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HomeMy WebLinkAbout12.14.87 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, December 14, 1987 Council Chambers, Municipal Building Meeting No. 87 - 27 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers and was called to order at 7:03 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present Charlotte Wasiluk, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes of Meeting No. 87-18 (September 14, 1987) Councilmember Juker moved to approve the Minutes of Meeting No. 87-18 (September 14, 1987) as corrected: Page 35, Item K-Sa encourage quality commercial development Seconded by Councilmember Anderson. Ayes - all. 2. Minutes of Meeting No. 87 - 19 (September 28, 1987) Councilmember Anderson moved to approve the Minutes of Meeting No. 87-19 September 28, 1987) as corrected. Page 9, Item F-2h Seconded by Councilmember Anderson Seconded by Councilmember Juker. Ayes - all. 3. Minutes of Special Meeting October 19, 1987 Councilmember Juker moved to approve the Minutes of October 19, 1987 meeting as submitted. Seconded by Councilmember Bastian. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Employees 2. Editorial in Lillie Suburban Newspaper 3. Plan of Maplewood 4. Staff recommendations 5. Construction Questions 6. City Hall. 7. John Glenn Middle School Seconded by Councilmember Bastian. Ayes - all. E. CONSENT AGENDA Council removed Items E-4, 5 and 6 to become Items I-9, 10 and 11. Mayor Greavu moved, seconded by Councilmember Anderson, Ayes - all, to approve the Consent Agenda, Items E-i through 3 and 7 through 10 as recommended: 1. Accounts Payable Approved the Accounts (Part I - Fees, services, and Expenses Check Register dated November 30, 1987 through December 3, 1987 - $693,028.37: Part II - Payroll dated November 25, 1987 - $72,783.15) in the amount of $765,811.52. 2. Approval of Plan Document for Self Insurance Dental Plan Authorized approval of the self insurance dental plan document. 3. Budget Transfer - Finance Department and City Manager's Office Approved a budget transfer of $4,700 from the City Manager's budget to the Finance Department budget for revised allocation of secretary's time. 4. Elimination of Special Assessment Fund for Public Improvement Projects. Discussed as Item I-9. 5. Custody Services Agreement for Investments Discussed as Item I-10 6. Ordinance to Increase Hydrant Charge Rates (1st Reading). Discussed as Item I-11. 7. Acorn Greenhouses Assessment Cancellation Project 86-03 Resolution No. 87 - 12 - 217 WHEREAS, pursuant to Resolution 87 - 5 - 79 of the City Council of Maplewood, Minnesota, adopted May 11, 1987, the special assessments for the construction of Improvement 86-03 were levied against property de- scribed by Property Identification No. 24-29-22-23-0037; WHEREAS, $237.50 of the aforesaid assessment was levied in error; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessment for Imp. 86-03 against the property de- scribed by Property Identification No. 24-29-22-23-0037 be correctly certified to the Auditor of Ramsey County by deleting therefrom the amount of $237.50. - 2 - 12/14 8. Fish Creek - Carver Avenue Stormwater Pond - Feasibility Study Resolution No. 87 - 12 - 218 WHEREAS, it is proposed to establish a storm water detention pond to serve the drainage area roughly bounded by I-494, Carver Avenue, Dorland Road extended and Fish Creek and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all conven- ient 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. 9. Hillwood Drive, City Project 86-OS - Reduction of Retainage Resolution No. 87 - 12 - 219 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered the construction of Improvement Project 86-05, Hillwood Drive- east of Crestview. Drive and has entered into a contract with Danner, Inc., for the construction of said improvement project. WHEREAS, the contractor has formally requested a reduction in the retainage percentage. WHEREAS, the state of completion of this project is such that a reduction in retainage from 5~ to 29 of the work completed is not ad- verse to the interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD that reduction of retainage for CityProject 86-OS to 2~ is hereby authorized. 10. Highwood Addition, City Project 86-i1 - Final Acceptance Resolution No. 87 - 12 - 220 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore entered into a contract for public improvements for City Project 86-11 described as Highwood Addition, and WHEREAS, said project has been certified as completed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLE[d00D, MINNESOTA, that the project is completed and the utilities are hereby accepted as part of the distribution systems. - 3 - 12/14 F. PUBLIC HEARINGS _ 1. 7:00 P.M., Cottages of Maplewood (Woodlynn Avenue) a. PUD b. Reduced Parking c. Curbing Variance d. Setback Variance (West Lot Line) e. Setback Variance (South Lot Line) f. Tax Exempt Financing g. Tax Increment Financing 1. Mayor Greavu convened the meeting for a public hearing regarding the request of Arkell Development Corporation for a planned unit development, approval for reduced parking and three variances to construct a 60 unit senior citizen housing development. 2. Manager McGuire presented the Staff report. 3. Director of Community Development Olson presented the specifics of the proposal. 4. Commissioner Bob Cardinal presented the Planning Commission report. 5. Commissioner Dale Carlson presented the Housing and Redevelopment report. 6. Board Member Don Moe presented the Community Design Review Board report. 7. Mr. John Bossard, Bossard-Christenson; Mr. John Arkell, Arkell Development and Mr. Gary Tucci, Tucci Architects, all spoke on behalf of the proposal. 8. Mayor Greavu called for proponents. None were heard. 9. Mayor Greavu called for opponents. The following were heard: Mr. Ray Hoyt, 2993 Furness Court Mr. George Rossbach, 1406 E. County Road C , reviewed the Planning Commission recommendation. 10. Director of Public Works Haider presented the recommendations pertaining to the drainage. 11. Mary Ippel, Briggs and Morgan, explained the tax increment and tax exempt financing for this project. 12. Mayor Greavu closed the public hearing. 13. Councilmember Anderson introduced the following resolution and moved its adoption: (PUD) - 4 - 12/14 87 - 12 - 221 WHEREAS, Arkell Development Corporation initiated a conditional use permit for the Cottages of Maplewood planned unit development at the following-described property: The South 662.87 feet of North 1325.74 feet of East 263.63 feet of Northwest 1/4 of Northeast 1/4 of Section 2, Town 29, Range 22, and; The West 263.63 feet of East 527.26 feet of North 1321.30 feet of Northwest 1/4 of Northeast 1/4 of Section 2, Town 29, Range 22, and; .The East 20 feet of the following parcel, the East 263.634 feet of the West 790.902 feet of the North 1265.7 feet of the NE 1/4 in Section 2, Township 29, Range 22, and; The East 20 feet of the following described parcel, the south 55.6 feet of the North 1321.3 feet of the East 263.634 feet of the west 790.902 feet of the NE 1/4 in Section 2, Township 29, Range 22. WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was reviewed by the Maplewood Housing and Redevelopment Authority (HRA) on October 6, 1987. The HRA recommended to the City Council that said permit be approved. 2. The site plan and building elevations for the proposed development were reviewed by the Community Design Review Board (CDRB) on November 24, 1987. The CDRB recommended to the City Council that said permit be approved. 3. This conditional use permit was reviewed by the Maplewood Planning Commission on November 16, 1987. The Planning Commission recommended to the City Council that said permit be approved. 4. The Maplewood City Council held a public hearing on December 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 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 for the - 5 - 12/14 Cottages of Maplewood planned unit development, subject to the following conditions: A. This development shall not be converted to nonseniors housing without revision of the planned unit development. For purposes of this permit, seniors housing is defined as a residence occupied by persons that are 60 years of age or older. B. Trailers and vehicles that are not required for. day-to-day transportation needs shall not be parked on-site, unless the City determines that there are excess parking spaces avail- - able. C. If Council determines that there is insufficient on-site parking after one year of 95~ occupancy, additional parking may be required. D. Adherence to the site plan printed on December 18, 1987 and the floor plans date-stamped September 29, 1987, with the changes required by the Community Design Review Board. Future changes may be approved by the Community Design Review Board. E. An on-site storm shelter shall be provided in as central location as possible. F. An 80~ opaque screen with berming shall be constructed along the south lot line. An opportunity shall be provided for neighborhood input as to fencing or plantings. Approval is 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. - 6 - 12/14 _ 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. Approval includes a 7-foot setback variance from the south lot line, a 13-1/2 foot setback variance from the west lot line for a driveway, and a variance to allow more than eight units in each structure. Approval of the variances in on the basis that: 1. Senior housing creates less traffic noise than a conventional multiple-dwelling project. . 2. The building is only one-story. 3. The setback along the west property line is not needed since: a. The adjacent use is proposed to be a parking lot for a church. b. A 20-foot setback and screening is required between the church parking lot and lot line. 4. Requiring screening along the south property line would com- pensate for the reduced setback. S. The most common setback used by other cities is five feet. 6. Certain regulations contained in this chapter do not realisti- cally apply to the proposed development because of the unique nature of the proposed development. 7. The variance would be consistent with the purposes of this chapter. 8. The planned unit development would produce a development of equal or superior quality to that which would result from strict adherence to the provisions of this chapter. 9. The variance wuld not constitute a threat of a substantive nature to the property values, safety, health or general welfare of the owners or occupants of adjacent or nearby land, nor be detrimental to the health, safety, morals or general welfare of the people. - 7 - 12/14 10, The variance is requited for reasonable and practicable physical development and is not required solely on the basis of financial considerations. Seconded by Councilmember Bastian. Ayes - all. 14. Councilmember Bastian moved to approve the reduction of parking .spaces to 87 parking spaces, including 40 garages rather than the code requirement of 120 spaces, including 60 garages on the basis that: A. The parking-space requirements contained in the zoning code do not realistically apply to the proposed develop- ment, because these requirements are designed for family housing and do not consider the fewer number of cars per unit needed for senior housing. B. The City has approved a reduced number of parking spaces and garages for all previous senior developments. C. The reduced number of parking spaces has proven adequate for a similar project in Stillwater. Seconded by Councilmember Wasiluk. Ayes - all. 15. Councilmember Bastian moved to deny the concrete curbing variance on the basis that: A. Omitting the curbing would not produce a development of equal or superior quality to that which would result from strict adherence to the ordinance. Curbing adds to the aesthetics and drainage of a site. Curbing also provides a definitive boundary for the parking spaces and the driveways that will prevent rollups onto the yard area, as well as sig- nificantly reduce the potential for yard damage from snowplow- ing. B. The variance is not required for reasonable and practicable physical development of the site. Rather, this variance is proposed solely on the basis of financial considerations. C. Each of the other subsidized seniors residences has provided concrete curbing. Seconded by Councilmember Juker. Ayes - all. 16. Councilmember Anderson moved to approve the 13-1/2 foot setback from the west lot line. Seconded by Councilmember Juker. Ayes - all. 17. Councilmember Bastian moved to table the discussion of the south lot line variance for two weeks. Seconded by Councilmember Anderson. Ayes - all. - 8 - 12/14 18. Councilmember Bastian moved to table the discussion of Tax Increment Financing for two weeks. Seconded by Councilmember Juker. Ayes - all. 19. Councilmember Bastian introduced the following resolution and moved .its adoption: (Tax Exempt Financing) 87 - 12 - 222 RESOLUTION RECITING A PROPOSAL FOR A FINANCING PROGRAM FOR A MULTI FAMILY RENTAL HOUSING DEVELOPMENT, GIVING PRELIMINARY APPROVAL TO THE PROJECT AND THE PROGRAM PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C, AUTHORIZING THE CITY OF MAPLEWOOD TO ISSUE HOUSING REVENUE BONDS AND AUTHORIZING THE SUBMISSION OF FINANCING PROGRAM FOR APPROVAL TO THE MINNESOTA HOUSING FINANCE AGENCY AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH THE SAID PROJECT AND PROGRAM (THE COTTAGES OF MAPLEWOOD PROJECT) WHEREAS, (a) Minnesota Statutes, Chapter 462C (the "Act") confers upon Cities, or housing and redevelopment authorities or port authorities authorized by ordinance to exercise on behalf of a city the powers conferred by the Act, the power to issue revenue bonds to finance a program for the purposes of planning, administering, making or purchasing loans with respect to one or more multi-family housing developments within the boundaries of the city; (b) The City has received from The Arkell Development Corpora- tion (the "Developer") a proposal that the City undertake a program to finance a Project hereinafter described, through the issuance of revenue bonds or obligations (in one or more series) (the "Bonds") pursuant to the Act; (c) The City desires to: facilitate the development of rental .housing within the community; encourage the development of affordable housing opportunities for residents of the City; encourage the develop- ment of housing facilities designed for occupancy by elderly persons; and encourage the development of blighted or underutilized land and structures within the boundaries of the City.; and the Project will assist the City in achieving these objectives. (d) The Developer is currently engaged in the business of real estate development. The Project to be financed by the bonds is the acquisition, construction and equipping of a 48,000 square foot (approximately) multifamily rental housing development of approxi- mately 60 rental units located south of Woodlynn Avenue and East of Ariel Street, in the City of Maplewood, and consists of the con- . struction and equipping of buildings thereon which will result in the provision of additional rental housing opportunities to persons - 9 - 12/14 within the community; (e) The City has been advised by representatives of the Developer that conventional, commercial financing to pay the capital costs of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the project would be significantly reduced, but the Developer has also advised the City that with the aid of municipal financing, and resulting low borrowing costs, the Project is economically more feasible; (f) A public hearing on the Project and the financing program therefor was held on December 14, 1987, after notice was published, all as required by Minnesota Statutes, Section 46X.05, subd. 5, at which public hearing all those appearing at said hearing who desired to speak were heard and written comments were accepted and considered; (g) No public official of the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. The City hereby gives preliminary approval to the proposal of the Developer that the City undertake the Project, described above, and the program of financing therefor, pursuant to Minnesota Statutes, Chapter 462C, consisting of the acquisition and construction of multi-family rental housing facilities within the City pursuant to the Developer's specifications and to a revenue agreement between the City and the Developer on such terms and conditions with pro- visions for revision from time to time as necessary, so as to pro- duce income and revenues sufficient to pay, when due, the principal and interest on the bonds in the total principal amount of approxi- mately $2,800,000 to be issued pursuant to the Act to finance the acquisition and construction of the Project; and said agreement may also provide for the entire interest of the Developer therein to be mortgaged to the purchasers of the bonds, or a trustee for the holder(s) of the Bonds; and the City, acting by and through the City, hereby undertakes preliminarily to issue its bonds in accor- dance with such terms and conditions; 2. At the option of the City, the financing may be structured so as to take advantage of whatever means are available and are permitted by law to enhance the security for, or marketability of, the Bonds; provided that any such financing structure must be consented to by the Developer. 3. On the basis of information available to the City it appears, and the City hereby finds, that the Project constitutes a multi-family housing development within the meaning of subdivision 5 of Section 46X.02 of the Act; that the availability of the financing under the Act and the willingness of the City to furnish such financing will be a substantial inducement to the Developer to undertake the Project, and that the effect of the Project, if undertaken, will be to encourage the provision of additional multi-family senior rental housing opportunities to residents of the City, and to promote more intensive development and use of land within the City; 4. The Project and the program to finance the Project by the issuance of revenue bonds, is hereby given preliminary approval by the City subject to the approval of the financing program by the Minnesota Housing Finance Agency ("MHFA") and subject to final approval by the City, the Developer and the purchasers of the bonds as to ulti- mate details of the financing of the project; 5. In accordance with subdivision 5 of Section 46X.05, Minnesota Statutes, the City Clerk is hereby authorized and directed to sub- mit the program for financing the project to MHFA, requesting its approval, and other officers, and employees and agents of the City are hereby authorized to provide MHFA with preliminary information as it may require; 6. The Developer has agreed and it is hereby determined that any and all costs incurred by the City in connection with the financing of the Project whether or not the project is carried to completion and whether or not approved by MHFA will be paid by the Developer; 7. Briggs and Morgan, Professional Association, acting as bond counsel, is authorized to assist in the preparation and review of necessary documents relating to the Project and the financing program therefor, to consult with the City Attorney, Developer and purchasers of the Bonds (or trustee far the purchasers of the Bonds) as to the maturi- ties, interest rates and other terms and provisions of the Bonds and as to the covenants and other provisions of the necessary documents and submit such documents to the City for final approval; 8. Nothing in this Resolution or the documents prepared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the City for this purpose. The bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except the revenue and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. The holder of the bonds shall never have the right to com- pel any exercise of the taxing power of the City to pay the outstand- ing principal on the bonds or the interest thereon, or to enforce payment thereon against any property of the City, except such property as may be expressly pledged for the security of the Bonds. The Bonds shall recite in substance that Bonds, including the interest thereon, are payable solely from the revenue and proceeds pledged to the pay- ment thereof. The bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. 9. In anticipation of the approval by MHFA and the issuance of the Bonds to finance all or a portion of the Project, and in order that completion of the project will not be unduly delayed when approved, the Developer is hereby authorized to make such expenditures and advances toward payment of that portion of the costs of the Project to be financed from the proceeds of the bonds, as the Developer - 11 - 12/14 considers necessary,including the nse of interim, short-term financing, subject to reimbursement from the proceeds of the Bonds if any when delivered but otherwise without liability on the part of the City. 10. The actions of City Staff in causing the notice of public hearing to be published in the Maplewood Review are hereby ratified, con- firmed and adopted. 11. The Developer shall enter into various agreements with the City which shall impose the following restrictions on the Developer and the Project• (a) Construction must begin within one year of preliminary. approval on the Project (December 14, 1987). The City Council may grant a time extension if just cause is shown. (b) Contracts entered into with Contractors doing work on the Project shall provide that: (i) the Contractor shall not discriminate in the hiring or firing of employees on the basis of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability of age. (ii) The Contractor shall compensate employees with wages and financial remuneration as provided under the United States Code, Section 276A, as amended through June 23, 1986, and under Minnesota Statutes 1985, Sections 177.41 - 177.44. (iii) the Contractor shall be required td employ Minnesota residents in at least 80~ of the jobs created by the project; and, at least 60~ of the group shall be resi- dents of the seven-county metropolitan area. Resident status under both of the above categories shall be de- termined as of the date of the Project's preliminary approval by the City council (December 14, 1987). How- ever, if the contractor can show that these quotas are not feasible because of a shortage of qualified personnel in specific skills, the contractor may request the City Council for a release from the two residency requirements. The requirements shall continue for the duration of the con- struction project. (iv) the Contractor shall be an active participant in a State of Minnesota apprentice program, approved by the Department of Labor and Industry. (v) All provisions of these tax-exempt finance re uirements q shall apply to all subcontractors workin on the Project. g J (c) A written opinion, with supporting justification from a qualified expert acceptable to the City, shall be submitted with the application requesting tax exempt mortgage financing to document that: - 12 - 12/14 (i) The Project will not adversely increase the vacancy rates of rental multiple dwellings in the City that are existing or have received preliminary City ap- proval over the metropolitan average. (ii) There is reasonable assurance that the Project will be able to comply with the federal, county and City low-to-moderate income requirements over the life of the bond issue. (d) The bond indenture for the Bonds shall require: (i) The Developer to periodically certify to the City and trustee, compliance with the f~=deral low-to- moderate income requirement. The frequency of certification shall be determined on a case-by- case basis. (ii) The trustee is to inform the City of noncompliance trends with federal low-to-moderate income require- ments. (e) As a condition of approving the Project, a lump-sum fee at Bond closing or an annual fee over the life of the Bond will be required. The City reserves the right to choose the fee option that will be the most beneficial to the City. This choice will be made when the final resolution for the Project and the Bonds is adopted. Factors to be taken into account will include, but not be limited to: (i) The size of the bond issue. (ii) Unbudgeted City funding needs at the time of the request. (iii) The number of requests. (iv) Federal arbitrage considerations. (f) The formula for each fee option is as follows: (i) Annual fee: (1) Full bond maturity: An annual fee payable on each anniversary of the Bond issue of not less than one-eighth of one percent of the unpaid balance and one-quarter of one percent of the Bond issue shall be paid at bond closing, subject to federal arbi- trage restrictions. (2) Prepayment of Bonds: The same as the full Bond maturity requirement, except if all of the outstanding Bonds are prepaid prior to final Bond maturity, the developer shall pay, at the time of such prepayment, a lump-sum fee equal to the present value of the - 13 - 12/14 remaining annual fee payments, from the date of prepayment to final Bond maturity, subject to federal arbitrage restrictions. (ii) Lump-sum fee: At Bond closing, a lump-sum fee shall be paid that is equivalent to the present value of the annual fee option. The present value must be determined by a qualified expert, acceptable to the City. (g) 20% of the Project units shall be occupied by households that have an adjusted gross income of 50% or less of the metropolitan median income, unless the Developer elects to provide 40% of the Project units complying with the 60% median income requirement; (h) 75% of the Project units shall be occupied by households that have an adjusted gross income of not more than 110% of the metropolitan median income; and _ (i) 51% of the Project units shall be affordable to households which have adjested gross incomes of no more than 80% of the metropolitan median income. Seconded by Councilmember Anderson. Ayes - all. 2. 7:10 P.M., On-Sale Liquor License a. Days Inn, 1780 E. County Road D 1, Mayor Greavu convened the meeting for a public hearing regarding the request of Deborah D. Snyder, Ronald L. Ringling, Robert S. Snyder and Delvin D. Junker for an On-Sale Intoxicating Liquor License at Days Inn, 1780 E. County Road D. 2. Manager McGuire presented the Staff report. 3. Mr. Robert Snyder, the applicant, spoke on behalf of the request. 4. Mayor Greavu called for proponents. None were heard. 5. Mayor Greavu called for opponents. None were heard. 6. Mayor Greavu closed the public hearing. 7. Councilmember Wasiluk introduced the following resolution and moved its adoption: 87 - 12 - 223 NOTICE IS HEREBY GIVEN, that pursuant to action by the City Council of the City of Maplewood on December 14, 1987,an On-Sale Intoxicating Liquor License was approved for Deborah Snyder, dba Days Inn, 1780 E. County Road D. - 14 - 12/14 The Council proceeded in his matter as outlined in the Municipal Code. Seconded by Councilmember Juker. Ayes - all. b. Chesters, 3088 White Bear Avenue 1. Mayor Greavu convened the meeting for a public hearing regarding the request of David M. Ryan for an On-Sale Intoxicating Liquor License at Hoff-N-Sipper (formerly Chesters) 3088 White Bear Avenue. 2. Manager McGuire presented the Staff report. 3. David Ryan, the applicant, spoke on behalf of his request. 4. Mayor Greavu called for proponents. None were heard. 5. Mayor Greavu called for opponents. None were heard. 6. Mayor Greavu closed the public hearing. 7. Councilmember Anderson introduced the following resolution and maned its adoption: 87 - 12 - 224 NOTICE IS HEREBY GIVEN that pursuant to action by the City Council of the City of Maplewood on December 14, 1987, an On-Sale Intoxicating Liquor License was approved for David Ryan, dba Hoff-N- Sipper, 3088 White Bear Avenue (formerly Chesters.) The Council proceeded in this matter as outlined in the Munici- pal Gode. Seconded by Councilmember Juker. Ayes - all. 3. 7:20 P.M., Code Amendment: Metal Storage buildings (2nd Reading - 4 Votes) a. Mayor Greavu convened the meeting for a public hearing regarding the adoption of a proposed ordinance to allow metal storage buildings in an M-1 light manufacturing zone. b. Manager McGuire presented the Staff report. c. Commissioner Bob Cardinal presented the Planning Commission report. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Mayor Greavu introduced the following ordinance and moved its adoption: - 15 - 12/14 ORDINANCE N0. 616 AN ORDINANCE REGULATING METAL STORAGE BUILDINGS THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 1. Section 9-6 (a), metal pole buildings, are amended as follows: Sec. 9-6 Metal storage buildings. (a) It shall be unlawful to erect a metal storage building in the City which is of a design commonly referred to as a "pole barn" or "agri- building", unless such building: i. would be located in a F, farm residence district, 2, would be a metal storage building commonly used as a back yard storage shed 3. would be located in a M-1, light manufacturing or M-2, heavy manufacturing district and would be substantially screened so as to be 80~ opaque as viewed from residentially-zoned land or streets. If the screening is removed or dies and is not re- placed, the City Council may require removal of the building. If the value of the building exceeds $25,000, the City Council shall allow at least a five-year amortization period, or 4. would be located in a BC, business commercial district and approved with a conditional use permit as required in Section 36-153 (2) (f Section 2. Section 36-153 (2) is amended as follows: ' (2) Conditional uses: The following uses are allowed when authorized by the City Council as a conditional use: (a) All uses permitted in R-3 Residence Districts. (b) Processing and distributing station for milk or other beverages, carting or hauling station. (c) Place of amusement, recreation or assembly, other than a theater, when conducted indoors. (d) Yard for storage, sale and distribution of ice, coal, fuel oil or building materials, when enclosed within a fence of not less than six (6) feet in height, but not including junkyard, salvage, automobile or other wrecking yard. (e) Used Car lot. - 16 - 12/14 (f) Metal storage buildings, provided that in addition to the general findings required for a conditional use, the following additional findings must be made: 1. The building would be substantially screened so as to be 80~ opaque as viewed from streets or residentially zoned land. 2. The building would not be of lesser quality than surrounding development. If the screening is removed or dies and is not replaced, the City Council may require removal of the building. If the value of the building exceeds $25,000, the City Council shall allow at least a five-year amortization period. Section 3. This ordinance shall take effect upon its passage and publication. Seconded by Councilmember Anderson. Ayes - all. G. AWARD OF BIDS None. H. UNFINISHED BUSINESS 1. Hardship Ordinance (2nd Reading) a. Manager McGuire presented the Staff report. b. Mayor Greavu introduced the following ordinance and moved its adoption: ORDINANCE N0. 617 AN ORDINANCE PROVIDING FOR APPLICATIONS FOR INSTALLMENT PAYMENTS OF CHARGES DUE TO HARDSHIP Section 35-26 of the Maplewood Code of Ordinances is amended to add the following language: "Section 35-26. Applications for Installment Payments Due to Hardship. Any person financially unable to pay a cash connection charge may make applica- tion to the City Manager to provide for installment payments for such connection charge. Such application shall include the following information: 1. Name and address of applicant 2. Owner and legal description of subject property 3. Reason and proof of financial hardship of applicant 4. A copy of the most recent income tax return 5. A sworn financial statement showing all assets, liabilities, sources of income and expenses. If the City Manager finds sufficient financial hardship to the applicant, the Manager may provide for payments of such charge in annual installments for a - 17 - 12/14 period not to exceed five years, and collectable with property taxes due on the subject property. The applicant may appeal the Manager's decision to the City Council." Seconded by Councilmember Anderson. Ayes - all. 2. Code Amendment: Townhouse - 2nd Reading (4 Votes) a. Manager McGuire presented the Staff report. b. Director of Community Development explained the proposal. c. Commissioner Bob Cardinal presented the Planning Commission report. d. Mayor Greavu moved second reading of an ordinance amending the require- ments for townhouses by deleting the minimum lot area requirements; revise the units per structure requirement; and delete the construction requirements. Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu, Councilmembers Bastian and Wasiluk Nays - Councilmembers Anderson and Juker. Motion defeated. 4 Votes required. I. NEW BUSINESS 1. Code Amendment: BC (M) District - Gas Pumps (1st Reading) a. Manager McGuire presented the Staff report. b. Director of Community Development Olson presented the specifics of the proposal. c. Councilmember Anderson moved first reading of an ordinance amending the BC (M) business commercial (modified) zoning distrct to allow gas sales with no more than two pumps on a single island. Seconded by Councilmember Bastian. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Wasiluk Nay - Councilmember Juker. 2. Beam Avenue Watermain, City Project 84-12 - Change Order #2 a. Manager McGuire presented the Staff report:. b. Councilmember Anderson introduced the following resolution and moved its adoption• - 18 - 12/14 87-12-225 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 84-12 and has let a construction con- . tract 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 Two. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the Alayor and City Clerk are hereby authorized and directed to modify the existing contract by executing said Change Order Two. Seconded by Mayor Greavu. Ayes - all. c. Councilmember Anderson moved to authorize Staff to contact Short Eliott Hendersen for compensation for these chance orders. Seconded by Councilmember Juker. Ayes - all. 3. Beam Avenue Watermain - City Project 84-12 - Change Order No. 3 a. Manager McGuire presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 87 - 12 - 226 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 84-12 and has let a construction con- tract 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 Three. 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. Seconded by Councilmember Wasiluk. Ayes - all. 4. Appointment - School Boundary Criteria Meeting a. Manager McGuire presented the Staff report. b. Councilmember Anderson moved to appoint Councilmember Fran Juker to the School Boundary Criteria Committee for School District 622. - 19 - 12/14 Seconded by Councilmember Bastian. Ayes - Mayor Greavu, Councilmembers. li Anderson, Bastian and Wasiluk Nay - Councilmember Juker. 5. Policy on Alcohol/Drug Abuse, A.I.D.S. and Sexual Harassment. a. Manager McGuire stated there are no formal policies at this time, but they are being developed. b. No action taken. 6. White Bear Avenue/11th Avenue Redevelopment a. Director of Community Development Olson presented the Staff report. b. Tami Skweres and Mike Jansen, Merrill Lynch Realty, 1876 Beam Avenue, explained their redevelopment proposal for the area. c. The following area residents asked questions regarding the redevelopment of the area. Roger Anitzberger, 1949 Castle Avenue Wm. McGraw, 1958 Gervais John Hardenbrook, 1970 Gervais Roger R. Kult, 2444 White Bear Avenue d. No action taken. Councilmember Anderson moved to extend the meeting to 11:00 P.M. Seconded by Mayor Greavu. .Ayes - all. 7. North/Tartan Band Boosters a. Manager McGuire presented a letter from the North/Tartan Band Boosters requesting help in financing their bands invitation to represent Minnesota at the Hall of Fame College Bowl in Tampa, Florida, on January 1, 1988. b. Council urged citizens to donate to this endeavor. 8. Council/Staff Workshop a. Manager McGuire presented the Staff report. b. Councilmember Bastian moved to establish a 1988 Council/Staff Leadership Workshop on January 8 and 9, 1988, at Riverwood'Conference Center. Seconded by Councilmember Wasiluk. Ayes - Councilmembers Bastian and Wasiluk. Nays - Mayor Greavu, Councilmembers Anderson and Juker. Motion failed. - 20 - 12/14 9. Elimination of Special Assessment Fund for Public Improvement Projects a. Manager McGuire presented the Staff report. b. Mayor Greavu moved to table this item for further information. Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Wasiluk Nay - Councilmember Bastian. 10. Investments Custody Services Agreement a. Manager McGuire presented the Staff report. b. Councilmember Anderson moved to deny the request_to=execute a custody ~reement with First Trust and the establishment of the appropriate ac- counts to implement the agreement. Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers Anderson and Juker. Nays - Councilmembers Bastian and Wasiluk. 11. Ordinance to Increase Hydrant Charge Rates a. Manager McGuire presented the Staff report. b. Councilmember Bastian moved first reading of an ordinance to increase the hydrant charge rates. Seconded by Councilmember Anderson. Ayes - all. J. VISITOR PRESENTATIONS 1. PIr. Joseph Timmers, 1621 E. Sandhurst. a. Mr. Timmers stated his opinion of the attempt to correct the drainage problems at Sherwood Park. b. No action taken. M. ADJOURNMENT 11:00 P.M. City Clerk - 21 - l~/14