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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