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HomeMy WebLinkAbout08.07.80 _ MINUTES OF MAPLEWOOD CITY COUNCIL 7:30 P,M., Thursday, August 7, 1980 Council Chambers, Municipal Building Meeting No, 80-20 -f 1 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 7:30 P.M. by Mayor Greavu, B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilman Present 'i Gary W. Bastian, Councilman Present i Frances L. Juker, Councilperson Present ~ Earl L. Nelson, Councilman Present 'i C. APPROVAL OF MINUTES ''i 1. Minutes 80-16 July 3, 1980 Mayor Greavu moved to approve the Minutes of Meeting No 80-16 (Jul 3 1980) as ' submitted. i Seconded by Councilman Bastian. Ayes - all. D. APPROVAL OF AGENDA Ma or Greavu moved to a y pprove the Agenda as amended: d 1. Developers Agreement 2. S.U.P, for R-2 3. Maplewood Plan for White Bear Avenue j 4. Highway 120 5. Letter from League 6. Lawsuits 7, Telphone Calls - Mayor Greavu stated a resident called him at 6:15 A.M, to tell him to get the crews out working. The resident hung up before the Mayor could answer him. The crews had started work prior to 6:00 A,M. !j Seconded by Councilperson Juker, Ayes - all. E. CONSENT AGENDA Item E-1 was removed to become Item J-3. Councilman Nelson moved, seconded by Mayor Greavu, Ayes - Four, Nay - Councilman Bastian to approve the Consent Agenda Items 2 thru 4 as recommended. ~ 2. Hearing Date: Movies of Maplewood - Industrial Notes - 1 - 8/7 I Resolution No. 80-8-200 RESOLUTION CALLING FOR A PUBLIC I HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZIPIG THE PUBLICATION OF A NOTICE OF SAID HEARIIQG 1 WHEREAS, !F (a) Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Indus- trial Development Act (the "Act") gives municipalities the power to issue revenue bonds for the purpose of the encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; ~ (b) The City Council of the City of Maplewood (the "City") has received from i United Artists Theatre Circuit, Inc., a corporation organized under the laws of the State of Maryland (the "Company") a proposal that the City assist in financing a project hereinafter described, through the issuance of its industrial revenue bonds (which may be in the form of a single debt instrument) (the "Bonds") pursuant i to the Act; `i (c) Before proceeding with consideration of the request of the Company it is necessary for the City to hold a public hearing on the proposal pursuant to Section 474.01, Subdivision 7b, Minnesota Statutes; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: di 1. A Public Hearing on said proposal of the Company will be held at the time and place set forth in the Notice of Hearing hereto attached. i i 2. The general nature of the proposal and an estimate of the principal amount of bonds to be issued to finance the proposal are described in the form of Notice of Hearing hereto attached. i 3. The Notice of said Public Hearing shall be in substantially the form con- tained in the Notice hereto attached. 4. A draft copy of the proposed application to the Commissioner of Securities, State of Minnesota, for approval of the project, together with proposed forms of ~ all attachments are exhibits thereto, is on file in the office of the City Clerk. 5. The City Clerk is hereby authorized and directed to cause notice of said hearing to be given one publication in the official newspaper and a newspaper of general circulation available in the City, not less than 15 days nor more than 30 days prior to the date fixed for said hearing, as shown in the notice of hear- ing hereto attached. NOTICE OF PUBLIC HEARING j ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT To whom it may concern: ' - 2 - 8/7 I Notice is hereby given that the City Council of the City of Maplewood, Minnesota, ~ will meet at the City Hall in the City of Maplewood, Minnesota at 8:30 P.M. on i September 18, 1980, to consider the proposal of United Artists Theatre Circuit, Inc., that the City assist in financing a project hereinafter described by the issuance of industrial development revenue bonds. Acquisition of land between Southlawn Road, Beam Avenue and Ring Road in Maplewood and the construction thereon of a six screen movie theatre facility. The estimated principal amount of bonds or other obligations to be issued to finance this project is $2,525,000. i Said notes or other obligations if and when issued will not constitute a charge, lien or encumbrance upon any property of the City except the project and such bonds or obligations will not be a charge against the City's general credit or taxing powers i but are payable from sums to be paid by United Artists Theatre Circuit, Inc. pursuant to a revenue agreement. ~ A draft copy of the proposed application to the Commissioner of Securities, State ~ of Minnesota fora royal of the pp project, together with all attachments and exhibits ii thereto, is available for public inspection beginning August 22, 1980, from 8:00 o'clock A.M, to 5:00 o'clock P.M., Monday through Friday, at the City Hall. 9 At the time and place fixed for said Public Hearing, the City Council of the City ~ of Maplewood will give all persons who appear at the hearing an opportunity to express their views with respect to the proposal. i Dated this 22nd day of August, 1980. (BY ORDER OF THE CITY COUNCIL) I By /s/ Lucille Aurelius City Clerk 3. Hearing Date - Carlton Racquetball Club Resolution No. 80-8-201 RESOLUTION CALLING FOR A PUBLIC HEARING = ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE PUBLICATION OF A NOTICE OF SAID HEARING WHEREAS, (a) Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial Development Act (the "Act") gives municipalities the power to issue revenue bonds for the purpose of the encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; i 'i 'i -3- 8/7 !i (b) The City Council of the City of Maplewood (the "City") has received from Otto Bonestroo, (the "Applicant") an individual acting on behalf of a corporation which is to be formed and identified as the Carlton Racquet Club, a proposal that the City assist in financing a project hereinafter described, through the issuance of its industrial revenue bonds (which may be in the form of a single debt instrument) (the "Bonds") pursuant to the Act; (c) Before proceeding with consideration of the request of the Applicant it is necessary for the City to hold a public hearing on the proposal pursuant to Section 474.01, Subdivision 7b, Minnesota Statutes; Iii NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. A Public Hearing on said proposal of the Applicant will be held at the time and place set forth in the Notice of Hearing hereto attached. 'I 2. The general nature of the proposal and an estimate of the principal amount of bonds to be issued to finance the proposal are described in the form of Notice of Hearing hereto attached. ~ 3. The Notice of said Public Hearing shall be in substantially the form contained in the Notice hereto attached. 3 4. A draft copy of the proposed application to the Commissioner of Securities, State of Minnesota, for approval of the project, together with proposed forms of all attachements and exhibits thereto, is on file in the office of the City Manager. I 5. The City Manager is hereby authorized and directed to cause notice of said hearing to be given one publication in the official newspaper and a newspaper of general circulation available in the City, not less than 15 days nor more than 30 days prior to the date fixed for said hearing, as shown in the notice of hearing hereto attached. NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR A COMMBRCIAL FACILITIES DEVELOPMENT PROJECT I To whom it may concern: Notice is hereby given that the City Council of the City of Maplewood, Minnesota, I'~ will meet at City Hall, 1380 Frost Avenue, in the City of Maplewood, Minnesota at ~ 8:30 o'clock p.m. on September 18, 1980, to consider the proposal of Otto Bonestroo h an individual acting on behalf of a corporation to be formed and identified as the Carlton Racquet Club, that the City assist in financing a project hereinafter described by the issuance of industrial development revenue bonds. Construction of a 12-Court Racquet Ball Club to be located on property at Fifth and Carlton Streets in Maplewood, Minnesota The estimated princcpal amount of bonds or other obligations to be issued to fina this project is $700,000. Said bonds or other obligations if and when issued will not constitute a charge, ~ lien or encumbrance upon any property of the City except the project and such bonds or -i obligations will not be a charge against the City's general credit or taxing powers but are payable from sums to be paid by the Carlton Racquet Club pursuant to a revenue agreement. 'i _ 'i A draft copy of the proposed application to the Commissioner of Securities, State of Minnesota, for approval of the project, together with all attachments and exhibits thereto, is available for public inspection beginning August 22, 1980, from 8:00 o'clock a.m. to 5:00 o'clock p.m., Monday through Friday, at 1380 Frost Avenue, in the City of Maplewood, Minnesota. At the time and place fixed for said Public Hearing, the City Council of the City of Maplewood will give all persons who appear at the hearing an opportunity to express their views with respect to the proposal. Dated this 22nd day of August, 1980. i (BY ORDER OF THE CITY COUNCIL) By /s/ Lucille E. Aurelius I 4. Budget Transfer - Building Maintenance Division Council authorized a budget transfer of $4,550 from Account number 101-115-4730 to account number 101-115-4410 - $1,650 and to account No. 101-115-4020 - $2,900.00. ~j E-A 1. Appointment: Community Design Review Board a a. Mr. Victor Lydon, 2616 Keller Parkway presented his reasons for wishing to be 'j appointed to the Community Design Review Board. b. Mayor Greavu moved to appoint Mr. Victor Lydon to the Community Design Review ~ Board effectively immediately until January, 1982. ~ Seconded by Councilperson Juker. Ayes - all. F. PUBLIC HEARINGS 1. Special Use Permit: 2730 Hazelwood Health Resources - 7:30 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Health Resources, Inc. for a special use permit to operate a community services program at 2730 Hazelwood Avenue. The Clerk noted the dates of publication and stated the hearing notice was in order. b. Manager Evans presented the staff report. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Whitcomb moved that the Planning Commission recommend to the City Council approval of the special use permit for the operation of the proposed community service programs or similar uses, if approved by the City Council, with the following conditions: 1. The permit shall be good for one year. It may be renewed if Council determines that the use has had no adverse impact on the neighborhood. ;i j 2. Striping of the parking lot for 52 spaces. 3. The City shall be allowed to continue use of the ball diamonds, provided it does not conflict with the use of the diamonds by the applicant. The City shall sign a hold harmless agreement obsolving Health Resources Inc. of i i - 5 - 8/7 I any injury liabilities for City use-of the facilities. Commissioner Pellish seconded. Ayes all." d. Mr. Gerald McCarthy, President of Health Resources and Mr. Gary French, spoke on behalf of their proposal. e. Mayor Greavu called for proponents. None were heard. ~ f. Mayor Greavu called for opponents. The following were heard: i Mr. Ronald Erickson, 2669 Hazlewood Avenue g. Mayor Greavu closed the public hearing. h. Councilman Nelson introduced the following resolution and moved its adoption: 80-8-202 .i WHEREAS, a petition was filed with the City of Maplewood as provided under Section 915.010 of the Municipal Code of the City of Maplewood, said petition i having been signed by more than 50% of the owners of property within 200 feet of the property described as follows: ,i Unplatted Lands: Subject of Hazelwood Avenue the N 800 ft of S 1310 ft of W i 578 ft of SE 1/4 of Section 3, Township 29, Range 22 ~ which has been proposed for Special Use Permit. WHEREAS, a public hearing was held on August 7, 1980, at 7:30 P.M, in the City I Hall, notice thereof having been duly published in the official City newspaper, i and notices of said hearing having been mailed to all property owners of record within 200 feet of the area proposed for special use permit to operate a Community Service Program; and ~ WHEREAS, the City Planning Commission has made its recommendations; and WHEREAS, it appears for the best interest of the public that said petition be granted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the petition for the above described Special Use Permit to operate a Com- ~ munity Service programs at 2730 Hazelwood Avenue (formerly Hazelwood Elementary School) be granted, subject to the following conditions: 1. The permit shall be good for one year. It may be renewed if Council determines that the use had no adverse affect on the neighborhood. The concerns for parking spaces can be discussed at that time; 2. Striping of the parking lot for 52 spaces; i j 3. The City shall have a continued use of the ball diamond providing it does ~ not conflict with the use of the applicant; ' - 6 - 8/7 4. The City shall sign a hold harmless agreement obsolving Health Resources, Inc. of any injury liabilities for City use of the facilities; 5. The applicant shall appear before the Council if an increase of the number of parking stalls beyond the 52 spaces ifi needed within one year preceeding the renewal of their special use permit. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmen Anderson, Bastian and Nelson ~ Nays - Councilperson Juker. III 2. Kennel License - 1861 Kohlman Lane - 7:45 P.M. a. Manager Evans read a letter from the applicant, Timothy Morgan, 1861 Kohlman Avenue, requesting this item be withdrawn from the agenda. 3,. Commercial Revenue Note: Beam Avenue Shopping Facility - 8:00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request ?i of Commercial Partners - Maplewood for Commercial Revenue Notes for acquisition and construction of a commercial shopping center on the south side of Beam Avenue west of White Bear Avenue. The Clerk noted the dates of publication and stated j the hearing notice was in order. b. Manager Evans presented the staff report. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Fischer moved that the Planning Commission recommend that the City 'I Council give preliminary approval of the requested Commercial Revenue Note financing on the basis that the project meets all of the criteria outlined by the City Council. Commissioner Kishel seconded. Ayes - all." d. Mr. Richard Riley, Vice President of Dougherty, Dawkins, Strand and Ekstrom, Inc. and Mr. Kerr, Construction Manager, spoke on behalf of the proposal. e, Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Councilman Anderson introduced the following resolution and moved its adoption: 80-8-203 RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT BY COMMERCIAL PARTNERS-MAPLEWOOD UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND AUTHORIZING SUBMISSION OF AN APPLICATION TO THE COMMISSIONER OF SECURITIES FOR APPROVAL THEREOF BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: - 7 - 8/7 i I 1. There has been presented to this Council a proposal by Commercial Partners - Maplewood, a Minnesota general partnership (the "Partnership") that the City undertake a project pursuant to the Minnesota Municipal In- I dustrial Development Act (Minnesota Statutes, Chapter 474) for the acquisition, construction and equipping of a commercial shopping center (the "Project"). Under the proposal, the Project will be owned by the Partnership, and the ! Partnership will enter into a Loan Agreement with the City upon such terms and conditions as are necessary to produce income and revenues sufficient to pay when due the principal of and interest on-up to approximately $1,250,000 Industrial Development Revenue Bonds of the City to be issued pursuant to said ;i Chapter 474, Minnesota Statutes, to provide monies for the acquisition, con- struction and equipping of the Project and the City will pledge its interest in the Loan Agreement to the bondholder, and the Partnership will mortgage the j Project and assign the leases of the Project to secure the bond. i 2. As required by said Chapter 474, Minnesota Statutes, this Council con- ducted a public hearing on August 7, 1980 on the proposal to undertake and fi- i nance the Project, after publication in the official newspaper and a newspaper of general circulation in the City of a notice of the time and place of hearing, stating the general nature of the Project and an estimate of the principal amount of bonds or other obligations to be issued to finance the Project and stating that a draft copy of the proposed Application to the Commissioner of Securities, ~ together with all attachments and exhibits thereto, shall be available for I public inspection at the office of the City Clerk, in the City Hall, Maplewood, Minnesota, at all times between the hours of 8:00 a.m. and 5:00 p.m. each day except Saturdays, Sundays and holidays to and including the day of hearing; I and all parties who appeared at the public hearing were given an opportunity to i express their views with respect to the proposal. 3. It is hereby found, determined and declared that the purpose of the Project is and the effect thereof will be to promote the public welfare by the ~ attraction, encouragement and development of economically sound industry, ag- riculture and commerce so as to prevent, so far as possible, the emergence of blighted and marginal lands and areas of chronic unemployment; the retention and development of industry to use the available resources of the community, in order to retain the benefit of their existing investment in educational and ~ public service facilities, by halting the movement of talented and educated personnel of mature age to other areas and thus preserving the economic and human resources needed as a base for providing governmental services and facil- ities; the more intensive development of land available in the area; and the more intensive development of land available in the area to provide a more ~ adequate tax base to finance the cost of governmental services in the City, 1 County, and School District where the Project is located. 4. The Partnership has entered into preliminary discussions with Dougherty, Dawkins, Strand & Edstrom, Inc. as Underwriter, and the Underwriter has reported that the Project and the sale of bond therefor are feasible. 5. The Project is hereby given preliminary approval by the City subject to approval of the Project by the Commissioner of Securities and subject to final J approval by this Council and by the purchasers of any bonds to be issued and as to the ultimate details of the Project. I 6. In accordance with Section 474.01, Subd. 7, Minnesota Statutes, the Mayo1- ~ the City Clerk, and such other officers and representatives of the City as may from time to time be designated are hereby authorized and directed to submit the proposal for the Project to the Commissioner of Securities and request her approval thereof, and the Mayor, the City Clerk and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with such pre- liminary information as she may require. The Partnership, Messrs. Faegre & Benson as bond cousel, the Underwriter, the City Attorney, and other City officials are also authorized to initiate the preparation of a proposed loan agreement, lease agreement, mortgage and such other documents as may be nec- 1 essary or appropriate to the Project so that, when and if the proposed Project is approved by the Commissioner and this Council gives its final approval thereto, the Project may be carried forward expeditiously. 7. The Partnership has agreed to pay any and all costs incurred by the City in connection with the Project whether or not the Project is approved by the Commissioner and whether or not the Project is carried to completion. 'II 8. The Partnership is hereby authorized to enter into such contracts, in its own name and not as agent for the City, as may be necessary for the construct- ion of the Project by any means available to it and in the manner it determines without advertisement for bids as may be required for the acquisition or con- " struction of other municipal facilities, but the City shall not be liable on any such contracts. Seconded by Mayor Greavu. Ayes - all. 4. Preliminary Plat/P.U.D. Goff's Mapleview Addition - 8:15 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding a request by Mr. Pat Goff for a special use permit and land subdivision plat for property located at Lot 12 and W 1/2 of Lot 13, W.H. Howards Garden Lots, south of County Road C, east of Duluth Street. The Clerk noted the dates of publication and stated the hearing notice was found to be in order. b. Manager Evans presented the staff report. c. Chairman Les Axdahl presented the following. Planning Commission recommendation: "Commissioner Ellefson moved the Planning Commission recommend to the City Council approval of the planned unit development for block one,subject to a building permit being taken out for the first unit within two years of PUD approval. Council may renew the PUD if no substantial changes have occurred that would have a negative impact on the project, the City, or the surrounding area. The Com- mission also recommends approval of the preliminary plat for block 1, with the option of platting lots 1 - 3, block 1 in the first phase, subject to the follow- ing conditions: 1. The final plat shall not be approved, until: a. A signed developer's agreement is submitted to the Director of Public Works for any platting south of lots 1 - 3, block 1. The agreement shall include the dedication of a 12 foot wide trail easement and construction of a ten foot wide asphalt trail and 42 inch chain link fence on both sides, between lots 15 and 16, block 1 and a six foot wide trail easement from the northern most corner of lot 16 to a point 81 feet south. The design of the trail is subject to the approval of the Director of Com- ~ munity Services. - 9 - 8/7 i { b. Approval of the final grading and drainage plans by the Director of public works, giving special attention to recommendations of the Soil Conservation Service. '~i ~ c. Council reordering the English Street project, except for lots 1 - 3, block 1. 2. The proposed frontage road right-of-way and sewer easements shall be dedicated along with the first phase of development. 1 3. The land south of the drainage easement line shall be designated as an outlot ~ and deeded to the City. Further, the Commission recommends denial of the PUD and plat for block 2, on the basis that it is not consistent with the Land Use Plan or adjacent zoning. The Planning Commission requests the Council initiate a rezoning for proposed block 2 from R-1 to LBC, Limited Business Commercial. Commissioner Barrett seconded. Commissioner Pellish moved an amendment to condition 1. a. of the preliminary plat, in lieu of the words "chain link fence", insert "or such other suitable methods as the Director of Community Services approves". Commissioner Whitcomb seconded. Ayes - all. Voting on the motion as amended: Ayes - 9 Nays - 1 (Chairman Axdahl)" d. Mr. Pat Goff, the applicant, spoke on behalf of the proposal. e. Mayor Greavu called for proponents and opponents. The following voiced their opinions and concerns: Ms. Louise Hanover; Mrs. Ted Leigh, 2591 Clarence Street; Mr. Jim Fenton, 1216 E. County Road C Mr. Geno Pitera, 1314 E. County Road C. f. Mayor Greavu closed the public hearing. ~ g. Councilman Nelson introduced the following resolution and moved its adoption: 80-8- 204 WHEREAS, the Council of the City of Maplewood, acting on its own initiative as provided under Section 911.101 of the Municipal Code of the City of Maplewood, for the property described as follows: Lot 12 and W 1/2 of Lot 13, W.H. Howards Garden Lots (South of County Road C, east of Duluth Street) which has been proposed for Special Use Permit. ,i i - 10 - 8/7 WHEREAS, a public hearing was held on August 7, 1980 at 8:00 P.M. in the City Hall, notice thereof having been duly published in the official City newspaper, and notices of said hearing having been mailed to all property owners of record within 300 feet of the area proposed for Planned Unit Development to construct 26 double dwellings (52 units); and WHEREAS, the City Planning Commission has made its recommendations; and WHEREAS, it appears for the best interest of the public that said Special Use Permit be granted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the petition for the above described Special Use Permit for Planned Unit Development to construct 26 double dwellings (52 units) be granted, subject to all conditions contained in the staff and Planning Commission reports. Seconded by Mayor Greavu, Ayes - all. h. Councilman Nelson moved to approve the commencing of building on the first three lots adjacent to County Road C and approved the Goff's Mapleview Addition preluminary plat subject to the conditions presented in the staff report. Seconded by Mayor Greavu. Ayes - all. G. AWARD OF BIDS 1. Winter Sand/Salt Blend a. Manager Evans stated only one bid was received. Proper publication was ` accomplished and specifications were forwarded directly to four other suppliers, The City has conducted business with this firm in the past, and found both their products and service to be satisfactory. Award is recommended. b. Mayor Greavu introduced the following resolution and moved its adoption: 80-8-205 BE IT RESOLVED BY THE CZTY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of J. L, Shiely Company, St. Paul, Minnesota, in the amount of $6.60 per ton ($8.50 per ton delivered), is the lowest responsible bid for the provision of winter sand/salt blend, 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. Seconded by Councilman Anderson. Ayes - all. 2. Regular Gasoline, Lead Free and Diesel Fuel a. Manager Evans stated specifications were mailed to seven oil companies. Two of these companies responded with letters indicating "No Bid". In light of the above, it is recommended that the Council extend the emergency declaration under which purchases have been made for the past year. However, staff will attempt to secure bids thru the normal bidding process for each tanker load delivered. - 11 - 8/7 b. Councilman Anderson introduced the following resolution and moved its adoption: 80-8-206 WHEREAS, it is advisable, expedient, and necessary that the City of Maplewooc Minnesota be provided with adequate supplies of motor gasoline and diesel fuel; and WHEREAS, because of uncertain market conditions and continued price fluctu- i ations the only response to bid advertisements, duly publicized and specified, was "No Bid"; 'i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the emergency declaration for fuel purchases be and is hereby extended. Seconded by Mayor Greaw. Ayes - all. i H. UNFINISHED BUSINESS 'J None. I. VISITOR PRESENTATION 1. Mr. Glenn Becklund, 2325 Linwood Avenue a. Mr. Becklund questioned when the proposed Dorland improvement is going to be started. I i b. Staff stated they are waiting for the developer to sign the necessary devel- opers agreement and to complete the conditions of that agreement. J. NEW BUSINESS 1. Special Exception: 2555 Hazelwood Avenue Growing Room a. Manager Evans presented the staff report. b. Chairman Les Axdahl presented the following Planning Commission report: "Commissioner Prew moved that the Planning Commission recommend to the City Council approval of the special exception for Growing Room to operate a day care center at 2555 Hazelwood for one year. If no nuisance condition exists at the end of one year, the permit may be renewed for five years, thereafter, renewal shall be subject to City approval every five years. Approval is based on the following findings: 1. The proposal is consistent with the intent, of the City Code. 2. The proposal will not substantially change or detract from the use of the neighboring or subject property; j 3. The proposal is in the best interests of the community and public welfare. Commissioner Barrett seconded. Ayes - all." 'i 'I - 12 - 8/7 c. The applicants, Betty Felipse, 1610 Chambers Street and Betty Benjamin, 2367 Larpenteur Avenue, spoke on behalf of their proposal. d. Councilman Anderson moved to approve the special exception requested by Betty Felipse and Betty Benjamin to operate a day care center (in a Farm Residence District) at the Holy Redeemer Church, 2555 Hazelwood Avenue, subject to the staff and Planning Commission recommendations. Seconded by Mayor Greavu. Ayes - all. 2. Special Exception:Highway 61, South of County Road C - Hess Kline a. Manager Evans presented the staff report. b. Chairman Les Axdahl presented the following Planning Commission recommendation: I~ "Commissioner Prew said since the existing zone is M-1, and the ,proposal is a less concentrated usage in the form of the Business Commercial, and since the site plan and access can be worked out according to staff recommendations, he moved that the Planning Commission recommend to the City Council approval of the special exception contingent upon: 1. Council lifting the building and water moritorium or water being extended to the site; and 2. The drive to Highway 61 shall be closed and access limited to the proposed front- - age road at the owner's expense upon completion of the frontage road. Commissioner Barrett seconded. Ayes all." c. Mr. Mark Parranto, architect, spoke on behalf of the development. d. Mr. Robert Miggler, 2444 Maplewood Drive, presented his opinions of the proposal and asked questions of the Council. e. Councilman Anderson moved to approve the special exception to operate a Datsun dealership in an M-1 Light Manufacturing District as requested by Mr. Hess Kline subject to the following conditions: 1. Water being extended to the site; _ 2. The drive to Highway 61 shall be closed and access limited to the proposed frontage road at the owners expense upon completion of the frontage road. Seconded by Councilman Bastian. Ayes - all. 3. Accounts Payable Councilperson Juker moved that the accounts (Part I - Fees, Services, Expenses- Check No. 004491 through Check No. 004561 - $127,645.45; Check No. 006304 through Check No. 006532 - $194,165.00: Part II, Payroll Check No. 25109 through Check No. 25037 - $57,086.42) in the amount of $378,896.87 be paid as submitted. Seconded by Councilman Anderson. Ayes - all. 'K. COUNCIL PRESENTATIONS 1. Developer's Association - 13 - 8/7 _ a. Councilman Anderson requested staff inquire of the Developer's Association i ~ if they are going to reactivate the regular meetings. ~ ~ j 2. Special Use Permit for R-2 i a. Councilman Anderson questioned what is going to happen with the moratorium i on special use permits for R-2 in an R-1 district. i ;j b. Councilman Anderson moved to refer the matter to the Planning Commission for i review. a Seconded by Councilperson Juker. Ayes - all. 3. Henjy Special Use Permit ;I a. Councilman Anderson questioned if special use permit for Hejny goes with 1, the owner or the property. b. Staff stated the special use permit goes with the property. I 'I Mayor Greavu moved to extend the meeting past the 11:30 deadline, Seconded by Councilperson Juker. Ayes - Mayor Greavu, Councilperson ~ Juker, Councilmen Anderson and Nelson. Nays - Councilman Bastian. 4. Maplewood Plan - White Bear Avenue a. Councilman Anderson questioned how a residential area could be made an LBC district in the Comprehensive Plan. He feels something should be done with White Bear Avenue from Frost to Larpenteur Avenue. b. Councilman Anderson questioned how the Council can help Mrs. Clifford for her lot division and variance that Council had denied. He also stated the Land Use Plan for White Bear Avenue should be changed to Residential Single Family. 1 c, Councilman Anderson moved to refer the questions raised by him to the Plan- ning Commission for investigation. Seconded by Councilperson Juker. Ayes - all. 5. Council Actions a. Councilman Anderson is concerned about some of Council actions. He feels as a Council we have to take stronger action. 6. Highway 120 a. Mayor Greavu stated he had received a letter from Ramsey County regarding ~ Highway 120. He feels Council should hold a hearing and get rid of that small piece of property (just north of I-94 on the east side of Highway 120). b. Staff will contact 3M and see if they are interested. I „ , I I i `1 j 7. Letter - League a, Mayor Greavu stated he received a letter from the League regarding the possibilities of their building a new facility. i b. Staff will present copies for the Council. 8. Beam Avenue a. Mayor Greavu asked the City Attorney if the City was going to appeal the recent Court decision regarding Beam Avenue. b. City Attorney Lais stated the 30 day appeal period has just started and Attorney John Hannigan will begin the appeal procedures. ~ L. ADMINISTRATIVE PRESENTATIONS 1 None. I M. ADJOURNMENT 11:50 P,M. I p ~jJ(//J ~ - City Clerk ~i i I'` d I 1 - 15 - 8/7