HomeMy WebLinkAbout05.23.88 MINUTES OF MAPLE4700D CITY COUNCIL
7:00 P.M., Monday, May 23, 1988
Municipal Administration Building
Meeting 88 - 11
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 7:06 P.M., by Mayor Greavu.
i
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Absent
Frances L. Juker, Councilmember Present
George F. Rossbach, Councilmember Present
C. APPROVAL OF MINUTES
None.
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the Agenda as amended:
1. City Manager's Meeting
2. Meeting with Commissions and Council
3. Question regarding Highway 120 north of Larpenteur
4. Contractor's responsibilities
5. Group Home
Seconded by Councilmember Juker. Ayes - all.
E. CQNSENT AGENDA
Council removed Consent Item 10 to become Item I - 4 and Consent Item 2 to become
Item I - 5.
Mayor Greavu moved, seconded by Councilmember Rossbach, Ayes - all, to approve the
Consent Agenda, Item 1 and Item 3 through 9 as recommended:
1. Accounts Payable
Approved the accounts (Part I, Fees, Services, Expenses Check Register dated
April 30, 1988 - $86,579.14: Part II, Payroll dated 5-06-88, gross amount
$196,870.61.)
2. Financial Transfer to Close Project 86-07.
Discussed as Item - I-5.
3. Budget Changes - 1988 Labor Settlements
Approved that the following .transfers be made from (to) the Contingency
5/23
Accounts within the following funds:
$226,660 - General Fund
1,420 - Hydrant Charge Fund
11,610 - Sewer Fund
5 630) - V.E.M. Fund
$234,060
The decrease in the V.E.M. Fund costs is due to employee turnover.
Also, approved that corresponding increases in the appropriations within
each department be made. In addition, approved that the estimated revenues
and appropriations within the Payroll Benefit Fund be increased by $63,560
to finance the fringe benefit costs related to the labor settlements.
4. Budget Transfer: Community Development Recording Device
Authorized the transfer of $860.00 from the contingency account to the
Community Development Department to purchase a dictating/recording machine.
5. Conditional Use Permit Renewal: 1575 Beam Avenue (St. John's Hospital)
Approved renewal of the conditional use permit for St. John's Northeast
Community Hospital and related medical facilities for five years.
6. Conditional Use Permit Renewal: 2780 Highway 61 (Metro Auto)
Approved renewal of the conditional use permit for Metropolitan Imported
Autos, Inc., for an indefinite term.
7. Conditional Use Permit Renewal: Rolling Hills Seco-nd Addition.
Approved renewal of the conditional use permit for the Rolling Hills Second
Addition for one year.
8. Time Extension: Gonyea's Oak Heights (Phases 2 and 3)
Approved a one-year time extension for the unplatted portion of Gonyea's
Oak Heights preliminary plat, subject to the original conditions of approval
being amended as to include the following new language:
1. Final grading, utility, street, erosion control and drainage
plans be approved by the City Engineer.
2. Submittal of a signed developer's agreement, with the required
surety, to include, but not be limited to:
1 - 6 (Unchanged)..
7. Construction of afive-foot-wide concrete sidewalk on
the east side of Lakewood Drive from the north property
line, south to the trail to be constructed to Pleasant
View Park (Condition q.4).
- 2 - S/23
9. Authorization to Fill Vacancy: Motor Vehicle Clerk
Authorized the posting and hiring of a motor vehicle clerk to fill the
vacancy in the City Clerk's Office.
10. Authorization to Fill Vacancy: Part Time C.S.O.
Discussed as item I-4,
i F. PUBLIC HEARINGS
1. 7:00 P.M., Code Amendment: Setbach to Residential Zones (2nd Reading - 3 Votes)
~I
I a. Mayor Greavu convened the meeting for a public hearing regarding a code
amendment to each commercial and industrial district to allow a building
addition to encroach into a required setback by conditional use permit.
b. Manager Michael McGuire presented the Staff report.
c. Director of Community Development Geoff Olson presented the specifics
of the proposal.
d. Commissioner Dennis Larson presented the Planning Commission recommenda-
tion.
e. Mayor Greavu called for all those who wished to be heard for or against
the proposal. The following were heard.
Irving Dreher, 814 Mayhill Road
f. Mayor Greavu closed the public hearing.
g. Mayor Greavu introduced the following ordinance and moved its adoption:
ORDINANCE N0. 624
AN ORDINANCE AMENDING THE SETBACK REQUIREMENTS
FOR COMMERCIAL BUILDINGS
THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS:
Section 1. Section 36-153 (3) is amended to read as follows.. concerning
structures in BC, business commercial districts:
(3) Setback from property zoned residential: The building shall
have minimum side and rear yard setbacks of fifty (50) feet
and a minimum front yard setback of thirty (30) feet.
These minimum required setbacks shall be increased, not to
exceed seventy-five (75) feet, subject to the most restric-
tive of the following requirements:
(a) Building height: The building setbacks shall be increased
two (2) feet for each one foot the building exceeds twenty-
five (25) feet in height.
- 3 - 5/23
(b) Exterior wall area: Where an exterior wall faces a
residentially-zoned property, the wall setback shall be
increased five (5) feet for each one thousand (1,000)
square feet, or part thereof, in excess of two thousand
(2,000) square feet.
A building addition which would encroach into a required setback may
be approved by conditional use permit, if such encroachment would be
consistent with surrounding property setbacks and screened in a man-
ner acceptable to the Community Design Review board. At least 80~
of the addition shall be screened from abutting residential property.
Section 2. Section 36-140 (f) (1) is amended to read as follows concerning
structures in CO, commercial office districts:
(1) Adjacent to residentially-zoned property: A building shall-
have minimum side and rear yard setbacks of fifty (50) feet
and a minimum front yard setback of thirty (30) feet.
These minimum required setbacks shall be increased, not to
exceed seventy-five (75) feet subject to the most restrictive
of the following requirements:
a. Building height. The building setbacks shall be in-
creased two (2) feet for each one foot the building
exceeds twenty-five (25) feet in height.
b. Exterior wall area: Where an exterior wall faces a
residentially-zoned property, the wall setback shall
be increased five (5) feet for each one thousand (1,000)
square feet, or part thereof, in excess of two thousand
(2,000) square feet.
A building addition which would encroach into a required setback may
be approved by conditional use permit, if such encroachment would be
consistent with surrounding property setbacks and screened in a man-
ner acceptable to the Community Design Review Board. At least 80~ of
the addition shall be screened from abutting residential property.
Section 3. Section 36-155 (f) is amended to read as follows concerning
structures in BC (M), business commercial (modified) districts:
(f) Setback from property zoned residential: The building shall
have minimum side and rear yard setbacks of fifty (50) feet and a
minimum front yard setback of thirty (30) feet.
These minimum required setbacks shall be increased, not to exceed
seventy-five (75) feet, suBject to the most restrictive of the
following requirements:
(1) Building height: The building setbacks shall be increased two
(2) feet for each one foot the building exceeds twenty-five (25)
feet in height.
- 4 - 5/23
(2) Exterior wall area: Where an exterior wall faces a residentially-
zoned property, the wall setback shall be increased five (5) feet
for each one thousand (1,000) square feet, or part thereof, in ex-
cess of two thousand (2,000) square feet.
A building addition which would encroach into a required setback may
be approved by conditional use permit, if such encroachment would be
consistent with surrounding property setbacks and screened in a man-
ner acceptable to the Community Design Review Board. At least 80~
of the addition shall be screened from abutting residential property.
Section 4. Section 36-172 (6:c.) is amended to read as follows concerning
structures in SC, shopping center districts:
(c) Where adjacent to a property zoned residential, buildings shall
have minimum side and rear yard setbacks of fifty (50) feet and
a minimum front yard setback of thirty (30) feet.
These minimum required setbacks shall be increased, not to exceed
seventy-five (75) feet, subject to the most restrictive of the
following requirements:
(1) Building height: The building setbacks shall be increased
two (2) feet for each one foot the building exceeds twenty-
five (25) feet in height.
(2) Exterior wall area: Where an exterior wall faces a residentially-
zoned property, the wall setbacks shall be increased five (5) feet
for each one thousand (1,000) square feet, or part thereof, in ex-
cess of two thousand (2,000) square feet.
A building addition which would encroach into a required setback may
be approved by conditional use permit if such encroachment would be
consistent with surrounding property setbacks and screened in a man-
. ner acceptable to the Community Design Review Board. At least 80~
of the addition shall be screened from abutting residential property.
Section 5. Section 36-130 (d) is amended as follows:
(d) Building setbacks.
(1) The minimum building setback from a right-of-way shall be
thirty (30) feet and twenty (20) feet from side and rear
property lines.
(2) Where a setback is from residentially zoned property, the
minimum required setbacks shall be increased, not to ex-
ceed seventy-five (75) feet, subject. to the most restrictive
of the following requirements:
(a) Building height: The building setbacks shall be increased
two (2) feet for each one foot the building exceeds twenty-
five (25) feet in height.
- 5 - 5/23
(b) Exterior wall area: Where an exterior wall faces a
residentially zoned property, the wall setback shall
be increased five (5) feet for each one thousand (1,000)
square feet, or part thereof, in excess of two thousand
(2,000) square feet.
A building addition which would encroach into a required setback may
be approved by conditional use permit, if such encroachment would be
consistent with surrounding property setbacks and screened in a man-
ner acceptable to the Community Design Review Board. At least 80~
of the addition shall be screened from abutting residential property.
Section 6. Section 36-189 (M-l, light manufacturing district) is amended as
follows:
Sec. 36-189. Setbacks adjacent to residentially-zoned property.
The minimum side and rear yard setbacks shall be fifty (50) feet and the
minimum front yard setback shall be thirty (30) feet.
These minimum required setbacks shall be increased, not to exceed seventy-
five (75) feet, subject to the most restrictive of the following requirements:
(1) Building height. The building setbacks shall be increased :.two (2)
feet for each one foot the building exceeds twenty-five (25) feet
in height.
(2) Exterior wall area. Where an exterior wall faces a residentially-
- zoned property, the wall setback shall be increased five (5) feet
for each one thousand (1,000) square feet, or part thereof, in ex-
cess of two thousand (2,000) square feet.
A building addition which would encroach into a required setback may
be approved by conditional use permit, if such encroachment would be
consistent with surrounding property setbacks and screened in a man-
ner acceptable to the Community Design Review Board. At least 80~
of the addition shall be screened from abutting residential property.
Section 7. Section 36-204 (M-2, heavy manufacturing district) is amended
as follows:
Sec. 36-204. Setbacks adjacent to residentially-zoned property.
The minimum side and rear yard setbacks shall be fifty (50) feet and the
minimum front yard setback shall be thirty (30) feet.
These minimum required setbacks shall be increased, not to exceed seventy-
, five (75) feet, subject to the most restrictive of the following require-
ments:
(1) Building height: The building setbacks shall be increased
two (2) feet for each one foot the building exceeds twenty-
five (25) feet in height. _
- 6 - 5/23
(2) Exterior wall area: Where an exterior wall faces a residentially-
zoned property, the wall setback shall be increased five (5) feet
for each one thousand (1,000) square feet, or part thereof, in ex-
cess of two thousand (2,000) square feet.
A building addition which would encroach into a required setback may
be approved by conditional use permit, if such encroachment would be
consistent with surrounding property setbacks and screened in a man-
ner acceptable to the Community Design Review Board. At least 80~ of
the addition shall be screened from abutting residential property.
Section 8. Section 36-154 (6) is amended as follows:
(b) Setback from property zoned residential. The building shall
have side and rear yard setbacks of twenty (20) feet and a
minimum front yard setback of thirty (30) feet.
These minimum required setbacks shall be increased, not to ex-
ceed seventy-five (75)feet, subject to the most restrictive of
the following requirements:
(1) Building height: The building setbacks shall be increased
two (2) feet for each one foot the building exceeds twenty-
, five (25) feet in height.
(2) Exterior wall area; Where an exterior wall faces a residen-
tially zoned property, the wall setback shall be increased
five (5) feet for each one thousand (1,000) square feet, or
part thereof, in excess of two thousand (2,000) square feet.
A building addition which would encroach into a required setback may
be approved by conditional use permit if such encroachment would be
consistent with surrounding property setbacks and screened in a man-
ner acceptable to the Community Design Review Board. At least 80% of
the addition shall be screened from abutting residential property.
Section 9. This ordinance shall take effect upon its passage and publication.
Seconded by Councilmember Juker. Ayes - all.
2. 7:10 P.M., 831 North Century (Dege Garden Center)
a. Plan Amendment (4 Votes)
b. Rezoning (4 Votes)
c. Conditional Use Permit Renewal and Revision
d. Reduction in Parking
e. Variance
1. Mayor Greavu convened the public hearing regarding a plan amendment
from RL, residential low density to SC, service commercial for the exist-
ing commercial uses on Century Avenue, south of Seventh Street; a rezoning
from R-1, single dwelling to BC, business commercial for the outdoor sales
- 7 - 5/23
area at the Dege Garden Center; a renewal and revision of the con-
ditional use permit for the parking lot to include the garage and
delete the outdoor sales area; a variance of 22 1/4 feet to keep
an overhead canopy 27 3/4 feet from the south property line; and
an authorization for 31 parking spaces.
2. Manager McGuire presented the Staff report.
3. Director of Community Development Olson presented the specifics
of the proposal.
4. Commissioner Dennis Larson presented the Planning-Commission recom-
mendation.
5. Mayor Greavu called for persons who wished to be heard for or against
the proposal. The following were heard:
Irving Dreher - 814 Mayhill Road, read a letter from William H.
Cushman, M.A.I.
Don Gschlecht - 825 Mayhill Road
Pat Werden - 805 No. Century, presented a petition sign by area
residents
Carl Norberg, Attorney representing area residents
Lois Gschlecht, 825 Mayhill Road
Letter from Duane Golaski, 804 Mayhill Road, read by son, Jeffrey
Golaski
John Daubney, Attorney representing George Dege
Marion Satek, 2725 E. Seventh Street
John Strauch, 2707 E. Seventh Street read a letter from Ron & Marlys
Trowbridge
Dennis Cronk, 2695 E. Seventh Street
Tom McDonough, 833 Mayhill Road
Margaret Capocaso, 797 and 803 Mayhill Road
6. Mayor Greavu closed the public hearing.
7. Councilmember Anderson introduced the following resolution and moved
its adoption•
88-5- 74
WHEREAS, the City Council initiated an amendment to the Maplewood
Comprehensive Plan from RL, residential low density to SC, service
commercial for the following described property:
Lot 1 - 4, Block 1, Cahanes Acres
This property is more commonly described as the southwest corner
of Century Avenue and Seventh Street.
WHEREAS, the procedural history of this plan amendment is as
follows:
1. The Maplewood Planning commission held a public hearing on
April 4, 1988, to consider this plan amendment. Notice
thereof was published and mailed pursuant to law. All
persons present at said hearing were given an opportunity
- 8 - 5/23
to be heard and present written statement. The Planning commission recommended to
the City Council that said plan amendment be approved.
2. The Maplewood City Council considered said plan amendment on May 23, 1988.
The Council considered reports and recommendations from the Planning
Commission and City Staff.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL
that the above-described plan amendment be approved on the basis of the following fmdings
of fact:
L This corner has been zoned and used for commercial use since the 1960's.
2. There was an oversight in designating this site for low density residential use when
the plan was adopted in 1973.
Seconded by Mayor Greavu. Ayes -all.
_ 8. Councilmember Anderson moved to approve the plan amendment for the outdoor sales
area.
Seconded by Mayor Greavu. Ayes -Mayor Greavu, Councilmembers
Anderson and Juker
Nay -Councilmember Rossbach
Motion failed.
9. Councilmember Juker moved to reconsider reopening the public hearing_
Seconded by Councilmember Anderson. Ayes -all.
10. Mayor Greavu moved to close the public hearing,
Seconded by Councilmember Anderson. Ayes -all.
Councilmember Juker moved aten-minute recess at 9:35 P.M.
Seconded by Councilmember Anderson. Ayes -all.
Mayor Greavu reconvened the meeting at 9:53 P.M.
11. Councihnember Rossbach moved renewal of the conditional use permit for the parking
lot in its original status deleting all references to the garage and the outdoor sales area
Motion died for lack of a second.
12. With the intention of reconsidering the rezoning and the necessary acts to save the sales
area and pending a favorable vote on Item No. 3, Councilmember Rossbach moved to
reconsider and therefore moved that the existing conditional use permit be renewed for the
parkine area delering all references to the garage and the outdoor sales area
Motion died for lack of a second.
- 9 - 5/23
13. Councilmember Anderson moved to table the renewal of the conditional use permit and
refer same to Attorney for clarification until the June 1, 1988, Meeting
Seconded by Mayor Greavu. Ayes -Mayor Greavu, Councilmembers
Anderson and Juker.
Nay -Councilmember Rossbach.
3. 7:20 P.M, Holloway: Beebe to Furness, Project 87-14
a. Mayor Greavu convened the meeting for a public hearing regarding the proposal to construct
street, water main, storm sewer and sanitary sewer on Holloway Avenue between Beebe Road
and Furness Street and to reconstruct Holloway Avenue, including utilities, from Furness Street
to McKnight Road.
b. Manager McGuire presented the Staff report.
c. Director of Public Works Ken Haider presented the specifics of the proposal.
d. Commissioner Dennis Larson 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:
Bill Hahn, 2234 E. Holloway, presented a petition signed by area residents.
Larry Westbrock, 1900 Furness Street
Steve Kayser, 18520 23`d Avenue North, Plymouth
Kathy Sagissey, 2251 E. Holloway Avenue
Barbara Hahn, 2234 E. Holloway Avenue
Nick Hahn, 2234 E. Holloway
Lynda Ahlgren, 1906 Howard Street
£ Mayor Greavu closed the public hearing.
g. Mayor Greavu moved to den~he ~roiect.
Seconded by Councilmember Juker. Ayes -all.
h. Bob Engwer of North St. Paul, the developer, spoke.
i. Mayor Greavu moved to initiate a vacafion of a portion of Holloway Avenue.
Seconded by Councilmember Rossbach. Ayes -all.
4. 7:30 P.M., Gonyea's Oak Heights Fourth Addition
a. Street Vacation
b. Preliminary Plat
- 10 - 5/23
1. Mayor Greavu convened the meeting for a public hearing to approve
a preliminary plat to create eight single-dwelling properties and to
vacate the Lakewood Drive right-of-way.
2, Manager McGuire presented the Staff report.
3. Director of Community Development Olson explained the specifics of
the proposal.
4. Mayor Greavu called for persons who wished to be heard for or against
the proposal. The following were heard:
Gene Husnick, 2374 Highwood
Scott Peterson, 1014 Crestview Drive
5. Mayor Greavu closed the public hearing.
6. Mayor Greavu introduced the following resolution and moved its adoption:
gg_5_ 75
WHEREAS, Dennis D, Gonyea initiated proceedings to vacate the
public interest in the Lakewood Drive right-of-way, from the south
line o£ Highwood Avenue south to the westerly extension of a line
fifteen feet south of and parallel with the north line of Lot Five,
Block Seven, Pleasantview Park No. 2.
WHEREAS, the procedural history of this vacation is as follows:
1. A majority of the owners of property abutting said street
right-of-way have signed a petition for•this vacation;
2. This vacation was reviewed by the Planning Commission on
May 16, 1988. The Planning Commission recommended to the
City Council that this vacation be approved.
3. The City Council held a public hearing on May 23, 1988, to
consider this vacation. Notice thereof was published and
mailed pursuant to law. All persons present at this hearing
were given an opportunity to be heard and present written state-
ments. The Council also considered reports and recommendations
of the City Staff and Planning Commission.
WHEREAS, upon vacation of the above-described street vacation, public
interest in the property will accrue to the following-described abutting
properties:
1. The south 327 feet of Lot One, Highwood Heights.
2. Lots 1 - 5, Block 7, Pleasantview Park No. 2
3. Except the west 175 feet, the north 295 feet of the part of
Lot One, lying east of a line running from the southwest
corner of the E 1/2 of Lot 6 to a point on the north line
of and twenty feet east from the NW corner of said Lot One,
Highwood Heights.
- 11 - 5/23
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that
it is in the public interest to grant the above-described vacation
on the basis that:
A new alignment for Lakewood Drive will be platted in Gonyea's
Oak Heights Fourth Addition, which will increase the setback to
the garage at 2374 Highwood Avenue to the meet minimum require-
~ ment and align with the Lakewood Drive right-of-way approved in
Gonyea's Oak Heights Third Addition.
I
Seconded by Councilmember Anderson. Ayes - all.
7. Mayor Greavu moved approval of GonVea's Oak-Heights Fourth Addi-
tion preliminary Plat subject to the following conditions being
satisfied before final plat approval:
` a. Lakewood Drive right-of-way shall line up with the Lakewood
Drive right-of-way in Gonyea's Oak Heights Ehird Addition.
All adjoining lots shall meet or exceed minimum dimension
requirements. The curve(s) shall conform with design require-
ments for collector streets.
b. Final grading, utility, drainage, erosion control and street
plans .must be approved by the City Engineer. These plans
shall include, but not be limited to:
1. A 36-foot-wide street with a four-foot-wide bike lane
striped on each side.
2. Afive-foot-wide concrete sidewalk on the east side of
Lakewood Drive.
3. The grading plan shall include a proposed building pad
elevation and contour information for each homesite, as
well as the areas to be disturbed for street construction.
Housing styles shall be illustrated which minimize grading
on sites that contain desirable mature trees to be pre-
served. Deviation from this approved grading plan for each
lot may be permitted by the City Engineer, provided the in-
tent of the overall grading plan is complied with.
4. Permission to grade on the property to the south of Lot 5,
Block 2, shall be submitted to the City Engineer or the
grading plan shall be revised to omit off-site grading.
i
5. The sanitary sewer shall be designed to be as deep as
possible to serve as many lots as possible along Lakewood
Drive, south of Highwood Avenue.
6. All trees to be preserved shall be shown on the approved
grading plan and identified on the site.
c. Submittal of a signed developer's agreement, with surety, to
include, but not to be limited to, the following requirements:
1. Construction of a storm sewer system within this plat and
- I2 - 5/23
down stream to the outlot into St. Paul. The rate
of discharge to St. Paul shall be limited to 20 c.f.s.
or approved by the City Engineer.
2. Construction of a storm sewer between the two drainage
ponds to the southwest of the site, along McKnight Road,
and improvement of the capacity of these ponds as required
by the City Engineer. The ground surface along the ridge
shall be restored as near as practical to its preconstruction
appearance, as viewed from the south. Deciduous trees shall
be re lanted as necessar
p y, along the south face and top of
the ridge to significantly soften the appearance of a con-
; struction corridor. If the north pond is required to be dug
out, coniferous trees shall be planted, as necessary, along
the east slope to McKnight Road, to screen view of the
ponding area from McKnight Road.
A tree replanting plan specifying the size, type and loca-
tion of all trees to be replanted shall be approved by the
City. A surety shall be included in the developer's agree-
ment to guarantee this plan will be implemented.
3. Any required on-site tree replanting.
4. Construction of a sidewalk along the east side of Lakewood
Drive.
5. Relocation of the garage that is located on proposed Lot
Two, block One, to be at least five feet north of the south
line of Lot 1, Block 1. If the property owner does not wish
to remove or relocate this garage, proposed Lots One and Two,
Block One, must remain as one property, until such time as a
lot division is approved.
6. The driveway from Highwood Avenue to 2374 Highwood Avenue
shall be relocated to Lakewood Drive. It shall be at least
thirty feet south of the intersection.
d. A recordable deed restriction shall be submitted to the City to
prohibit a driveway access from Highwood Avenue for Lot One, Blocks
One and Two.
Seconded by Councilmember Anderson. Ayes - all.
5. 7:40 P.M., Beaver Creek Apartments Financing
a. Mayor Greavu convened the public hearing regarding an extension of the
disbursement date in connection with a multifamily rental housing development
and preliminarily approving the issuance of refunding bonds.
b. Manager McGuire presented the Staff report.
c. Drew Kinsinger, Briggs and Morgan, 2200 First National Bank of St. Paul,
Bond Counsel, spoke on behalf of the proposal.
- 13 - 5/23
d. Mayor Greavu called for persons who wished to be heard for or against
the proposal. None were heard.
e. Mayor Greavu closed the public hearing.
f. Mayor Greavu introduced the following resolution and moved its adoption•
gg_5_ 76
RESOLUTION GRANTING AN EXTENSION
REGARDING THE DISBURSEMENT DATE
IN CONNECTION WITH
A MULTIFAMILY RENTAL HOUSING DEVELOPMENT
AND PRELIMINARILY APPROVING THE ISSUANCE
OF REFUNDING BONDS
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'Sa,in connection with which the
City entered into an Indenture of Trust (the "Indenture")dated as of Decem-
ber 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 extension will not adversely affect the tax-exempt status of the Bonds;
(d) The City Council previously extended the Disbursement Date from De-
cember 1, 1986, to June 1, 1987, from June 1, 1987 to December 1, 1987 and
from December 1, 1987 to June 1, 1988;
(e) The Borrower has requested, pursuant to a Request for Extension
attached as Exhibit A hereto, that the Disbursement Date tie extended by the
City, as Issuer of the Bonds, from June 1, 1988 to September 1, 1988;
(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 of the Disbursement Date will not, by itself,
adversely affect the tax-exempt status of the bonds;
(g) In order to convert interest on the Bonds from a Floating Rate to
a Fixed Rate pursuant to Section 2-16(5) of the Indenture, to remarket the
bonds on the Initial Conversion Date and to obtain the Disbursement Date,
the Borrower has determiend that it is necessary to refund in part the Bonds,
- 14 - 5/23
rather than remarket the Bonds, through the proposed issuance by the Gity
of approximately $5,800,000 Multifamily Mortgage Revenue Refunding Bonds
(Beaver Creek Apartments Project - FHA Insured Mortgage Loan) Series 1988
(the "1988 Bonds"), the proceeds of which 1988 Bonds would be used by the
Company to refund and redeem a like principal amount of the bonds. The
proceeds of the Bonds currently escrowed with the Trustee pursuant to the
Indenture would be (i) transferred in an amount equal to the principal
amount of the 1988 Bonds to a Construction Fund to be established in con-
. nection with the 1988 Bonds and loaned to the Company for construction of
the Project and (ii) used in remaining part to redeem the principal amount
of the Bonds in excess of the principal amount of the 1988 Bonds; and
(h) A public hearing on the proposed issuance of refunding bonds for
the Project was held on May 23, 1988, after notice was published, all as
required by federal law, at which public hearing all those appearing at
said hearing who desired to speak were heard and written comments, if any,
were considered.
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 June 1, 1988,
to no later than September 1, 1988.
2. The City hereby preliminarily approves the issuance and sale of re-
funding bonds, and authorizes and directs its staff to take all actions neces-
sary or desirable in connection with the issuance of such refunding bonds,
subject to final approval by the City as to the financing documents necessary
for such a refunding and as to other final details of the financing with such
refunding bonds.
3. The refunding bonds, if issued, shall be special, limited obligations
of the City and shall not constitute a charge, lien or encumbrance, legal or
equitable, upon any property or funds of the City except the Project and the
revenues pledged therefrom, and the refunding bonds shall recite in substance
that the refunding bonds, including interest and premium, if any, thereon, are
payable solely from the revenues received from the Project and property pledged
to the payment thereof, and shall not constitute a debt of the City.
4. The Company will pay all expenses incurred by the City in connection
with the issuance of the refunding bonds, all to be provided for and agreed
to in a Loan Agreement pertaining to the refunding bonds to be entered into
between the City and the Company.
Seconded by Councilmember Anderson. Ayes - all.
6. 7:50 P.M., Code Amendment: Design Review for Dwellings on Small Single-
Dwelling Lots (2nd Reading)
a. Mayor Greavu convened the meeting for a public hearing regarding the
proposal to allow Staff, rather than Design Review Board, to approve single
dwellings on lots between 7,500 and 9,999 square feet.
- 15 - 5/23
b. Manager McGuire presented the Staff report.
c. Mayor Greavu called for persons who wished to be heard for or against
the proposal. None were heard.
d. Councilmember Anderson introduced the following Ordinance and moved its
adoption:
ORDINANCE N0. 625
AN ORDINANCE REQUIRING STAFF APPROVAL
FOR SMALL-LOT SINGLE DWELLINGS
THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS:
Section 1. Section 25-67 is amended as follows:
Sec. 25-67. Homes on smaller lots: determination of similar exterior design
and appearance
(a) The Director of Community Development shall have the power to
determine whether or not single-family dwellings on lots containing
between seven thousand five hundred (7,500) square feet and nine
thousand nine hundred and ninety nine (9,999) square feet in R-2
zones lots are similar in exterior design and appearance.
Appeals of the Director's decision shall be made to the Community
Design Review Board.
(b) Dwellings on lots with less than 10,000 square feet in R-2
zones, having a similar exterior design and appearance, shall be
located at least five hundred (500) feet from each other.
(c) Dwellings shall be considered .similar in exterior design and
appearance if they have one or more of the following characteristics:
(1) The same basic dimensions and floor plans are used without
substantial differentiation of one or more exterior eleva-
tions.
(2) The same basic dimensions and floor plans are used without
substantial change in orientation of the houses on the lots.
(3) The appearance and arrangement of the windows and other
openings in the front elevation, including the appearance
and arrangement of the porch or garage, are not substantially
different from adjoining dwellings.
~ (4) The type and kind of materials used in the front elevation
is substantially the same in design and appearance as ad-
joining dwellings. (Ord. No. 473, §l, 9-20-79; Ord. N0. 475,
§ 1, 10-4-79)
Section 2. This ordinance shall take effect upon its passage and publi-
cation.
Seconded by ~°ouncilmember Rossbach. Ayes - all.
- 16 - 5/23
G. AWARD OF BIDS
None.
H. UNFINISHED BUSINESS
1. Code Amendment - Residential Uses and Home Occupations (4 Votes - 2nd Reading)
a. Councilmember Juker moved the home occupation license code amendment.
Seconded by Councilmember Anderson.
h. Councilmember Juker withdrew her motion.
c. Councilmember Juker moved to table the Code amendment to the meeting of
June 1,1988.
Seconded by Councilmember Anderson. Ayes - all.
2. Ski Jump Property Storm Water Pond; Project 87-21
a. Manager McGuire presented the Staff report.
b. Mayor Greavu moved to table this proposal until the meeting of June 13 1988.
.Seconded by Councilmember Juker. Ayes - all.
3. Cope Avenue - Order Public Hearing
a. Manager McGuire presented the Staff report.
b. Director of Public Wroks Ken Haider presented the specifics of the
proposal.
c. Mayor Greavu called for persons who wished to be heard for or against
the proposal. None were heard.
d. Mayor Greavu introduced the following resolution and moved its adoption:
88-5- 77
WHEREAS, the City Engineer for the City of Maplewood has been authorized
and directed to prepare a report with reference to the improvement of Cope
Avenue from Craig Street to Ariel Street (City Project 85-26) by construction
of sanitary sewer, water main, street and storm sewer improvements, and
WHEREAS, the said City Engineer has prepared the aforesaid report for
the improvement herein described:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
1. The report of the City Engineer advising this Council that the
proposed improvement on Cope Avenue from Craig Street to Ariel
Street by construction of sanitary sewer, water main, street
and storm sewer improvements is feasible and should best be
made as proposed, is hereby received.
- 17 - 5/23
2. The Council will consider the aforesaid improvement in accor-
_ dance with the reports and the assessment of benefited property
for all or a portion of the cost of the improvement according
to MSA Chapter 429, at an estimated total cost of the improve-
ment of $441,700.
3. A public hearing will be held in the Council Chambers of the
City Hall at 1830 East County Road B on Monday, the 27th day
of June, 1988, at 7:00 P.M. to consider said improvement. The
City Clerk shall give mailed and published notice of said hear-
ing and improvement as required by law.
Seconded by Councilmember Juker. Ayes - all.
4. Gervais Lake High Speed Code Amendment (2nd Reading)
a. Manager McGuire presented the Staff report.
b. Mayor Greavu introduced the following Ordinance and moved its adoption:
ORDINANCE N0. 626
AN ORDINANCE REGULATING THE SPEED OF WATERCRAFT ON
LAKE GERVAIS WITHIN THE CITY OF MAPLEWOOD
THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS:
Section 1. Section 21-96 is amended as follows:
Sec. 21-96. Definitions.
For the purposes of this division, the following words, terms and
phrases shall have the following meanings respectively ascribed to
them by this section:
Channel: The word "channel" means any waterway or canal between
lakes and includes any so-called lagoon or pond within such waterway.
Gervais Lake: A body of water given that name and assigned the lake
number 62-7 by the Department of Natural Resources.
Motorboat: The word "motorboat" includes every vessel propelled by
machinery.
Slow-No Wake: Operation of a watercraft at the slowest possible
speed necessary to maintain steerage and in no case greater than 5
mph.
Section 2. Section 21-97 is amended by adding sub-sections (f) and (g):
(f) High Water Speed Limitations. During period of high water,
defined as 860.9 feet or greater above mean sea level on Lake
Gervais, the Director of Public Safety may, at his discretion and
upon notification of the Ramsey County Sheriff, impose a slow-no
wake speed on such areas of the lake as may be necessary.
Such restrictions shall become effective upon publication in a local
newspaper as a news item on a specified date. Such restrictions shall
- 18 - 5/23
be enforced by local and county licensed police officers. All
public water accesses and private launch ramps shall be posted
prior to and during the time the restrictions are in place. In
addition, notice of said restrictions shall be posted at the
Maplewood City Hall. Said restrictions shall be promptly removed
when high water levels have subsided.
(g) Exemptions. Authorized resource management, emergency and
enforcement personnel, when acting in the performance of their
duties, shall be exempt from the restrictions of this section.
Section 3. This ordinance shall take effect and be in force after approval
by the Commiss~toner of Natural Resources and after its passage and publication.
Seconded by Councilmember Juker. Ayes - all.
5. Discussion - Emergency Services
a. Tabled to June 1, 1988 Meeting.
6. Lions and Lioness Gambling
a. Manager McGuire stated that the North Maplewood Lions and Lionesses are
requesting permission from the City Council to operate pull tabs, in Maplewood,
on an off-site basis.
b. Mr. Dennis Damico, 1510 Conway Street, Chairman of the North Maplewood
Lion's Gambling Committee spoke.
c. Mr. Joseph Zappa, 2522 Flandrau Street, President of the North Maplewood
Lions explained the proposal.
d. Mr. Greg Laska, 2273 Phyllis Court, stated his opinion.
e. City Attorney John Bannigan explained the specifics involved and proposed
an ordinance be drawn up.
f. Councilmember Juker moved that the City Attorney Prepare an ordinance
allowing gambling (pull-tabs) off site.
Seconded by Councilmember Anderson. Ayes - all.
7. Ariel, Cope to Castle: Order Feasibility Study
a. Manager McGuire stated that Hillcrest Development has requested the City to
investigate construction of Ariel Street from Cope Avenue to Castle Avenue.
b. Mayor Greavu called for persons who wished to be heard for or against the
proposal. The following were heard:
Gary Tankenhoff, Hillcrest Development
c. Councilmember Anderson moved to order a feasibility study to investigate
the options of constructing Ariel Street from Cope Avenue to Castle Avenue.
Seconded by Mayor Greavu. Ayes - all.
- 19 - 5/23
Councilmember Anderson moved, seconded by Mayor Greavu Ayes - all to extend the
meeting until 11:30 or until finished.
8. Presentation of Feasibility Report and Request for Public Hearing - City
Project 87-20
a. Manager McGuire presented the Staff report.
b. Director of Public Works Haider presented the specifics of the proposal.
c. Mayor Greavu called for persons who wished to be heard for or against
the proposal. The Following were heard:
Herbert Wagenknecht, 2643 Stillwater Road
Josephine Meyer, 1180 Ferndale Street
Dale Crosby, 2636 Maryland Avenue
` Tracey Roy, 1112 Ferndale Street
Susan Krueger, 2643 Stillwater Road
Mary Roy, 1112 Ferndale Street
Don Falzone, 1184 Ferndale Street
d. Mayor Greavu closed the public hearing.
e. Councilmember Anderson introduced the following resolution and moved its
adoption•
88-5-78
WHEREAS, after due notice of public hearing on the construction of
storm sewer and related drainage improvements for the area roughly bounded
by Maryland Avenue, Century Avenue, Stillwater Avenue and Ferndale Street,
City Project 87-20, a hearing on said improvement in accordance with the
notice duly given was duly held on April 11, 1988, and the Council has
heard all persons desiring to be heard on the matter and has fully con-
sidered the same;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
1. That it is advisable, expedient and necessary that the City
of Maplewood construct storm sewer and related drainage im-
provements for the area roughly bounded by Maryland Avenue,
Century Avenue, Stillwater Avenue and Ferndale Street, City
Project 87-20, as described in the notice of hearing thereof,
and orders the same to be made.
2. The City Engineer is designated Engineer for this improvement
and is hereby directed to prepare final plans and specifica-
tions for the making of said improvement.
Seconded by Councilmember Rossbach. Ayes - all.
- 20 - 5/23
9. Meyer Street Watermain, Project 87-13 - Approve Plans
a. Manager McGuire presented the Staff report.
b. Mayor Greavu introduced the following resolution and moved its adoption:
88- 5 - 79
WHEREAS, pursuant to resolution passed by the City Council on April 25,
I~~ 1988, plans and specifications for Meyer Street water main, Project 87-13,
have been prepared by the City Engineer, who has presented such plans and
specifications to the Council for approval,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1. Such plans and specifications, a copy of which are attached
hereto and made a part hereof, are hereby approved and ordered
placed on file in the office of the City Clerk.
2. The City Clerk shall prepare and cause to be inserted in the
official paper and in the Construction Bulletin an advertise-
ment for bids upon the making of such improvement under such
approved plans and specifications. The advertisement shall be
published twice, at least ten days before the date set for bid
opening, shall specify the work to be done, shall state that
bids will be publicly opened and considered by the Council at
9:00 a.m., on the 17th day of June, 1988, at the City Hall and
that no bids shall be considered unless sealed and filed with
the Clerk and accompanied by a certified check or bid bond,
payable to the City of Maplewood, Minnesota, for five percent
of the amount of such bid.
3. The City Clerk and City Engineer. are hereby authorized and in-
structed to receive, open, and read aloud bids received at the
time and place herein noted, and to tabulate the bids received.
The Council will consider the bids, and the award of a contract,
at the regular City Council Meeting of June 27, 1988.
Seconded by Councilmember Anderson. Ayes - all.
10. Boxwood Improvements, Project 87-19 - Approve Plans.
a. Manager McGuire presented the Staff report.
b. Mayor Greavu introduced the following resolution and moved its adoption:
88-5- 80
WHEREAS, pursuant to resolution passed by the City Council on April 11,
1988, plans and specifications for Boxwood Avenue, McKnight to Dorland,
Project 87-19, have been prepared under the direction of the Gity Engineer,
who has presented such plans and specifications to the Council for approval,
- 21 - 5/23
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1. Such plans and specifications, a copy of which are attached
hereto and made a part hereof, are hereby approved and ordered
placed on file in the office of the City Clerk.
2. The City Clerk shall prepare and cause to be inserted in the
official paper and in the Construction Bulletin an advertise-
. ment for bids upon the making of such improvement under such
approved plans and specifications. The advertisement shall be
published twice, at least ten days before the date set for bid
opening, shall specify the work to be done, shall state that
bids will be publicly opened and considered by the Council at
9:00 a.m., on the 17th day of June, 1988, at the City Hall and
that no bids shall be considered unless sealed and filed with
the Clerk and accompanied by a certified check or bid bond,
payable to the City of Maplewood, Minnesota, for five percent
of the amount of such bid.
3. The City Clerk and City Engineer are hereby authorized and
instructed to receive, open, and read aloud bids received at
the time and place herein noted, and to tabulate the bids
received. The Council will consider the bids, and the award
of a contract, at the regular City Council Meeting of June
27, 1988.
11. Highway 61 Water Main, Project 87-44 - Approve Plans
a. Manager McGuire presented the Staff report.
b. Councilmember Juker introduced the following resolution and moved its
adoption•
88-5- 81
WHEREAS, pursuant to resolution passed by the City Council on
April 25, 1988, plans and specifications for Highway 61 water main,
Project 87-44, have been prepared under the direction of the City
Engineer, who has presented such plans and specifications to the
Council for approval,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD:
1. Such plans and specifications, a copy of which are attached
hereto and made a part hereof, are hereby approved and ordered
placed on file in the office of the City Clerk.
2. The City Clerk shall prepare and cause to be inserted in the
official paper and in the Construction Bulletin an advertise-
ment for bids upon the making of such improvement under such
approved plans and specifications. The advertisement shall be
- 22 - 5/23
published twice, at least ten days before the date set for
bid opening, shall specify the work to be done, shall state
that bids will be publicly opened and considered by the
Council at 9:00 a.m., on the 17th day of June, 1988, at the
City Hall and that no bids shall be considered unless sealed
and filed with the Clerk and accompanied by a certified check
or bid bond, payable to the City of Maplewood, Minnesota, for
five percent of the amount of such bid.
3. The City Glerk and City Engineer are hereby authorized and
instructed to receive, open, and read aloud bids received at
the time and place herein noted, and to tabulate the bids
received. The Council will consider the bids, and the award
of a contract, at the regular City Council Meeting of June 27,
1988.
Seconded by Councilmember Anderson. Ayes - all.
12. Change Order No. 4, Project 86-22 - Modify Existing Contract
a. Manager McGuire presented the Staff report.
b. Councilmember Anderson introduced the following resolution and moved its
adoption•
88-5- 82
WHEREAS, the City Council of Maplewood, Minnesota, has heretofore
ordered made Improvement Project 86-22 Change Order Four and has let a
construction contract pursuant to Minnesota Statutes,- Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be
modified and designated as Improvement Project 86-22 Change Order Four.
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 Four.
Seconded by Councilmember Juker. Ayes - all.
13. Water Service District 8 Improvements, Project 86-15 - Modify Existing
Contract by Change Order No. One.
a. Manager McGuire presented the Staff report.
b. Councilmember Rossbach introduced .the following resolution and moved
its adoption:
88-5- 83
WHEREAS, the City Council of Maplewood, Minnesota, has heretofore
ordered made Improvement Project 86-15 and has let a construction contract
pursuant to Minnesota Statutes, Chapter 429, and
- 23 - 5/23
WHEREAS, it is now necessary and expedient that said contract be
modified and designated as Improvement Project 86-15 Change Order 1.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the Mayor and City Clerk are hereby authorized and
directed to modify the existing contract by executing said Change
Order 1.
Seconded by Councilmember Juker. Ayes - all.
14. Manager's Salary
a. Mayor Greavu moved to increase the City Manager's salary to $62,401.30,
that his deferred compensation be increased $50.00/month and that his car
allowance be increased to $350.00/month, all effective as of May_~1988.
Also, that a budget transfer be made to cover these. increases.
Seconded by Councilmember Anderson. Ayes - all.
I. NEW BUSINESS
1. Dental Insurance
a. Manager McGuire stated that Sergeant Joseph Zappa has requested that
he be allowed to continue his group dental insurance when he retires with the
understanding that he would pay the full cost.
b. Finance Director Dan Faust presented the specifics of the proposal.
c. Mayor Greavu moved that retirees be allowed to continue dental insurance
upon their retirement.
Seconded by Councilmember Juker. Ayes - all.
2. Code Amendment - Shoreland Overlay District (1st Reading)
a. Manager McGuire presented the Staff report.
b. Director of Community Development Geoff Olson presented the specifics of
the proposal.
c. Councilmember Juker moved first reading of an ordinance to exempt nonwater-
frontage developments that would not be visible from the lake from the height and
density limitations.
Seconded by Councilmember Rossbach. Ayes - all.
3. Steve Kayser - Request
a. Mr. Steve Kayser, 18520 23rd Avenue North, Plymouth, Minnesota, 55447,
requested that the City make an official determination as to which land
owners are subject to storm water assessments.
b. Referred to Staff.
- 24 - 5/23
_
4, Financial Transfer to Close Project 86-07
a. Manager McGuire stated that Project 86-07, Upper Afton Road, McKnight
to Century, has a cash deficit which needs to be financed by a financial
transfer from the General Fund in order to close the project.
b. No action taken.
5. Authorization to Fill Vacancy: Part Eime CSO
a. Manager McGuire presented the Staff report.
b. Councilmember Anderson moved approval to hire two part-time Community
Service Officer/Paramedics.
Seconded by Councilmember Juker. Ayes - all.
J. VISITOR PRESENTATIONS
1. Proposed Group Home - 2281 Phyllis Court.
a. Mr. Leland E. Hix, 2297 Phyllis Court, stated that a Group Home has
been proposed to be located at 2281 Phyllis Court. Mr. Hix presented a
petition signed by area residents protesting the proposed Group Home.
b. City Attorney and Staff will investigate.
K. COUNCIL PRESENTATIONS
1. City Manager's Meeting
Not discussed.
2. Meeting with Commissions and Council
Not discussed.
3. Question regarding Highway 120, North of Larpenteur
a. Councilmember Anderson questioned a hump on Highway 120, north of
Larpenteur.
b. Staff will investigate.
4. Contractor's Responsibilities
Not discussed.
5. Group Home
Previously discussed under J-l.
'ADJOURNMENT
12:25 A.M.
City Clerk
- 25 - 5/23