HomeMy WebLinkAbout09-27-93 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, September 27, 1993..
Council Chambers, Municipal Building'
Meeting No. 93-21
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.
B. PLEDGE OF ALLEGIANCE
- C. ROLL CALL:
Gary W. Bastian, Mayor Present
Dale N. Carlson, Councilmember Present
Frances L. Juker, Councilmember Present
George F. Rossbach, Councilmember Present
Joseph A. Zappa, Councilmember Present
D. APPROVAL OF MINUTES:
1. Minutes of Council/Manager Workshop September 7, 1993
Councilmember .Zappa moved to aoorove the minutes of Council/Manager Workshop
(September 7. 1993) as presented.
Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers
Carlson, Rossbach, Zappa
Nays - None
Abstain - Councilmember Juker
2. Minutes of Meeting 93-20 (September 13, 1993)
Councilmember Zappa moved to aoorove the minutes of Meeting No. 93-20
jSeotember 13. 1993) as presented.
Seconded by Councilmember Carlson Ayes = all
E. APPROVAL OF AGENDA:
Mayor Bastian moved to approve the Agenda as amended:
L1 Kayser Property
L2 Boom Boxes
L3 Mayor's Update
Seconded by Councilmember Carlson Ayes - all
1 9-27-93
EA. APPOINTMENTS/PRESENTATIONS
1. Commendations - William Mikiska and Robert Bade
a. Mayor Bastian presented William Mikiska and Robert Bade with the
commendation plaques awarded by the Governor's Office for their efforts
during the St. Paul floods of June 25, 26 and 27, 1993.
2. Proclamation - 1993 Minnesota Manufacturing Week
a. Mayor Bastian introduced the following Proclamation and moved its
adoption:
PROCLAMATION
1993 MINNESOTA MANUFACTURING WEEK
October 18 - 22, 1993
WHEREAS, manufacturing employs one out of every five off-farm workers in
Minnesota; and
WHEREAS, manufacturing has the largest total payroll of any sector in
Minnesota, and the second highest average wage; and
WHEREAS, manufacturing produces $19.8 billion for Minnesota' economy
which is the largest single share (21%) of our gross State product; and
WHEREAS, manufacturing exports brought nearly $6.7 billion into the
State in 1992; and
WHEREAS, manufacturing businesses within the City of Maplewood
contribute to the financial stability and high quality of life in our
community; and
WHEREAS, some of the leaders in the manufacturing industry are located
within the City of Maplewood providing employment opportunities for
_ residents, enhancing the City's commercial property tax base, and
contributing to the welfare of the citizens through community service.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Maplewood does hereby proclaim the week of October 18 through October 22,
1993 as 1993 MINNESOTA MANUFACTURING WEEK in honor and recognition of the
contributions made by Minnesota's manufacturing industries.
Seconded by Councilmember Carlson Ayes - all
F. CONSENT AGENDA:
Councilmember Zappa moved. seconded by Councilmember Juker: aves - all, to
approve the consent agenda items F-1 thru F-9 and F-11 thru F-14 as
recommended. (Item F-10 moved to become J-7 L•
2 9-27-93
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $1,505,965.07 Checks #1385 - #1458
Dated 9-1-93 thru 9-15-93
$ 287,873.55 Checks #11107 - #11235
Dated 9-27-93
$1,793,838.62 Total per attached voucher/check
register
PAYROLL: $ 204, 323.55 Payroll Checks #36348 thru #36714
Dated 9-10-93
$ 46, 232.89 Payroll Deduction Checks #36719 thru
#36734 dated 9-10-93
$ 250, 666.44 Total Payroll
$2,044, 505.06 GRAND TOTAL
2. East Twins Gambling Permit
93-09-124
APPROVING CHARITABLE GAMBLING
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: that the
premises pernut for lawful gambling is approved for the East Twins Babe Ruth League to
be located at the Keller Lake Lounge, 2280 Maplewood Drive.
FURTHERMORE, that the Maplewood City Council requests that the Gambling
Control Division of the Minnesota Department of Gaming approve said permit application
as being in compliance with Minn. Statutes No. 349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City Council of
Maplewood, Minnesota, be forwazded to the Gambling Control Division for their approval.
3. Conditional Use Permit Review: 743 N. Century Ave. (Holiday Express Station)
Reviewed and approved aone-year renewal of the Conditional Use Pemut at 743 Century
Avenue allowing the expansion of the fuel station canopy, an additional pump island and
removal of five feet of the building front. This CUP is required because the expansion is
within 350 feet of a residential district.
4. Conditional Use Permit Review: 1255 E. Cope Avenue (Northern Hydraulics)
Reviewed and approved aone-year renewal of the Conditional Use Permit at 1255 E. Cope
Avenue which allows a commercial building within 350 feet of a residential district.
5. Conditional Use Permit Review: 2650 White Bear Avenue (Harmony School)
Reviewed and approved renewal of the Conditional Use Permit at 2650 White Beaz Avenue
for non-profit, education-related and child-care uses. Independent School Dishict 622 is
operating a kindergarten school program, special education and community education
programs at this site.
3 9-27-93
6. Conditional Use Permit Review: 1735 Kennard Street (Presentation Child Care)
Reviewed and approved afive-year renewal of the Conditional Use Permit at 1735 Kennard
Street where Presentation Church is operating a day care center.
7. Sterling Street, Project 87-45 -Change Order
93-09-125
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Sterling Street Improvements, Improvement Project 87-45, and has let a construction
contract pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Improvement Project 87-45, Change Order 4.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA that the Mayor and City Clerk are hereby authorized and
directed to modify the existing contract by executing said Change Order 4 in the amount of
$1,724.25
The project budget is amended to $1,119,830.00. The project financing is amended as
follows:
Special assessments $ 437,629.50
WAC Fund 200,000.00
MSA 456,664.38
General Obligation 25.536.12
Total $1,119,830.00
8. Budget Adjustment For CDBG Funds
Authorized increasing the appropriate revenue and expenditure accounts by $3,750 to
reflect the acceptance and disbursement of the Community Development Block Grant funds
received from Ramsey County for the lobby power assist doors.
9. Budget Transfer Request -Building Maintenance
Approved the transfer of $7,700 from the General Fund Contingency Account to the
Building Maintenance Department budget to pay for miscellaneous unanticipated building
and grounds expenses.
10. ADA Compliance Survey
MOVED TO BECOME J-7
4 9-27-93
il. Non-Discrimination/Sexual Harassment Policy Revision
Approved proposed revisions to the Non-Discrimination and Sexual Harassment
_ policies, reflecting the 1993 Legislative change which expanded the
protection of the Minnesota Human Rights Act.
12. 1993 Fire Department Contracts - Third quarter Payments
Authorized third quarter contract payments to the Fire Departments, based
upon the amounts in the 1992 contracts.
13. Resignation - Park and Recreation Commissioner
Authorized staff to advertise for the open position on the Park and
Recreation Commission created by the September 20th resignation of
Commissioner Mavis Hawkins whose term would have expired on December 31,
1994.
14. Assessment Appeal Settlement - Pinotti
93 - 09 - 126
SETTLEMENT OF ASSESSMENT - DONNA FAE PINOTTI - PROJECT 86-27
WHEREAS, pursuant to proper notice duly given as required byelaw, the
City Council met, heard and passed upon all objections to the proposed
assessment for construction of Larpenteur Avenue East from I-35E to Edgerton
Street as described in the files of the City Clerk as Project 86-27, passed
on September 14, 1992.
WHEREAS, pursuant to Minn. Stat. §429, Donna Fae Pinotti filed a Notice of
Appeal with respect to PIN No. 17-29-22-33-0036 in the amount of $1,625.00.
WHEREAS, the assessment appeal was duly scheduled in Ramsey County
District Court on August 4, 1993, at 9:00 a.m. as Court File No. C1-92-
12658.
WHEREAS, the City of Maplewood and Donna Fae Pinotti ehtered into a
Stipulation of Settlement in order to avoid protracted and continued
litigation and additional costs for a final determination of benefit.
WHEREAS, Donna Fae Pinotti has agreed to a reassessment of its parcel
known as 17-29-22-33-0036, also known as 1686 Arkwright Street, Maplewood,
- Minnesota, in the amount of $800.00 which represents residential street of
$300.00 and storm sewer of $500.00.
WHEREAS, Donna Fae Pinotti has waived through Stipulation the
requirements for notice and hearing pursuant to Minn. Stat. §429.071, Subd.
2.
NOW, THEREFORE, be it resolved by the City Council of Maplewood,
Minnesota, as follows:
The following parcel, 17-29-22-33-0036, located in the City
of Maplewood be vacated by $825.00 from $1,625.00 and that
the reassessment for the parcel (PIN No. 17-29-22-33-0036,
also known as 1686 Arkwright Street) be in the amount of
$800.00 which represents residential street ($300.00) and
storm sewer ($500.00).
Reassessment for PIN No. 17-29-22-33-0036 is $800.00
5 9-27-93
G. PUBLIC HEARINGS
1. 7:00 P.M. (7:05 P.M.), Maplewood Assisted Care Living Facility
Alley Vacation Street Vacation
Rezoning Lot Sale
Density Variance Parking Space Reduction
Approve the Plans Tax-Exempt Financing
a. Mayor Bastian convened the meeting for a public hearing regarding a
proposal from Volunteers of America to build a 66-unit assisted care
facility near the intersection of Cope Avenue and White Bear Avenue.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the
report.
d. Commissioner Fischer presented the Planning Commission report.
e. Commissioner Fischer presented the Planning Commission report.
f. City Attorney Kelly explained the procedure for public hearings.
g. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following persons were heard:
Jeff Anderson, Chief Financial Officer for VOA
Jerome Ritter, Attorney representing the applicant
Jay Harkins, Architect
Mary Ippel, Briggs and Morgan
Jerome and Maureen Daines
MAYOR BASTIAN EXCUSED HIMSELF FROM THE MEETING
h. Acting Mayor Juker closed the public hearing.
i. Councilmember Zappa moved to approve the request providin4 the VOA
aurchase the City-owned prooerty and the Daines property, and if they
have difficulty with the exoense they are to come back before the
Council.
MOTION DIED FOR LACK OF A SECOND
j. Councilmember Zappa moved to table this item for two weeks. to October
11. 1993.
Seconded by Councilmember Carlson Ayes - all
2. 7:30 P. M. (8:46 P.M.}: Canada Woods
a. Acting Mayor Juker convened the meeting for a public hearing regarding
a proposal from North Suburban Development, Inc. to develop lots for
fourteen homes along Walter Street, South of County Road D.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the
report.
6 9-27-93
d. Commissioner Kittridge presented the Planning Commission report.
e. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following persons were heard:
Ken Gust, Civil Engineer, representing the developer
Radmilla Popov, representing the seller of the proper~y
Patrick Connolly, representing 1070 E. County Road C
MAYOR BASTIAN RETURNED TO ASSUME THE CHAIR
f. Mayor Bastian closed the public hearing.
g. Councilmember Zappa moved to denv the oroiect and refer to develoaers
for an improved plan.
MOTION DIED FOR LACK OF A SECOND
Lot Width Variances
h. Councilmember Carlson introduced the followin4 Resolution and moved its
adoption:
93 - 09 - 127
LOT WIDTH VARIANCE RESOLUTION
WHEREAS, Mr. Jack Menkveld, representing North Suburban Development,
Inc. applied for a variance from the City Code.
WHEREAS, this variance applies to Lots 6 and 7, Block 2, Canada Woods
East.
WHEREAS, Section 36-69 of the Maplewood Code of Ordinances requires a
minimum lot width of seventy-five feet at the building setback line.
WHEREAS, Mr. Menkveld is proposing two lots that are 60 feet wide at the
building setback line.
WHEREAS, this requires lot-width variances of 15 fee on each lot.
WHEREAS, the history of this variance is as follows:
1. On September 8, 1993, the Planning Commission recommended that the
City Council approve these variances.
2. The City Council held a public hearing on September 27, 1993... City
staff published a notice in the Maplewood Review and sent notices to
the surrounding property owners as required by law. The Council gave
everyone at the hearing an opportunity to speak and present written
statements. The Council also considered reports and recommendations
from the City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described variances for the following reason:
1. The variances are because of circumstances that are unique to the
property. The owner did not cause these circumstahces~
7 9-27-93
2. The variances would not change the neighborhood's character.
3. The variances would meet the ordinance's intent since the lot width
at the back of the lots would exceed the minimum Code requirement.
Seconded by Councilmember Rossbach Ayes - Councilmembers Carlson, Juker,.,
Rossbach
Nays - Mayor Bastian, Councilmember
Zappa
Increased Front Setbacks
i. Councilmember Carlson moved to approve the request for a front setback
of 185 feet for Lot 6. Block Two: 290 feet for Lots 7. Block Two and 140
feet for Lot 7 Block One. The property owners must provide an all-
weather driveway to each house.
Seconded by Councilmember Rossbach Ayes - Councilmembers Carlson, Juker,
Rossbach
Nays - Mayor Bastian, Councilmember
Zappa
South-Facing Houses.
j. Councilmember Carlson moved to approve South-Facing houses on Lots 6 and
7. Block Two and on Lot 7. Block One. The house on Lot 7. Block One
shall be built up to the NSP easement.
Seconded by Councilmember Rossbach Ayes - Councilmembers Carlson, Juker,
Rossbach
Nays - Mayor Bastian, Councilmember'
Zappa
Rear Yard Setback Variances
k. Councilmember Carlson introduced the following Resolution and moved its
adoption:
93 - 09 - 128
REAR YARD SETBACK VARIANCE RESOLUTION
WHEREAS, North Suburban Development, Inc. applied for variances from the
City Code.
WHEREAS, these variances apply to Lots 6 and 7, Block 2 of Canada Woods
- East.
WHEREAS, the City Code requires a rear yard setback of 20% of the lot
depth.
WHEREAS, the houses on the above lots would be within that setback.
WHEREAS, the history of this variance is as follows:
1. On September 8, 1993, the Planning Commission recommended that the
City Council approve these variances.
8 9-27-93
2. The City Council held a public hearing on September 27, 1993. City
staff published a notice in the Maplewood Review and sent notices to
the surrounding property owners as required by law. The Council
gave everyone at the hearing an opportunity to speak and present
written statements. The Council also considered reports and
recommendations from the City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council allow homes on
these lots to use side yard setbacks from the rear lot lines for the
following reasons:
i. The variances are because of circumstances that are unique to the
property. The owner did not cause these circumstances.
2. The variances would not change the neighborhood's character.
3. The variances would meet the ordinance's intent, since the homes
would face south and have larger year yards with the variances.
Seconded by Councilmember Rossbach Ayes - Councilmembers Carlson, Juker,
Rossbach
Nays - Mayor Bastian, Councilmember
Zappa
Preliminary Plat
1. Councilmember Carlson moved to aoorove the Preliminarv Plat for Canada
Woods East Addition The develoaer shall comalete the following
conditions before aaoroval of the Final Plat:
1) Obtain the City Engineer's approval of final construction and
engineering plans. These plans shall include the utilities,
grading, drainage and erosion control plans. The erosion
control plan shall be consistent with the Ramsey Soil and Water
Conservation District Erosion Control Handbook.
2) The final plat shall have drainage and utility easements along
all property lines. These easements shall be at least ten feet
wide along the front and rear property lines and five feet wide
on the side property lines.
3) Record covenants or deed restrictions with the final plat that:
a) Prohibit the construction of a house or its attachments
within 100 feet of a pipeline.
b) Require the builders of the houses on Lots 1, 2, 6 and
7, Block 2 to install and maintain driveways and
driveway turn-grounds with the construction of the
houses.
c) Include the following statements for each lot next to
the NSP high-voltage power line easement:
This property is next to high voltage
transmission lines. Purchasers should be
aware that there is ongoing research on
adverse exposure to a magnetic field
9 9-27-93
generated by high-voltage lines. As of May
1990, scientific or health officials have
made no risk assessments to resolve the'.
health effects of long or short term.
exposures to magnetic fields. Purchasers
with concerns about the exposures should
contact competent medical or health
inspectors or agencies for current risk
assessment information.
d) If the developer decides to final plat part bf the
preliminary plat, the City may waive any conditions that
do not apply to the final plat.
Seconded 6y C~uncil'member Rossbach Ayes - Counci7members Carlson, Juker,
Rossbach
Nays - Mayor Bastian, Councilmember
Zappa
Rezoning
m. Councilmember Carlson introduced the following Resolution and moved its
adoption:
93 - 09 - 129
ZONING MAP CHANGE RESOLUTION
WHEREAS, the Director of Community Development is proposing that the
City change the zoning map from F (farm residential) to R-1 (single
dwellings).
WHEREAS, this change applies to the properties located south of County
Road D, between the Little Canada border and 1034 County Road D. The legal
descriptions of these properties are:
Except the west 200 feet of the north 433 feet and except the east
20 acres, the north 639.8 feet of the NW 1/4 of the NE 1/4 (subject
to roads and easements) in Section 29, Township 29, Range 22
WHEREAS, the history of this change is as follows:
1. On September 8, 1993, the Planning Commission recommended that
the City Council approve this change.
2. The City Council held a public hearing on September 27, 1993.
city staff published a notice in the Maplewood Review and sent
notices to the surrounding property owners. The Council gave
everyone at the hearing an opportunity to speak and present
written statements. The Council also considered reports and
recommendations from the City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described change in the zoning map for the following reasons:
1. The proposed change is consistent with the spirit, purpose and
intent of the zoning code.
10 9-27-93
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.
5. The proposed change would be consistent with' the proposed
development and with the land use plan.
Seconded by Councilmember Zappa Ayes - all
3. 7:50 P. M.: Conditional Use Permit: 2610 Highway 611 (Mitsubishi)
a. Mayor Bastian convened the meeting for a public hearing regarding .
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the
report.
d. Commissioner Kittridge presented the Planning Commission report.
e. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following was heard:
David Phillips, .representing the applicant
f. Mayor Bastian closed the public hearing.
g. Councilmember Zappa introduced the following Resolution and moved its
adoption:
93 - 09 - 130
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Rick Kline applies for a conditional use permit to expand an
automobile maintenance garage within 350 feet of a residential lot line.
WHEREAS, this permit applies to 2610 Highway 61. The legal description
is:
Speiser's Arbolada, subject to road and easements and vacated road,
accruing and except Northeasterly 3 feet; Lot 12, also part of Lots
5 and 10 lying northerly of a line 240 feet northerly of and par
with the South line of Block 1 and all of Lot 4 and Lot 11 Block 1.
and
11 9-27-93
Speiser's Arbolada, subject to road and easements and the vacated
road accruing; part of Lots 5 and 10 lying southerly of a line 240
feet northerly of and par with the south line of Block 1 and all of
Lots 6 through Lot 9, Block 1.
WHEREAS, the history of this conditional use permit is as follows:
1. On September 20, 1993, the Planning Commission recommended that
the City Council approve this permit.
2. The City Council held a public hearing on September 27, 1993.
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 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, because:
1. 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.
4. 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, electric interference or
other nuisances.
5. 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.
6. 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.
8. 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.
10. There would not be a significant affect on the development of
the parcel as zoned.
Approval is subject to the following conditions:
1. All construction shall follow the site plan that the City
stamped August 4, 1993. The Director of Community Development
may approve minor changes.
12 9-27-93
2. The proposed construction must be substantially started within
one year of Council approval or the- permit shall end. Thee
Council may grant up to one one-year extension of the permito
3. The City Council shall review this permit in one year.
4. Property owner to clean up and maintain his property on County
Road C and Highway 61 within 6 months or occupance permit will
not be issued.
Seconded by Councilmember Rossbach Ayes - all
H. AWARD OF BIDS
NONE
I. UNFINISHED BUSINESS
1. Gervais Avenue - Project 88-14: Assessment Objections
a. Manager McGuire presented the staff report.
b. Councilmember Zappa moved that no adustments be made to the assessment
roll of Pro.iect 88-14. Gervais Avenue.
Seconded by Councilmember Carlson.. Ayes - all
MAYOR BASTIAN CALLED FOR A 5 MINUTE RECESS
MAYOR BASTIAN RECONVENED THE MEETING AT 10:07 P.M.
2. Liquor Ordinance (2nd Reading)
a. Manager McGuire presented the staff report.
b. Director of Public Safety Collins presented the specifics of the report.
c. Councilmember Zappa introduced the following Ordinance and moved its
.adoption:
ORDINANCE N0. 713
AN ORDINANCE AMENDING MAPLEWOOD'S ALCOHOLIC BEVERAGE ORDINANCE
THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS:
Section 5-5 is amended to read as follows:
Sec. 5-5. Drinking 3.2% alcohol, beer or intoxicating liquor on public
streets, public property, while trespassing on private property.
No person shall, upon the public streets, and public property, or being
trespasser upon the private premises of another, drink 3.2% alcohol, beer or
intoxicating liquor.
Sec. 5-22. Hours of Sale, Hours of Consumption.
No 3.2% malt liquor
13 9-27-93
Section 5-21 definitions is hereby amended to read:
3.2% malt liquor; 3.2% malt liquor is malt liquor containing not less than
one-half of one percent of alcohol by volume. No more than 3.2% alcohol by
weight.
Section III, 5-22 Hours of Sale, Hours of Consumption is amended to read:
No 3.2% malt liquor shall be sold in the City between 1:00 A.M. and 12:00
noon on Sundays.
No "on-sale" licensee shall permit 3.2% malt liquor to be consumed on the
licensed premises during the hours when the sale thereof is prohibited by
this section; provided, however, that the licensee shall be allowed a 30-
minutes period following the 1:00 A.M. closing hour to clear the premises of
customers who are on the premises at 1:00 A.M. and suc' customers during
that time may consume 3.2% malt liquor beverages purchased by them before
1:00 A.M.
Section IV, Section 5-23. Persons under 21 years; sale to, consumption by,
procuring for; etc. shall be amended to read as follows:
It is unlawful in the City for a:
(1) Licensee or the licensee's employee to sell or serve 3.2% malt liquor to
a person under the age of 21 years or to permit a person under the age
of 21 years to consume 3.2% malt liquor on the licensed premises;
(2) Person other than the parent or legal guardian to procure 3.2% malt
liquor for a person under the age of 21 years;
(3) Person to induce a person under the age of 21 years to purchase or
procure 3.2% malt liquor.
(4) Person under the age of 21 years to claim to be 21 years or older for
the purpose of obtaining 3.2 malt liquor;
(5) Person under the age of 21 years to consume any 3.2% malt liquor unless
in the company of the person's parent or guardian;
(6) Person under the age of 21 years to possess any 3.2% malt liquor, with
intent to consume it at a place other than the household of the person's
parent or guardian. Possession at a place other than the household of
the person's parent or guardian is prima facie evidence of intent to
consume it at a place other than the household of the parent or
guardian.
Sec. 5-24 is hereby amended:
Sec. 5-24. Person must be 21 years of age to deliver, sell, serve or vend
3.2% malt liquor.
(a) It is unlawful for a person under the age of 21 years to deliver, sell,
serve or vend 3.2% malt liquor to a person in the City.
(b) It is unlawful for a person under the age of 21 years to deliver, sell,
serve or vend 3.2% malt liquor to a person in the City.
Sec. 5-36. Required to sell at retail; types of licenses.
14 9-27-93
Except as provided in this section, it is unlawful to sell non-intoxicating
malt liquors at retail in the City except when licensed under this article.
Two types of annual licenses are issued for the sale of 3.2% malt liquors;
(1) "On-sale" licenses permit the licensee to sell 3.2% malt liquors for
consumption on the licenses premises, and the license fee therefor is
fixed by the City Council and paid to the City. "On-sale" licenses are
granted only to drug stores, restaurants, hotels, bona fide clubs, and
establishments for the sale of 3.2% malt beverages, and soft drinks at
retail. A club or charitable, religious, or non-profit organization may
be issued a temporary "on-sale" license for the sale of 3.2% malt liquor
on and off school grounds, and in and out of school-houses and school
buildings. Temporary licenses are subject to such terms, including a
license fee as the City Council prescribes.
(2) "Off-sale" licenses permit the licensee to sell 3.2% malt liquors in the
original packages for consumption off the premises only, and the license
fee therefor is fixed by the City Council. and paid to the City.
Section 5-35 shall be amended to read:
Section 5-35. Persons eligible to be issued licenses:
Licenses under this article may be issued only to persons who are citizens
of the United States or resident aliens and who are of good moral character
and repute, who have attained the age of 21 years and who are managers of
the establishments for which the licenses are issued. In the event that a
corporation or partnership is the owner of the establishment, then the
licenses shall then be issued to the primary and acting manager of the
establishment and the designated corporate officer or in the case of a
partnership a designated partner. The corporation or partnership which is
the owner of an establishment shall notify the City within 48 hours if the
person licensed as the primary and acting manager of the establishment can
no longer perform the duties of a primary and acting manager. This includes
but is not limited to reassignment, termination, or demotion. The
corporation or partnership shall immediately have the new primary and acting
manager apply for a license.
Sec. 5-37. Persons not eligible to be issued licenses.
No license may be issued to:
(1) No license may be issued to a person who has had an intoxicating liquor
or 3.2% liquor license revoked within five years of the license
application.
5-38. Premises which may not be licensed; limitations on number of licenses.
(a) No "on-sale" or "off-sale" 3.2% malt beverage license may be issued
under this article to premises licensed as a motor fuel station, motor
fuel station convenience store, internal motor fuel station, major motor
fuel station or truck stop, as defined in Section 36-151 of this Code.
(b) No 3.2% malt liquor license may be issued under this article for
premises located within an area wherein such use of the premises is
prohibited by the zoning ordinance, nor within an area where such sales
are forbidden by state law or any other ordinance of the City.
15 9-27-93
(c) No "on-sale" license may be issued under this article for premises
located within 100 feet of a church or school building located in the
City, and no "off-sale" license shall be issued for premises located
within 100 feet of a church or school building. The distance is to be
measured from the main entrance of the licensed premises to the nearest
property line of said church or school.
Sec. 5-41. Unlawful possession by licensee, agent, etc., of 3.2% malt liquor and
intoxicating liquor on licensed premises.
It is unlawful fora person licensed under this article, but not licensed to
sell 3.2% malt liquor and intoxicating liquor, and for any of the person's
agents, or employees to possess on premises licensed under this article,
intoxicating liquor, as defined in Section 340A.101, Minnesota Statutes, for
the purpose of consumption by anyone.
Sec. 5-43. Application-Generally.
A person seeking a license under this article must apply to the City Council
for the license by filing a written application with the City Clerk. The
City Clerk must present the application to the City Council. An application
must contain the following:
(1) The applicant's name and place of residence.
(2) The exact location of the place at which the applicant proposes to sell
3.2% malt liquors.
(3) Whether the applicant has ever previously been engaged in the business
of selling 3.2% malt liquors or in the business of selling foodstuffs in
the City, and if so, when and where.
Sec. 5-72. Persons eligible to be issued licenses.
Licenses under this article may be issued only to persons who are citizens
of the United States or resident aliens and who are of good moral character
and repute, who have attained the age of 21 years and who are managers of
the establishments for which the licenses are issued. In the event that a
corporation or partnership is the owner of the establishment, then the
licenses shall then be issued to the primary and acting manager of the
establishment and the designated corporate officer or in the case of a
partnership a designated partner. The corporation or partnership which is
the owner of an establishment shall notify the City within 48 hours if the
person licenses as the primary and acting manager of the establishment can
no longer perform the duties of a primary and acting manager. This includes
but is not limited to reassignment, termination, or demotion. The
corporation or partnership shall immediately have the new primary and acting
manager apply for a license.
Sec. 5-76. No more than one license for any one person or premises;
(a) No more than one off-sale or on-sale intoxicating liquor license may be
issued to any one person or for any one place.
(b) It is unlawful for a person to knowingly have or possess an interest in
more than one license in the City and upon conviction therefor the City
Council may immediately revoke all licenses of the person. The term
"interest", as used in this section, shall be as defined in Section
340A.412, Subd. 3, Minnesota Statues.
16 9-27-93
Sec. 5-83. Transfers of licenses; change of corporate officers.
(a) No license granted under this article may be transferred from person to
person or from place to place without the consent of the Council, which
consent shall be by resolution passed by the Council.
5-84. Suspension or revocation of license issued under article.
The authority issuing or approving a license or permit pursuant to chapter
340A, Minnesota Statutes and this article may suspend for up to 60 days or
revoke the license or permit or impose a fine of up to 52,000 for each
violation, on a finding that the licensee or permit holder has violated an
applicable statute, regulation or ordinance relating to intoxicating liquor.
No suspension or revocation shall take effect until the licensee or permit
holder has been afforded an opportunity for a hearing pursuant to Sections
14.57 to 14.69 of the Administrative Procedure Act. The hearing shall be
before an Administrative Law Judge pursuant to the Administrative Procedure
Act and all costs and expenses associated with the hearing shall be paid by
the licensee. Said licensee may elect said hearing within five days after
the notice of intent to suspend or revoke is issued. If licensee elects
said hearing shall be held at the earliest available date.
- Sec. 5-110. Certain premises ineligible for license.
(a) No "on-sale" license may be issued for the first time under this
division for premises located within 100 feet of a church or school
building in the City. Said measurement shall be from the main entrance
to the nearest property line of said church or school building.
(b) No "off-sale" license may be issued for the first time under this
division for premises located within 100 feet of a church or school
building in the City. Said distance shall be measured from the main
entrance to the nearest property line of said church or school building.
Seconded by Councilmember Carlson. Ayes - all
3. Animal Control Ordinance (2nd Reading)
a. Manager McGuire presented the staff report.
b. Director of Public Safety Collins presented the specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council
regarding this matter. The following was heard:
Jill Munson, Assistant Director, St. Paul Humane Society
d. Councilmember Carlson moved to include an amendment to Sec. 7-5. (b) as
follows: "nor animals kept on a temporary basis of not more than 21
days for purposes of veterinary carer nor does it apply to .those
individuals designated as foster care homes by the Humane Society. said
foster care services shall be limited to 21 days."
Seconded by Councilmember Zappa Ayes - Councilmembers Carlson, Juker,
Rossbach, Zappa
Nays - Mayor Bastian
17 9-27-93
ORDINANCE N0. 714
AN ORDINANCE AMENDING MAPLEWOOD'S ANIMAL ORDINANCE
Chapter 7
Sec. 7-3. Quarantine of animal which has bitten a person; destruction of rabid animals.
(a) Any dog or other animal that has bitten a person and caused an abrasion or
puncture of the skin shall immediately be quarantined for a minimum of ten (10)
days. Such an animal shall be confined at a veterinary hospital or at the
owner's home in such a manner that it does not escape or come in contact with
other people or animals. When the dog or animal is quarantined as stated above,
it shall be at the owner's expense. A quarantine report must be completed by the
local animal control agency. Stray animals that have bitten a person shall be
quarantined through the local animal control agency. Dogs that are involved in
two (2) or more bites are subject to Sec. 7-80 and Sec. 7-81.
(b) No police officer or other person shall kill, or cause to be killed; any animal
suspected of being rabid, except after the animal has been placed in quarantine
and the diagnosis of rabies made. (Code 1965 §1101.140)
Sec. 7-4. Keeping of animals.
For the purpose of this section, the following words, terms and phrases shall have
the following respective meanings ascribed to them:
Wild or exotic animal: "Wild animal" or "exotic animal" means any mammal, amphibian,
reptile or bird which is of a species not usually domesticated and of a species
which, due to size, wild nature or other characteristic, is dangerous to humans. The
term includes animals and birds, the keeping of which is licenses by the state or
federal government, such as wolves, raptors and pheasants. By way of example and not
of limitation, the term includes: snakes, eagles, ocelots, jaguars, cougars, weasels,
ferrets, badgers, monkeys, chimpanzees, deer and bison. The term also .includes
crossbreeds such as the cross between dogs and coyotes and dogs and wolves.
Sec. 7-5. Keeping of certain animals absolutely prohibited; exceptions.
Sec. 7-5. Keeping of certain animals absolutely prohibited; exceptions.
(a) Prohibited animals. No person shall keep, maintain or harbor within the City of
Maplewood any of the following animals:
(i) Any animal or species prohibited by federal or Minnesota law.
(2) Any exotic animal or species when kept in such numbers or in such a way
as to constitute a likelihood of harm to the animals themselves, to
human beings or to the property of human beings, or which constitutes a
public or private nuisance.
(3) Any skunk, whether captured in the wild, domestically raised, descented
or not descented, vaccinated against rabies or not vaccinated against
rabies.
(4) Any large cat or members of the family Felidae, such as lions, tigers,
jaguars, leopards, cougars and ocelots, except commonly accepted
domesticated cats.
18 9-27-93
(5) Any member of the family Canidae, such as wolves, dingoes, coyotes and
jackals, except domesticated dogs.
(6) Any crossbreed such as the crossbreed between dogs and coyotes and dogs
and wolves.
(7) Any raccoon.
(8) Any red-eared turtle (Pseudemys scriptaelegans) with a shell length of
less than four (4) inches.
(9) Any Vietnamese pot-bellied pig.
(b) Exceptions. This section does not apply to animals which are temporarily brought
into the City for the purpose of participating in any circus or show; nor does
it apply to any public zoo or persons keeping animals for a public zoo as
volunteers, Docents or otherwise; nor to any bona fide research institution or
veterinary hospital, provided protective devices adequate to prevent such animal
from escaping or injuring the public are provided; nor animals kept on a
temporary basis of not more than 21 days for purposes of veterinary care; nor
does it apply to those individuals designated as foster care homes by the Humane
Society, said foster care services shall be limited to 21 days.
Sec. 7-6. Impoundment of wild or exotic animals.
Any wild animal kept in violation of this Ordinance may be impounded by the City.
Unless such impounded animal is reclaimed and removed from the City or issued a
permit to allow it to remain in the City or unless the owner petitions the District
Court for a determination that the animal is exempt from the provisions of this
Ordinance, the anima} may be destroyed or sold seven (7) days following notice. to the
owner of such animal of its impoundment and the provisions of this Ordinance. Any
person reclaiming any such animal shall pay the costs of impounding and boarding the
same at the time of its release.
DIVISION 6. SMALL KENNEL LICENSES
Sec. 7-96. Construction and purpose of division.
This division is supplementary to and in addition to all other provisions of this
Code or other ordinances in effect relating to the ownership, care and custody of
dogs within the City and is deemed necessary by the Council in order to regulate and
control the ownership and the keeping of dogs in and near residential areas of the
City. (Code 1965, §1103.010).
Sec. 7-97. Required; limited to licensee's dogs; zoning classifications where permitted.
(a) No person shall keep more than two (2) dogs over three (3) months of age anywhere
within the City without first obtaining a small kennel license under this
division for the keeping of such dogs for breeding, sale or show purposese
(b) Any licensee under this division may not board or train dogs belonging to other
persons on such licenses premises.
(c) Small kennel licenses will not be issued under this division in any part of the
City, except on property zoned commercial or farm residential or residential $-1.
(Code 1965, §1103.030, §1103.040; Ord. No. 671, §1,9-24-90).
19 9-27-93
Sec. 7-98. Application; investigation; grant or denial of license.
(a) Application. Any person desiring a small kennel license required under the
provisions of Section 7-97 shall make written application therefor to the City
Clerk upon a form prescribed by and containing such information as required by
the City Clerk. Among other things, the application shall contain the following
information:
(1) A description of the real property upon which it is desired to keep the
animal or animals.
(2) The species and number of animals to be maintained on the premises.
(3) A statement that the applicant/permittee will at all times keep the
animals in accordance with all the conditions prescribed by the Director
of Public Safety, or a modification thereof, and that failure to obey
such conditions will constitute a violation of the provisions of this
chapter and grounds for cancellation of the permit.
(4) Such other and further information as may be required by the Director of
Public Safety.
(b) Consent. The applicant for any permit required under the provisions of Section
7-97 shall provide with the application the written consent of seventy-five (75)
percent of the owners or occupants of privately or publicly owned real estate
within one hundred fifty (150) feet of the outer boundaries of the premises for
which the permit is being requested or, in the alternative, proof that
applicant's property lines are one hundred fifty (150) feet or more from any
structure. However, where a street separates the premises for which the permit
is being requested from other neighboring property, no consent is required from
the owners or occupants of property located on the opposite side of the street.
Where a property within one hundred fifty (150) feet consists of a multiple
dwelling, the applicant need obtain only the written consent of the owner or
manager or other person in charge of the building.
(c) Investigation by the Director of Public Safety; may grant permit. The Director
of Public Safety shall make such investigation as is necessary and may grant,
deny or refuse to renew any application for permit under this chapter.
(d) Permit; conditions. If granted, the permit shall be issued by the City Clerk and
shall state the conditions, if any, imposed upon the permittee for the keeping
of animals under the permit. The permit shall specify the restrictions,
limitations, conditions and prohibitions which the Director of Public Safety
deems reasonably necessary to protect any person or neighboring use from
unsanitary conditions, unreasonable noise or odors or annoyance or to protect the
public health and safety. Such permit may be modified from time to time or
revoked by the Director of Public Safety for failure to conform to such
restrictions, limitations or prohibitions. Such modification or revocation shall
be effective from and after ten (IO) days following the mailing of written notice
thereof by certified mail to the person or persons keeping or maintaining such
animals.
(e) Outside kennel. An outside kennel must be constructed of open-faced, galvanized
fabric of suitable size to maintain and secure the keeping of particular breeds
of dogs and to allow for sufficient space for particular breeds of dogs to
exercise freely. Surface must be constructed of material of either concrete or
gravel of sufficient depth to provide for proper cleaning, drainage, maintenance
and needs of all particular breeds of dogs.
20 9-27-93
(f) Refusal to grant or renew a perrnit. The Director of Public Safety may refuse a pernut to
keep or maintain animals hereunder for failure to comply with the provisions of this
chapter, if the facilities for the keeping of the animals are or become inadequate for their
purpose, if the conditions of the permit aze not met, if a nuisance condition is created, or if
the public health and safety would be unreasonably endangered by the granting of such
pernut. Refusal to grant or renew a small kennel license by the Duector of Public Safety
maybe appealed to the City Council,
Sec. 7-99. Application and renewal fees.
The inifial application fee for a small kennel license under this division shall be imposed, set,
established and fixed by the City Council, by resolution, from time to time, and the annual
renewal fee for any license issued under this division shall be imposed, set, established and fixed
by the City Council, by resolution, from time to time. (Code 1965, § 1103.080).
Sec. 7-100. Limitation on number of dogs over three months of age that may be kept on licenses
premises.
The maximum number of dogs over three (3) months of age which maybe kept under a small
kennel license issued under this division shall be three (3). (Code 1965, § 1103.050).
Sec. 7-101 - 7-115. Reserved.
Seconded by Councilmember Zappa Ayes - Councilmembers Carlson, 7uker,
Rossbach, Zappa
Nays -Mayor Bastian
f Councilmember Zappa moved to direct staff to study licensing and impounding fees vs other
communities our size and in different areas.
Seconded by Councilmember Juker Ayes -All
- COUNCILMEMBER ZAPPA MOVED TO WAIVE THE RULES OF PROCEDURE TO
EXTEND THE MEETING UNTIL THE AGENDA IS COMPLETED.
SECONDED BY COUNCILMEMBER JUKER AYES -ALL
J. NEW BUSINESS
1. St. Paul Metro Treatment Center (Methadone Clinic)
a. Manager McGuire presented the staff report.
b. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter.
The following were heard:
Bob Pazsons, 2229 Prosperity Road
Kelly Phillips, Faegre and Benson, Attorney
Rosemary McNally, Director of the Clinic
Rod Daimer, Golden Valley Police Department
Joe Fleming, Flemings Service Center
Lori LaBey, 1758 Lazk
21 9-27-93
c. Councilmember Zappa moved to monitor the Clinic for 60 days.
MOTION DIED FOR LACK OF A SECOND
d. Councilmember Rossbach moved to direct staff to place No Parking liens on Prosperity
from Lark to County Road B• to meet with designated members of the community to
research conditions (including looking at signaee: Stop -Children at Plat - No U Turn -
No Parking); with Clinic personnel regazding_possible extension of the fence to White
Beaz Avenue. allowable building capacity, and resolution of snow removal questions•
research the abstract for any restrictions relafive to creating a nuisance in the
neighborhood: and monitor the situafion with a report back to Council on October 11
Seconded by Councilmember Juker Ayes -all
e. Councilmember Zappa moved to direct staff to research the zoni~ issue to restrict clinics
in areas: study possibility of licensing of clinics
Seconded by Councilmember Juker Ayes -all
2. Larpenteur and English - 4 -Way Stop Sign Request
a. Manager McGuire presented the staff report.
b. Councilmember Juker moved to request Ramsey County Traffic En ing Bering Division to
analyze the intersection for possible addition of four-way stop liens
Seconded by Councilmember Cazlson Ayes -all
3. Preliminary Plat Time Extension: Beth Heights
a. Manager McGuire presented the staff report.
b. Councilmember Zappa moved to grant a time extension for the Beth Heights Preliminary
Plat subject to the following amended conditions•
1) Have the City Engineer approve final construction plans. These plans shall include
the grading, utility, drainage, erosion control, tree and street plans. These plans
shall meet the following conditions:
a) The grading plan shall show the depth and location of the Williams Brothers
pipelines.
b) For the sedimentation basins:
(1) Each basin shall provide 0.10 acre-feet of storage above normal elevation
for each tributary acre.
(2) If the slopes on a basin aze steeper than 10 horizontal to 1 vertical, the
developer shall fence the sedimentation basin. The fence shall be five
feet high, green vinyl-clad chain link and shall be at the ordinary high
water mark. The developer shall landscape the sedimenta$on basin site
with evergreen trees.
22 9-27-93
(3) To provide room for storing sediment, the
developer shall excavate the sedimentation
basin to four feet below the normal water
level.
c) The developer shall design the utilities to serve the
property across Linwood Avenue.
d) The erosion control plans shall be consistent with the
Ramsey Soil and Water Conservation District Erosion and
Sediment Control handbook.
e) The streets shall be 28 feet wide from face to face of
the concrete curb and gutter with no parking on one
side.
f) The grading plan shall include a proposed building pad
elevation and contour information for each home site, as
well as the areas to be disturbed for street
construction. Housing styles shall be illustrated which
minimize grading on sites that contain desirable mature
trees and steeper slopes. Deviation from this approved
grading plan may be permitted by the City Engineer,
- provided that the intent of the overall grading plan is
complied with.
2) Sign an agreement with the City that guarantees that the
developer or contractor will:
a) Complete all public improvements and meet all City
requirements.
b) Place temporary orange safety fencing and signs at the
grading limits.
c) Have NSP install street lights in four locations,
primarily at street intersections. The exact location
and type of lights shall be subject to the City
Engineer's approval.
d) Install permanent signs around the edge of the wetland.
buffer areas. These signs shall mark the edge of the
buffer areas and shall state there shall be no mowing,
vegetation cutting, filling or dumping of lawn waste.
e) Pay the City for the cost of no-parking, traffic-control
and street identification signs.
f) Remove any junk, debris or tires from the wetlands and
the site.
3) Approval of a tree removal and planting plan by the City
Engineer. No grading or construction may begin nor will the
City give final plat approval until the City Engineer approves
this plan. This plan must show woodlots on the site. This plan
must also show the location, size and species of trees over
eight inches in diameter that the developer intends to remove or
keep. This plan does not need to show box elders, cottonwoods
and poplars. This plan must also show the location, size and
species of trees that the developer will plant as replacement
trees.
23 9-27-93
4) Deed restrictions shall be filed on Lots 1-5, Block 1,
"prohibiting construction of any deck or addition attached to
the dwelling, within 100 feet of the Williams Brothers pipeline,
unless the City Council approves an exemption."
5) All present outbuildings associated with the existing dwelling
shall be removed. The existing dwelling shall be removed or
relocated to meet setback requirements on Lot 7, Block 2, or if
this dwelling is to remain in its present location, the lots to
the north shall be adjusted so a 31-foot rear-yard setback can
be met from the proposed north lot line.
6) Deed Outlot A and Lot 1, Block 1 to the City fora parking lot
for Vista Hills Park, in lieu of park availability charges.
7) The City awarding contracts for the Sterling Street improvement
project or the developer .instructing sanitary sewer to the
existing sanitary sewer in Linwood Avenue.
8) Deed Outlot B to the City.
9) The developer shall complete all grading for public improvements
and overall site drainage. The City Engineer shall include any
of this grading that is not completed before final approval in
the developer's agreement.
10) The developer shall show the street names on the plat as
follows:
a) The East-West street that intersects with Sterling
Street shall be na^~ed "Hillwood Drive.
b) The cul-de-sac street that intersects with Hillwood
Drive shall be named "Oakridge Lane."
c) The North-South street that intersects with Linwood
Avenue shall be named "Ferndale Street."
d) The cul-de-sac street that intersects with Ferndale
Street shall be named "Beth Court."
11) Give the City wetland buffer zone easements over all lots that
are next to a wetland. This easement shall prohibit mowing,
cutting, filling or dumping within twenty feet of the wetland.
12) Show 'all wetland boundaries on the plat.
13) The final plat shall have drainage and utility easements along
all property lines. These easements shall be ten feet wide
along the front and rear property lines and five feet wide along
the side property lines.
14) Revise the plat so there is no filling in the DNR-protected
wetland, except for the Hillwood Drive cul-de-sac. The
developer shall not fill this area unless the DNR approves a
permit.
15) Revise the plat to provide sedimentation basins as required by
the DNR. Provide an outlot for each sedimentation basin. Deed
these outlots to the City.
24 9-27-93
16) Revise the plat so there is at least 10,000 square feet above
any drainage easements or the ordinary high water mark of a
wetland.
Seconded by Councilmember Carlson Ayes - a1T
c. Councilmember Zappa introduced the following Resolution and moved its
adoption:
93 - 09 - 131
STREET WIDTH CODE VARIATION RESOLUTION
WHEREAS, the City Engineer requested a variation from the City Code.
WHEREAS, this code variation applies to the Beth Heights development
that is north of Linwood Avenue and east of Sterling Street.
WHEREAS, the legal description for this property is:
Except that part easterly and southeasterly of the following
described lines: Beginning on the south line of the SW 1/4 of the SE
1/4 at a point 310 feet west of the SE corner thereof; then north O1
degrees, 12 minutes, 27 seconds west for 525 feet, then east
parallel with the south line of said 1/4 1/4 for 89.99 feet, then
north 09 degrees, 12 minutes, 30 seconds east for 133.80 feet, then
northeasterly around a curve with a radii of 60 feet for 150.06
feet, then north 45 degrees, 54 minutes, 30 seconds east for 214.38
feet to the east line of said 1/4 1/4 and there terminating; the SW
I/4 of the SE 1/4 (subject to Avenue and pipe line easement) of
Section 12, Township 28, Range 22.
WHEREAS, Section 29-52(a)(9) of the Maplewood City code requires that
local residential streets shall be 32 feet in width, measured between faces
of curbs.
WHEREAS, the City Engineer is proposing 28-foot-wide streets with no
parking on one side.
WHEREAS, this requires a variation of four feet.
WHEREAS, the history of this variation is as follows:
The City Council held a public hearing on September 27, 1993. City staff
published a notice in the Maplewood Review and sent notices to the
surrounding property owners. The Council gave everyone at the hearing a
chance to speak and to present written statements. The Council also
considered reports and recommendations from the city staff and Planning
Commission.
NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council approve
the above-described variation subject to no parking on one side of the
streets and the developer paying the City for the cost of no-parking signs.
Seconded by Councilmember Carlson Ayes - all
25 9-27-93
4. Preliminary Plat Time Extension: Gervais Overlook
a. Manager McGuire. presented the staff report..
b. Councilmember Juker moved to end the Preliminarv Plat for Gervais
Overlook as recommended.
Seconded by Councilmember Carlson Ayes - all
5. Conditional Use Permit Review and Change: 2210 White Bear Avenue (GAC)
a. Manager McGuire presented the staff report.
b. Councilmember Zappa moved to grant the Conditional Use Permit.
eliminating Condition 13 of the original CUP and al~owing streamers.
The CUP is to be reviewed if there is a problem with the business.
Seconded by Councilmember Carlson Ayes - all
6. Construction Agreement: Kennard Street, North of Co. Rd. C (Lukin)
a. Manager McGuire presented the staff report.
b. Commissioner Kittridge presented the Planning Commission report.
c. Mayor Bastian asked if anyone wished to speak before the Council
regarding this matter. The following were heard:
Steve Lukin, 1487 E. Cope Avenue
Gordie Martin, 2691 Gem Street.
Marvin Sigmundik, 1697 E. County Road C
Bob Corbett, 1667 East County Road C
d. Mayor Bastian moved to table this item for two weeks and direct staff to
provide a report on .the legal nature of the abstract.
Seconded by Councilmember Zappa Ayes - Mayor Bastian, Councilmembers
Carlson, Zappa
Nays - Councilmembers Juker, Rossbach
7. ADA Compliance Survey
a. Councilmember Juker stated she feels staff .can handle the required
survey for ADA Compliance without hiring a consultant.
b. Councilmember Juker moved to deny the request for an ADA Compliance
- Survev.
Seconded by Councilmember Zappa Ayes - Councilmembers Juker, Rossbach,
Zappa
Nays - Mayor Bastian, Councilmember
Carlson
K. VISITOR PRESENTATIONS
- NONE
26 9-27-93
L. COUNCIL PRESENTATIONS
1. Kayser Property
a. Councilmember Rossbach stated he received a letter from Mr. Kayser
regarding development of his property.
2. Boom Boxes
a. Councilmember Rossbach commented on large boom boxes that are used in
vehicles that are extremely loud and asked whether they can be
prohibited.
b. Councilmember Zappa moved to direct staff to research options regardino
objectionable noise.
Seconded by Councilmember Rossbach Ayes - all
3. Mayor's Update
a. Mayor Bastian commented on The Partnership's Red Ribbon Week, October 24
- 30, 1993 and the parade which will occur on Saturday, October 30.
b. Mayor Bastian stated he will try to arrange having the parade in
Maplewood next year.
M. ADMINISTRATIVE PRESENTATIONS
NONE
N. ADJOURNMENT OF MEETING
2:05 A.M.
Lucille E. Aurelius
City Clerk
27 9-27-93