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HomeMy WebLinkAbout11.14.88 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, November 14, 1988 Council Chambers, Municipal Building Meeting 88 - 27 A. CALL TO ORDER A regular meeting of the City Council was held in the Council Chambers, Municipal Building, and was called to order by Mayor Greavu at 7:02 P.M. B. ROLL CALL ~I John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Absent Gary W. Bastian, Councilmember Bastian arrived at 7:15 P.M. Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes of Meeting No. 88-23 (October 3, 1988) Councilmember Juker moved to approve the Minutes of Meeting No. 88-23 (October 3, 1988) as submitted. Seconded by Mayor Greavu. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. N.E.S.T. 2. School Board 3. Flashing Signs 4. I-14, Payrate for CSO 5. I-15, Future Meeting Dates Seconded by Councilmember Juker. Ayes - all. E. CONSENT AGENDA Councilmember Rossbach moved, seconded by Councilmember Juker, Ayes - all, to approve the Consent Agenda Items E-1 through E-11 as recommended. 1. Approval of Claims Approved payment of the following claims: ACCOUNTS PAYABLE: $ 584,054.03 Checks #8302 - #8387 Dated 10-11-88 thru 10-31-88 70,729.42 Checks #4441 - #4578 Dated 11-14-88 $ 654,783.45 Total per attached voucher/check register 11/14 PAYROLL: $ 166,228.39 Payroll Checks 30,998.82 Payroll Deductions $ 197,227.21 Total Payroll $ 852,010.66 GRAND TOTAL 2. Suburban Home Share Program Approved the joint-powers agreement to participate in the 1989 Suburban Home Shame Program and authorize the Manager and Mayor to sign the document. 3. Budget Change - Curbside Recycling Approved the recommendation to increase the estimated revenues by $15,265 to equal the Ramsey County grant money to be received for 1988, and increase expenditure accounts 101-703-i~480 by $980 and 101-701-4330 by $14,285. 4. Water District 8 Elevated Tank, Project 86-15 Change Order Two. Resolution No. 88 - 11 - 181 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 86-15 and has let a construction con- tract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 86-15 Change Order Two. 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 Two. 5. Cope Avenue Project 85-26 - Award of Bids Resolution No. 88 - 11 - 182 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Brown & Cris, Inc., in the amount of $376,635.38 is the lowest responsible bid for the construction of Cope Avenue - Hazel Street to Ariel Street, City Project 85-26, and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. 6. Beam Avenue Trunk Watermain, Project 84-12 - Change Order No. 5 and Acceptance of Project. Resolution No. 88 - 11 - 183 WHEREAS, the City Engineer for the City of Maplewood has determined - 2 - 11/14 that Beam Avenue Trunk Water Main, City Project 84-12, is complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 84-12 is complete and maintenance of these improvements is accepted by the City. Release of any retainage or escrow is hereby authorized. 7. Approval of Election Judges Resolution No. 88 - 11 - 184 RESOLVED that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for the 1988 General Election, Tuesday, November 8, 1988: Precinct #1 Precinct #8 Karl Biebighauser, Chairman Lorraine Fischer, Chairman Orpha Getty Betty Berglund Irene Ling Rita Frederickson Claire Healy Nancy Behr Kathy Berqual Precinct #9 Precinct #2 Dolores Mallet, Chairman Pat Thompson, Chairman Margaret McDonald - Kathleen Dittel Ruth Myckleby-Lang Bea Hendricks Bernadine Mortinson Florence Stella Delores Shipp Helen Dickson Precinct #10 Precinct #3 Pat Werden, Chairman ' Mar Lou Lieder Charlene Arbuckle, Chairman y Doris Broady Diane Golaski Alice Miller Anne Fosburgh Margaret Earley Richard Wolszon Precinct #11 Precinct #4 Shirley Luttrell, Chairman Maxine Olson Caroline Warner, Chairman Delores Lofgren Betty Eddy Kathy Haynes Joyce Lipinski Helen King Thelma Ling LeAnn Kaup Precinct #12 Precinct #5 Mary Libhardt, Chairman DeLoris Fastner Elsie Wiegert, chairman Marcella Watson Emma Klebe Raymond Getty Phyllis Erickson Annette LaCasse Gloria Zuercher - 3 - 11/14 Precinct #6 Precinct #13 Kathy Supan, Chairman Jack Arbuckle, Chairman Gunborg Mowchan Donald Wiegert Linda Prigge Bill Schnellman Judy Widholm Richard Lofgren Sandy Jones Theodore Haas Precinct #7 Precinct #14 Margaret Wolszon, Chairman Marilyn Wold, Chairman Betty Haas Grace Locke Armella Podgorski Kathleen Tracy Joan Cottrell Marjorie Lee Mildred Burke Elsie Anderson 8.. Ordinance to Increase Hydrant Charge Rates ORDINANCE N0. 634 Ali ORDINANCE AMENllIN~ TEE MAPEEWOOD CODE RELATING TO HYDRANT CHARGE RATES BE IT ORDAINED BY COUNCIL OF THE CITY OF MAPLEWOOD AS FOLLOWS: Section 1. That Section 35-52 of the Maplewood Code is hereby adopted to read as follows: There shall be levied a hydrant charge against all properties ..benefiting from fire protection created by the availability of water. Such charge shall be imposed only within the St. Paul I' Water District service area where water mains are located. The hydrant charge shall be levied whether or not the property is connected to water mains. The rates shall be as follows: (1) The quarterly residential rates shall be: Single Family Dwelling $3.25 Townhouse 3.25 Duplex 6.50 Apartment 2.60 Condominium 3.25 Mobile Home 3.25 (2) Non-residential rates shall be as follows: Class A - over 300 MGY - $.08 per 1,000 gallons Class B - 0-299 MGY - $.12 per 1,000 gallons Minimum rate - $3.25 per quarter (3) The rate for properties used jointly for residential and commercial purposes that are not metered separately shall be billed at non-residential rates. Section 2. This ordinance shall take effect and be in force beginning January 1, 1989. - 4 - 11/14 9. Write-Off of Uncollectible Ambulance Bills of 1986 Approved that the $5,034.68 of ambulance bills as presented be written off as uncollectible. 10. Investment Policies Resolution No. 88 - 11 - 185 WHEREAS, the City of Maplewood is dedicated to the proposition that a sound investment program is an essential element of good fiscal management; and WHEREAS, it is important to have a written policy to aid in the invest- ment process; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD that the policy entitled "Investment Policy for the City of Maplewood" be adopted as the official investment policy for the City of Maplewood effective January 1, 1989. 11. Letter of Resignation: Susanne Hoyt, H.R.A. Accepted the resignation of Susanne Hoyt from the Human Relations Commission with regrets and a letter of appreciation be sent. F. PUBLIC HEARINGS 1. 7:00 P.M., Financing Revisions: Cottages of Maplewood a. Mayor Greavu convened the meeting for a public hearing regarding the change of developers for the Cottages of Maplewood. b. Manager McGuire presented the Staff report. c. Howard Rikstad, representing the developers, spoke on behalf of the change. d. Mary Ippel, Bonding Consultant, Briggs and Morgan, explained the specifics of the proposal. e. Mayor Greavu closed the public hearing. f. Councilmember Rossbach introduced the following resolution and moved its adoption: 88 - 11 - 186 RESOLUTION RECITING A PROPOSAL FOR A FINANCING PROGRAM FOR A MULTI-FAMILY RENTAL HOUSING DEVELOPMENT, GIVING PRELIMINARY APPROVAL TO THE PROJECT AND THE PROGRAM PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C, AUTHORIING THE CITY OF MAPLEWOOD TO ISSUE HOUSING REVENUE BONDS AND AUTHORIZING THE - 5 - 11/14 SUBMISSION OF FINANCING PROGRAM FOR APPROVAL TO THE MINNESOTA HOUSING FINANCE AGENCY AND AUTHORIZING THE PREPARATION OF NECESSARY - DOCUMENTS AND MATERIALS IN CONNECTION WITH THE SAID PROJECT AND PROGRAM (THE COTTAGES OF MAPLEWOOD PROJECT) i WHEREAS, i (a) Minnesota Statutes, Chapter 462C (the "Act") confers upon cities, or housing and redevelopment authorities or port authorities authorized by ordinance to exercise on behalf of a City the powers conferred by the Act, the power to issue revenue bonds to finance a program for the purposes of planning, administering, making or purchasing loans with respect to one or more multi-family housing developments within the boundaries of the City; (b) The City received from The Arkell Development Corporation a proposal that the City undertake a program to finance a Project herein- after described, through the issuance of revenue bonds as hereinafter described; (c) The City held a public .hearing on December 14, 1987, on the proposal of The Arkell Development Corporation to finance the Project hereinafter described and granted preliminary approval for the Project on said date; (d) The interests of The Arkell Development Corporation in the Project will be assigned to Cottages of Maplewood Limited Partnership; (e)- The City has received from Cottages of Maplewood Limited Partner- ship (the "Developer") a proposal that the City undertake a program to finance, through the issuance of revenue bonds or obligations (in one or more series) (the "Bonds") pursuant to the Act the .Project originally granted preliminary approval before assigned by The Arkell Development Cor oration to the Devel o er and as more full des ri P p c bed hereinafter Y (f) The city desires to: facilitate the development of rental housing within the community; encourage the development of affordable housing opportunities for residents of the City; encourage-the develop- ment of housing facilities designed for occupancy by elderly persons; and encourage the development of blighted or underutilized land and structures within the boundaries of the City; and the Project will assist the City in achieving these objectives. (g) The Developer is currently. engaged in the business of real estate development. The Project to be financed by the bonds is the acquisition, construction and equipping of a 48,000 square foot (approxi- matel mul if y) t amily rental housing development of approximately 60 rental units located south of Woodlynn Avenue & East of Ariel Street, in the City of Maplewood, and consists of the construction and equipping of buildings thereon which will result in the provision of additional ren- tal housin o ortunities to ersons within the o g PP P c mmunity; - 6 - 11/14 (h) The City has been advised by representatives of the Developer that conventional, commercial financing to pay the capital costs of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the project would be significantly reduced, but the Developer has also advised the City that with the aid of municipal financing, and resulting low borrowing costs, the Project is economically more feasible; (i) A public hearimg on the Project and the financing program therefor was held on December 14, 1987 and November 14, 1988, after notice was published, all as required by Minnesota Statutes, Section 46X.05, subd. 5, at which public hearing all those appearing at said hearing who desired to speak were heard and written comments were accepted and considered; (j) No public official of the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. The City hereby gives preliminary approval to the proposal of the Developer that the City undertake the Project, described above, and the program of financing therefor, pursuant to Minnesota Statutes, Chapter 462C, consisting of the acquisi- tion and construction of multi-family rental housing facilities within the City pursuant to the Developer's specifications and to a revenue agreement between the City and the Developer on such terms and conditions with provisions for revision from time to time as necessary, so as to produce income and revenues sufficient to pay, when due, the principal and interest on the Bonds in the total principal amount of approximately $2,600,000 to be issued pursuant to the Act to finance the acquisition and construction of the Project; and said agreement may also pro- - vide for the entire interest of the Developer therein to be mortgaged to the pur- chasers of the Bonds, or a trustee for the holder(s) of the Bonds; and the City, acting by and through the City, hereby undertakes preliminarily to issue its bonds in accordance with such terms and conditions; 2. At the option of the City, the financing may be structured so as to take advantage of whatever means are available and are permitted by law to enhance the security for, or marketability of, the Bonds; provided that any such financing structure must be consented to by the Developer. 3. On the basis of information available to the City it appears, and the City hereby finds, that the Project constitutes a multi-family housing develop- ment within the meaning of subdivision 5 of Section 46X.02 of the Act; that the availability of the financing under the Act and the willingness of the City to furnish such financing will be a substantial inducement to the Developer to undertake the Project, and that the effect of the Project, if undertaken, will be to encourage the provision of additional multi-family senior rental housing opportunities to residents of the City, and to promote more intensive develop- ment and use of land within the Gity; - 7 - 11/14 4. The Project and the program to finance the Project by the issuance of revenue bonds, is hereby given preliminary approval by the City subject to the approval of the financing program by the Minnesota Housing Finance Agency ("MHFA") and subject to final approval by the City, the Developer and the purchasers of the Bonds as to ultimate details of the financing of the project; 5. In accordance with subdivision 5 of section 46X.05, Minnesota Statutes, the City Clerk is hereby authorized and directed to submit the program for financing the project to MHFA, requesting-its approval, and other officers, and employees and agents of the City are hereby authorized to provide MHFA with pre- liminary information as it may require; 6. The Developer has agreed and it is hereby determined that any and all costs incurred by the City in connection with the financing of the Project whether'-or not the project is carried to completion and whether or not approved by MHFA will be paid by the Developer; 7. Briggs and Morgan, Professional Association, acting as bond counsel, is authorized to assist in the preparation and review of necessary documents relating to the Project and the financing program therefor, to consult with the City Attorney, Developer and purchasers of the Bonds (or trustee for the purchasers of the Bonds) as to the maturities, interest rates and other terms and provisions of the Bonds and as to the covenants and other provisions of the necessary documents and submit such documents to the City for final approval; 8. Nothing in this Resolution or the documents prepared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the City for this purpose. The bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except the revenue and proceeds pledged to~the payment thereof, nor shall the City be subject to any liability thereon. The holder of the Bonds shall never have the right to compel any exer- cise of the taxing power of the City to pay the outstanding principal on the Bonds or the interest thereon, or to enforce payment thereon against any property of the City, except such property as may be expressly pledged for the security of the Bonds. The bonds shall recite in substance that Bonds, including the interest thereon, are payable solely from the revenue and proceeds pledged to the payment thereof. The bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. 9. In anticipation of the approval by MHFA and the issuance of the Bonds to finance all or a portion of the Projects and in order that completion of the project will not be unduly delayed when approved, the Developer is hereby author=- ized to make such expenditures and advances toward payment of that portion of the costs of the Project to be financed from the proceeds of the Bonds, as the Developer considers necessary, including the use of interim, short-term financing, subject to reimbursement from the proceeds of the Bonds if any when delivered but otherwise without liability on the part of the City.' 10. The actions of City Staff in causing the notice of public hearing to be published in the "Maplewood Review" are hereby ratified, confirmed and adopted. 11. The Developer shall enter into various agreements with the City which shall impose the following restrictions on the Developer and the Project: - 8 - 11/14 (a) Construction must begin by June 1, 1989. The City Council may grant a time extension if just cause is shown. (b) Contracts entered into with Contractors doing work on the Project shall provide that: (i) The Contractor shall not discriminate in the hiring or firing of employees on the basis of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability or age. (ii) the Contractor shall compensate employees with wages and financial remuneration as provided under the United States Code, Section 276A, as amended through June 23, 1986, and under Minnesota Statutes 1985, Sections 177,41 - 177.44. (iii) the Contractor shall be required to employ Minnesota resi- dents in at least 80~ of the jobs created by the project; and., at least 60~ of the group shall be residents of the seven-county metropolitan area. Resident status under both of the above categories shall be determined as of the date of this resolution. Howeve~~ if the contractor can show that these quotas are not feasible because of a shortage of qualified personnel in specific skills, the contractor may request the City Council for a release from the two resi- dency requirements. The requirements shall continue for the duration of the construction project. (iv) the Contractor shall be an active participant in a State of Minnesota apprentice program, approved by the Department of ' Labor and Industry. (v) All provisions of these tax-exempt finance requirements shall apply to all subcontractors working on the Project. (c) A written opinion, with supporting justification from a qualified expert acceptable to the City, shall be submitted with the application requesting tax exem t mort a e financin to d P g g g ocument that: (i) The Project will not adversely increase the vacancy rates of rental multiple dwellings in the City that are existing or have received preliminary City approval over the metro- politan average. (ii) There is reasonable assurance that the Project will be able,- to comply with the federal, county and City low-to-moderate income requirements over the life of the bond issue. (d) The bond indenture for the Bonds shall require: (i) The Developer to periodically certify to the City and trustee, compliance with the federal low-to-moderate income requirement. The frequency of certification shall be determined on a case-by- case basis. - 9 - 11/14 (ii) The trustee is to inform the City of noncompliance trends with federal low-to-moderate income requirements. (e) As a condition of approving the Project, a lump-sum fee at Bond closing or an annual fee over the life of the Bond will be required. The City re- serves the right to choose the fee option. that will be the most beneficial to the City. This choice will be made when the final resolution for the Project and the Bonds is adopted. Factors to be taken into account will include, but not be limited to: (i) The size of the Bond issue. (ii) Unbudgeted City funding needs at the time of the request. (iii) The number of requests. (iv) Federal arbitrage considerations. (f) The formula for each fee option is as follows: (i) Annual fee: (1) Full bond maturity: An annual fee payable on each anniversary of the Bond issue of not less than one- eighth of one percent of the unpaid balance and one- quarter of one percent of the bond issue shall be paid at bond closing, subject to federal arbitrage restrictions. (2) Prepayment of Bonds: The same as the full Bond maturity requirement, except if all of the outstanding Bonds are prepaid prior to final Bond maturity, the developer shall pay, at the time of such prepayment, a lump-sum fee equal to the present value of the re- maining annual fee payments, from the date of pre- payment to final Bond maturity, subject to federal arbitrage restrictions. (ii) Lump-sum fee: At Bond closing, a lump-sum fee shall be paid that is equivalent to the present value of the annual fee option. The present value must be determined by a qualified expert, acceptable to the City. (g) 20% of the Project units shall be occupied by households that have an adjusted gross income of 50% or less of the metropolitan median income, unless the Developer elects to provide 40% of the Project units complying with the 60% of median income requirement; (h) 75% of the Project units shall be occupied by households that have and adjusted gross income of not more than 110% of the metropolitan median income; and (i) 51% of the Project units shall be affordable to households which have adjusted gross incomes of no more than 80% of the metropolitan median income. - 10 - 11/14 Seconded by Councilmember Juker. Ayes - all 2. 7:10 P.M., Variance: 2228 Maplewood Drive (Citgo) a. Mayor Greavu convened the meeting for a public hearing regarding the request of Ron Urban, Citgo Fuel, for approval of a five foot side yard setback variance for a proposed pylon sign. b. Manager McGuire presented the Staff report. c. Mr. Ron Urban spoke on behalf of the Yequest. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilmember Rossbach introduced the following resolution and moved its adoption: 88 - 11 - 187 WHEREAS, Ron Urban applied for a variance for the following-described property: S 100 ft. of Part of SE 1/4 of SW 1/4 Ely of Sth 61/1 and N of County Road B in Sec. 9, Tn. 29, Rg. 22 This property is also known as 2228 Maplewood Drive, Maplewood; i WHEREAS, Section 36-272 (b.2.) of the Maplewood Code of Ordinances requires that pylon signs be setback ten feet from adjoining lots; WHEREAS, the applicant is proposing a five-foot setback, requiring a variance of five feet; WHEREAS, the procedural history of this variance is as follows: 1. This variance was applied for on October 17, 1988. 2. This variance was reviewed by the Maplewood Community Design Review Board on November 1, 1988. The Board recommended to the City Council that said variance be approved. 3. The Maplewood City Council held a public hearing on November 14, 1988, to consider this variance. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City Staff and Community Design Review Board. j - 11 - 11/14 NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above-described variance be approved on the basis of the following findings of fact: 1. The sign, at the reduced setback, will not alter the essential character of this locality. 2. The variance would be in keeping with the spirit and .intent of the .ordinance since thereis no sign on the adjacent property in close proximity to this one. 3. Due to the approved redesign of the site to provide the required parking spaces and traffic flow around the building, the proposed sign location is the only available spot along the highway frontage that is not within a driving surface. Approval is subject to the applicant proving that a five-foot setback, or more, is being met by having the north property line verified by survey irons. Seconded by Mayor Greavu. Ayes - all. G. AWARD OF BIDS None. H. UNFINISHED'BUSINESS l.~`Code Amendment: Residential Garage Size (2nd Reading - 4 Votes) - 12 - 11/14 2. Variance on Conditional Use Permit: 834 No. McKnight Road (Hayes) a. Council tabled Items H - 1 and 2 until the fourth member of the Council arrives. 3. Truck Restriction Ordinance a. Manager McGuire presented the Staff report. b. Councilmember Juker introduced the following ordinance and moved its adoption• ' ORDINANCE N0. 635 AN ORDINANCE RESTRICTING COMMERCIAL VEHICLES/TRUCKS FROM CERTAIN STREETS, AVENUES, AND BOULEVARDS THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 1. The following is added to the Maplewood Code, Article VIII, Section 29-190: ARTICLE VIII. STREETS, ROADS, AVENUES, PARKWAYS, BOULEVARDS, ETC., WHERE COMMERCIAL VEHICLES ARE PROHIBITED Sec. 29-190(a). Definitions. The following words and phrases, when used in this Chapter, shall, for the purposes of this Chapter, have the meanings ascribed to them herein: Commercial Vehicle means every self-propelled motor vehicle, other than a passenger vehicle or a vehicle used for the purpose of transporting passengers for hire, and shall include every truck, truck tractor or road tractor or combination of truck or road tractor and trailer or semi- trailer designed primarily for carrying commodities, other than people, whether laden or unladen. Gross Weight and Gross Vehicle Weight mean the actual unloaded weight of the vehicle, either a single unit truck or tractor-trailer combina- tion, plus the weight of the maximum load for which .such vehicle is actually or fully loaded. Any commercial vehicle operated or driven in the City of Maplewood on streets other than state trunk highways or truck routes shall have stenciled in a conspicuous place on each side of the cab of the vehicle the gross weight of the vehicle or combined vehicles as herein defined. ' Passenger Vehicle means any motor vehicle designed and used for carrying I~ of not more than eight (8) persons, including vehicles known as station wagons, but excluding motorcycles. - 13 - 11/14 Sec. 29-190(b). Avenues, parkways, boulevards, streets and roads where commercial vehicles/trucks are prohibited. The following streets, avenues, boulevards, parkways or roads are designated to be roads upon which no person shall drive, propel or draw or cause to be driven, propelled or drawn, any truck or other commercial vehicle licensed by the State of Minnesota for a gross weight in excess of nine thousand (9,000) pounds except at intersecting street crossings, except for one block between any two (2) consecutive intersecting streets or avenues, and except where it is otherwise impossible to reach a destination for the purpose of making a delivery to or returning from any lot or premises, when necessary to do so upon or along any such street, avenue, parkway, boulevard or road in the City of Maplewood: Street or Avenue From To Gervais Avenue Hazelwood Street Kennard Street Sec. 29-190(c). Government/emergency vehicles. The provisions of this Chapter shall not apply to emergency vehicles of the police department, fire department, division of public health, nor to any public utility vehicle where actually engaged in the performance of emergency duties necessary to be performed by said public departments or public utilities, nor to any vehicle owned by or performing work for the United States of America, the State of Minnesota, or the City of Maplewood. Section 2. This Ordinance shall take affect upon its passage and publication. Seconded by Mayor Greavu. Ayes - all. Councilmember.-$astian arrived at the meeting at 7:15 P.M., I. NEW BUSINESS 1. Conditional Use Permit Renewal: 1829 ,White Bear Avenue (Hejny Rental) a. Manager McGuire presented the Staff report. b. Director of Community Development Olson presented the specifics of the proposal. c. Board Member Anitzberger presented the Community Design Review Board recommendation. d. Mr. Dave Hejny spoke on behalf of his request. e. Councilmember Rossbach moved to renew the conditional use permit for an equipment rental business at 1829 White Bear Avenue for a five-year period since requirements have been c®mpleted. Seconded by Councilmember Bastian. Ayes - all. - 14 - 11/14 H. UNFINISHED BUSINESS (Continued 1. Code amendment: Residential Garage Size (2nd Reading - 4 Votes) a. Manager McGuire presented the Staff report. b. Director of Community Development Olson presented the specifics of the proposal. c. Mayor Greavu introduced the following ordinance and moved its adoptign• ORDINANCE N0. 636 AN ORDINANCE AMENDMENT REGULATING ACCESSORY BUILDINGS THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 1. Section 36-77 is amended as follows: Sec. 36-77. Accessory Buildings. (a) The areas of accessory buildings on a lot shall be limited to the areas in the following table: Lot area Detached Bldgs. Detached Bldgs. Attached (sq. ft.) without an with an attached garages attached garage garage under 8,000 768 420 768 8,000-11,999 1,000 420 1,000 12,000-15,999 1,000 ,480 1,000 16,000-20,999 1,100 560 1,100 21,000-41,999 1,250 600 1,250 42,000+ 1,250 (garages) 1,250 1,250 1,000 (all other bldgs.) (b) A private garage shall not exceed sixteen feet in height as viewed from the street. (c) The City Council may approve an increase in height or area by conditional use permit. However, the maximum area of any one building shall not exceed the maximum area allowed for an at- tached garage in subsection (a) and the height shall not exceed the height of the house. (d) Detached garages shall not. include living space, No commercial use of a garage shall occur unless authorized by the City Council. Section 2. This ordinance shall take effect upon its passage and publication. Seconded by Councilmember Rossbach. Ayes - all. 2. Variance or Conditional Use Permit: 834 No. McKnight Road (Hayes) - 15 - 11/14 a. Manager McGurre stated that this item is not needed since the previous ordinance was approved. b. Councilmember Bastian moved to table Item H-2 indefinitelV• Seconded by Councilmember Juker. Ayes - all. I. NEW BUSINESS (Continued) 2. Sewer Plan Amendment: South of Highwood Avenue (Gonyea - 4 Votes) a. Manager McGuire presented the Staff report. b. Director of Public Works Haider presented the specifics of the proposal. c. Mr. Ron Christiansen, representing Dennis Gonyea, the developer, spoke on behalf of the proposal. He further stated Mr. Gonyea had to pay $25,000 to help provide sewer to service the properties. d. Mayor Greavu introduced the following resolution and moved its adoption: 88 - 11 - 188 WHEREAS, Dennis D. Gonyea initiated an amendment to the sewer element of the Maplewood Comprehensive Plan to revise the sewer shed for Gonyea's Oak Heights Third Addition and the southerly portions of Gonyea's Oak Heights Fourth Addition and the Maida property at 2322 Highwood Avenue. WHEREAS, the procedural history of this plan amendment is as follows: 1. The Maplewood Planning Commission held a public hearing on May 18, 1987, to consider this plan amenment. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and pre- sent written statements. The Planning Commission recommended to the City Council that said plan amendment be approved. 2. The Maplewood City Council considered said plan amendment on June 8, 1987, and November 14, 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 ~i above-described plan amendment be approved on the basis of the following findings of fact: j The requested south-flowing system would be consistent with the requirements of the Environmental Protection Ordinance, whereas, a north-flowing route would not be. This change would reduce the potential loss of trees and require less grading of protected steep slopes to provide sewer to the above described properties. Seconded by Councilmember Rossbach. Ayes - all. - 16 - 11/14 - _ 3. Crestview 5th Addition a. Time Extension b. Revision of Preliminary Plat Conditions 1. Manager McGuire presented the Staff report. 2. Mayor Greavu moved to approve a one-year time extension for the Crestview Fifth Addition preliminary plat, subject to the 10-9-85 conditions of approval, revised as folows: a. A signed developer's agreement shall be submitted to the City Engineer to assure construction of the following items: 1. All internal public improvements. 2. Construction of a quarter-mile of sidewalk along a collector street in .this vicinity, if the revised trail/sidewalk plan calls for sidewalks along these streets (Sterling Street, Mailand Road or Londin Lane. If final plat approval is requested before the revised trail/sidewalk plan is adopted, the applicant shall submit a letter of credit or cash escrow for 150 of the City Engineer's esti- mate to construct a sidewalk along the west side of Sterling Street, between Mailand Road and - Londin Lane. b. Approval of final grading and drainage plan by the City i Engineer. c. The side property lines for the lots to front on Mailand ' Road shall be moved as necessary, to accommodate the exist- ing water and sewer services in Mailand Pond. All lots ' shall comply with minimum lot dimension requirements. The property lines shall be located at least as far from a side property line as the depth of the nearest service. d. The 100-foot-wide lots located west of proposed Crestview Drive may be reduced in width, provided minimum lot dimen- Sion requirements are complied with. An additional lot may be added. e. The developer's agreement shall contain the erosion control procedures recommended by the Soil Conservation Service in their report of March 26, 1979, except for Condition 1. Seconded by Councilmember Rossbach. Ayes - all. 4. Kohlman Lake Overlook a. Time Extension b. Revise Preliminary Plat Conditions c. No Parking Designation - 17 - 11/14 1. Manager McGuire presented the Staff report. 2. Director of Community Development Olson presented the specifics of the request. 3. Time Extension and Revision of Preliminary Plat Conditions. Mayor Greavu moved .approval of a one-vear time extension for Kohlman Lake Overlook preliminary plat subject to the October 26, 1987 conditions amended as follows: a. A binding contract, acceptable to the City, must be signed to guarantee year-around access from County Road D over the "haul road" until a permanent street is constructed. ' This contract must include a stipulation that snowplowing shall be accomplished with the same standards as required for City streets. A letter of credit may be required by the City to guarantee performance. The amount shall be determined by the Director of Public Works. The applicant shall secure any necessary permanent access easements. These easements shall permit access by the City of Maple- wood. (Phase I) As an alternative, a public street to ' County Road D must be guaranteed. b. The construction of Beam Avenue shall be guaranteed for Phase II. This guarantee must be a developer's agreement with the applicant or signing of construction contracts for a City project. Lot 28, Block Two, must be dropped from Phase 1. (Phase II) i c. Outlot A shall be combined with the adjoining lot area if the Department of Natural Resources (DNR) has not approved the canal. (Phase II) d. If the proposed canal must be eliminated, the lots in Block Four adjacent to the "canal" may be reduced to 15,000 square feet of area. If an additional lot can be created, it may be added at the time of final plat- . ting. (Phase II) e. A recordable deed to transfer the title of Outlot B (dike and adjoining wetland) to the City shall be submitted. The applicant shall arrange for the inspec- tion of the dike by all affected local, state and federal authorities. Any deficiencies in the dike structure shall be corrected prior to final plat approval or be guaranteed by letter. of credit. (Phase II) f. A drainage easement shall be shown on the lots adjacent to proposed Outlot B over property to be at or below 844.6 feet of elevation. All lots must have the minimum lot area outside of this easement. (Phase II) - 18 - 11/14 g. The southeasterly portion of Lot One, Block Three, may be designated as an outlot if the developer and the Vars reach an agreement to create a lot as shown on Page 18. At least 60 feet of frontage shall be transferred. The future lot shall comply with all City codes. (Phase II) h. Recording of a resolution to vacate the north three feet of the Beam Avenue and the right-of-way south and west of proposed Lot One, Block Three. (Phase II) i. The applicant shall construct a berm on the Var's property at 1140 Beam Avenue to screen their dwelling from Beam Avenue traffic, if there is enough room. This berming shall be as directed by the City Engineer. (Phase II) j. Final grading, utility, drainage and erosion control plans shall be approved by the City Engineer. These plans shall include, but not be limited to, the following items: (1) The provision of temporary on-site sttrm water ponding, as directed by the City Engineer, until the storm sewer system is operational. (Phase I and II) (2) Grading of the drainage and utility easement between proposed Lots Six and Seven, Block Four, to accommo- date maintenance trucks. (Phase II) (3) The proposed building pad locations and elevations shall be shown for each lot. All basement floors shall be at an elevation of 864.6•feet or greater. The approved building pad elevations may .be varied from, provided th'e changes are not inconsistent with intent of the plan. (Phase II) (4) The sanitary sewer shall be located deep enough to accommodate as much of the property to the north as possible. (Phase I and II) (5) All areas graded but not developed shall be seeded to prevent erosion. (Phase I and II) (6) Construction traffic shall travel to County Road D. (Phase I and II) (7) Beam Avenue shall be 36 feet wide, with a sidewalk i along west and south sides. k. Rename the portion of proposed "Beam Avenue" that is located northwest of proposed Lot 26, Block Two, to "Walter Street". (Phase II) 1. Rename "Carey Heights Drive" lying west of proposed "Duluth Street" to "Edward Street". (Phase I completed, Phase II pending) - 19 - 11/14 m. Rename proposed "Lydia Court" to a name acceptable to the Public Safety Director. (Phase II) - n. Submittal of a signed developer's agreement with required surety for all required public improvements, upgrading of the dike as necessary, construction of a berm on the Var's i property (1140 Beam Avenue), erosion control and a tem- porary cul-de-sac at the end of Duluth Street. (Phase I completed, pending Phase II) o. The City must initiate a public improvement project to construct Carey Heights Drive or Frank Street (proposed as Duluth Street) north of the plat to County Road D. (Phase I) Seconded by Councilmember Rossbach. Ayes - all. 4. No Parking Designation Councilmember Rossbach introduced the following resolution and moved its adoption: 88-11-189 WHEREAS, Walter Street and Beam Avenue from County Road D to Highway 61 are designated as collector streets. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF MAPLEWOOD COUNCIL that upon the completion of construction, the west side of Walter Street shall be posted for no parking from County Road D to Beam Avenue and the south side of Beam Avenue. shall also be posted for no parking. The restriction may be removed for the easterly por- tion at such time that the street is widened to at least 44 feet. Seconded by Mayor Greavu. Ayes - all. 5. Code Amendment: Abandoned or Junk Vehicles a. Manager McGuire presented the Staff report. b. Director of Community Development Olson presented the specifics of the proposal. c. Mayor Greavu moved first reading of an ordinance to add unlicensed vehicles to the definition of abandoned vehicles and to consolidate two similar code sections into one. i I Seconded by Councilmember Bastian. Ayes - all. 6. Demolition Resolution: 1866 Furness Street a. Manager McGuire Presented the Staff report. - 20 - 11/14 _ _ b. Mayor Greavu introduced the following resolution and moved its adoption• 88 - 11 - 190 WHEREAS, the City has received complaints on the burned-out house at 1866 Furness Street and the owner has failed to correct the violation for this property described as: Ex. North 50 feet of Lot 13, Block 4, of Hillcrest Gardens This property is also known as 1866 Furness Street, Maplewood, Minnesota. WHEREAS, the house is burned beyond repair and the owner has indicated she does not wish to repair it; and FURTHER BE IT RESOLVED, that the structure is an eyesore and safety hazard to the residents of the City; NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above-described structure be declared a hazardous building under the pro- . visions and definitions set forth in Section 463 of the Minnesota State Statutes and thereby order its demolition with the cost of said demolition to be assessed to the property taxes. Seconded by Councilmember Rossbach. Ayes - all. 7. Demolition Resolution: 1343 Kohlman Avenue a. Manager McGuire presented the Staff report. b. Councilmember Juker introduced the following resolution and moved its adoption' 88-11-191 WHEREAS, the City has received complaints on a burned-out house at 1343 Kohlman Avenue, and the owner failed to respond to orders to correct the violation. The property is described as the: S 212 feet of Lots 67, 68, and 69 (Subj. to St) of Gardena Addition WHEREAS: 1. The house was severely damaged in the interior by afire in 1977. III 2. The owner has not responded to orders issued for repair or demo- lition, and resists all efforts of the City to contact him. 3. The fire debris and a large amount of burned garbage are still in the house. - 21 - 11/14 4. There has been no attempt by the owners to correct the situation. 5. The house appears not to have any working bathroom facilities. 6. The house is an eyesore and safety hazard to the residents of the City. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above described structure be declared a hazardous building under the pro- visions and definitions set forth in Section 463 of the Minnesota State Statutes and thereby order it demolished with the cost of said demolition and boarding-up costs to be assessed to the property taxes. Seconded by Councilmember Rossbach. Ayes - all. 8. T.H. 61 Frontage Road at County Road C - Petition a. Manager McGuire presented the Staff report. b. Paul Wolff, representing the property owners along the proposed frontage road, expressed their views. c. Mayor Greavu moved to order the feasibility study and that the City bud¢et up to $5,000 to cover the expense Motion died for lack of a second. 9. Request to Replace: Dispatcher Position a. Manager McGuire presented the Staff report. b. Mayor Greavu moved approval to fill the position of dispatcher for the Police Department. Seconded by Councilmember Rossbach. Ayes - all. 10. Request for Replace: Part-Time Police Position a. Manager McGuire presented the Staff report. b. Councilmember Juker moved approval to fill the position of Part-Time Police Officer. Seconded by Mayor Greavu. Ayes - all. 11. Televising Council Meeting a. Manager McGuire presented the Staff report. b. Councilmember Juker moved to table this Item until Councilmember Anderson returns. Seconded by Councilmember Rossbach. Ayes - all. - 22 - 11/14 12. Radon Alpha Track Detectors a. Manager McGuire presented the Staff report. b. Councilmember Bastian moved to approve the purchase of the Radon Alpha Track Detectors and also approve a budget transfer of $600 00 from the Contingency Account to Account 101-112-4120. Seconded by Mayor Greavu. Ayes - all. 13. Play 21 a. Manager McGuire presented the Staff report. b. Marijo Greeman and Richard O'Connell spoke on behalf of their request to place blackjack tables in establishments that have an on-sale intoxi- Gating liquor licenses. c. Councilmember Bastian moved to table the request and that the applicants present evidence to the City's legal staff that proves these would not violate the City's ordinances. Seconded by Councilmember Rossbach, Ayes - all. 14, Payrate for CSO/Paramedic a. Manager McGuire presented the Staff report. b. Mayor Greavu moved to establish a pa rate of $9 00 per hour Seconded by Councilmember Bastian. Ayes - all. 15. Future Meeting Dates a. Manager McGuire presented the Staff report. b. Councilmember Rossbach moved approval to adopt the following schedule of meetings: November 24th No Pre-Agenda Meeting (Thanksgiving Day) November 28th 7:00 P.M. - Regular Council Meeting (No Change) December 5th 4:30 P.M, to Approx. 8:00 P.M. - Meeting with City Manager to discuss Organizational Structure December 8th 4:30 P.M. - Pre-Agenda Meeting 6:30 P.M. - Meeting on Group Homes - 23 - 11/14 December 12th 7:00 P.M. - Regular Council Meeting (No Change) December 22nd 7:00 P.M. - Special Council Meeting in place. of December 26th meeting (Main topic will be alternative methods of financing storm sewer.) December 26th 4:30 P.M. - Cancel Regular Council Meeting January 5th 4:30 P.M. - Pre-Agenda Meeting Approx. 5:30 P.M. - Attorney/Client meeting to discuss Footprint Lake lawsuit (Sommers) January 9th 7:00 P.M. - Regular Council Meeting Seconded by Councilmember Juker. Ayes - all. J. VISITOR PRESENTATIONS None. K. COUNCIL PRESENTATIONS 1. N.E.S.T. a. Councilmember Rossbach reported that N.E.S.T. is short of cash for January and is asking cities to pay promptly. 2. School Board a. Councilmember Rossbach stated for a matter of record that the School Board No. 622 wishes to have a joint clean-up day in April with the surrounding cities and the school board. 3. Flashing Signs a. Councilmember Juker stated there is a flashing sign at the car wash and also another flashing sign mounted on a truck advertising Maplewood Auto and Appliance. Are there permits obtained? b. Staff will investigate. 4. Neutered Animal Month a. Councilmember Bastian stated that April has been designated as Neutered Animal Month. 5. Homes by St. Paul Water Utility Plant i a. Councilmember Bastian moved to have Staff fully investigate the City's ordinance that would cover water problems or insure the work that the St. Paul Utility has been doing and make sure the ordinance gives the City the authority to enforce it. Seconded by Mayor Greavu. Ayes - all. - 24 - 11/14 _ _ _ _ _ _ fi. Amos Hayes Day a. Councilmember Bastian introduced the following proclamation and moved its adoption: P R O C L A M A T I O N WHEREAS, Amos Haynes has been a resident of Maplewood for many, many years; and WHEREAS, Amos Haynes has given his services and dedication to his beliefs for the betterment of the City of Maplewood; and WHEREAS, Amos Haynes was an active participant in the establishment of Maplewood, first as a Village and then as a City; NOW, THEREFORE, BE IT HEREBY RESOLVED THAT THE CITY COUNCIL AND RESIDENTS OF THE CITY OF MAPLEWOOD, wish to take this opportunity to honor Amos Haynes by declaring November 17, 1988, as AMOS HAYNES DAY. John C. Greavu /s/ John C. Greavu, Mayor Seconded by Councilmember Rossbach. Ayes - all. L. ADMINISTRATIVE PRESENTATION None. M. ADJOURNMENT 8:47 P.M. City Clerk - 25 - 11/14