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HomeMy WebLinkAbout12.28.87 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, December 28, 1987 Council Chambers, Municipal Building Meeting No. 87-28 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 Acting Mayor Wasiluk. B. ROLL CALL John C. Greavu, Mayor Absent Charlotte Wasiluk, Acting Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes o£ Meeting No. 87-21 (October 5, 1987) Councilmember Anderson moved to approve the Minutes of Meeting No. 87-21 (October 5, 1987) as submitted. Seconded by Councilmember Bastian. Ayes - Councilmembers Anderson, Bastian and Juker Acting Mayor Wasiluk abstained. D. APPROVAL OF AGENDA Acting Mayor Wasiluk moved to amend the Agenda and table Item H-4 - Initiate Rezoning and Plan Amendment: 831 Century Avenue North (Dege) until the meeting of January 11, 1987, or until settlement of the Court case. Seconded by Councilmember Bastian. Ayes - all. Councilmember Anderson moved to approve the Agenda as amended: 1. Manager's Evaluation 2. County Road E 3. Council/Staff Workshop 4. Committee's Representation 5. Comments to the Council 6. Sidewalk Ordinances 7. Checks - Council 8. Hirshfield's Parking Lot Seconded by Councilmember Bastian. Ayes - all. 12/28 E-A HUMAN RELATION COMMISSION AWARD 1. Scott Rostron, Chairperson of the Human Relations commission, recommended to the City Council that Edward and Delores O'Mara receive the First Annual Human Rights Award for their outstanding services to the Community. 2. Acting Mayor Wasiluk moved to present Edward and Delores O'Mara the First Annual Human Rights-Award. Seconded by Councilmember Bastian. Ayes - all. E. CONSENT AGENDA Council removed Items E-9, 10 and 11 to become Agenda Items I-7, 8 and 9. Acting Mayor Wasiluk moved, seconded by Councilmember Anderson, ayes - ally approve the Consent Agenda as recommended: 1. Accounts Payable Approved the accounts (Part I - Fees Services Expenses check register dated 12-17-87 through 12-18-87 - $742,961.48: Part II - Payroll dated pay period ending 12-4-87, gross amount $138,631.57) as submitted. 2. Redesignation of Depositories Resolution No. 87 - 12 - 227 BE IT RESOLVED, that the following be and hereby are selected as depositories for time deposits of the City of Maplewood: American National Bank First Minnesota First National Bank of St. Paul First State Bank of St. Paul Investors Savings Bank Maplewood State Bank Marquette Bank Midwest Federal Savings and Loan Norwest Bank Minneapolis Town and Country Bank Twin City Federal Savings and Loan BE IT FURTHER RESOLVED, that the deposits in any of the above depositories shall not exceed the amount of F.D.I.C. or F.S.L.I.C. I insurance covering such deposit unless collateral or a bond is fur- nished as additional security, and BE IT FURTHER RESOLVED, that funds in the above depositories may be withdrawn and wire transferred to any other official depository of the City by the request of the Finance Director, Assistant Finance Director or Accountant, and BE IT FURTHER RESOLVED, that these depository designations are effec- tive until 12-31-90. - 2 - 12/28 3. Authorization of Investment in the 4M Fund Resolution No. 87 - 12 - 228 WHEREAS, Minnesota Statutes Section 471.59 (the "Joint Powers Act") provides among other things that governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, the Minnesota Municipal Money Market Fund was formed in January 1987 pursuant to the Joint Powers Act by the adoption of a joint powers agree- ment in the form of a Declaration of Trust by a group of Minnesota Munici- palities acting as the Initial Participants thereof; and WHEREAS, the Declaration of Trust has been presented to this Council and WHEREAS, the Declaration of Trust authorizes municipalities of the State of Minnesota to adopt and enter into the Declaration of Trust and become _ participants of the Fund. Municipality shall mean city, co~mty, town, public authority, public corporation, public commission, special district, and any "instrumentality" (as that term is defined in the Joint Powers Act) of a municipality and WHEREAS, this Council deems it to be advisable for this municipality to adopt and enter into the Declaration of Trust and become a Participant of the Fund for the purpose of the joint investment of this municipality's monies with those of other municipalities so as to enhance the investment earnings accruing to each, and WHEREAS, this Council deems it to be advisable for this municipality to make use from time to time, in the discretion of the officials of the munici- pality identified in Section 2 of the following Resolution, of the Fixed-Rate Investment Program available to Participants of the Fund. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: Section 1. This municipality shall join with other municipalities (as such term is defined in the Declaration of Trust) in accordance with the Joint Powers Act by becoming a Participant of the Fund and adopting and entering into the Declaration of Trust, which is adopted by reference here- - in with the same effect as if it had been set out verbatim in this resolu- tion, and a copy of the Declaration of Trust shall be filed in the minutes of the meeting at which this Resolution was adopted. The Mayor and the City Manager are hereby authorized to take such actions and execute any and all such documents as they may deem necessary and appropriate to effectuate the entry of this municipality into the Declaration of Trust and the adoption thereof by this municipality. Section 2. This municipality is hereby authorized to invest its avail- able monies from time to time and to withdraw such monies from time to time in accordance with the provisions of the Declaration of Trust. The following officers and officials of the municipality and their respective successors in - 3 - 12/28 office each hereby are designated as "authorized Officials" with full powers and authority to effectuate the investment and withdrawal of monies of this municipality from time to time in accordance with the Declaration of Trust and pursuant to the Fixed-Rate Investment Service available to Participants of the Fund: Daniel F. Faust, Finance Director Carole Anderson, Assistant Finance Director Linda Taylor, Accountant The City Clerk shall advise the Fund of any changes in Authorized Officials in accordance with procedures established by the Fund. Section 3. The Trustees of the Fund are hereby designated as having official custody of this municipality's monies which are invested in ac- cordance with the Declaration of Trust. Section 4. Authorization is hereby given for members of the Board of Directors of the League of Minnesota Cities to serve as Trustees of the Fund pursuant to the provisions of the Declaration of Trust. Section 5. State banks, national banks, and thrift institutions located either within or without the State o£ Minnesota which qualify as depositories under Minnesota law and are included on a list approved and maintained for such purpose by the Investment Advisor of the Fund are hereby designated as depositories of this municipality pursuant to Minnesota Statutes Section 118.005 and monies of this municipality may be deposited therein, from time to time in the discretion of the Authorized Officials, pursuant to the Fixed-Rate Investment Service available to Participants of the fund. 4. Interfund Transfers for Unassessed Utility Improvements Approved the following ransfers: $ 58,400 W.A.C, Fund Debt Service Funds 71,700 Hydrant Fund 1973 Bonds (#22) 6,010 Hydrant Fund 1977 Bonds (#25) 2,050 Sewer Fund 1979 Bonds (#27) $138,160 Total 1979 Bonds (#27) 5. Home Occupational Renewal: 1918 Kennard (Roberts) Authorized the renewal of the reupholstering business home occupation at 1918 Kennard Street for five years, subject to the November 24, 1986 conditions of approval. 6. Conditional Use Permit Renewal: 940 Frost (Freitag) Approved the renewal of the conditional use permit for the St. Paul Tourist Cabins - Mobile Home Park for five years. 7. Conditional Use Permit Renewal: Woodlynn and Ariel (Salvation-9rmy) Approved the renewal of the conditional use permit for one year for the Salvation Army Church and adult day care facility at the southeast cor- ner of Ariel Street and Woodlynn Avenue, subject to the December 22, 1986 conditions of approval. - 4 - 12/28 i 8. Conditional Use Permit Renewal: 1768 McMenemy (Hmong Church) Approved the renewal of the conditional use permit for the Hmong Christian and Missionary Alliance Church for one year, subject to the oroginal con- ditions of approval. 9. Consent of Sale: Silver Ridge Apartments (Stillwater Road and Stillwater Avenue) Discussed under Item I-9. 10. Final Plat: Carver Heights Discussed under Item I-7. 11. Secretarial Desk and Chair - Manager's Office Discussed under Item I-8. 12. Human Relations Commission Biennial Report. Accepted the 1985-1986 Human Relations Commission Biennial Report. 13. Intervention Project Agreement Authorized entering into an agreement by the City of Maplewood with Ramsey County Community and Economic Development Department to facilitate grant monies for the Maplewood Domestic Intervention Project and that Finance Director Faust and Director of Public Safety Collins be named liaison per- sons. 14. Park Availability Charge Approved the recommendation of the Park and Recreation Department that the Commercial PAC charge continue at 7~ for 1988. 15. Correction of Minor Assessment Errors Resolution No. 87 - 12 - 229 WHEREAS, the City of Maplewood has levied special assessments on the following projects and for the following services to wit: 1. Frost Avenue Improvement 83-O1 2. Beam Avenue Water Improvement 84-12 3. Water District 6 Tank Improvement 86-03 4. County Road C Water Improvement 86-04 5. Hillwood Drive Improvement 86-05; and WHEREAS, there are certain minor errors and inconsistancies which the City wishes to correct; NOW, THEREFORE, BE IT HEREBY RESOLVED that the Council of the City of Maplewood authorizes and directs the City Clerk to make such corrections and adjustments as are deemed necessary; and - 5 - 12/28. BE IT FURTHER RESOLVED that a copy of this resolution shall be presented to the Ramsey County Department of Taxation as authority to make such corrections and adjustments in the assessments herein- after set out. F. PUBLIC HEARINGS 1. 7:00 P.M., Code Amendment: BC (M) District - Gas Pumps (2nd Reading - 4 Votes) a. Acting Mayor Wasiluk moved to table this item until it can be discussed before a full Council. Seconded by Councilmember Anderson. Ayes - all. 2. 7:10 P.M., PUD Revision: St. Paul Business Center West a. Acting Mayor Wasiluk convened the Meeting for a public hearing regarding a request of St. Paul Business Center to add 13 parking spaces at the south end of the site. b. Manager McGuire presented the Staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Commissioner Rossbach presented the Planning Commission report. e. Board Member Kochsiek presented the Community Design Review Board recommendation. f. Acting Mayor Wasiluk called for proponents. The following were heard: Jason Schwartz, Property Manager for St. Paul Business Center g. Acting Mayor Wasiluk called for opponents. None were heard. h. Acting Mayor Wasiluk closed the public hearing. i. Councilmember Anderson introduced the following resolution and moved its adoption• 87 - 12 - 230 WHEREAS, Todd Reid of the St. Paul Business Center initiated a con- ditional use permit to add thirteen parking spaces at the following- described property: E 1/2 of NE 1/4 of Section 18, township 29, lying westerly of the centerline of Trunk Highway No. 10, except the N 900 ft thereof; subject to said Highway 10 and easement for ponding area in the N 195 ft of the S 240 ft thereof, all in Ramsey County, Mn.; This property is also known as 225-255 E. Roselawn Avenue, Maplewood; WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit revision was reviewed by the - 6 - 12/28 Maplewood Planning Commission on December 7, 1987. The Planning Commission recommended to the City Council that said permit be approved. 2. The Maplewood City Council held a public hearing on December 28, 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 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. 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 prop- erties. 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 following conditions: 1. Adherence to the original approved site plan, dated January 2, 1981, and the revised parking plan dated October 21, 1987, unless a change is approved by the City's Community Design Review Board. - 7 - 12/28 2. Compliance with the original conditions of approval for this planned unit development. 3. Compliance with the Community Design Review Board's conditions of approval, dated November 10, 1987. Seconded by Acting Mayor Wasiluk. Ayes - Acting Mayor Wasiluk, Council- members Anderson and Bastian. Nay - Councilmember Juker. 3. 7:20 P.M., 2430 Hazelwood (Johnson) a. Lot Width Variance b. Lot Area Variance c. Lot Division 1. Acting Mayor Wasiluk convened the meeting for a public hearing regarding the request of Theodore Johnson, 2430 Hazelwood, for a corner lot width variance of 11.43 feet and lot area variance of 625 square feet to split a parcel into two single dwelling lots. 2. Manager McGuire presented the Staff report. 3. Director of Community Development Olson presented the proposal in detail. 4. Commissioner Rossbach presented the Planning Commission recommendation. 5. Acting Mayor Wasiluk called for proponents. The following were heard: Mr. Theodore Johnson, the applicant. 6. Acting Mayor Wasiluk called for opponents. None were heard. 7. Acting Mayor Wasiluk closed the public hearing. 8. Councilmember Bastian moved to approve the lot division as requested and introduced the followin¢ resolution and moved its adoption• 87-12-231 WHEREAS, Theodore Johnson applied for a variance for the following- . described property: The west 125 feet of the south half of Lot 7, E. G. Rodger's Garden Lots; This property is also known as 2430 Hazelwood Avenue, Maplewood; WHEREAS, section 30-8 (f) (2) of the Maplewood Code of Ordinances requires at least 100 feet of width for corner lots; WHEREAS, the applicant is proposing 88.57 feet, requiring a variance of 11.43 feet. WHEREAS, Sections 30-8 (f) (1) and 36-69 require at least 10,000 square feet of area for single-dwelling lots. - 8 - 12/28 WHEREAS, the applicant is proposing 9,375 square feet, requiring a variance of 625 square feet. WHEREAS, the procedural history of this variance is as follows: 1. This variance was reviewed by the Maplewood Planning Commission on December 7, 1987. The Planning commission recommended to the City Council that said variance be approved. 2. The Maplewood City Council held a public hearing on December 28, 1987, to consider this variance. 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 variance be approved on the basis of the following findings of fact: 1. Strict enforcement would cause undue hardship because of circum- stances unique to this property because: a. Requiring this property to remain as one home site would. not be a reasonable use of the land given that the majority of developed corner properties in the area are slightly narrower than the proposed corner lot, and the smaller area of the in- terior lot will not be detectable. b. Approval to split this property into two home sites would not alter the essential character of the neighborhood. In fact, it could enhance it by facilitating the development of the unim- proved north portion of the site. c. Subdivision of the adjoining and nearby properties created the circumstances of this request, not the present land owner. d. Council approved a corner-lot width variance one block to the south which resulted in a corner lot two feet narrower than the proposed lot width. 2. The variance would be in keeping with the spirit and intent of the ordinance because: a. The proposed lots would provide buildable areas compatible with all of the other lots in this area. b. The proposal would not cause the general area to exceed planned density requirements. Seconded by Councilmember Anderson. Ayes - all. - 9 - 1L/28 4. 7:30 P.M., Variance: 2648 Minnehaha (Steingraber) a. Acting Mayor Wasiluk convened the meeting for a public hearing regarding the request of Mr. Robert Steingraber, 2648 E. Minnehaha, for approval of a 250 square foot garage size variance. b. Manager McGuire presented the Staff report. c. Director of Community Development Olson presented the proposal in detail. d. Commissioner Rossbach presented the Planning commission recommendation. e. Mr. Steingraber, the applicant spoke on behalf of his request. f. Acting Mayor Wasiluk called for proponents. The following were heard: Chris Lipka Bernard Mehr, 687 Ferndale Harold Peterson, 657 Ferndale g•. Acting Mayor Wasiluk called for opponents. None were heard. h. Acting Mayor Wasiluk closed the public hearing. i. Councilmember anderson moved to table this item and instruct Staff to upgrade the ordinance regarding garage sizes. Motion died for lack of a second. j. Councilmember Anderson moved to table request for a variance as submitted by Mr. Steingraber. Seconded by Councilmember Bastian. Ayes - all. k. Councilmember Anderson moved to instruct Staff to follow the Planning Commission's recommendation to upgrade the ordinance pertaining to garage size. Seconded by Councilmember Bastian. Ayes - all. 1. Councilmember Bastian directed legal staff to transmit a letter to the Planning Commission explaining the legal aspects of variances. Seconded by Councilmember Anderson. Ayes - all. 5. 7:40 P.M., Variance: Bradley (Desoto Associates) a. Acting Mayor Wasiluk convened the meeting for a public hearing regarding the request of Desoto Associates for approval of a 2.7 foot lot width variance. Code requires that double dwelling lots be at least 85 feet wide; the appli- cant's lot is 82.3 feet wide. b. Manager McGuire presented the Staff report. - 10 - 12/28 c. Director of Community Development Olson presented the proposal in detail. d. Commissioner Rossbach presented the Planning Commission recommenda- tion. e. Mr. Richard Schreier, Desoto Associates, the applicant, spoke on behalf of his request. f. Acting Mayor Wasiluk called for proponents. None were heard. g. Acting Mayor Wasiluk called for opponents. The following were heard: Carol Brautman Joe McGuire, 2080 Bradley Vivian Soderman h. Acting Mayor Wasiluk closed the public hearing. i. Councilmember Bastian moved to table the variance request to January 11, 1988. Seconded by Councilmember Anderson. Ayes - all. j. Councilmember Bastian moved to direct Staff to prepare an amendment to the code "grandfathering in" the R-2 zoned property with 75 feet in width. Seconded by Acting Mayor Wasiluk. Ayes - all. 6. 7:50 P.M., Code Amendment - Material Extraction (2nd Reading - 4 Votes) a. Acting Mayor Wasiluk convened the meeting for a public hearing regarding the adoption of the proposed Material Extraction and Hauling Ordinance. b. Manager McGure presented the Staff report. c. Director of Public Works Haider explained the proposed ordinance. d. Mr. Vern Jacobsen, Assistant General Manager of St. Paul Water Department presented a letter from the General Manager Tom Mogren, explaining the water department position. e. Councilmember Anderson moved to table this item until the Meeting of Janu- ary 11, 1988. Seconded by Councilmember Juker. Ayes - all. G. AWARD OF BIDS None. H. UNFINISHED BUSINESS 1. Elimination of Special Assessment Fund and Budgeting for Public Improvement Projects. - 11 - 12/28 a. Manager McGuire Presented the Staff report. b. Finance Director Dan Faust explained the proposal. c. Councilmember Anderson introduced the following resolution and moved its adoption• 87 - 12 - 232 WHEREAS, the Special Assessment Fund type has been eliminated due to a change in generally accepted accounting principles, and WHEREAS, accounting and budgeting procedures need to be modified to conform with the change in generally accepted principles. NOW THEREFORE BE IT RESOLVED: 1. That the Special Assessment Fund Debt Service Accounts be eliminated and reclassified as Debt Service Funds. 2. That the Special Assessment Fund Construction Accounts that are developer projects be reclassified and included in the Developer Projects Agency Fund. 3. That the Special Assessment Fund Construction Accounts that are public improvement projects be reclassified and included in the Public Improvements Projects fund in the Capital Projects Fund type. 4. That the Finance Director shall establish a budget for each public improvement project when the Council orders the project. 5. That the budget for each project initially be recorded at amounts specified in the feasibility study for the project. 6. That the unspent portion of each budget should automatically be carried over to the next year at year end for incomplete projects. 7. That a 1987 budget is hereby established for each public improvement project in progress during 1987 at amounts equal to the original financing plan less previous year expenditures. 8. That change orders approved by the Council shall cause automatic budget changes in the same amounts. Seconded by Councilmember Juker. Ayes - all. - 12 - 12/28 a. Manager McGuire presented the Staff report. b. Councilmember Anderson introduced the following, ordinance and moved its adoption• ORDINANCE N0. 618 AN ORDINANCE AMENDING THE MAPLEWOOD CODE RELATING TO HYDRANP'Q-IAROE RATES BE IT ORDAINED BY COUNCIL OF THE CITY OF MAPLEWOOD AS FOLLOWS: Section 1. That Section 35-52 of the Maplewood Code is hereby adopted to read as follows: There shall be levied a hydrant charge against all properties benefiting from fire protection created by the availability of water. Such charge shall be imposed only within the St. Paul Water District service area where water mains are located. The hydrant charge shall be levied whether or not the property is connected to water mains. The rates shall be as follows: (1) The quarterly residential rates shall be: Single Family Dwelling $3.00 Townhouse 3.00 Duplex 6.00 Apartment 2.40 Condominium 3.00 Mobile Home 3.00 ' (2) Non-residential rates shall be as follows: Class A - over 300 MGY - $.07 per 1,000 gallons Class B - 0 - 299 MGY - $.11 per 1,000 gallons Minimum rate - $3.00 per quarter (3) The rate for properties used jointly for residential and commercial purposes that are not metered separately shall be billed at non-residential rates. Section 2. This ordinance shall take effect and be in force beginning January 1, 1988. Seconded by Acting Mayor Wasiluk. Ayes - Acting Mayor Wasiluk, Council- members Anderson and Bastian Nay - Councilmember Juker. - 1~' - 12/28 3. Cottages of Maplewood a. Setback Variance to the south Lot Line b. Units Building Variance c. Tax Increment Financing 1. Manager McGuire presented the Staff report. 2. Mary Ippel, Briggs and Morgan, Bonding Consultant explained the time limits regarding this proposal. 3. John Bossardt, the applicant, spoke on behalf of the proposal. 4. Council directed Staff to write to Ramsey County explaining why this item is being tabled. 5. Councilmember Juker moved to table this item until the January 11, - 1988 meeting. Seconded by Councilmember Anderson. Ayes - all. Acting Mayor Wasiluk called for a five-minute recess at 9:25 P.M. Acting Mayor Wasiluk reconvened the meeting at 9:30 P.M. 4. Initiate Rezoning and Plan Amendment: 831 No. Century Avenue (Dege) a. Tabled to the meeting of January 11, 1988. I. NEW BUSINESS 1. Street Name Change: German Street a. Manager McGuire presented the Staff report. b. Director of Community Development Olson presented the proposal in detail. _ c. Mrs. Ruth Myckleby-Lang, the applicant, explained her request. She stated German Street is similar to Germain Street and has caused confusion. d. No action taken. 2. Driveway Setback: 1210 County Road B (Timmers) a. Manager McGuire presented the Staff report. b. Director of Community Development Olson explained the proposal. c. Dick Timmers, 1210 E. County Road B, the applicant, spoke on behalf of his request. d. The following area residents spoke against the proposal: Mrs. DeRose, 1202 E. County Road B Mrs. Joran, 1198 E. County Road B - 14 - 12/28 _ e. Councilmember Anderson moved to deny Mr. Timmers' request and moved that the newly widened portion of the driveway, approximately the west 20 inches from the southern most edge of the driveway next to the garage north to the beginning of the expanded driveway be removed by January 30, 1988. Seconded by Acting Mayor Wasiluk. Ayes - all. 3. Fee Increase: Duane Grace a. Manager McGuire presented the Staff report. b. Councilmember Anderson moved to approve the fee increase for Duane Grace, private consultant, from $22.00 per hour to $44.00 per hour. Seconded by Councilmember Bastian. Ayes - all. 4. Time Extension: Siding, 2695 Fremont (McCloud) a. Manager McGuire presented the Staff report. b. Wayne McCloud, 2695 Fremont Avenue, explained his circumstance and why a time extension is necessary. c. Councilmember Anderson moved to grant a time extension to compl with the City's siding ordinance until September 1, 1988. Seconded by Councilmember Juker. Ayes - all. 5. Council Chambers Tables a. Manager McGuire presented the Staff report. b. Councilmember Bastian moved to encumber the funds ($7800) to purchase the Council Chamber tables. Seconded by Acting Mayor Wasiluk. Ayes - all. 6. H.A.Z.M.A.T. a. Councilmember Bastian moved to appoint Mayor John Greavu as the appointee to H.A.Z.M.A.T. Seconded by Councilmember Anderson. Ayes - Acting Mayor Wasiluk, Council- members Anderson and Bastian. Nay - Councilmember Juker. 7. Final Plat: Carver Heights a. Councilmember Anderson moved to approve Carver Heights final plat. Seconded by Councilmember Bastian. Ayes - all. - 15 - 12/28 Councilmember Anderson moved to extend the meeting until the Agenda is completed Seconded by Acting Mayor Wasiluk. Ayes - Acting Mayor Wasiluk, Council- members Anderson and Juker. Nay - Councilmember Bastian. 8. Secretarial Desk and Chair a. Councilmember Bastian moved to authorize the purchase of the secretarial desk and chair for Manager/Finance Department in the amount of $1 017 46 and the bid be awarded to S.P.S. Seconded by Councilmember Anderson. Ayes - all. 9. Consent of Sale: Silver Ridge Apartments (Stillwater Road and Stillwater Avenue ) a. Councilmember Anderson moved that the City Council approve the sale of the Silver Ridge Apartments to Angeles subject to (i) the receipt of an opinion of Dorsey & Whtney that the sale will not adversely affect the ex- clusio_n from federal income taxation of the interest on the housin revenue bonds issued for the project (ii) the acknowledgement by Tri-State that the assumption by Angeles of the bonds will not relieve Tri-State from paving the yearly city administrative fee required by the Regulatory Agreement if Angeles fails to pay this administrative fee and (iii) the form of estoppel and consent letter submitted by Tri-State be revised to delete paragraphs 4 - 10 and be executed by the City in the form presented Seconded by Councilmember Bastian. Ayes - all. J. VISITOR PRESENTATIONS 1. Don Oren a. Mr. Oren requested Council approve the proplsed plat for the Cub Foods Property. Councilmember Anderson moved to waive the Rules of Procedure to take action on the Cub Foods Property final plat. Seconded by Councilmember Bastian. Ayes - all. b. Councilmember Anderson moved to approve the Cub Foods Property final plat subject to all conditions being completed. Seconded by Councilmember bastian. Ayes - Acting Mayor Wasiluk, Council- - members Anderson and Bastian. Nay - Councilmember Juker. COUNCIL PRESENTATIONS 1. Manager Evaluation - 16 - 12/28 a. Councilmember Anderson requested a date be established for the manager's evaluation. b. January 7, 1988, after the agenda session, was established as the date for the manager's evaluation. 2. County Road E a. Councilmember Anderson requested Council and Staff look at the new construc- tion of County Road E and report back. 3. Council/Staff Workshop a. Councilmember Anderson requested the Manager set up a date for Council/ Staff workshop and at a place within the City limits. 4." Committee Representation. a. No discussion. 5. Comments to the Council a. Acting Mayor Wasiluk wished to thank the Council and Staff for their cooperation during her term as a Councilmember. 6. Sidewalk Ordinance a. Councilmember Juker stated Maplewood has a sidewalk ordinance, but in her opinion, it is not enforceable. 7. Council Checks a. Councilmember Juker stated the amount of the checks show in the front window of the envelope. b. Staff will investigate. - 8. Hirshfield's Parking Lot a. Councilmember Juker stated that the Hirshfield's parking lot is plowed but remains very icy on the hills and should be sanded. b. Staff will investigate. L. ADMINISTRATIVE PRESENTATIONS. None. M. ADJOURNMENT 11:10 P.M. City Clerk - 17 - 12/28