HomeMy WebLinkAbout04.15.82 Board of Appeals and AdjustmentsMINUTES OF BOARD OF APPEALS AND ADJUSTMENTS
7:00 P.M., Thursday, April 15, 1982
Council Chambers, Municipal Building
Meeting No. 82 -1
A. CALL TO ORDER
A meeting of the Maplewood- Board of Appeals and Adjustments was held in the Council
Chambers, Municipal Building and was called to order at 9:53 P.M. by Chairman Bastian.
B. ROLL CALL
Gary W. Bastian, Chairman - Present
Norman G. Anderson Present
John C. Greavu Present
Frances L. Juker Present
MaryLee Maida Present
C. APPROVAL OF MINUTES
None.
D. PUBLIC HEARINGS
1. Variances: Keller Parkway - Anderson.
a. Chairman Bastian stated the Council had denied the Preliminary Plat and lot
division as requested by Mr. Anderson for the Gervais Overlook project. The Board
accepted the report regarding the variances for this project.
Chairman Bastian recessed the meeting at 9:54 P.M.
Chairman Bastian reconvened the meeting at 10:51 P.M.
2. Variances: 2010 Clarence - Street - Caron and DuFresne
a. Chairman Bastian convened the meeting for a public hearing regarding the request
of Anthony Caron and Wendy DuFresne for a lot area variance to construct a double
dwelling on an undersized lot. The Clerk stated the hearing notice was found to
be in order and noted the dates of publication.
b. Mr. Caron, 2010 Clarence Street, the applicant, spoke on behalf of his request.
C. Chairman Bastian called for proponents. None were heard.
d. Chairman Bastian called for opponents. None were heard.
e. Chairman Bastian closed the public hearing.
f. Councilmember Juker moved to approve the lot area variance of 355 square feet
as requested by Anthony Caron and Wendy DuFresne. 2010 Clarence Street, based on
oiiowin2 rinain2s:
1. The lot is irregular in shape.
2. The variance is relatively small.
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Seconded by Councilmember Anderson. Ayes — all.
CONSENT AGENDA
Council removed Items E -2, 4 and 10 to become Items J 4, 5 and 6.
Mayor Greavu moved, seconded by Councilmember Juker, Ayes — all, to approve the Consent
Agenda Items 1, 3, 5 through 9 and 11 as recommended:
1. Accounts Payable
Approved the accounts (Part I, Fees, Expenses, Services, Check No. 00267 through Check
No. 00326 — $132,314.46; Check No. 012927 through Check No. 013018 — $157,646.74, Part
II —Payroll Checks 03493 through Check No. 03609 — $54,398.21) in the amount of
$344,359.41.
2. See J -4
3. Temporary Gambling License: Presentation Church
Approved a temporary gambling permit as requested by Presentation Men's Club to have
a raffle and tip board on April 25, 1982.
4. See J -5.
5. 1981 Annual Financial Report and Audit
Establish May 4, 1982 as the date to meet with Mr. Robert Voto, Voto DeLaHunt, to discuss
the report as presented.
6. Cancellation of Developers Charges: Kennard Storm Sewer
Authorized a transfer from the General Fund to the Special Assessment Fund to eliminate
the deficit of $134 that exists for Project 80 -18.
7. State Aid Transfer: Maryland Avenue Project East County Line Fire Station
Authorized retroactive to August 1981 a transfer of $4,544.52 from the City's Street
Construction State Aid Fund to the Special Assessment Fund to cover the cancellation
of the East County Line Fire Department special assessment for Maryland Avenue Project.
8. Paramedic Bill: Application for Cancellation
Cancelled the paramedic bill for Charles E. Feldt.
9. Time Extension: Beaver Lake Hills
Approved a one year time extension for the Beaver Lake Hills Preliminary Plat and Planned
Unit Development subject to all the original conditions.
10. See J -6
11. Easements: Project 78 -10
Approved payment of $11,500.00 to Mr, and Mrs. Kenneth Benson for permanent ponding
easements for Hillwood Dorland Project 78 -10.
— 2 — 4115
F. PUBLIC HEARINGS
1. Holloway — Sterling Improvement Project 7:00 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the Improvement
of Holloway Avenue from Beebe Road to Century and from Holloway Avenue South approxi-
mately 600 feet on Sterling Street by construction of streets, watermain, sanitary
sewer, storm sewers and appurtenances. The Clerk stated the hearing notice was
in order and noted the dates of publication.
b. Mr. Don Christopherson, Short Elliott and Hendrickson, Consulting Engineers,
presented the specifics of the proposal.
C. Assistant City Engineer Dave Pillatzke, presented the specifics of the costs
for the proposal.
d. Mayor Greavu called for proponents and opponents. The following area residents
voiced their questions and opinions:
Paul Hemmelgarn, 1892 Sterling
Donald W. Andersen, Jr., 1886 Sterling
Mrs. Rose F. Westbrock, 1900 Furness -
Robert Baker, 2590 Holloway
Ron Fischer, 2580 Holloway
Terry Ahrens, 2276 E. Holloway
Carl W. Telfin, 2572 Holloway
Resident, 1860 Sterling
Bill W. Nyquist, 2510 Holloway
Francis J. Reginek, 2520 Holloway
e. Mayor Greavu closed the public hearing.
f. Councilmember Anderson introduced the following resolution and moved its adoption:
82 -4 -42
WHEREAS, after due notice of public hearing on the construction of streets,
sidewalks, storm sewer, watermain, sanitary sewer and appurtenances on Holloway
Avenue, a hearing on said improvement in accordance with the notice duly given
was duly held on April 15, 1982, and the Council has heard all persons desiring
to be heard on the matter and has fully considered 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 streets, sidewalks, storm sewer, sanitary sewer, watermain and
appurtenances on Holloway Avenue from McKnight Road to Century Avenue as
described in the notice of hearing thereon, and orders the same to be made.
2. That the Mayor and City Manager enter into a Joint Powers Agreement with
the City of North St. Paul and Ramsey County for the engineering, construction,
financing and maintenance of the ordered improvements.
3. The City Engineer is designated engineer for this improvement and is hereby
directed to prepare final plans and specifications for the making of said
improvements.
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Seconded by Councilmember Juker. Ayes.— all.
g. Councilmember Bastian introduced the following resolution and moved its adoption:
82 -4 -43
WHEREAS, after consideration of citizens' requests, during the April 15, 1982
public hearing for consideration of street widening on Holloway Avenue (County
Road No. 119), to place stop signs at certain locations on said roadway to regulate
traffic; and
WHEREAS, the reconstruction and street widening of Holloway Avenue between
McKnight. Road and Century Avenue to 46 feet; was ordered as a joint powers project
between the City of Maplewood, the City of North St. Paul and Ramsey County; and
WHEREAS, the imposing of said stop signs will regulate traffic and would be
of significant safety benefit adjacent to Maplewood Junior High School; and
WHEREAS, the street involved is owned and maintained by Ramsey County;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
as follows:
The City Council requests Ramsey County to install and maintain all —way stop
signs at the following intersections:
1. Holloway Avenue at Lakewood Drive
2. Holloway Avenue at Margaret Street
Seconded by Councilmember Juker. Ayes — all.
h. Councilmember Anderson introduced the following resolution and moved its adoption:
82 -4 -44
WHEREAS, after due notice of public hearing on the construction of streets,
storm sewer and appurtenances on Sterling Street, a hearing on said improvement
in accordance with the notice duly given was held on April 15, 1982, and the Council
has heard all persons desiring to be heard on the matter and has fully considered
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 street, storm sewer, and appurtenances on Sterling Street from
Holloway Avenue to Ripley Avenue, with cul —de —sac at the southerly most
terminus with walkways provided on the easterly and westerly perimeters
of said cul —de —sac.
2. That sidewalk be deleted along its entire length.
3. That the cost sharing of the street costs be split with an apportionment
of 50 percent to the City of Maplewood and an apportionment of 50 percent
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to the City of North St. Paul the sum of which shall total 100 percent
of the street project cost.
4. That the Mayor and City Manager enter into a Joint Powers Agreement with
the City of North St. Paul for the engineering, construction, financing
and maintenance of the ordered improvements. -
5. That the City Engineer is designated engineer for this improvement and
is hereby directed to prepare final plans and specifications for the making
of said improvements.
Seconded by Councilmember Juker.
Ayes - al -1_:
2. Preliminary Plat and Lot Division: Keller Parkway - Anderson (continuation of
hearing) 7:15 P.M.
a. Mayor Greavu stated this hearing was acontinuation of the public hearing from
the meeting of March 18, 1982.
b. The applicants, Mr. Frank Frattalone, 3205 Centerville Road and Mr. Richard
'Anderson, 2830 Keller Parkway, spoke on behalf of their proposal.
C. Mayor Greavu called for persons who wished to be heard for or against the pro-
posal. The following were heard:
Mr. Bill Rethke, 2828 Keller Parkway
Mrs. Judy Rethke, 2828 Keller Parkway
d. Mayor Greavu closed the public hearing.
e. Mayor Greavu moved to approve alternate No. 4
and utilities) for the Gervais Overlook nrelimina
Seconded by Councilmember Maida.
f. Councilmember Bastian moved to
Preliminary Plat for the applicant
That drainage plans and representat
of the Council; that the seelyevill
not been shown to be suitable for b
soil that would be required for mee
lots with a
t.
Ayes - Mayor Greavu, Councilmember Maida
Nays - CouncilmembersAnderson, Bastian and
Juker.
ny Alternate No. 4 for the Gervais Overloo
t resides at 2830 Keller Parkwav on the ba
muc
is a finding that the preliminary plat d
of the neighborhood; also, it does not t
not protect the environment of the area.
not adequately proven to the desires
hich would have to be removed, has
it is not known the extent of the uns
ding code requirements; and that ther
not necessarily meet the character
into consideration the needs and does
Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson, Bastian and
Juker.
Nays - Mayor Greavu and Councilmember Maida.
Councilmember Bastian then moved that with the rejection of the preliminary plat,
this subject matter be referred to the City Planning Commission, who shall consiZ
the following factors when preparine a recommendation for the Council to act on
- 5 - 4/15
is moved to deny the lot division.
Mayor Greavu recessed the meeting to convene as the Board of Adjustments and Appeals at 9:53
P.M.
Mayor Greavu reconvened the meeting at 9:54 P.M.
3. P.U.D. Preliminary Plat and Easement Vacation —Leonard's Oak Hills No. 5 7:30 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request of
William Leonard for approval of a preliminary plat, planned unit development and vacation
of a drainage easement for Leonard's Oak Hills No. 5. The Clerk stated the notice of hearing
was found to be in order and noted the dates of publication.
b. Manager Evans presented the staff report.
c. Mr. William Leonard, the applicant, spoke on behalf of the proposal.
d. Mr. Dale Hamilton, Consulting Engineer, Suburban Engineering, presented the specifics
of Mr. Leonard's proposal.
e. Mayor Greavu called for persons who wished to be heard for or against the project. The
following were heard:
Mr. Tom Cramer, 2312 Phylis Court, asked questions regarding the proposal.
f Mayor Greavu closed the public hearing.
Councilman Juker moved to extend the meeting past the deadline.
Seconded by Mayor Greavu. Ayes — all.
g. Councilmember Maida moved to approve the Leonard's Oak Hills No. 5 Planned Unit
Development with the following conditions:
1. Omit double dwellings on Lot 12, Block 6, Lots 1 and 5, Block 5; Lots 1 and 2, Block 4,
Lot 3, Block 2 and Lot 5, Block 1.
2. A double dwelling be approved for the easterly lot on Highwood Avenue.
3. This PUD shall be void unless the plat is filed in one year or unless Council grants a time
extension.
Seconded by Mayor Greavu. Ayes — Mayor Greavu; Councilmember
Anderson, Bastian and Maida.
Nays — Councilmember Juker.
h. Councilmember Mazda moved to approve the Leonard's Oak Hills No. 5 preliminary plat
subject to the following conditions:
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1 -. A developer's agreement to be signed for the construction of all public improve-
ments, including bike trails and erosion control measures;
- 2. Final grading, drainage and utility plans to be submitted and approved by the
City Engineer. The plan shall include extending the storm sewer pipe to the
east line of the plat;
3. Deed outlet A to the City;
4. Construct an eight -foot wide asphalt trail in front of block 6, lots 12 -15
and from the end of the northerly cul -de -sac, along lot 1, block 1 to the north
line of the plat;
5.,..Combine lots 12, 13,.14 and_15,..blotk 6 and divide into - three - '.lots:;
6. Submit an erosion control plan for approval, which considers recommendations:
from the Soil Conservation Service;
7. Name the through street, "Leonard Lane" the northerly cul -de -sac and stub,
"Lakewood Court" and the east -west cul -de -sac and stub "Valley View Court"
and "Valley View Drive ";
8. Dedication of utility and drainage easements, as required by the City Engineer;
9. Readjust lot line of northerly cul -de -sac 100 feet south as presented by staff;
10. Attorney to approve covenants for square footing for floor area.
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson,
Bastian and Maida.
Nays - Councilmember Juker.
i. Councilmember Maida introduced the following resolution and moved its adoption:
82 -4 -45
WHEREAS, Bill Leonard has initiated these proceedings to vacate the public
interest in the following described real property:
Drainage Easement over the Northwest Quarter (N.W. 1/4), Section 13, Township
28 North, Range 22 West, City of Maplewood, Ramsey County, Minnesota, centerline
described as follows:
(For the purpose of the following legal description the east and west one - quarter
line in Section 13 is assumed to have a bearing of due east - west).
Beginning at a point 26.0 feet north of and 550.0 feet east of the west one -
quarter corner of section 13, townshin 28, north, range 22 west, City of Maplewood,
Ramsey County, Minnesota; thence N 520 33' 30" E., a distance of 220.41 feet,
(easement to this point being 60 feet on either side of the centerline, as
measured at right angles to said centerline); thence N 710 52' 41" E, a distance
of 80.0 feet, (easement to this point being 60 feet on either side of the centerline,
as measured at right angles to said centerline); thence continuing N 710 52'
41" E, a distance of 80.0 feet, (easement to this point being 60 feet on either
side of the centerline, as measured at right angles to said centerline); thence
continuing N 710 52' 41"E,. a distance of 200.0 feet, (easement to this point
being 50 feet on either side of the centerline, as measured at right angles
to said centerline); thence continuing N 710 52' 41" E, a distance of 9.35
feet; thence N 88 21' 28" E; to the intersection with a line described as follows:
beginning 1002.07 feet east of the west one - quarter corner of said section
13; thence N 00 12' 42" E, a distance of 400' and there terminating (easement
to this point being 80 feet on either side of the centerline as measured at
right angles to said centerline).
WHEREAS, the procedural history of the vacation application is as follows.:
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1. That an application for vacation was initiated by Bill Leonard on the 19th
day of October, 1981;
2. That a majority of the owners of property abutting said easement have signed
a petition for the above - described vacation;
3. That said vacation has been referred to and reviewed by the Maplewood Plan-
ning Commission on the 15th day of March, 1982 and referred back to the
Maplewood City Council with the recommendation of approval.
4. That pursuant to the provisions of Minnesota Statutes, Section 412.851
a public hearing was held on the 15th day of April, 1982 preceded by two -
weeks published and posted notice at which meeting the City Council heard
all who expressed a desire to be heard on the matter, considered the Plan-
ning Commission recommendation and staff reports.
. WHEREAS, upon vacation of the above - described easement public interest in the
property will accrue to the following described abutting properties:
The easterly 197 feet of the southwest quarter (SW 1/4) of the southwest quarter
(S W 1/4) of the Northwest quarter (NW 1/4) of Section Thirteen (13),. Township
Twenty- eight(28), Range twenty -two (22), subject to the rights of the public
in highways,
All that part of the east one -half (E 1/2) fo the southwest quarter (SW 1/4)
of the northwest quarter (NW 1/4) fo section thirteen (13), township twenty -
eight north, (28No) range twenty -two west (22W) described as follows:
Beginning at the southwest corner thereof running thence north 591.75 feet
to a point, thence east 348.17 feet to a point which is 591.85 feet north of
the south line of said northwest quarter (NW 1/4), thence south 591.86 feet
to a point in the south line of said northwest quarter (NW 1/4) 347.11 feet
east of the place of beginning, thence west 347.11 feet to place of beginning.
Subject to public roads.
NOW, THEREFORE, BE IT RESOLVED, that the Maplewood City Council finds that
it is in the public interest to grant the above - described vacation on the following
findings of fact: -
1. The easement serves no public purpose, with the realignment and construction
of a -storm sewer pipe.
2. New easements for the storm sewer pipe have been dedicated.
BE IT FURTHER RESOLVED, that the City Clerk be and hereby is directed to prepare
a notice of completion of the proceedings pursuant to the provisions of Minnesota
Statutes, Section 412.851 and shall cause the same to be presented to the County
Auditor for entry in his transfer records and that the same shall be thereafter
filed with the Ramsey County Recorder.
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmember Anderson,
Bastian and Maids.
Nays - Councilmember Juker.
4. Rezoning: 2010 Clarence Street -Caron and DuFresne (continuation of hearing)
a. Mayor Greavu stated this hearing was continued from the April 1, 1982 meeting.
b. Mr. Caron, one of the applicants, spoke on behalf of the proposal.
C. Mayor Greavu called for proponents. None were heard.
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d. Mayor Greavu called for opponents. None were heard
e. Mayor Greavu closed the public hearing.
f. Councilmember Juker introduced the following resolution and moved its adoption:_
82 -4 -46
WHEREAS, a rezoning procedure has been initiated by Anthony Caron and Wendy
DeFresne for a zone change from M -1, Light Manufacturing, to R -2, Double Dwelling,
for the following described property:
Lot 11, Block 10 and accruing vacated street and alley, Gladstone.
Addition, Section 15, Township 29, Range 22
WHEREAS, the procedural history of this rezoning procedure is as follows:
1. That a rezoning procedure has been initiated by Anthony Caron and Wendy DuFresne,
pursuant to Chapter 915 of the Maplewood Code;
2. That said rezoning procedure was referred to and reviewed by the Maplewood
City Planning. Commission on the 22nd day of February, 1982, at which time said
Planning Commission recommended to the City Council that said rezoning procedure
be approved;
3. That the Maplewood City Council held a public hearing to consider the rezoning
procedure, notice- thereof having been published and mailed pursuant to law;
and
4. That all persons present at said hearing were given an opportunity to be heard
and /or present written statements, and the Council considered reports and re-
commendations of the City Staff and Planning Commission. -
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY
COUNTY, MINNESOTA, that the above described rezoning be granted on the basis of
the following findings of fact:
1. The rezoning is compatible with the Land Use Plan and the use of adjacent
property. -
2. The existing M -1 zone is not compatible with the area.
Seconded by Councilmember Anderson. Ayes - all.
Mayor Greavu recessed the meeting at 10:50 P.M. to reconvene as the Board of Appeals
and Adjustments.
Mayor Greavu reconvened the meeting at 10:55 P.M.
G. AWARD OB BIDS
1. Hillwood Drive - Dorland Road Improvements
a. Manager Evans presented the staff report.
b. Mayor Greavu introduced the following resolution and moved its adoption:-
- 9 - 4/15
82 -4 -47
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the base bid
with deduct for PVC piping of Mueller Pipelines, Inc., in the amount of $677,840.35
is the lowest responsible bid for the construction of Hillwood Drive — Dorland
Road — Linwood Avenue, Streets, Utilities and Drainage Improvements (Project No.
78 -10), and the Mayor and City Clerk are hereby authorized and directed to enter
into a contract with said bidder for and on behalf of the City.
Seconded by Councilmember Anderson
H. UNFINISHED BUSINESS
Ayes — Mayor Greavu, Councilmembers Anderson,
Suker and Maida.
Nays — Councilmember Bastian.
1. Adolphus Street Trunk Sewer Replacement
a. Manager Evans presented the staff report.
b. Councilmember Anderson introduced thefollowinQ resolution and moved its adoption:
82 -4 -48
WHEREAS, pursuant to resolution passed by the City Council on February 10,
1982, plans and specifications for Adolphus Street Sanitary Sewer Trunk Replacement,
Project No. 81 -4, have been prepared by (or 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,
MINNESOTA:
1. Such plans and specifications, a copy of which is 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 advertisement for bids upon the making
of such improvement under such approved plans and specifications. The
advertisement shall be published twice, at least three weeks before 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 10:00 a.m.
on the 14th day of May, 1982, 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 5% 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 May 20, 1982.
Seconded by Councilmember Maida. Ayes — all.
2. Memorial Day Opening: Off Sale Liquor — 2nd Reading
a. Manager Evans presented the staff report.
— 10 — 4/15
b. Mayor Greavu introduced the following ordinance and moved its adoption:
ORDINANCE NO.. 513
An Ordinance Amending Chapter 703 of the Municipal Code of Maplewood
Concerning the Sale of Liquor and Beer
THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. That Section 703.150 is hereby amended to read as follows:
703.150. OPERATION HOURS. No "on sale" sale of liquor shall be made on Monday
before eight o'clock A.M., and no such "on sale" sales shall be made on Tuesday,
Wednesday, Thursday, - Friday or Saturday between the hours of one o'clock A.M. and
eight o'clock A.M., and on Sunday no such "on sale" sale shall be made between
the hours of one o'clock A.M. and twelve o'clock midnight, except as may be otherwise
provided, nor shall such "on sale" sale be made at any time on Christmas Day.
No "Off sale" sale ofsuch liquor shall be made before eight o'clock A.M. or
after eight o'clock P.M. on Monday, Tuesday, Wednesday, Thursday or Friday, and
before the hour of eight o'clock A.M. or after the hours of ten o'clock P.M. on
Saturday, and no such "off sale" sales of liquor shall be made at any time on Sunday.
No "off sale" shall be made on New Years Day, January 1; Independence Day, July
4, Thanksgiving Day; or Christmas Day, December 25; but on the evenings preceding
such days, notwithstanding the above provisions, off sales may be made until ten
o'clock P.M.; except that no "off sale" shall be made on December 24 after eight
o'clock P.M.
In addition to the foregoing regulations, no "on sale" sales of liquor shall
be made between the hours of eight o'clock A.M. and three o'clock P.M? on the last
Monday of May.
No "on sale" licensee shall permit any person to consume any liquor on his
premises except within the hours when the sale of such liquor is permitted; provided,
however, that in the case where such "on sale" license is operated in a bona fide
club organized under Minnesota Statutes, Chapter 317, which has been in continuous
operation for a period of five years prior to the enactment of this ordinance,
liquor may be consumed in the club during the horus when sale of intoxicating liquor
is not permitted on condition the club is open only to its members, ceases operations
no later than one o'clock on any night, limits its sales during such time to non—
intoxicating beverages, and admits law enforcement officers whenever it is in operation.
Section 2. This Ordinance shall take effect upon adoption and publication.
Seconded by Councilmember Anderson. Ayes — Mayor Greavu, Councilmembers Anderson
and Joker.
Nays — Councilmember Bastian and Maida.
3. RE District Side Yard Setback — 2nd Reading
a. Manager Evans presented the staff report.
b. The following persons spoke in favor of the ordinance:
-- Mr. Richard Hagstrom, 2130 Arcade
Mr. Gordon Grant, 2134 Arcade Street
c. Councilmember Bastian moved to approve the ordinance establishi
side yard setback.
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RE district
Seconded by Councilmember Joker. Ayes - Councilmember Anderson, Bastian and
Joker.
Nays - Mayor Greavu, Councilmember Maida.
.Defeated - 4 to 1 vote required.
4. Definition of Family: Code Amendment - 2nd Reading
a. Manager Evans presented the staff report.
b. Councilmember Anderson moved to adopt the ordinance establishing a definition
of family.
Seconded by Councilmember Joker. Ayes - Councilmembers Anderson, Joker and
Maida.
Nays - Mayor Greavu, Councilmember Bastian.
Defeated - 4 to 1 vote required.
5. Definition of Rooming House: Code Amendment - 2nd Reading.
a. No action taken.
I. VISITOR PRESENTATION
None.
J. NEW BUSINESS
1. Special Exception - Home Occupation - 540 Ripley
a. Manager Evans presented the staff report.
b. Mr. Miles Lefebvre, the applicant, spoke regarding his proposal.
C. Councilmember Bastian moved approval of a home occupation permit f
smithing business at 540 Ripley Avenue subject to: -
1. Compliance with the criteria outlined in the Planning Commission Sub - committee.
Report.
2. Approval is granted for one year, after which time the applicant may apply
for a renewal if the business has been compatible with the neighborhood and
all conditions are being met.
3. There should be at least one wall- mounted, ten pound A.B.C. fire extinguisher
provided in the basement work area.
4. Electrical outlets are to be provided in the work area to eliminate the need
for extension cords.
5. There shall be no reloading of ammunition other than for the applicants own
use.
Seconded by Councilmember Joker. Ayes - all.
2. Special Exception: 2095 E. Larpenteur Avenue
a. Manager Evans presented the staff report.
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b. Councilmember Anderson moved to approve the special exception permit to operate
a- waterproofing business at 2095 East Larpenteur for aperiod of time not to exceed -
seven years, after which time the business be terminated. Approval is recommended
on the basis that:
1. The City has not received any complaints about this business from the neighbors.
2. The subject property is not easily visible from Larpenteur Avenue.
Approval is subject to the following conditions:
1. The hours of operation shall be from 8:00 a.m. to 4:30 p.m., Monday through
Friday.
2. The maximum number of employees that may be permitted, other than family members,
is four.
3. There shall be no retail sales from the premises.
4. The business shall not be enlarged.
5. Any parking on Larpenteur Avenue, related to this business, shall be prohibited.
6. After three years, the Council shall review the applicant's operation for com-
pliance with the above conditions.
3. Soo Line Abandonment
a. Manager Evans presented the staff report.
b. Councilmember Bastian introduced the following resolution and moved its adoption:
82 -4 -49
WHEREAS, the Soo Line has received approval from the Interstate Commerce Com-
mission to abandon a 7.86 mile rail line which runs approximately from Interstate
35E and Arlington Avenue in St. Paul to Interstate 694 and County 68 in Oakdale;
and
WHEREAS, the Interstate Commerce Commission has granted a 120 -day public use
negotiation period, during which public bodies only may negotiate for purchase
of the corridor; and
WHEREAS, staff from nine governmental unts, including Minnesota Department
of Natural Resources, Minnesota Department of Transportation, Ramsey county, Washing-
ton County, City of Maplewood, City of North St. Paul, City of Oakdale, City of
St. Paul, and Metropilitan Council, have reviewed the corridor and made aprelimin-
ary determination that there is potential for public use of approximately 60% of
the corridor; and
WHEREAS, if no action is taken by the governmental units during the 120 -day
period, it is likely that the corridor will become a "no man's land" in which un-
desirable activities will develop, as has occurred in other areas; and
WHEREAS, if no action is taken during the 120 -day period, it is likely that
small parcels in the corridor will be sold to separate parties, rendering impossible
any future continuous use of the corridor; and
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WHEREAS, it is not feasible to develop -a comprehensive land use plan for the
corridor and for each governmental unit to obtain the funds necessary to acquire
portions it may wish to use during the short 120 -day negotiation period; and
WHEREAS, the Soo Line has indicated informally that it would prefer to work
with a single purchaser for the corridor; and
WHEREAS, the most practical approach to a planned use of the corridor would
be a joint effort of the several governmental units to purchase the entire corridor,
develop a comprehensive, coordinated plan, and then resell to the individual units
and to private parties the appropriate parcels for various uses; and
WHEREAS, considerable work as to legal and financial feasibility will be required
before this approach can be implemented;
NOW, THEREFORE, BE IT RESOLVED, by City Council of Maplewood, Minnesota, that:
1) Maplewood will participate in further development of this approach and will
appoint one or more elected officials or staff persons to represent it on a
working task force, the recommended composition of which will be developed
by staff and presented to the City Council when all of the participating entities
have acted on this proposal;
2) Staff of Maplewood is authorized to participate in initial discussions and
negotiations with the Soo Line in order to determine the available options;
3) Staff of Maplewood is authorized to participate in seeking funds and assistance
from outside sources for purposes of undertaking the initial legal and financial
feasibility work;
4) This Resolution does not constitute any commitment by Maplewood to provide
any funds for development of this approach to acquisition of the corridor nor
any commitment to acquire any portion of the corridor. It is understood that
the task force to be created will present the results of the discussions and
investigations herein authorized to City Council for further action when com-
pleted.
Seconded by Councilmember Anderson. Ayes - all.
4. Findings of Fact:. Hillwood Drive - Dorland Road
a. Manager Evans presented the staff report.
b. Mayor Greavu moved to ratify the findings of fact for the Hillwood Drive - Dorland
Road Improvement 78 -10 assessments resulting from the March 10, 1982 special meeting.-
Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers Anderson,
Juker and Maida.
Nays - Councilmember Bastian.
5. Contract for Park Master Plans
a. Manager Evans presented the staff report..
b. Councilmember Juker moved to deny the request to hire a consultant to develop
a master plan for Gladstone, Hillside and Pleasantview Parks.
Seconded by Councilmember Maida. Ayes - all.
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6. Payrates for Emergency Preparedness Personnel
a. Manager Evans presented the staff report.
b. Councilmember Bastian moved to approve retroactive to January, 1982 salaries
of $415 per month for the Director of Emergency Preparedness and $250 per month
for the Deputy Director of Emergency Preparedness.
Seconded by Councilmember Anderson. Ayes - all.
K. COUNCIL PRESENTATIONS
1. Home Occupation Permit - Hazelwood
a. Councilmember Joker stated one of the conditions regarding granting a home
occupation permit to Donna Mundon, Hazelwood Street, for her ceramic business was
that there be no parking of her customer's cars on Hazelwood. This condition
is being violated.
b. Councilmember Joker moved to invite Mrs. Mundonto attend the Council meetin
of May 20 to show cause why her home occupation permit should not be revoked.
Seconded by Councilmember Anderson. Ayes - all.
2. Billboards
a. Councilmember Anderson moved that staff prepare an ordinance to ban new construction
of billboards and to place a ten year amorization on existing billboards.
Seconded by Councilmember Joker. Ayes - Councilmembers Anderson, Juker and
Maida.
Nays - Mayor Greavu and Councilmember Bastian.
3 -. C.D.R.B.
a. Councilmember Bastian moved that the Community Design Review Board, appointed
by the Council, evaluate their job functions and report back to the Council by
October 1, 1982 as to their continued existance.
Seconded by Councilmember Anderson. Ayes - all.
4. Human Relations
a. Councilmember Anderson stated the Human Relations Commission is requesting
a staff person as liaison.
b. Councilmember Bastian moved to refer the matter to the Manager.
Seconded by Mayor Greavu. Ayes - all.
Councilmember Joker moved to extend the meeting past the deadline.
Seconded by Mayor Greavu.. Ayes - all..
5. Frost Avenue Plan
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a. Councilmember Anderson stated the County has plans for Frost Avenue. He also
stated with Council permission, he will go door to door to sell the project.
6. Arbor Day Program
a. Councilmember Bastian questioned if the City was planning anything for Arbor
Day.
b. Staff will investigate.
7. Voting Requirements
a. Councilmember Bastian questioned if the Planning Commission could have secret
ballots.
b. Manager Evans stated under the Roberts Rules of Order any organization can
have a secret ballot.
8. 25th Anniversary
a. Councilmember Bastian stated that the Chamber Committee for the City's 25th
Anniversary will meet Monday April 19, at 11:30 A.M. at Hafners.
9. Winter Carnival
a. Mayor Greavu questioned why the City is charging for police services for the
St. Paul Winter Carnival event to be held at Aldrich Arena.
b. Manager Evans stated because the City could not afford to pay the Police Officer
for the extra time needed.
. ADMINISTRATIVE PRESENTATIONS
None.
M. ADJOURNMENT
12:00 Midnight
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City Clerk
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