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HomeMy WebLinkAbout11.14.83MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, November 14, 1983 Council Chambers, Municipal Building Meeting No. 83 -29 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 7:00 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present MaryLee Maida, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes No. 83 -22 (September 12, 1983) Councilmember Anderson moved that the Minutes of Meeting No. 83 -22 (September 12, 1983) be approved as su mit e . Seconded by Councilmember Juker. Ayes - all. 2. Minutes No. 83 - 24 (September 30, 1983) Councilmember Anderson moved that the Minutes of Meeting No. 83 -22 (September 30, 1983) be approved as su mi to . Seconded by Councilmember Juker. Ayes - all. 3. Minutes No. 83 -26 (October 20, 1983) Councilmember Juker moved that the Minutes of Meeting No. 83 -26 (October 20, 1983) be approved as submitte . Seconded by Councilmember Bastian. Ayes - Mayor Greavu; Councilmembers Bastian, Juker and Maida. Councilmember Anderson abstained. 4. Minutes No. 83 -27 (October 24, 1983) Councilmember Maida moved that the Minutes of Meeting No. 83 -27 (October 24, 1983) be approved as submit e . Seconded by Councilmember Bastian. Ayes - all. APPROVAL OF AGENDA Mayor Greavu moved to approve the agenda as amended: 11/14 1. Commissioners Recognition 2. Policy - Assessments 3. Rules of Procedures 4. House Numbers 5. Senior Citizens - Sewer Billing 6. Williams Pipeline 7. No Parking - North Side of Frost 8. Cable Appointments 9. Maplewood Run 10. Beam Avenue Assessments 11. Junction Street - Drainage Lots Seconded by Councilmember Anderson. E. CONSENT AGENDA Ayes - all. Councilmember Anderson moved, seconded by Councilmember Maida, Ayes - all, to approve the Consent Agenda, Items 1 through 12, as recommended: 1. Accounts Payable Approved the accounts (Part I - Fees, Services, Expenses, Check register dated November 3, 1983 and November 7, 1983 - $513,033.81: Part II Payroll Check dated November 4, 1983 - $55,729.00; Check dated October 21, 1983 - $57,533.47) in the amount of $626,296.28. 2. Budget Transfer - Davidson Case Approved the budget transfer of $1,500 from the General Fund Contingency Account to settle the Dennis Davidson discrimination case. 3. Budget Appropriation Approved the budget transfer of $1,000 from the Contingency Account to account 01- 4480-32 to cover the cost of Supplementary No. 1 of the codification. 4. Resolution on Soo Line Right of Way Resolution No. 83-11-182 WHEREAS, it is in the public interest for public agencies to cooperate for mutual benefit; and WHEREAS, the City of Maplewood and the Minnesota Department of Natural Resources as well as other interested parties have recently cooperated in successfully support- ing legislation which authorizes the Department of Natural Resources to acquire the abandoned Soo Line railroad grade between Saint Paul and Oakdale; and WHEREAS, the Department of Natural Resources use of the grade, a recreational trail, is supported by the City, but is jeopardized by the present owner's need to divest it in timely fashion; and WHEREAS, it is a key feature of this effort that several of the interested parties in this venture, including Maplewood, have need of various parcels of the railroad grade for various public improvements, which improvements must be implemented without delay in the interests of public safety and welfare; and c - ii 14 WHEREAS, the authorizing legislation (Laws of Minnesota, 1983, Chapter 344, Section 23) provides for conveyance to other interested parties after acquisition by the Department of Natural Resources; and WHEREAS, the law specifies that bonds for this acquisition may not be sold prior to July 1, 1984 unless an exception is granted by the State Commissioner of Finance; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Maplewood does hereby request that the Commissioner of Finance grant an exception as provided by law and arrange for sale of bonds sufficient to make available the appropriation as provided by law for the acquisitor of the railroad grade in question; and BE IT FURTHER RESOLVED, that this exception and sale take place at the earliest possible time. 5. Financing for Beam and Lydia Opening - Closing Account Approved the following transfers from the fund for Project 77 -14 be approved (subject to minor adjustments for the October investment interest allocation): $11,468 to the Street Construction State Aid Fund 4,548 to the W.A.C. Fund 470 to the Sewer Fund $16,486 otal 6. Financing for Hazelwood Avenue Feasibility Study Approved that $25,878 be transferred from the General Fund to the fund for Project 82 -13, (subject to a minor adjustment for the October interest allocation). 7. Time Extension - Schwichtenberg Addition Approved a one year time extension for the Schwichtenberg 2nd Addition preliminary plat, on the basis the applicant is making an effort to develop the site in a timely manner.. 8. Sign Permit: 380 Roselawn Avenue Approved a sign permit to erect a banner type sign, stretched across and above Rose - lawn Avenue for the following periods each year: 1. Two weeks before the third Sunday of September for a booya and festival. 2. Two weeks in the middle of October for carry -out booya. 3. Two weeks prior to the last weekend before Thanksgiving for an arts and crafts fair. The proposed banner measures two feet by 30 feet. 9. Conditional Use Permit Renewal - 1060 No. Sterling Avenue Resolution No. 83 -11 -183 WHEREAS, the Montessori Academy initiated a conditional use permit for a day- care facility at the following described property: - 3 - 11/14 Plat of survey of a parcel of land in the southwest quarter of the northeast quarter of Section 25, Township 29, Range 22, Ramsey County, Minnesota described as: except the north 68 feet of the south 288 feet of the east 170 feet and except the south 220 feet of the east 105 feet, the west 377.22 feet of the north 544.21 feet of said quarter quarter section. This property is also known as 1060 North Sterling Street, Maplewood; WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was approved by Council on October 25, 1983, subject to the following conditions: a. Smoke detection devices shall be installed in corridors. b. Emergency lighting shall be provided according to the Fire Marshal's speci- fications. c. There shall be protective covers over electrical receptacles in areas where there will be children under five years of age. 2. The applicant requested renewal of this conditional use permit on October 19, 1983. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above des- cribed conditional use permit be renewed for five years, on the basis of the following findings of fact: 1. The use is in conformity with the city's comprehensive plan and with the purpose and standards of the zoning code. 2. The establishment and maintenance of the use would not be detrimental to the public health, safety or general welfare. 3. The use would be located and designed to be compatible with the character of the R -1 zoning district. 4. The use would not depreciate property values. 5. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to noises, glare, smoke, dust, ordor, fumes, water pollution, water run off, vibration, general unsightliness, electrical interfer- ence or other nuisances. 6. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion, unsafe access or parking needs that would cause undue burden to the area properties. 7. The use would be served by essential public services, such as streets, police, fire protection, utilities, schools and parks. 8. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the city. 9. The use would preserve and incorporate the site's natural and scenic features - 4 - 11/14 into the development design. 10. The use would cause minimal adverse environmental effects. 11. There have been no nuisance complaints received regarding this facility in the first year of operation. 12. All of the original conditions of approval are being met. Approval is subject to continued compliance with the following conditions: 1. Smoke detection devices shall be installed in corridors. 2. Emergency lighting shall be provided according to the Fire Marshal's specifications. 3. There shall be protective covers over electrical receptacles in areas where there will be children under five years of age. 10. Tax Forfeited Land - Gervais to RR Resolution No. 83 -11 -183 WHEREAS, the Board of County Commissioners of Ramsey County by Resolution dated October 17, 1983, classified as non - conservation land, certain land lying within the limits of the City of Maplewood; and WHEREAS, a copy of the classification resolution together with a list of the land classified has been submitted for approval of the classification in accordance with Minnesota Statutes Annotated, Section 282.01, sub. 1; and WHEREAS, the City of Maplewood has determined that said land is required for ponding and arainage purposes; NOW, THEREFORE, BE IT RESOLVED, that said classification of the land shown on said list as non - conservation land is hereby approved; and BE IT FURTHER RESOLVED, that the proper City officials be and hereby are authorized to make an application for conveyance of said tax forfeited land for ponding and drainage purposes; and BE IT FURTHER RESOLVED, that the City Clerk be and hereby is authorized to file a certified copy of this resolution and application for conveyance of said tax forfeited land in the Office of the Land Commissioner. 57 01010 170 36 Unplatted Lands: Part of the West one -half of the Northwest Quarter Easterly of the Northern Pacific Railway right of way in Section 10, Township 29, Range 22. Seconded by Councilmember Maida. - Ayes - all. 11. Annual Renewal: On Sale Liquor Licenses Resolution No. 83 -11 -184 RESOLVED, by the City Council of the City of Maplewood, Ramsey County, Minnesota, that the following On Sale Liquor Licenses having been previously duly issued by this Council, are hereby approved for renewal for one year, effective January 1, 1984, with approval granted herein subject to satisfactory resglts of required Police, Fire and Health inspections. Bail Hai Restaurant Keller Lake Clubhouse 2305 White Bear Avenue 2166 Maplewood Drive _ 5 _ 11/14 Chicone's Bar & Cafe, Inc. L.M.S. Inc. 2289 E. Minnehaha 3035 White Bear Avenue Dean's, Inc. 1986 Rice Street Esteban's of Maplewood, Inc. 3069 White Bear Avenue Fox & Hounds 1734 Adolphus Garrity's 1696 White Bear Avenue Gulden's, Inc. 2999 N. Highway 61 Holiday Inn of Maplewood 1780 E. County Road D Hook 'n Ladder 2280 Maplewood Drive Hideaway 70 E. County Road B Maplewood Moose Lodge #963 1946 English Street (Club License) 12. Annual Renewal: Off Sale Liquor License Resolution No. 83 -11 -185 LeBistro Cafe 1146 -48 Maplewood Mall Maple Wheel Lounge 2220 White Bear Avenue Maplewood Bowl 1955 English Northernaire Motel, Inc. 2441 Highway 61 Red Lobster 2925 White Bear Avenue Red Rooster 2029 Woodlyn Town Crier 1829 North St. Paul Road Chuck E. Cheese's Pizza Time Theatre 2950 White Bear Avenue (Beer and Wine License) RESOLVED, by the City Council of the City of Maplewood, Ramsey County, Minnesota, that the following Off Sale Liquor Licenses having been previously duly issued by this Council, are hereby approved for renewal for one year, effective January 1, 1984, with approvals granted herein subject to satisfactory results of required Police, Fire and Health inspections: C & G. Liquors Party Time Liquors 1347 Frost Avenue 1740 VanDyke Avenue J & R Liquors Red Wagon Liquors 2730 Stillwater Road 2290 Maplewood Drive Laber Liquors Sarrack's International Wines & Spirits 1730 Rice Street 2305 Stillwater Road Maplewood Wine Cellar Spark Liquors 1231 Frost Avenue 3000 White Bear Avenue PUBLIC HEARINGS 1. Plan Amendment and Rezoning: White Bear and Beam (4 votes) 7:00 P.M. - 6 - 11/14 a. Mayor Greavu convened the meeting for a public hearing regarding approval of a plan amendment from LSC, Limited Service Commercial to SC, Services Commercial and a rezoning from BC(M) Business Commercial (Modified) to BC (Business Commercial) to construct a Rapid Oil Station and a Mr. Donut at 2855 White Bear Avenue and a possible Burger King restaurant. b. Manager Evans presented the staff report. c. Chairman Les Axdahl presented the following Planning Commission report: "Commissioner Fischer moved the following resolution be forwarded to the City Council: WHEREAS, the City of Maplewood and Bennet - Ringrose - Wolsfeld- Jarvis - Gardner, Inc., initiated an amendment to the Maplewood comprehensive plan from LSC to SC for the southwest corner of Beam Avenue and White Bear Avenues; NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above described plan amendment be approved on the basis of the following findings of fact: 1. A buffer zone is not needed, since the property to the south is designated for LSC, limited service commercial use. 2. The property to the north is designated DC, diversified center and the property to the east is designated SC, service commercial. Approval is subject to Metropolitan Council review. Commissioner Hejny seconded. Ayes - Commissioners Fischer, Hejny, Pellish, Sigmundik, Whitcomb. Nays - Commissioners Barrett, Sletten, Prew. Commissioner Hejny moved the Planning Commission forward the following resolution to the City Council: WHEREAS, the City of Maplewood and Bennett - Ringrose - Wolsfeld- Jarvis - Gardner, Inc. initiated a rezoning from BC (M) to BC for the following described properties: The east 300 feet of the west 1685 feet of the north 305 feet of the southwest quarter of Section 2, Township 29, Range 22, subject to road. 2. The south 100 feet of the north 305 feet of that part of the southwest quarter of Section 2, Township 29, Range 22 lying westerly of 'White Bear Avenue; excepting the west 1685 feet thereof. 3. The south 70 feet of the north 205 feet of that part of the southwest quarter of Section 2, Township 29, Range 22 lying westerly of White Bear Avenue; excepting the west 1685 feet thereof. This property is also known as 2865 -2855 White Bear Avenue, Maplewood; NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above described rezoning be approved on the basis of the following findings of fact: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. - 7 - 11/14 2. The proposed change will not substantially injure or detract from the use of the neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Approval is subject to the comprehensive plan for Maplewood being amended. Commissioner Fischer seconded. Ayes - Commissioners Fischer, Hejny, Pellish, Sigmundik, Whitcomb. Nays - Commissioners Barrett, Sletten, Prew." d. Mr. Peter Gervais, representing Rapid Oil spoke on behalf of the proposal. e. Mayor Greavu called for proponents. The following were heard: Mr. Robert Heimeth, 2847 White Bear Avenue Mr. Henry Belisle, owner of the property Dr. Anderson, owner of property between 1905 and 1927 Radatz Mr. Leo Schenz, 2855 White Bear Avenue. f. Mayor Greavu called for opponents. None were heard. g. Mr. Peter Gervais requested this matter be tabled until the 2nd meeting in January. h. Mayor Greavu moved to table this item until January 23, 1984, the second meeting in January. Seconded by Councilmember Maida. Ayes - Mayor Greavu, Councilmembers Bastian and Maida. Nays - Councilmembers Anderson and Juker. 2. Multiple Dwelling Signs Code Amendment - First Reading - 7:15 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding a proposed sign ordinance amendment to permit signsfor multiple dwelling developments to be greater than eight square feet by conditonal use permit. b. Manager Evans presented the staff report. c. Mayor Greavu called for,proponents. The following were heard: Mr. David Briggs, Woodmark, Inc. d. Mayor Greavu called for opponents. None were heard. e. Mayor Greavu closed the public hearing. - 8 - 11/14 f. Councilmember Bastian moved an amendment to the amendment to allow units of to 20 to have signs u units or over up to 24 square feet. osed sign ordinance Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Bastian and Maida. Nays - Councilmembers Anderson and Juker. g. Councilmember Bastian moved to table this item until the first meeting in December. (December 12, Seconded by Mayor Greavu. Ayes - all. 3. Conditional Use Permit: Bennington Woods 7:30 P.M. a. Mayor Greavu moved to table this item until the first meeting in December. (December 12, 198TF Seconded by Councilmember Bastian. Ayes - all. 4. Conditional Use Permit - 1942 Ide Street 7:45 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Mr. Sheldon Knutson for a conditional use permit to replace an existing 12' x 18' garage with a 24' x 24' garage. The property is zoned commercial and is a non conforming use. b. Manager Evans presented the staff report. c. Mr. Sheldon Knutson, the applicant, spoke on behalf of his request. 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 Anderson introduced the following resolution and moved its adoption: 83 - 11 - 186 WHEREAS, Sheldon Knutson initiated a conditional use permit to expand a non conforming use at the following described property: Lots 10 and 11, Block 16, Gladstone Addition This property is also known as 1942 Ide Street, Maplewood; WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was initiated by Sheldon Knutson, pursuant to the Maplewood Code of Ordinances. 2. This conditional use permit was reviewed by the Maplewood Planning Commission on October 17, 1983. The Planning Commission recommended to the City Council that said permit be approved. - 9 - 11/14 3. The Maplewood City Council held a public hearing on November 14, 1983 to consider this rezoning. 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 Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above described conditional use permit be approved on the basis of the following findings of fact: 1. The replacement of a garage on this site would not discourage the planned commercial use of this property. 2. The establishment and maintenance of the use would not be detrimental to the public health, safety or general welfare. 3. The use would not depreciate property values. 4. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to noises, glare, smoke, dust, odor, fumes, water pollution, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would be served by essential public services, such as streets, police, fire protection, utilities, schools and parks. 6. The use would not create excessive additional requirements at public cost for public facilities and services, and would not be detrimental to the welfare of the city. 7. The use would cause minimal adverse environmental effects. Seconded by Councilmember Juker. Ayes - all. 5. Rezoning - Beam Avenue - Barrier Free Homes a. Mayor Greavu convened the meeting for a public hearing concerning the request of Mr. Jim Freschmon and Dave Scherbel for a zone change from F - Farm to R -2 double dwelling to construct a double dwelling designed for occupancy by handicapped adults on Beam Avenue, east of White Bear Avenue. b. Manager Evans presented the staff report. c. Chairman Les Axdahl presented the following Planning Commission recommendation: " Commissioner Fischer moved the Planning Commission forward the following resolution to the City Council: WHEREAS, Barrier Free Homes initiated a rezoning from F, farm residence to R -2 residence district (double dwelling) for the following described property: The North 1/2 of the East 100 feet of the West 220 feet of the Northwest 1/4 of the Southeast 1/4 of Section 2, Township 29, Range 22, except the North 33 feet thereof; NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD PLANNING COMMISSION that - 10 - 11/14 the above described rezoning be approved on the basis of the following findings of fact: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the,neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Seconded by Commissioner Barrett. Ayes - Commissioners Axdahl, Barrett, Ellefson, Fischer, Prew, Robens, Sigmundik, Sletten, Whitcomb." d. Mr. James Freschmon, 1631 E. Holly Drive, representing Barrier Free Homes, the applicant, 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. Councilmember Juker introduced the following resolution and moved its final adoption: 83 - 11 - 187 WHEREAS, Barrier Free Homes initiated a rezoning from F, farm residence to R -2 residence district (double dwelling) for the following described property: The North 112 of the East 100 feet of the West 220 feet of the Northwest 1/4 of the Southeast 1/4 of Section 2, Township 29, Range 22, except the North 33 feet thereof; NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above described rezoning be approved on the basis of the following findings of fact: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public - 11 - 11/14 water, sewers, police and fire protection and schools. Seconded by Councilmember Maida. Ayes - all. AWARD OF BIDS Audit Contract a. Manager Evans presented the staff report. b. Mayor Greavu moved to approve a three year Mitchell and Co. for auditing services as pres contract with Peat, Marwic n +o Seconded by Councilmember Maida. Ayes - all. H. UNFINISHED BUSINESS 1. Conditional Use Permit: VanDyke and County Road B a. Manager Evans presented the staff report. b. Chairman Les Axdahl presented the following Planning Commission recommendation: "WHEREAS, Sauro Realty initiated a conditional use permit to construct multiple dwellings in a business commercial zoning district at the following described property: Except the easterly 120 feet, the following parcels: South 112 of vacated alley adjoining and north 1/2 of vacated Laurie Avenue adjoining and following part of Lot 2 lying east of a line running from a point in center line of said avenue 272 19/100 feet east from west line of lot 2 to a point on north line of and 272 91/100 feet east from northwest corner of said lot 2, block 13, Smith and Taylors Addition to North St. Paul. Except south 2 65/100 feet and except following: Beginning on west line of and 2 65/100 feet north of southwest corner of lot 1, thence east 271 49/100 feet thence north to point in center line of vacated Laurie Road 272 19/100 feet east from west line of said lot, thence west to west line of said lot 1, thence south to beginning, part of vacated adjacent Laurie Road in lot 1, block 20 °, Smith and Taylors Addition to North St. Paul. Vacated avenue south of and accruing following except north 2 65/100 feet the east 270 feet of lot 2, block 20, Smith and Taylors Addition to North St. Paul. Vacated alley accruing and following except west 271 49/100 feet the south 2 65/100 feet of lot 1 and except west 271 49/100 feet the north 2 65/100 feet of lot 2, block 20, Smith and Taylors Addition to North St. Paul. Vacated avenue south of and accruing and following except north 2.65 feet the west 49 feet of east 319 feet of lot 2, block 20, Smith and Taylors Addition to North St. Paul. North 112 of vacated alley and vacated avenue north of and accruing and following east 495 6/10 feet of lot 1, block 29, Smith and Taylors Addition to North St. Paul. - 12 - 11/14 South 1/2 of vacated alley adjoining and east 495 6/10 feet of lot 2, block 29, Smith and Taylors Addition to North St. Paul. NOU;,'THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD PLANNING COMMISSION that the above described conditional use permit be approved on the basis of the following findings of fact: 1. The use would conform with the City's Comprehensive Plan and with the purpose and standards of the Zoning Code. 2. The establishment or maintenance of the use would not be detrimental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character of the zoning district. 4. The use would not depreciate property values. 5. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to noises, glare, smoke, dust, odor, fumes, water pollution, water run off, Vibration, general unsightliness, electrical interference or other nuisances. 6. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestdon, unsafe access or parking needs that will cause undue burden to the area properties. 7. The use would be served by essential public services, such as streets, police, fire protection, utilities, schools and parks. 8. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the City. 9. The use would preserve and incorporate the site's natural and scenic features into the development design. 10. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. Construction beginning within one year. Code allows a one time six month extension if just cause is shown. The applicant must apply for such extension, in writing, at least thirty days prior to expiration. 2. Prior to the issuance of a building permit for any of the structures which do not front on County Road B, Council must order the extension of a water main north along VanDyke,Street from County Road B. 3. The curb cuts on VanDyke Street shall be centered on the Sandhurst and Laurie Avenue rights of way, located to the east. 4. Community Design Review Board approval of the site and building plans. Approval shall include, but not be limited to the following findings: a. The use shall be designed to be compatible with the character of the zoning district. - 13 - 11/14 b. The use would preserve and incorporate the site's natural and scenic features into the development design. 5. A landscaped area of at least twenty feet in width shall be provided along the south and east boundaries of the site. This landscaping shall include permanent screening of at least six feet in height and eighty percent opaqueness. The screening materials shall be as required in Section 36- 27 of the City Code. 6. Final grading, drainage and utility plans must be approved by the City Engineer. 7. Any connection to utilities in County Road B or temporary curb cuts to County Road B must be approved in writing by the Ramsey County Department of Public Works. 8. Submission of an erosion control plan prior to issuance of any building permits, which incorporates the recommendations of the Watershed and Soil and Water Conservation Districts. Commissioner Whitcomb seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Pellish, Prew, Robens, Sigmundik, Sletten, Whitcomb." c. Mr. Johh:Sauro, the applicant, spoke on behalf of the proposal. d. Mayor Greavu asked if anyone in the audience wished to be heard. The follow- ing expressed their opinions: Mrs. Connie Laundreville, 2194 VanDyke (opposed) Mr. Steve Wicks, 2210 VanDyke (opposed) Mr. Manfred Riechert, 2172 VanDyke (opposed) Mr. Earl Sellman, real estate agent representing the owner of the property, Mrs. Anne Evenson (in favor) Mr. Steve Ludtug, Management Firm working with the applicants (in favor) Mr. Lawrence Reil, 527 Battle Creek Road (in favor) owner of portions of the property. e. Councilmember Bastian moved to deny the request for a conditional use permit to construct multiple dwelling units in a (Business Commercial) zoning -strict on property located at e northwest corner of an y e Street and County Road based on the followina reasons: Safety factor of Section 36.442 -b is not met The Conditional Use Permit would not be compatible with the character of the zoning district Depreciation of surrounding property values Nuisance situations that would give rise to problems with the existing land uses , Vehicular traffic would increase and create traffic congestion and unsafe access Essential public services are not provided for the property. Seconded by Councilmember Juker. Ayes - Councilmembers Anderson, Bastian and Juker. Nays - Mayor Greavu and Councilmember Maida. - 14 - 11/14 F. PUBLIC HEARINGS (continued) 6. Variances: Hudson Place and Ferndale 8:15 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding a request of Michael Mehralian for lot area width and frontage variances to construct an earth home on a substandard lot at the southwest corner of Hudson Place and Ferndale Street. b. Manager Evans presented the staff report. c. Mayor Greavu called for proponents. None were heard. d. Mayor Greavu called for opponents. The following were heard: Mr. James Kaczmarczik, 211 Ferndale Street Pair. Edward Donath, 2600 Hudson Place e. Manager Evans stated Mr. Mehralian had requested this be tabled as he was not able to attend the meeting. f. Mayor Greavu moved to table this item until the meeting of November 28 1983. Seconded by Councilmember Bastian. Ayes - all. H. UNFINISHED BUSINESS (continued) 2. Code Amendment: Mobile Homes - Second Reading (4 votes) a. Manager Evans presented the staff report. b. Mayor Greavu introduced the following ordinance and moved its adoption: ORDINANCE NO. 554 AN ORDINANCE AMENDING THE MAPLEWOOD ZONING CODE RELATING TO MOBILE HOMES IN SINGLE DWELLING ZONES BE IT ORDAINED BY THE CITY OF MAPLEWOOD AS FOLLOWS: Section 1. Section 36 -6 is hereby amended to replace the definition of mobile or house trailer as follows:`(' Manufactured home: A structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwel- ling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntar- ily files a certification required by the secretary and complies with the standards established under chapter 365 of the 1981 Minnesota State session laws. "Secretary" means the secretary of the United States Department of Housing and Urban Development or the head of any successor agency with re- sponsibility for enforcement of federal laws relating to manufactured homes. - 15 - 11/14 Section 2. Section 36 -73 is hereby amended as follows: Section 36 -73. Mobile Homes. (a) All new installations of mobile homes shall be tied to ground anchoring systems. Such installations shall be in compliance with the current state rules and regulations concerning such installations. (Ord. No. 387, � 1,7- 10 -75) (b) Mobile homes must meet the most recent HUD certification requirements. Mobile homes that have been previously lived in require a moving permit under sections 9 -61 to 9 -64. Section 3. This ordinance shall take effect upon its passage and publication. Seconded by Councilmember Bastian. Ayes - all. 3. Water Main Petition: VanDyke, County Road B and Cope Avenue a. The developer, E.T. Hughes Development Company, stated they did not wish to proceed with the petition for water on VanDyke Street. b. No action taken. I. NEW BUSINESS 1. Ponding Area - East Shore Drive a. Manager Evans stated in 1980 the City Council considered a project for the area including a pond on the subject property. The project was denied. The owners apparently understood this to mean no pond would ever be built on the property. Even though the project was denied, the City has traditionally supported the Drain- age Plan. In other words, a pond is still required sometime in the future to be consistent with the Drainage Plan. It is recommended the City Council reaffirm the City's historical position of supporting the Drainage Plan. b. No action taken. 2. T.H. 36 at Ariel - Median Closing a. Manager Evans presented the staff report. b. Councilmember Anderson introduced the following resolution and moved its adoption: 83 - 11 - 188 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, that the City of Maplewood supports the position of MnDOT and the City of North St. Paul to close the T.H. 36 median at Ariel Street. Seconded by Councilmember Bastian. Ayes - all. 3. Code Amendment — Parking Stalls (1st Reading) - 16 - 11/14 a. Manager Evans presented the staff report. b. Councilmember Anderson moved first reading of an ordinance amending the parking ordinance allowing parking spaces to be nine by eighteen feet in size foF owner -occupied multiple dwelling units. Seconded by Councilmember Maida. Ayes - all. 4. C.D.R.B. Vacancy a. Councilmember Anderson recommended Councilmember Juker be appointed to the Community Design Review Board vacancy. b. Councilmember Anderson moved that Councilmember Juker be considered for appoint- ment to the Community Design Review Board. Seconded by Councilmember Maida. J. VISITOR PRESENTATIONS None. L. ADMINISTRATIVE PRESENTATIONS 1. Beam Avenue Assessments - (Uracy) Ayes - Mayor Greavu; Councilmembers Anderson and Maida. Councilmembers Bastian and Juker abstained. a. Manager Evans presented the staff report. b. Mr. John Daubney, attorney representing Uracys, spoke regarding the assess- ments. c. Mayor Greavu introduced the following resolution and moved its adoption: 83 - 11 - 189 WHEREAS, the City of Maplewood on August 24, 1976, assessed a certain parcel of land identified in Maplewood Projects No. 70 -5A and 71 -15 as Parcel No. 9 owned in fee by Victor R. Fitsch and Iola LaVonne Fitsch, husband and wife, who sold said parcel 9 to Uracey, Inc., a Minnesota Corporation, for certain street, bridge and storm sewer improvements and that said Owners took timely appeals therefrom, to the Ramsey County District Court; WHEREAS, the City and the Owners have entered into a Stipulation of Settlement and Dismissal dated NovemberY4, 1983, whereunder the assessments levied for street, bridge and storm sewer against said parcel be reduced from $99,151.76 to $74,363.82, a reduction of 25 percent; WHEREAS, the Stipulation of Settlement and Dismissal calls for the effective date of the reduction to be August 24, 1976, the date of assessment with interest as originally determined running from that date and with payments due hereinafter; WHEREAS, it is the intention of the City in entering into the Stipulation of Settlement and Dismissal that the Owner should not be liable for penalties and interest on penalties from the date of the assessment, August 24, 1976, - 17 - 11/14 through and including the date hereof. NOW, THEREFORE, be it resolved, by the Council of the City of Maplewood, that pursuant to the terms and provisions of said Stipulation of Settlement and Dis- missal as to Parcel No. 9 any and all penalties together with and including interest on penalties against said parcel 9 from August 24, 1976 through and including the date hereof, be and hereby are, abated, and that the Maplewood City,Clerk be, and hereby is, directed to take such action as is reasonable and necessary to effect said abatement as provided herein. Seconded by Councilmember Juker. Ayes - all. K. COUNCIL PRESENTATIONS 1. Commissioners - Recognition a. Councilmember Anderson stated he wishes to continue setting aside $10.00 of his own money for a Commissioner's recognition dinner. b. Councilmember Anderson moved that each Councilmember donate $10.00 per month commencing in December of owar s the Commission Recognition Dinner. Seconded by Mayor Greavu. Ayes - all. 2. Policy - Assessments a. Councilmember Anderson stated he had requested a copy of the City's assessment policy. b. Council stated they will meet with staff December 8, 1983 at 5:00 P.M. to discuss the assessment policy. 3. Rules of Procedures a. Councilmember Anderson stated he has observed that the 10:30 P.M. deadline for Council meetings has not been observed. 4. House Numbers a. Councilmember Anderson stated Maplewood has an ordinance that requires house numbers to be displayed, but it is not being enforced. b. Council stated an article should be placed in the Maplewood in Motion and also in both newspapers. 5. Senior Citizen Billing 'a a. Councilmember Anderson stated he feels there should be a way to work out a reduced sewer rental bill for senior citizens. b. No action taken. 6. Williams Pipeline a. Councilmember Anderson stated he has received calls regarding the gas smell down in the southern portion of the City where the Williams Pipeline Co. is dril- ling new wells. - 18 - 11/14 b. Staff will investigate. 7. No Parking - North Side of Frost a. Councilmember Anderson requested, because of the traffic congestion problem, that Frost Avenue between Manton and Birmingham Streets be posted for "No Parking ". b. Councilmember Anderson introduced the following resolution and moved its adoption: 83 - 11 - 190 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, that RAMSEY COUNTY is requested to designate both sides of Frost Avenue from Birmingham Street to Manton Street a "No Parking" zone. Seconded by Councilmember Maida. Ayes - all. 8. Cable Appointments a. Councilmember Anderson stated appointments for the next year for the Cable Commission are up at the beginning of the year. b. Councilmember Anderson stated he is willing, to serve another term. 9. Maplewood Run a. Councilmember Bastian stated the "Maplewood Run" will be held on the 9th of June, 1984. L. ADMINISTRATIVE PRESENTATIONS 2. Junction Street - Drainage Lot a. Manager Evans presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 83 - 11 - 191 WHEREAS, Lot 1, Block 2, Hills and Dales Addition is located within the City of Maplewood; WHEREAS, the City of Maplewood has been informed that Lot 1, Block 2, Hills and Dales Addition is presently classified as tax forfeited land; WHEREAS, the City of Maplewood informed the County of Ramsey in 1971, that said Lot 1, Block 2, Hills and Dales Addition was and is being utilized for drain- age and ponding for the benefit of the public; WHEREAS, Lot 1, Block 2, Hills and Dales Addition is presently utilized for drainage and ponding for the benefit of the public; WHEREAS, the City of Maplewood has been informed that the County of Ramsey - 19 - 11/14 is presently considering the sale of said Lot 1, Block 2, Hills and Dales Addition to a private individual; WHEREAS, the said sale of Lot 1, Block 2, Hills and Dales Addition may jeopar- dize and interfere with the public use of said ponding and drainage on said proper- WHEREAS, the City of Maplewood requests that the said Lot 1, Block 2, Hills and Dales Addition be withdrawn by the County of Ramsey from the sale for purposes of continued drainage and ponding; NOW, THEREFORE, BE IT RESOLVED,�that the City of Maplewood does hereby desire to continue to use Lot 1, Block 2, Hills and Dales Addition tax forfeited land for ponding and drainage purposes for the benefit of the public. Seconded by Councilmember Maida. . Ayes - all. M. ADJOURNMENT 10:23 P.M. il; t L I er - 20 - 11/14