented the specifics of the proposal. d. Commissioner Albert Goins presented the Planning Commission recommendation. e. Mayor Greavu called for proponents. None were heard. - 4 - 11/'23 f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Councilmember Bastian moved first reading of an ordinance revising the requirements for townhouse units. Seconded by Councilmember Anderson. Ayes - all. 2. 7:10 P.M., Code Amendment: Setback to Residential Zones (1st Reading) a. Mayor Greavu convened the meeting for a public hearing regarding a proposal to exempt multiple dwelling and nonresidential developments from having to provide a twenty-foot setback to residential zones, if such property is developed with or has a specific plan approved by the City for a nonresidential use. b. Manager McGuire presented the Staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Commissioner Goins presented the Planning .Commission recommendation. e. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following were heard; Don Bossard, representing the Salvation Army and the Cottages of Maplewood f. Mayor Greavu closed the public hearing. g. Councilmember Bastian moved 1st reading of an ordinance relative to setbacks to Residential Zones. Seconded by Councilmember Wasiluk. Ayes - Councilmembers Bastian and Wasiluk Nays - Mayor Greavu, Councilmembers Anderson and Juker. Motion failed. 3. 7:20 P.M., SuperAmerica ($ighway 36 and English) a. Plan Amendment b. Conditional Use Permit 1. Mayor Greavu convened the meeting for a public hearing regarding the request of SuperAmerica for a plan amendment and Conditional Use Permit to construct a gasoline service station and convenience store at the southeast corner of Highway 36 and English Street. 2. Manager McGuire presented the Staff report. 3. Commissioner Albert Goins presented the Planning Commission recom- mendation. - 5 - 11/23 4. Mayor Greavu called for persons who wished to be heard for or' against the proposal. The following voiced their opinions: George Kuprian, Attorney representing SuperAmerica Gary Gehrke, 1252 Cope Avenue Dan Sletton, 2220 English Resident at 2240 English Bobbie Hanson, 1384 Cope Avenue 5. Alayor Greavu closed the public hearing. 6. Councilmember Juker moved to deny the Plas Amendment based on the following reasons: a. The property can be developed under the LSC designation. b. Surrounding homes have been purchased relying on the current land use designation. c. Changing to a higher commercial classification would aggrevate the existing traffic congestion at Higl~~ray 36 and English Street. Seconded by Councilmember Anderson. Ayes - all. 7. Councilmember Bastian moved to table the request of SuperAmerica for a Conditional Use Permit. Seconded by Councilmember Anderson. Ayes - all. G. AWARD OF BIDS None. H. UNFINISHED BUSINESS 1. Resolution of Intent: Organized Collection a. Colleen Halpine, Environmental Health Specialist, Ramsey County, spoke on behalf of organized collection. b. Michael Hines, Gopher Disposal, also spoke. c. Mrs. Kathy Juenemann, Recycling/Solid Waste Committee Chairperson presented the details of organized collection. d. Councilmember Anderson introduced the following resolution and moved its adoption• 87 - 11 - 215 WHEREAS, the Metropolitan Council and Ramsey County Solid Waste Master Policy Plans call for rapid development of recycling and other forms of re- source recovery as replacement for landfills, and -6- 11/Z3 WHEREAS, the City of Maplewood wishes to investigate organized garbage collection, and compost and/or composting sites, and/or recycling for the ' benefit of the City and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that it is the intent of the City to study organized collection of solid waste and to investigate composting and/or recycling for the benefit of the citizens of the City of Maplewood. Seconded by Councilmember Wasiluk. Ayes - all. 2. Code Amendment: Swimming Pool Fences (2nd Reading) a. Manager McGuire presented the Staff report. b. Councilmember Bastian introduced the following ordinance and moved its adoption ORDINANCE N0. 615 AN ORDINANCE AMENDING THE SWIMMING POOL FENCE REQUIREMENTS THE MAPLEWOOD CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 31-5 (8) is hereby amended as follows: (8) All pools shall be surrounded with a nonclimbable or chain- link fence of at least four feet in height. This fence. must be set back at least four feet from the water surface, unless the required fence is at least six feet in height. The walls of an above-ground pool may substitute for a fence, provided that the pool has a closeable gate. A fence surrounding a yard may also be used to meet this requirement.. Section 2. Section 31 - 15 is added as follows: Section 31-15. Applicability. This chapter shall only apply to pools installed after October 21, 1971. Section 3. This ordinance shall take effect upon its passage and publication. Seconded by Mayor Greavu. Ayes - all. 3. Dispute Resolution Center a. Manager McGuire presented the Staff report. ' b. Mayor Greavu moved to table this discussion until budget time in 1988. Seconded by Councilmember Bastian. Ayes - all. NEW BUSINESS 1. D.P. Project Status Report and Budget Adjustment a. Manager McGuire presented the Staff report. -7- 11/23 b. Councilmember Bastian moved to approve the appropriate 1987 budget changes totaling $16000 and authorized the transfer of $15,140 from the General Fund to the C.I.P. Fund. - Seconded by Mayor Greavu. Ayes - all. 2. Senior Citizen Services a. Manager A1cGuire presented the Staff report. b. No action taken. 3. Hardship Ordinance - First Reading i a. Manager McGuire presented the Staff report. b. Mayor Greavu moved first reading of an ordinance regarding assessing ' cash connection charges for hardship cases. Seconded by Councilmember Anderson. Ayes - all. 4. Sewer Plan Amendment: County Road B and German Street (4 Votes) a. Manager McGuire presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 87 - 11 - 216 WHEREAS, Sherman Boosalis Companies initiated an amendment to the sewer element of the Maplewood Comprehensive Plan to use the North St. Paul system, rather than the Maplewood system. WHEREAS, the procedural history of this plan amendment is as follows: 1. The Maplewood Planning Commission held a public hearing on November 2, 1987, to consider this plan amendment. Notice thereof was published and mailed pursuant to law. All per- sons 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 November 9, 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 for Phase II of the Parkview Terrace plat be approved on the basis of the following findings of fact: 1. The sanitary sewer at German Street and County Road B is too shallow to serve phase two of the plat. - 8 - 11/23 2. North St. Paul has agreed to the change. Seconded by Councilmember Wasiluk. Ayes - all. 5. Final Plat: Parkway Terrace 2nd Addition a. Manager McGuire presented the Staff report. b. Mayor Greavu moved to approve the Parkway Terrace Second Addition final plat of 19 lots. Seconded by Councilmember Anderson. Ayes - all. 6. Final Plat: Jefferson's 5th Addition a. Manager McGuire. presented the Staff report. b. Councilmember Anderson moved approval of the Jefferson's Fifth - Addition final plat to create 12 single dwelling lots. Seconded by Mayor Greavu. Ayes - all. 7. Final Plat: Jefferson's 6th Addition a. Manager McGuire presented the Staff report. b. Mayor Greavu moved to approve the Jefferson Sixth Addition final plat subject to withholding the signing of the plat document until the Jefferson Fifth Addition has been recorded. Seconded by Councilmember Anderson. Ayes - all. 8. Request for Exemption from Paving Requirements: Kohlman Lake Overlook. a. Director of Public Works Haider presented the Staff report. b. Mayor Greavu moved to allow the developer of Kohlman Lake Overlook to temporarily use a crushed-limestone street surface subject to the developer must hold the City harmless and agree to make immediate repairs to problem areas. Seconded by Councilmember Juker. Ayes - all. 9. Initiate Rezoning and Time Extension: Dege Garden Center a. Manager McGuire presented the Staff report. b. City Attorney Kelly presented a legal opinion of what the council is re- sponsible for. c. Mayor Greavu moved to table this item until the second meeting of December 12, 1987. Seconded by Councilmember Bastian. Ayes - all. - 9 - 11/23 10. Personnel/Staff Services Coordinator a. Manager McGuire presented the Staff report. b. Councilmember Anderson moved authorization to hire a Personnel/Staff Services Coordinator effective January 1, 1988. Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Wasiluk. Nay - Councilmember Juker. 11. Acceptance of Bids - Police Cars a. Manager McGuire presented the Staff report. b. Councilmember Juker stated that she wished to be informed when used police cars are to be sold. c. Councilmember Juker moved to accept the high bids for the following vehicles• Unit 464 1985 Chevrolet Suburban $2,510.00 Unit 492 1952 Dodge 3/4-Ton Truck $1,225.00 1952 Dodge 3/4-Ton Truck (Sold With Above For Parts) Seconded by Mayor Greavu. Ayes - all. J. VISITOR PRESENTATIONS 1. Gary Gehrke, 1252 Cope Avenue a. Mr. Gehrke commented on, when a gas station goes out of business the tanks have to be removed. Keller Lake Station is empty, have the tanks been removed. b. Staff will investigate c. Mr. Gehrke commented on the flashing lights at Hejny Rental, is this permitted? Also the Maplewood racquet Club has flashing lights. d. Staff will investigate. K. COUNCIL PRESENTATIONS 1. Maplewood Dairy a. Councilmember Juker requested Staff to contact the actual owner of the property in back of Maplewood Dairy to clean up the area. b. Staff to investigate. -10- 11/23 2. Packets a. Councilmember Juker stated she has been missing items from the packet. Why are the items not in the packet when the packet is delivered? b. Staff to investigate. 3. Recognition Dinner a. Councilmember Juker wished to thank the City Clerk and her Secretary for organizing and taking charge of the recognition dinner. b. Council directed that a letter of appreciation for a job well done be placed in their personnel files. 4. Manager Meeting a. Councilmember Juker requested that a meeting with the Manager and Council be established. b. November 30, 1987, Monday, at 5:00 P.M, was established as the meeting date. S. Rolling Hills Park a. Councilmember Juker questioned what the status of the Rolling Hills Park development is. b. Staff will investigate. 6. Sidewalks a. Councilmember Bastian stated the walking lane on Larpenteur Avenue by McKnight has been blocked. b. Council directed Staff to contact the County to review the area to see if the area cannot be upgraded by stripping, marking, etc. c. Council suggested there be an article in the MAPLEWOOD IN MOTION. 7. Roundup a. Councilmember Bastian requested all Council policies be collected and placed in a book form. 8. Work Place Security a. Councilmember Bastian requested sexual harassment policy, an Aids policy and drug abuse policy be reviewed and placed on next agenda. 9. Water Department a. Councilmember Bastian questioned where we are with the water department regarding an advisory board, extract ordinance and legislation. b. Staff will investigate. - 11 - 11/Z3 10. Identity a. Councilmember Bastian stated Maplewood should be promoted, the City needs identity, perhaps pins, etc. Companies could be recognized if they are well kept up, awards given. The Mayor along with the Council to promote Maplewood to other communities. L. ADMINISTRATIVE PRESENTATION None. M. ADJOURNMENT 10:28 P.M. City Clerk -12- 11/23