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Home My WebLink About08-13-90A. CJ, nn TO 01~ 7t00 P.H., Monday, August 13, 1990 and 4z30 P.H., Thursday, August 16, 1990 Council Chambers, Nunicipal Building M~OtIA9 NO. 90-17 B. ROLL Co Do APPROVAL OF MZNUT~ 1. Minutes of Meeting No. 90-14 (July 9, 1990) 2. #inures of aeeting No. 90-16 (July 23, 1990) APPROVAL OF AGENDA BA Fo CONSENT AGENDA All matters listed under the Consent Agenda &re considered to be routine by the City Council and will bo enacted by one motion. Thoro will be no separate discussion on these items. If e me~ber of the City Council wishes to discuss an. item, that item will be removed from the Consent Agenda and will be considered separately. 1. Approval of Claims 2. Employee Assistance Program 3. 9~rvais Avenue, Pro~sct 88-14 - Reduction of Rotainago 4. Conditional Use Permit P~nowalz LakeviowLutheran Church 5. ~nd~tLonal Uso Po~t bn~al~ Luth~ Church of Peace 6. To~nat~on of ~nd~t~onal Uso ~tz 2308 Dahl ~u~ 7. Te~i~t~on of ~nditional U~ ~lt~ 1887 My~lo Strut 8. Final Plat~ High--Third.dittos 9. Final Platz Crestvl~Flfth~d~t/on Final Platz Flicok~dition A~roval of Elo~lon Judgoo (So~r 1~ ~d Noir 6, 1. ~oanunity Design Review Bo&rd PUBLIC~RINGS 1. 7z00 P.M., Highwood/NcKnight Outlet, Project 90-10 (4 Votes) 1990 glect£ons) 2. 7810 P.H., Hollovay Avenue, Beobe Road to HcKn4ght Rood, P~o~Jec~ 87-14 (4 Vo~el) 3. 7840 P.H., Stcoe~c Vscat£on: Bld~Ldge Avenue (4 Votes) . 4. 7850 P.M., Home OCCUl~t£on LLcenset. 2345 )firylind Avenue (Wyko£f) S. 8800 P.H., Cond£t£on&l Uso Penn~tz 2?20l(aplevoodD~£ve (yinkovec) 6. 8ilo P.H., P.U.D. ltovLs£ont 2696 HazelvoodAvenuo (First Bvangel£cal Chu:ch) 7. 8~25 P.H., PrelJ3n~nary Plat Rov£s£on$ TorgersonAdd£t£on CondLt£on A. R~ght of Way Acqu£s£t~on Cond~t£on B. Storm Sever 8. 8845 P.H., Condit£on&l Uso Perm£t Ronevalz Zngl£sh Street and H£ghway 36 (Bnglevood Shops) (Cancelled) Ho AWARD OF BIDS 1. Seal Coot - Pro~e~c 90-17, 2. Perk Xmprovement 90-1 P. UNFINISHZD BUSINESS' 1. Beam Avenue Publ£c Hoa:£ng (4 Vo~es) NEW BUSINESS, 1. TJ3noZx~ens£on -Conditional Uoo Per~Lts coat&gee of aaplevood 2. Plan Amondmentz ~nel~y ~n~rsion T~le (4 Votes) 3. ~ uso Pl~ ~d ~zon~ng b~ S, ~11 ~ea~aff~c 6. ~l~g ~d~co - lit biding C~ty Hall U~ate Le VISITOR PI~SENTAT~ON~ ~OUNCIL PI~SENT&TION~ ® ADMINISTRATIVE P~NTATION$ e ADJOURLD4~NT OF MEETI~ 7:00 P.M., Monday, August 13, 1990 And 3:30 P.M., Thursday, August 16, 1990 Council Chambers, Municipal Building Meeting No. 90-17 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 Bastian. ROLL CALL Gary W. Bastian, Mayor Dale H. Carlson, Councilmember Frances L. Juker, Councilmember George F~ Rossbach, Councilmember Joseph A. Zappa, Councilmember Present Present Present Present Present C. APPROVAL OF MINUTES 1. Minutes of Meeting No. 90-14 (July 9, 1990) Councilmember Rossbach moved to approve the Minutes of Meetinq No. 90-14 (July 9. 1990~ as corrected= Page 15, Item I-4b, delete "and this be included in" and insert "and the report be concluded with" Page 20, Item K-Ta, Seconded by Councilmember Zappa Seconded by Councilmember Zappa. Ayes - all. 2. Minutes of Meeting No. 90-16 (July 23, 1990) Councilmember Zappa moved to approve the Minutes of Meetinq No. 90-16 (July 23. 1990) as submitted. Seconded by Councilmember Rossbach. ~yes - all. -- D. APPROVAL OF AGENDA Mayor Bastian moved to approve the Aqenda as amended= 1. community Design Review Board 2. Highway 36 and English 3. compost site 4. soil Stack Piling i 8-13-90 f 5. N.E.S.T. 6. Sterling Stop Sign 7. Schedule Council/Manager Meeting 8. Add Item I-8, Manager's Salary 9. Add Item I-9, Acceptance of Annual Audit Report 10. Delete Items E-8 and 9 from Agenda 11. Add H-2, Maplewood Meadows - Variance Seconded by Councilmember Rossbach. E. CONSENT AGENDA Ayes - all. Councilmember Rossbach movedr Seconded by Councilmember Zappar Ayes - allt to approve the Consent Aqenda~ Items I throuqh 7~ ~0 and 11, as recommended: me 3e Approval of Claims ACCOUNTS PAYABLE: 313,191.20 $ 249,125.51 $ 562,316.71 PAYROLL: $ 305,998.58 $ 75,128.70 $ 381,217.28 $ 943,533.99 Employee Assistance Program Checks $ 10584 thru $ 10678 Dated 7-12-90 thur 7-31-90 Checks ~ 6761 thru # 6958 Dated 8-13-90 Total per attached voucher/check register Payroll Checks Payroll Deductions Total Payroll GRAND TOTAL Approved the renewal of the Employee Assistance Program Contract with T.E.A.M. for one year at the rate of $12.00 per employee. Gervais Avenue, Project 88-14 - Reduction of Retainage Approved that a reduction in retainage from five percent of the contractor's earnings to date for Project 88-14, which equals five percent ($289,012.08) = $14,450.06, to $2,000 be authorized. Conditional Use Permit Renewals Lakeview Lutheran Church. Approved the renewal of the Conditional Use Permit for a Pre-School Child Care Center at Lakeview Lutheran Church for five years. 2 8-13-90 5. Conditional Use Permit Renewal= Lutheran Church of Peace. Approved the renewal of the Conditional Use Permit for a nursery school at Lutheran Church of Peace for five year's. 6. Termination of Conditional Use Permit= 2308 Dahl Court Approved the termination of Conditional Use Permit at 2308 Dahl Court for C & G Office Products. 7. Termination of Conditional Use Permit= 1887 Myrtle Street Approved the termination of the Conditional use Permit at 1887 Myrtle Street for a tailoring shop. 8.Final Plat= Highwood Third Addition Deleted from Agenda 9.Final Plat= Crestview Fifth Addition Deleted from Agenda 10. Final Plat= Flicek Addition Approved the Flicek Addition final plat. 11. Approval of Election Judges - September 11 and November 6, 1990 Resolution 90 - 8 - 132 Precinct ~1 Karl Biebighauser, Chairman Claire I. Healy Audrey Duellman Irene Ling Precinct #2 Pat Thompson, Chairman Jean Dickson Florence Stella Kathleen P. Dittel Precinct. S3 Richard Wolszon, Chairman Doris Broady Precinct Betty Mae Berglund, Chairman Rita Frederickson Phyllis Lofgren Ted Haas Precinct Delores Schipp, Chairman Margaret McDonald Ruth Myckleby-Lang Lucille Cahanes Precinct $10- Patricia Werden, Chairman Mary Lou Lieder 3 8-13-90 Alice Miller Marion Jungeman Precinct LeAnn Kaup, Chairman Betty Eddy Caroline Warner Joyce Liplnski Precinct Elsie Wiegert, Chairman Annette LaCasse Phyllis Erickson Emma Klebe Precinct Kathy Supan, Chairman Sandy Jones Linda Prlgge Judy Widholm Gunborg Mowchan Precinct Betty Haas, Chairman Joan Cottrell Mildred Burke Resolution 90 - 8 - 133 Precinct $1 Karl Biebighauser, Chairman Claire I. Healy Audrey Duellman Irene Ling Precinct #2 Pat Thompson, Chairman Jean Dickson Florence Stella Kathleen P. Dittel Precinct $3 Richard Wolszon, Chairman Doris Broady Ann Fosburgh Diane Golaski Precinct $11 Shirley Luttrell, Chairman Delores Lofgren Mabel Abbott Helen King Precinct $12 Mary Libhardt, Chairman Deloris Fastnet Marcella Watson Mildred Dehen Precinct $13 Jack Arbuckle, Chairman Donald Wiegert Richard Lofgren William Schnellman Precinct $14 Marilyn Wold, Chairman Margaret Earley Grace Locke Elsie Anderson Precinct Betty Mae Berglund, Rita Frederickson Phyllis Lofgren Ted Haas Chairman Precinct Delores Schipp, Chairman Margaret McDonald Ruth Myckleby-Lang Lucille Cahanes Precinct $10 Patricia Werden, Chairman Mary Lou Lieder 4 8-13-90 Alice Miller Marion Jungeman Ann Fosburgh Diane Golaski Precinct Precinct $11 LeAnn Kaup, Chairman Betty Eddy Caroline Warner Joyce Lipinski Shirley Luttre11, Chairman Delores Lofgren Mabel Abbott Helen King Precinct Precinct $12 Elsie Wiegert, Chairman Annette LaCasse Phyllis Erickson Emma Klebe Mary Libhardt, Chairman Deloris Fastnet Marcella Watson Mildred Dehen Precinct Precinct $13 Kathy Supan, Chairman Sandy Jones Linda Prigge Judy Widholm Gunborg Mowchan Jack Arbuckle, Chairman Donald Wiegert Richard Lofgren William Schnellman Precinct Precinct $14 Margaret Wolszon, Chairman Betty Haas Joan Cottrell Mildred Burke Marilyn Wold, Chairman Margaret Earley Grace Locke Elsie Anderson EA APPOINTMENTS 1. Community Design Review Board a. Manager McGuire presented the staff report. b. Ms. Marie Robinson, the applicant, answered questions from the Council. c. Councilmember Rossbach moved to approve the appointment of Marie Robinson to the Community Design Review Board for the remainder of a two- year term ending January 1. 1992. Seconded by Councilmember Juker. Ayes - all. F. PUBLIC HEARINGS 1. 7:00 P.M., Highwood, McKnight Outlet Project 90-10 (4 Votes) 5 8-13-90 a. Mayor Bastian convened the meeting for a public hearing regarding the construction of storm sewer and ponding areas for the Highwood/McKnight Outlet, City Project 90-10. b. Manager McGuire presented the staff report. c. Director of Public Works Haider presented the specifics of the proposal. d. Mayor Bastian called for persons who wished to be heard for or against the proposal. The following expressed their opinions~ Laura Bishop, 857 So. Ferndale Street Dan Mulgrew, 2433 Nemitz Avenue John French, 1025 So. McKnight Road, St. Paul Kathy French, 1025 So. McKnight Road, St. Paul Brian Sinn, 1052 So. Lakewood Dr. Ms. Kamerath, 1043 So. Lakewood Dr. Chuck Nelson, 1041 So. McKnight Rd., St. Paul Karl Maidment, 824 So. McKnight Road Joseph Fettipoldi, 2371 Highwood Ken Gervais, Castle Design and Development Jim Garrett, 850 So. Ferndale St. Mrs. Jim Garrett, 850 So. Ferndale Street Debra Mattson, 2360 Mamie Don Watke, Attorney for Mr. and Mrs. French Jeff Ruse, 1050 So. McKnight Wm. Poppert, 2433 Highwood Richard Moore, 915 So. Ferndale St. Tom Siftco, 2361 Highwood Joe Piesert, 2197 Ogden Court, St. Paul Don Korati, representing Representative Tom Diamond Mayor Bastian recessed the meeting at 8=45 P.M., to go into closed session for Attorney/Client discussion. Mayor Bastian reconvened the meeting t 9=05 P.M. e. Mayor Bastian closed the public hearing. f. Councilmember Rossbach moved to table this matter to the September 1Or 1990 Meetinq. Seconded by Councilmember Juker. Ayes - all. 2. 7~10 P.M., Holloway Avenue, Beebe Road to McKnight Road, Project 87-14 (4 Votes) a. Mayor Bastian convened the meeting for a public hearing regarding the proposed construction of 44 foot wide bituminous roadway, concrete curb and gutter, storm sewer, utilities and appurtenances on Holloway Avenue from Beebe Road to McKnight Road, City Project 87-14. 6 8-13-90 b. Manager McGuire presented the staff ~eport. c. Director of Public Works Haider presented the s~ecifics of the proposal and also the past history. d. Mayor Bastian called for persons who wished to be heard, for or against the proposal. The following voiced their opinions: Bill Harm, 2234 E. Holloway Barb Hann, 2234 E. Holloway Linda Morley, 2218 E. Holloway Greg Bingham, 2213 E. Holloway Larry Westbrock, 1900 Furness Bob Engwer, petitioner for the project Fred Vaillencourt, 2104 Cowern Place Victor Jensen, 2092 Cowern Place Ron Hilton, 2153 E. Holloway e. Mayor Bastian closed the public hearing. f. Councilmember Zappa moved to approve the pro~ect to construct Hollowa¥ from 8eebe Road to Furness, 44 foot width. Seconded by Councilmember Rossbach. Ayes - Councilmembers Juker, Rossbach, and Zappa. Nays - Mayor Bastian, Councilmember Carlson Motion defeated. g. Councilmember Juker introduced the followinq resolution and moved it~ adoption: 90 - 8 - 13~ WHEREAS, after due notice of public hearing on the construction of 36- foot-wide bituminous roadway, concrete curb and gutter, storm sewer, utilities, and appurtenances on Holloway Avenue from Beebe Road to Furness Street, City Project 87-14, a hearing on said improvement in accordance with the notice duly given was duly held on August 13, 1990, 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: That it is advisable, expedient and necessary that the City of Maplewood construct 36-foot-wide bituminous roadway concrete curb and gutter, storm sewer, utilities, and appurtenances on Holloway Avenue from Beebe Road to 7 8-13-90 Furness Street, City Project 87-14, as described in the notice of hearing thereof, and orders the same to be made. me The City Engineer is designated Engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. The project budget is to be revised after execution of cooperative agreement with County of Ramsey of City of North St. Paul. Seconded by Councilmember Carlson. Ayes - Councilmembers Carlson, Juker, Rossbach, and Zappa Nay - Mayor Bastian. 3. 7=40 P.M., Street Vacation= Eldridge Avenue (4 Votes) a. Mayor Bastian convened the meeting for a public hearing regarding the proposal by the City Engineering Department to vacate two portions of Eldridge Avenue between Hazelwood Street and Prosperity Road. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the proposal and also presented the Planning Commission recommendation. d. Mayor Bastian called for proponents and opponents. None were heard. e. Mayor Bastian closed the public hearing. f. Councilmember Zappa introduced the followi~q resolution and moved its adoption= 135 WHEREAs, the City of Maplewood Engineering Department initiated proceedings to vacate the public interest in the following described= That portion of the Eldridge Avenue right-of-way abutting the west 10 feet of Lot 20 and all of Lots 16 through 19, Block 24, Sabin Addition to Gladstone, Ramsey County, Minnesota~ That portion of the Eldridge Avenue right-of-way abutting Lot 1, Block 1, Wakefield Manor, Ramsey County, Minnesota~ That portion of the Eldridge Avenue right-of-way abutting the east half of Lot 26 and all of Lots 27 through 30, Block 24, Sabin Addition to Gladstone, Ramsey County, Minnesota~ 8 8-13-90 That portion of the Eldridge Avenue right-of-way abutting the east 180 feet of Lot 1, Block 1, Hazel Estates, Ramsey County, Minnesota. WHEREAS, the history of this vacation is as follows~ The Planning Commission discussed this vacation on July 16, 1990. They recommended to the City Council that this vacation be approved. 2. The City Council held a public hearing on August 13, 1990. City Staff published a notice in the Maplewood Review and sent notices to the abutting property owners as required by law. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning commission. WHEREAS, after the vacation is approved, public interest in the property will accrue to the following abutting properties= Lots 16-20, Block 24, Sabin Addition to Gladstone (2108 Barclay)~ Lot 1, Block 1, Wakefield Manor (2092 Barclay)~ Lots 26-30, Block 24, Sabin addition to Gladstone (2107 Hazelwood)~ and Lot 1, Block 1, Hazel Estates (2091 Hazelwood), all in the City of Maplewood, Ramsey County, Minnesota. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described vacation for the following reasons= 1. It is in the public interest. 2. There is no need for a public street in this location. 3. The adjoining properties have adequate street access. 4. The adjoining property owners have no interest in having the street constructed. 5. It has been the City's policy to vacate unused rights-of- way whenever possible. This vacation is subject to the retention of a public drainage and utility easement over those portions of the vacated rights-of-way described hereinbefore, except the south 10 feet of that portion of the Eldridge Avenue right-of-way abutting the east 180 feet of Lot 1, Block 1, Hazel Estates, Ramsey County, Minnesota, and the City of Maplewood securing those easements and fee title properties required of the adjacent property owners for City Project 87-32, Footprint Lake Trunk Storm Sewer. Seconded by Councilmember Rossbach. Ayes - all. 7~50 P.M., Home Occupation License, 2345 Maryland Avenue (Wykoff) 9 8-13-90 a. Mayor Bastian convened the meeting for a public hearing regarding the request of Mr. John Wykoff for approval of a home occupation license to put an Art Studio in his parents' basement at 2345 E. Maryland Avenue. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the request. d. Mr. John Wykoff, the applicant, spoke on behalf of the proposal. e. Mayor Bastian called for proponents. None were heard. f. Mayor Bastian called for opponents. The following were heard~ A1 Johnson, 2335 Maryland Avenue Mayor Bastian closed the public hearing. Councilmember Zappa moved to deny the request until Such time as Mr. go h. Wykoff can show ownership of the property. Seconded by Councilmember Juker. Ayes - Councilmembers Juker and Zappa. Nays - Mayor Bastian, Councilmembers Carlson and Rossbach. Motion failed. i. Councilmembers Carlson moved to approve a home occupation license for John G. Wykof~ to operate an art studio at 2345 Maryland Avenue with approval subject to the followinq conditions: 1. Show proof of ownership of 2345 Maryland Avenue. 2. Compliance with the City's home occupation licensing requirements. 3. No storage of flammable liquids in the basement. 4. Storage of waste materials in tight-fitting metal containers. 5. The installation of smoke detectors on each level of the home. 6. The installation of one, 2A-10BC fire extinguisher in the work area of the home. 10 Seconded by Councilmember Carlson. Ayes - Mayor Bastian, Councilmembers Carlson and Rossbach. Nays - Councilmembers Juker and Zappa. 8-13-90 8=00 P.M., Conditional Use Permit= 2720 Maplewood Drive (Yankovec) a. Mayor Bastian convened the meeting for a public hearing regarding the request of Mr. Joseph Yankovec for approval of a conditional use permit to sell used cars at 2720 Maplewood Drive. b. Manager McGuire presented the staff report. c. Director of Community Development Olson stated that Mr. Yankovec is proposing to sell cars by appointment only. He would not keep cars at this location. A customer would call to see if a type of car was available. If so, Mr. Yankovec would set up an appointment and bring the car to the site. He expects no more than five customers per day. One or two cars would be typical. d. Mayor Bastian read the Planning Commission report. e. Mr. Joseph Yankovec, the applicant, spoke on behalf of his request. f. Mayor Bastian called for proponents and opponents. None were heard. g. Mayor Bastian closed the public hearing. h. Councilmember Juker moved to deny the request of Mr. Yankovec for a Conditional Use Permit to sel~ used cars at 2720 Maplewood Drive based on the fact this type of business would add to the problems of the heavily travelled roadways. Seconded by Councilmember Zappa. Ayes - Councilmembers Juker and Zappa. Nays - Mayor Bastian, Councilmembers Carlson and Rossbach. Motion failed. i. Councilmember Rossbach introduced the followinq resolution and moved its adoption= 90 - 8 - 136 WHEREAS, Joseph Yankovec applied for a conditional use permit to sell used cars. WHEREAS, this permit applies to 2720 Maplewood Drive. The legal description IN THE VILLAGE OF MAPLEWOOD REVISED DESCRIPTION NUMBER 988 A SPECIFIC PART OF SE 1/4 OF SE 1/4 OF SEC 4 TN 29 RN 22 WHEREAS, the history of this conditional use permit is as follows= 11 8-13-90 The Planning Commission discussed this application on July 16, 1990. They recommended to the City Council that said permit be approved. me The City Council held a public hearing on August 13, 1990. City staff published a notice in the pa~er and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations of the City staff and Planning commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described conditional use permit for the following reasons~ The use would be located, designed, maintained, constructed and operated to be in conformity with the City's. Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4e The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions= i 12 8-13-90 1. Obtaining a license to sell used cars. me Cars for sale shall only be brought to the site for a specific buyer. There shall be no more than two cars for sale at any one time. 0 Eleven parking spaces in front shall be striped and include one 12-foot-wide handicap and ten lO-foot-wide spaces. 4. No overnight parking of cars for sale. 5. All vehicles being sold, except when on a test drive, shall be identified as being For Sale clearly. Seconded by Councilmember Carlson. Ayes - Mayor Bastian, Councilmembers Carlson and Rossbach. Nays - Councilmember Juker and Zappa. Councilmember Juker moved tO Suspend the Rules of procedures to hear Ite~ F-6 and 7t H-1 and I-1 and reconvene at 3:30 P.M., Thursday, Auqust 16, 1990f to finish the rest of the Aqenda. Seconded by Councilmember Rossbach. Ayes - all. 6. 8:10 P.M., PUD Revision: 2696 Hazelwood Avenue (First Evangelical Church) a. Mayor Bastian convened the meeting for a public hearing regarding the request of First Evangelical Free Church to revise the conditional use permit for the planned unit development at 2696 Hazelwood Avenue. They would like to remodel the building for a church and day care center. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. The Planning Commission report was given. e. Mayor Bastian called for persons who washed to be heard for or against the proposal. The following were heard: Donna Flonte, Manager of 2730 Hazelwood Avenue Christine Stone, 2727 Hazelwood Chairman of North St. Paul Planning Commission Mr. Lynch, 2680 Hazelwood Ray Geiger, the architect f. Mayor Bastian closed the public hearing. 13 8-13-90 g. Councilmember Rossbach introduced the followinq resolution and moved its adoption= 90 - 8 - 137 WHEREAS, First Evangelical Free Church applied for a revision of the conditional use permit for a PUD to convert the Health Resources building at 2696 Hazelwood Avenue for church and day-care use; WHEREAS, the PUD now includes the 75-unit, Hazel Ridge Seniors' Residence office and community services programs for day care, health and wellness, and community health education; WHEREAS, this permit applies to 2696 and 2730 Hazelwood Avenue. The legal descriptions are= PLAT 03031 SECTION 3 TOWN 29 RANGE 22. PART OF N 800 FT OF S 1310 FT OF W 578 FT OF SE 1/4 DESC AS BEG ON EL THEREOF 458.6 FT N OF SE COR THEREOF TH N ON SD EL 341.4 FT TH N 88 DEG 55 MIN 02 SEC W 578 FT TH S 133 FT TH S 88 DEG 55 MIN 02 SEC E 33 FT TH S 70 DEG 45 MIN 30 SEC E 208.85 FT TH S 40 DEG E 97.65 FT TH S 69.67 FT TH S 88 DEG 55 MIN 02 SEC E 285 FT TO BEG (SUBJ TO HAZELWOOD AVE) IN SEC 3 TN 29 RN 22. PLAT 03031 SECTION 3 TOWN 29 RANGE 22. PART OF N 800 FT OF S 1310 FT OF W 578 FT OF SE 1/4 DESC AS BEG ON EL THEREOF 458.6 FT N OF SE COR THEREOF TH S ON SD EL 458.6 FT TH N 88 DEG 55 MIN 02 SEC W 578 FT TH N 667 FT TH S 88 DEG 55 MIN 02 SEC E 33 FT TH S 70 DEG 45 MIN 30 SEC E 208.85 FT TH S 40 DEG E 97.65 FT TH S 69.67 FT TH S 88 DEG 55 MIN 02 SEC E 285 FT TO BEG (SUBJ TO HAZELWOOD AVE & ESMT) IN SEC 3 TN 29 RN 22. WHEREAS, the history of this conditional use permit is as follows= The Planning Commission discussed this application on August 6, 1990. They recommended to the City Council that said permit be approved. 20 The City Council held a public hearing on August 13, 1990. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing a change to speak and present written statement.s The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described revision of the conditional use permit. Approval is based on the following reasons~ 14 8-13-90 mo The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. The use would not change the existing or planned character of the surrounding area. The use would not depreciate property values. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. The use would be served by adequate public facilities and services, including streets, Police and fire protection, drainage structures, water and sewer systems, schools and parks. The use would not create excessive additional costs for public facilities or services. Se The use would maximize the preservation of and incorporate the site's natural and scenic features into the develo~nent design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions= Ail construction must be in accordance with the approved site plan on Pages 9-11 of the July 13, 1990, staff report. The Director of Community Development may approve minor changes. The City Council may approve major changes. Final plans must be brought back to the City Council for approval. me This permit shall be subject to review after one year from the date of approval, based on the procedures in City code. The Director of Community Services shall be notified of any proposed development of the ball diamond prior to scheduling use of the softball/tee-ball facilities for an upcoming season. 15 8-13-90 Seconded by Councilmember Juker. Ayes - all. 8:25 P.M., Preliminary Plat Revision= Torgerson Addition Condition A. Right of Way Acquisition Condition B. Storm Sewer a. Mayor Bastian convened the meeting for a public hearing regarding the request of Mr. Donald Torgerson for revision of one of the conditions of preliminary plat approval for the Torgerson Addition. This condition states~ "City or applicant acquisition of the 35 by 163 foot parcel needed to construct Ripley Avenue as a full-width street, through to Desoto Street. If a City project, the applicant shall pay the cost of the feasibility study and all other City expenses to acquire this right-of-way, including attorney's fees." Mr. Torgerson is requesting this condition be changed to read as follows= "The developer pay the appraised price for the 60-foot easement, including appraisal fees, and the City assumes the legal fees for condemnation." Mr. Torgerson is also requesting a revision to the preliminary plat condition concerning storm sewer construction. b. Manager McGuire presented the staff condition. c. Director of Community Development Olson presented the specifics of the right of way acquisition revision. d. Director of Public Works Haider presented the specifics of the storm sewer revision. e. Mayor Bastian called for persons who wished to be heard for or against the proposal. The following were heard= Mr. Don Torgerson, 1822 Desoto, the applicant Mr. John Torgerson Mrs. Cummins, 1790 Desoto Street Mr. Dennis Cummins, 1790 Desoto Street Resident at 505 Bellwood f. Mayor Bastian closed the public hearing. g. Councilmember Rossbach moved to take no action on both requests. Motion died for lack of a second. h. Councilmember Zappa moved that the Torqersons and the City split the le al costs. 16 8-13-90 Motion died for lack of a second. i. Mayor Bastian moved to table this matter until the SeptAm~er 24r 1990 meetinq. Seconded by Councilmember Juker. Ayes - all. 8. 8=45 P.M., Conditional use Permit Renewal= English Street and Highway 36 (Englewood Shops) Cancelled. H. UNFINISHED BUS~NESS 1. Beam Avenue Public Hearing (4 Votes) a. Manager McGuire presented the staff report. b. Councilmember Zappa introduced the followinq resolution and moved its adoption= 90 - 8 - 138 WHEREAS, after due notice of public hearing on the construction of 36- foot wide bituminous roadway with concrete curb and gutter, storm sewer, sidewalk, utilities, and appurtenances on Beam Avenue from Trunk Highway 61 to County Road D, City Project 88-12, a hearing on said improvement in accordance with the notice duly given was duly held on July 9, 1990, 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= That it is advisable, expedient and necessary that the City of Maplewood construct a 36-foot wide bituminous roadway with concrete curb and gutter, storm sewer, sidewalk, utilities, and appurtenances on Beam Avenue from Trunk Highway 61 to County Road D, City Project 88-12, as described in the notice of hearing thereof, and orders the same to be made. The City Engineer is designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 3. The project budget is amended to $1,020,000. The project financing shall be as follows: Special Assessments Municipal State Aid 561,000 459,000 17 8-13-90 Seconded by Councilmember Carlson. NEW BUSINESS 1. $ 1,020,000 Ayes - all. Time Extension: Conditional Use Permit: Cottages of Maplewood a. Manager McGuire presented the staff report. b. Howard Rekstad, co-owner of Cottages of Maplewood, spoke on behalf of his request. c. Councilmember Rossbach moved to approv~ a on~-year time extension for the 670-unit Cottaqes of Maplewood seniors' pro~ect and requested that Mr. Rekstad install additional everareen trees on tod of the easterly berm next to 2144 Woodlynn Avenue as soon as there is money available. Seconded by Councilmember Zappa. Ayes - all. M. ADJOURNMENT Mayor Bastian recessed the meeting at 12=20 P.M., until 3=30 P.M., Thursday, August 16, 1990. CALL TO ORDER Mayor Bastian reconvened Meeting No. 90-17 at 3=33 P.M., on Thursday, August 16, 1990.. ROLL CALL Gary W. Bastian, Mayor Dale H. Carlson, Councilmember Frances L. Juker, Councilmember George F. Rossbach, Councilmember Joseph A. Zappa, Councilmember Present Present Present Present Present G. AWARD OF BIDS 1. Seal Coat, Project 90-17 a. Manager McGuire presented the staff report. b. Councilmember Zappa introduced the followinq resolution and moved its adoption: 90 - 8 - 139 18 8-13-90 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Allied Blacktop, Inc., in the amount of $38,808 is the lowest responsible bid for Maplewood Project 90-17, Seal Coating, 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 Councilmen~mer Rossbach. Ayes - all. 2. Park Improvement 90 1-P a. Manager McGuire presented the staff report. b. Director of Parks and Recreation Odegard presented the specifics of the proposed bid award. c. Councilmember Rossbach introduced the followinq resolution and move~ its adoption: 90 - 8 - 140 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Glenn Rehbein Excavating, Inc., in the amount of $791,076.00 is the lowest responsible bid for Parks Improvement Project 90 l-P, and the proper City officials are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded' by Councilmember Carlson. Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach and Zappa Nay - Councilmember Juker. d. Councilmember Rossbach approved the funding for the Project 90 1-P and additional costs for soil borings, Park Planner fees, tree transplanting, etc., are available through Tax Increment Financing, PAC Neighborhood Funds, PAC Commercial Charges, and Capital Improvement Project Funds. It is recommended the following Capital Improvement Projects be cancelled: PARK IMPROVEMENT FUND Project 368 Afton Heights Park ............. $ 8,000 Project 374 Gladstone Park ............... 54,000 Project 380 Lions Park ................. 40,000 Project 383 Maplewood Heights ............. 10,000 Project 389 Robinhood Park ............... 30,000 Project 391 Timber Park ................ 10,000 CAPITAL IMPROVEMENT FUND Project 334 Gladstone Improvements ........... $10,000 And the following appropriations be made from the above funds: 19 8-13-90 Seconded by Councilmember Carlson. PARK IMPROVEMENTS Harvest Park ..................... $125,000 Hazelwood Park .................... 27,000 CAPITAL IMPROVEMENT FUND Hazelwood ....................... $ 10,000 PAC Neighborhood Funds from Area 808 Hillside ..... 15,000 PAC Commercial Funds For Vista Hills Park ....... 60,000 Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach and Zappa. Nay - Councilmember Juker. H. UNFINISHED BUSINESS 2. Variance: 3069 Bellaire a. Manager McGuire presented 'the staff report. b. Director of Community Development Olson presented the specifics of the request for variance. c. Mr. Norman Swaeger, owner of the property, stated a variance was not necessary. The southerly property stake was incorrect. It should have been placed further south; henceforth, there is enough space to build the house within the guidelines. d. No action taken. NEW BUSINESS 2. Plan Amendment: Density Conversion Table (4 Votes) a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the proposal in detail. c. Councilmember Rossbach moved to table this matter for two weeks until the Meeting of August 27, 1990. Seconded by Councilmember Juker. Ayes - Mayor Bastian, Councilmembers Carlson, Juker and Rossbach. Nay - Councilmember Zappa. 20 8-13-90 3e 4e d. Mayor Bastian stated if Council had any concerns regarding this plan amendment to be sure and contact the Director of Community Development Olson. Land Use Plan and Rezoning Hearings a. Manager McGuire presented the staff report. b. Council stated this item would be discussed at a Meeting on August 20, 1990, at 6~00 P.M. Plumbing Fees a. Manager McGuire presented the staff report. b. Councilmember Rossbach introduced the followina resolution and moved it~ adopti0n~ 90 - 8 - 141 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the Plumbing Permit fees be set at $20.00 for the permit and $5.00 per opening or fixture. Seconded by Councilmember Juker. Mall Area Traffic a. b. Co Ayes - all. Manager McGuire presented the staff report. Director of Public Works Haider presented the report in detail. Gary Jackson, General Manager of the Maplewood Mall, spoke about plans for future development/expansion and encouraged Council to proceed to improve traffic flow in the area. d. Mayor Bastian noted there was in the Metro Area an instance where fiscal disparities rules were suspended temporarily to allow the City to obtain funds for a special highway project. The Mayor requested Staff to investigate. e. Councilmember Zappa moved to direct Staff to proceed with short term work as described in the Staff report. Seconded by Councilmember Rossbach. 6. Gambling Ordinance - 1st Reading Ayes - all. a. Manager McGuire presented the staff report. 21 8-13-90 b. Director of Public Safety Collins presented the proposed ordinance in detail. c. Bob Meyer, representing North Tartan Girls and Boys Basketball Clubs, and also as Commander of American Legion Post 39, requested the ordinance be change to allow his organizations to operate in Maplewood. d. Councilmember Zappa moved first readinq of the Charitable Gamblinq Ordinance as amended with the chanae to 10% of net receipts. Seconded by Councilmember Rossbach. Ayes - all. 7. City Hall Update a. Manager McGuire presented the Staff report. b. Mayor Bastian moved that the re=uest for additional payment be tabled until keys have been provided and the appearance of the sod is improved. Seconded by Councilmember Rossbach. Ayes - all. c. Council directed the manager to report back with suggested date to hold an open house for the new City Hall Expansion and what activities would there be. Manager's Salary. a. Councilmember Bastian moved that the Manaqer's base salary be increased by S2.200 Der year retroactive to his anniversary date in May and that he receive a $2,100.00 one-time sum in addition to the salary increase. Seconded by Councilmember Zappa. 9. Acceptance of Annual Audit Report a. Manager McGuire presented the staff report. Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach and Zappa. Nay - Councilmember Juker. b. Mayor Bastian moved to accept the annual audit report and directed the Manaaer to investiaate the suaoestions made bv the auditor and report back in November, 1990. Seconded by Councilmember Zappa. J. VISITOR PRESENTATIONS None. Ayes - all. 22 8-13-90 COUNCIL PRESENTATIONS 1. Conununity Design Review Board a. Councilmember Juker stated she had received the Minutes of the July 31, 1990, meeting and on the second page there is a motion regarding Truck Utilities. There was discussion regarding the cleaning up of the area, but the motion did not reflect the cleaning up of the Truck Utilities property. She requested this be referred back to the C.D.R.B. for rewording of the motion. b. Councilmember Juker also requested that only changes in site plans that had been previously approved should be presented to Council. c. Mayor Bastian moved that any chanaes o~ approved site plans come before the Council and that this condition be entered as a Council pollc¥~ Seconded. by Councilmember Juker. Ayes - all. d. Councilmember Juker moved that the C,D.R.B. be directed to review the Minutes of July 31. 1990. reqardinq Truck Utilities to possibly correct the motion. Seconded by Mayor Bastian. Ayes - all. e. Councilmember Zappa moved that staff investiaate the time frame ~or Council to aooeal a C.D.R.B. requirementr to look at the schedule and suaaest that it be presented to Council no later than 30 days, if this is possible. Seconded by Mayor Bastian. Ayes - all. me T.H. 36 and English a. Councilmember Juker questioned the hours of operation of Englewood Shops and to investigate if they are closer than 350 feet to residential areas. b. This item will be on the next Council Meeting Agenda. Compost Site a. Councilmember Rossbach commented on the smell coming from the compost site and the increased amount of activity and quantity since last Summer. b. Councilmember Rossbach moved to direct staff to watch the site ver~ closely, keeo track of the size of the ooeration and rec~est County to keep the site in qood shape. 23 8-13-90 Seconded by Mayor Bastian. Ayes - all. 4. Soil Stockpiling a. Councilmember Rossbach commented on several locations where soil has been stockpiled following building or street projects. b. Councilmember Rossbach moved to direct staff to investigate the try to eliminate these stockpiles and prevent future soil stockpiling. Seconded by Councilmember Zappa. Ayes - all. 5. N.E.S.T. a. Councilmember Zappa reported on the recent N.E.S.T. Meeting. N.E.S.T. is requesting that Maplewood contribute the same amount as last year, $25,700. b. No action taken. 6. Sterling Stop Sign a. Mayor Bastian moved to direct staff to investigate the possibility of a need for a stoD sion on Sterlin~ Street at RiDlev Avenue. Seconded by Councilmember Zappa. Ayes - all. 7. Manager/Council Meeting a. Mayor Bastian stated this item had already been discussed. L. ADMINISTRATIVE PRESENTATIONS None. M. ADJOURNMENT. 5:52 P.M. City Clerk l 24 8-13-90