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HomeMy WebLinkAbout09.27.82 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, September 27, 1982 Council Chambers, Municipal Building Meeting No. 82-26 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 7:02 P:M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present - MaryLee Maida, Councilmember Present C. APPROVAL OF MINUTES None. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the agenda as amended: 1. Polling Places 2. Reconsideration - Health Resources, Inc. 3. Council and Staff 4. Special .Use Permit Amendment 5. Rescind Motion - Frost Avenue Zoning 6. Gambling Licenses Seconded by Councilmember Juker. Ayes - a11. E. CONSENT AGENDA Mayor Greavu moved, seconded by Councilmember Bastian, Ayes - a11, to approve the Consent Agenda Items 1 through 5 as recommended. 1. Accounts Payable Approved the accounts: (Part I Fees, Services, Expenses - Check No. 000896 through Check No. 000940 - $196,225.72; Check No. 014257 through Check No. 041378 - $216,189.25: Part II - Payroll Check No. 04926 through Check No. 05044 - $77,996.17) in the amount of $490,411.14. y 2. Audit Contract for 1982 Authorized staff to execute an agreement with DeLaHunt, Voto and Company for the 1982 audit. 3. Transfer - Debt Service Authorized the transfer of surpluses in the following construction accounts which - 1 - 9/27 were financed by the 1979 Temporary Improvement Bonds to-the debt service account for the 1979 Temporary Improvement Bonds: $ 18,000 Project 75-06 Howard Larpenteur Storm Sewer 110,000 Project 77-09 Gervias Avenue - Germain to White Sear Avenue 221,000 Project 79-01 Cope Avenue $349,000 4. Time Extension - Gonzalez Addition Approved a one yeartime extension for the Gonzalez Addition preliminary plat on the basis that progress is being made toward application for final plat. 5. Gambling license - Hill Murray Approved a temporary gambling license for Hill Murray High SchoolMothers and Fathers Club to have a raffleand paddle wheel on November 7, 1982. EA APPOINTMENTS AND MISCELLANEOUS ITEMS 1. Park and Recreation Commission a. Manager Evans stated that the Park and Recreation Commission recommends that effective September 27, 1982 Rita Janisch, 2673 Upper Afton Road be appointed to the Park and Recreation Commission for the term expiring December 31, 1983. b. Councilmember Bastian moved to appoint Rita Janisch, 2673 Upper Afton Road to the Park and RecreationCommission effective September 27, 1982 for the term expiring December 31, 1983. Seconded by Councilmember Anderson. Ayes - all. 2. Bob Menge - Ramsey Ramble a. Mr. Bob Menge, Ramsey County Fair Board, stated the Fair Board is adding a special race knownas the Ramsey Ramble to theRamsey County Fair Program. The race will start at Bald Eagle Avenue in White Bear Lake (which is the site of the originalRamsey County Fair) to the present Ramsey County Fair grounds. He isrequesting Council's permission and supportto hold such a race. - b. Councilmember Bastian moved that Council go on record as supporting the 1983 Ramsey Ramble and providewhatever staff assistance is necessary. Seconded by Councilmember Maida. Ayes - a11. F. PUBLIC HEARINGS 1. Special Use Permit:'Beaver Lake Mobile Home Park - 7:OOP.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request for a special use permit for the Beaver Lake Estates Mobile Home Park to increase the number of home sites from 250 to 254. The Clerk stated the hearing notice was in order and noted the date of publication. b. Manager Evans presented the staff report. c. Chairman Les Axdahl presented the following Planning Commission recommendation: - 2 - 9/27 "Commissioner Fischer moved the Planning Commission recommend to the City Council approval of the revised Beaver Lake Estates Special Use Permit to allow the number of home sites to increase from 250 to 254, subject to the following conditions: 1) Beaver Lake Estates Sepcial Use Permit shall be subject to City Council review in five years, 2) access to the home site in Proposed Addition 2, Map 3 shall be from Antelope Way, a private drive within the mobile home park, 3) the total population of the mobile home park shall .not exceed 541 persons unless additional shelter capacity is provided or there is a presentation of a justification for a waiver from this Limit, and 4) the 1300 square foot basement of the office building shall be used as a storm shelter and posted as such and shall not be .used for storagepurposes. Commissioner Kishel seconded. Ayes--Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Howard, Kishel, Prew, Sletten, Whitcomb." d. Mr. Stephen Taylor, contract purchaser, Beaver Lake Estates, spoke on behalf of the proposal. Mr. Gary Pearson, Resident Manager, answered questions from the Council. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. h, Councilmember Anderson moved to revise-the Beaver Lake_Estates Mobile Nome _ Park special use permit to allow the number of sites_to increase from_250 to 254 _ and introduced the following resolutionand moved its adoption:- 82 - 9 - 129A WHEREAS, Stephen Taylor has requested a revision to the special use permit for the Beaver Lake Estates mobile home park to increase the number of sites from 250 to 254; said property being described as follows: The SE 1/4 of the SW 1/4 of Section 24, Township 29, Range 22, subject to Maryland Avenue, except the following described property: Beginning at a point on the south line of saidSE 1/4 of the SW 1/4, - said point being 1076.48 feet westerly of the southeast corner thereof; thence deflecting 640 51' 00" to the right a distance of 260.55 feet to the west line of said SE 1/4 of the SW 1/4; thence southerly along said west line adistance of 507.47 feet to the south line of said SE 1/4 of the SW 1/4; thence easterly along said south line a distance of 246.04 feet to the point of beginning, subject to Maryland Avenue. 'a Such above propertybeing also known andnumbered as 2425 East Maryland Avenue, Paplewood, Ramsey County, Minnesota: WHEREAS, the procedural history of this variance request is as follows: 1. That a special use permit request has been initiated by Stephen Taylor, pursuant to the requirements of Section 911.010 of the Maplewood Zoning Code; 2. That said special use permit request was referred to and reviewed by the - 3 - 9/27 MaplewoodCity Planning Commission on the 20th day of September, 1982, at which time said Planning Commission recommended to the City Council - that said special use permit be approved; 3. That the Maplewood City Council held a public hearing to consider the special use request, notice thereof having been published and mailed pursuant to law; and 4. That all persons present at saidhearingwere given an opportunity to be heard and/or presentwritten statements, and theCouncil considered reports and recommendations of the City Staff and .Planning Commission. NOW, THEREFORE, BE ZTRESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA that the above described special use permit be granted subject to the following conditions: 1. The Beaver Lake Estates special use permit shall besubjectto City Council review in five years. 2. Access to the home site in proposed Addition II shall be from Antelope Way, a private drive within the mobile home park. 3. The total population of the mobile home park shall not exceed 541 persons,- unlessadditional shelter capacity is provided. 4. The 1300 square foot basement of the office building shall be used as a storm shelter and posted as such. 5. Flush hydrants one/year if complaints occur. 6. Maintain park according to State law, city ordinance .and park rules. Seconded by Councilmember Juker. Ayes - a11. 2. Rezoning: Carlton Street (West Side) 7:15 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding a proposed - change in zoning district from M-1, Light Manufacturing, to R-3, Multiple Residence, properties located west of Carlton Street, and approximately650 feet south of Minnehaha Avenue. The Clerk stated the hearing notice was in order and noted the dates of publication. - 3a - 9/27 b. Manager Evans presented the staff report. c. Chairman LesAxdahl presented the following Planning Commission recommendation: "Commissioner Kishel moved the Planning Commission recommend to the City-Council approvalof the resolution rezoning the site from M-1, LightManufacturing, to R-3, Residence District (Multiple). Commissioner Whitcomb seconded. Ayes--Commissioners Barrett,Fischer, Hejny, Howard, Kishel, Prew, Sletten, Whitcomb." d. Mayor Greavu called for proponents and opponents. The followingexpressed their views: Ms. Phyllis Schwartz, 649 Ferndale, voiced her concerns as to what could be constructed. e. Mayor Greavu closed the public hearing. f. Councilmember Bastian introduced the following resolution and moved its adoption_ 82-9-130 WHEREAS,a rezoning procedure has been initiated by the City of. Maplewood for zone change from M-1 to R-3 for the followingdescribed property: The west 830 feet of the south half of the northwest quarter of the northeast quarter of Section 36, Township 29, Range 22, lying west of the centerline of Carlton Street. WHEREAS, the procedural history of this rezoning procedure is as follows: 1. That a rezoning procedure has been initiated by the City of Maplewood pursuant to Chapter 915 of the Maplewood Code; 2. That said rezoningprocedure was referred to and reviewed by the Maplewood City Planning Commission on the 16th day of August, 1982, at which time said Planning Commission recommended to the City Council that said rezone procedure be approved; 3. That the Maplewood City Council held a public hearing to consider the rezoning procedure, notice thereof having been published and mailed pursuant to law; and 4. That all persons present at said hearing were given an opportunity to be heard and/or present written statements, and the Council considered reports and recommendations of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAP LE WOOD, RAMSEY ~a COUNTY, MINNESOTA that the above-described rezoning be granted on the basis of the following finding of fact: The rezoning would be consistent with the City Comprehensive Plan. _ -Seconded by Councilmember Anderson. Ayes - a11. 3. Rezoning: Carlton Street (Wast Side) 7:15 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding a proposed change in zoning district from M-1, Light Manufacturing to BC(M) Business Commercial - 4 - 9/27 (Modified) property at 500-600 Carlton Street. The Clerk stated the hearing notice was in order andnotedthe dates of publication.. b. Manager Evans presented the staff report. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Sletten moved the Planning Commission recommendto the City Council approval of the resolution rezoning the site to BC (M), Business Commercial (Modified). Commissioner Barrett seconded Ayes - Commissioners Barrett, Fischer, Hejny, Howard, Kishel, Prew, Sletten, Whitcomb." d. Mayor Greavu called for proponents and opponents. The following voiced their opinions: Ms. Phyllis Schwartz, 649 Ferndale. e. Mayor Greavu closed the public hearing. f. Councilmember Maida introduced-the following resolution and moved its adoption: 82 - 9 - 131 WHEREAS,.a rezoning procedure has been initiatedby the City Council of Maplewood for a zone change from M-1 and B C to BC (M)-for the following-described property: That part-of the west half of the northeast quarter of Section 36, Township 29, Range 22 that is east of the centerline of Carlton Street and west of the west line of blocks one and two, Minty Acres. Such above property being also known and numbered as Numbers 500, 586 and 600 Carlton Street, Maplewood, Ramsey County, Minnesota; WHEREAS,the procedural history of this rezoning procedure is. as follows: 1. That a rezoning procedure has been initiated by the City Council pursuant to Chapter 915 of the Maplewood Code; 2. That said rezoning procedure was referred to and reviewedby the Maplewood City Planning Commission on the 16th day of August, 1982, at which time said Planning Commission recommended to the City Council that said rezone procedure be approved; 3. That the Maplewood City Council held a public hearing to consider the rezoning procedure, notice thereof having been published and mailed pursuant to law; and y 4. That all persons present at said hearing were given an opportunity to be heardand/or present written statements, and the Council considered reports and recommendations of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE .COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA that the above-described rezoning be granted on the basis of 'the following findings of fact: 1. The proposed rezoning would beconsistent with the Comprehensive Plan. 2. The present zone is not consistent with the Comprehensive Plan. - 5 - 9/27 Seconded by Councilmember Anderson. Ayes - all. 4. Street Vacation`. Edgehill Road - Rawlings 7:30 P.M. a. Mayor-Greavu convened the meeting for a public hearingregarding a proposal - to vacate Edgehill Street from White Bear Avenue westerly approximately 165 feet. The Clerk stated thehearing notice wasin order and notedthe date of publication. b. Manager Evanspresented the staff report. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Kishel moved the Planning Commissionrecommend to the City Council approval ofthe resolution vacating Edgehill Road, lying west of White Bear Avenue, subject to retention of the east 27 feet forEhe futureexpansionof White Bear Avenue, on the basis that improvement of the right-of-way would serve no public purpose. Commissioner Fischer seconded. Ayes - Commissioners Axdahl, Barrett, E1lefson, Fischer, Hejny, Howard, Kishel, Prew, Sletten, Whitcomb." d. Dr. Charles Rawlings, the applicant, spoke on behalf of the proposal. e. Mayor Greavu called for proponents. None were heard. f. MayorGreavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Councilmember Bastian introduced the following resolution and moved its adoption: 82-9-132 WHEREAS, Dr. Charles Rawlings has initiated these proceedings. to vacate the public interest in the following described real property: Except the east 27 feet, that part of Edgehill Road, lying westerly of White Bear Avenue in the NE 1/4 of the NW 1/4 0£ Section 11, Township 29, Range 22 WHEREAS, the procedural history of the vacation application is as follows: 1. That an application for vacation was initiated by Dr. Charles Rawlings on 20th day of July, 1982; 2. That a majority of the owners of property abutting said street have signed a petition for the above described vacation; 3. That said vacation has been referred to and reviewed by theMaplewood Planning Commissionon the 20th day of September, 1982 and referred back to the Maplewood City Council with the recommendation of approval; 4. That pursuant to the provisions of Minnesota Statutes, Section 412.851 a public hearing was held on t$e 27th day of September, 1982 preceded by two weeks published and posted notice at which meeting the City Council heard all who expressed a desire to be heard on-the matter, considered the Planning Commission recommendation and staff reports. - 6 - 9/27 WHEREAS, upon vacation of the above described street public interest in the - property will accrue to the following described abutting properties: - Lots 13-16, Block 6, Maplewood Addition NOW, THEREFORE, BE IT RESOLVI'.D, that the Maplewood City Council finds that it is in the public interest to grant the above described vacation because improvement of the right of way would serve no public purpose. BE IT FURTHER RESOLVED, that the Cit} Clerk be and hereby is directed to prepare a notice of completion of the proceedings pursuant to the provisions of Minnesota Statutes, Section 412.851 and shall cause .the same to be presented to the County Auditor for entry in his transfer records and that the same shall be thereafter filed with the Ranaey County Recorder, subject tothe retention of: The east 27 feet of right of way for the future expansion of White Bear Avenue. Seconded by Councilmember Juker. Ayes - all. 5. Variance and Special Exception: Bennington Woods - 7:45 P.M. - a.- Mayor Greavu convened the meeting for a public hearing regarding the request of Wood Mark,Inc. for a variance to allow nine b}' 20 foot parking stalls and a special exception to construct 56 condominium units. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. - c. Chairman Les Axdahl presented the. following Planning Commission recommendation: "Commissioner Prew moved the Planning Commission recommend to the City Counci3 approval of the special exception for the Bennington Woods Condominiums on the basis that the proposal is consistent with the Comprehensive Land Use Plan. The propo;;ed buildings do fit the property and are compatible to adjacent development. Commissioner Fischer seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson, Fischer,Hejny, Howard, Kishel, Prew, Sletten, Whitcomb." d. Mr. David Brigg;:, Vice President of Wood Mark, Inc., spoke or: behalf of the proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. 2 Councilmember Bastian introduced the following resolution and moved-its adoption: 82 - 8 - 132A - WHEREAS, a special exception permit request has been initiated by Woodmark, Inc. to ""nstruct condominiums on the following described property: - 7 - 9/27 That part of Lot 2, Moore's Garden Lots according to the plat thereof on file and of record in the office of the Register of Deeds in and for Ramsey County, Minnesota described as beginning at the southwest corner thereof, thence on an assumed bearing 0o east along the south line on said Lot 2 a distance of 417.61 feet; thence north 0 00' a distance of 224.55 feet; thence north 61 18' east 210.22 feet; thence north 17° 45' S0" west 197.52 feet; thence north 84° 39' west 541.37 feet more or less to a point on the west line of said Lot 2 distance 564.09 feet north from the southwest corner of said Lot 2; thence southerly along said west line to the .point of beginning. Together with an easement for ingress and egress over and across that part of said Lot 2 described as commencing at the southwest corner thereof; thence on an assumed bearing of east along the south line of said Lot 2 a distance of 417.61 feet; thence north 0° 00' a distance of 224.55 feet; thence north 61° 18' east 210.22 feet to the point of beginning of the easement to be described; thence north 17° 45' S0" west 38.18 feet; thence wouth 74° 42' east to the southeasterly line to its intersection with a line that bears south 74° 42' east from the point of beginning; thence north 74° 42' west to the point of beginning. Such above property being also known as the Maple Hills Golf Course Driving Range on Larpen- teur Avenue, Maplewood, Ramse~'County, Minnesota: WHEREAS, the procedural history of this special exception request is as follows: 1. That a special exception permit request has been initiated by Woodmark, Inc., pursuant to the requirements of Section 907.010 (2.a.) of the Maplewood Zoning Code; 2. That said special exception permit request was referred to and reviewed by the Maplewood City Planning Commission on the 20th day of September, 1982, at which time said Planning Commission recommended to the City Council that said special exception permit be approved; 3. That the Maplewood City Council held a public meeting to consider the special exception request; and 4. That all persons present at said meeting were given an opportunity to be heard and/or present written statements, and the Council considered reports and recom- mendations of the City Staff .and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA that the above described special exception be granted on the basis that the pro- posal is consistent with the Comprehensive Land Use Plan. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson, 'a Bastian and Maida. Nays - Councilmember Juker. - 7a - 9/27 Councilmember Bastian introduced the following resolution and moved its adoption: 82 - 9 - 132B WHEREAS, a variance request has been initiated by Woodmark, Inc. for a parking variance to provide 9 by 18 foot parking stalls for the following described property: That part of Lot 2, Moore's Garden Lots according to the plat thereof on file and of record in the office of the Register of Deeds in and for Ramsey County, Minnesota described as beginning at the southwest corner thereof; thence on an assumed bearing 0o east along the south line of said Lot 2 a distance of 417.61 feet; thence north 0 a00' a distance of 224.55 feet; thence norto 61 18' east 210.22 feet; thence north 17 45' S0" west 197.52 feet; thence north 84 39'-west 541.37 feet more or less to a point on the west line of said Lot 2 distance 564.09 feet north from the southwest corner of said Lot 2; thence southerly along said west line to the point of beginning. Together with an easement for ingress and egress over and across that part of said Lot 2 described as commencing at the southwest corner thereof; thence on an assumed bearing of east along the south line of said Lot 2 a distance of 417.61 feet; thence north 0° 00' a distance of 224.55 feet; thence north 61° 18' east 210.22 feet to the point of beginning of the easement to be described; thence north 17° 45' S0" west 38.18 feet; thence westerl~ along said southeasterly line to its intersection with a line that bears south 74 42' east from the point of beginning; thence north 74° 42' west to the point of beginning. Such above property being also known as the Maple Hills Golf Course Driving Range on Larpen- teur Avenue, Maplewood, Ramsey County, Minnesota: WHEREAS, the procedural history of this variance request is as follows: i. That a variance request has been initiated by Woodmark, Inc., pursuant to Chapters 912 and 1000 of the Maplewood Code and Section 462.357(g) of State Statute; 2. That said variance request was referred to and reviewed by the Maplewood Community Design Review Board on the 7th day of September, 1982, at which time said Board recommended to the. City Council that said variance be approved; 3. That the Maplewood City Council held a public hearing to consider the variance request, notice thereof having been published and mailed pursuant to law; and 4. That all persons present at said hearing were given an opportunity to be heard and/or present written statements, and the Council conisdered reports and recom- mendations of the City Staff and Board. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CZTY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA that the above described variance be granted. la Seconded by Mayor Greavu. - Ayes - Mayor Creavu, Councilmembers Anderson, Bastian and Maida. Nays - Councilmember Juker. AWARD OF BIDS None. - 7b - 9/27 H. UNFINISHED BUSINESS 1. Permit Fees ~ a. Manager Evans presented thestaff report. b. Councilmember Bastian moved first Yeading of an ordinance to increase the follow- in fees: Zone Change $ 125.00 SUP and PUD 125.00 Special Exception 50.00 Comprehensive Plan Amendment 125.00 Variances R-1 35.00 All other zoning districts 75.00 Vacations 40.00 Lot Divisions 25.00 each lot created Preliminary Plat 5.00 for each lot with a minimum of 50.00 and a maximum of 175.00 Home Occupation Permit 35.00 for the initial permit and 10.00 for annual renewal Seconded by Councilmember Maida. Ayes - a11. c. Councilmember Bastian introduced the following resolution and moved its adoption: 82 - 9 - 133 RESOLVED that the City Council of Maplewood, Minnesota, approve the following yearly permit and license fees effective immediately: Commercial Revenue Note Application $ 750.00 On Sale Liquor License $ 3,850.00 - Tavern or Display License $ 200.00 Home Occupation Permit $ 35.00 for initial fee and $ 10.00 renewal Seconded by Councilmember Maida. Ayes - Mayor Greavu; Councilmembers Anderson, Bastian and Maida. Nays - Councilmember Suker. d. Councilmember Bastian introduced the following resolution and moved its adoption: 82-9-134 RESOLVED that the City Council of Maplewood, Minnesota approve the following yearly permit and license fees effective immediately: a Cigarette and tobacco $ 25.00 Bingo (one night/week) 100.00 Lodging Establishmen 1 - 15 40.00 16- 35 60.00 36- 100 100.00 101 125.00 Food Establishments 110.00 Special Food Handling 35.00 - 8 - 9/27 Secondedby Councilmember Juker. Ayes - a11. e. Councilmember Andersonmoved first reading of anordinance repzarding:si~pn fees: Signs - 1 - 10 square feet $ 5.00 11 - 25 square feet 10.00 25 - 50 square feet 20.00 51 - 100 square feet 50.00 100 square feet and over 100.00 Seconded by Councilmember Maida. Ayes - all. F - 8a - 9/27 f. Councilmember Anderson introduced the following resolution and moved its adoption: 82-9-135 RESOLVED that the City Council of Maplewood, Minnesota approve the following yearly permit and license feeseffective immediately: Billboards $ 185.00 per advertisement. Seconded by Councilmember Suker. Ayes - a11. g. Coin Operated Amusement Devices 1. Mr. Scott Nelson, Hanson Distributing stated he felt the proposed fee discriminates against the businesses who have only one or two machines. 2. Several proposals were made by Council. 3. Councilmember Bastian moved to table this item. Seconded by Councilmember Maida. Ayes -all. I. NEW BUSINESS 1. Special Exception: Maplewood Mall - Sharro's a. Manager Evans presented the staff report with the following recommendation: Approval of a special exception for a game room in the proposed Sharro Restaurant since the use does not appear that it would be objectionable to adjacent businesses. Approval is subject to: 1. The applicant shall provide written approval from Homart Development. 2. A11 required licenses for operation shall be obtained from the City. 3. This permit may. be renewed after one year of operation provided there have been no problems caused by the facility. b. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Kishel moved the Planning Commission recommend to the City Council approval of a special exception for a game room in the proposed Sharro Restaurant since the use does not appear that it would be objectionable to adjacent business. Approval is subject to: 1. The applicant shall provide written approval from Homart Development. y 2. All required licenses for operation shall be obtained from the City. 3. Thispermit may be renewed after one year of operation provided there have been no problems caused by the facility. Commissioner 5letten seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Howard, Kishel, Prew, Sletten, Whitcomb." c. Mr. Brian McPherson, Maplewood Mall, explained where the proposed Sharro's would be located. -9- 9J27 d. Councilmember Bastian moved approval of aspecial exception for a game room in Sharro's Restaurant, Maplewood Mall,. and introduced thefollowinp resolution and moved its adoption: ~ T 82 - 9 - 135a Whereas, a special exception permit requesthas been initiated by Franchise Contracting and Equipment Company to operate a game room in a BC, Business Com- mercial district for the following described property: Lot 5, Block 1, Maplewood Ma11 Additipn, ground floor, Section 2, Township 29, Range 22 Such above property being also known and numbered as Number 3001 White Bear Avenue, Maplewood, Ramsey County, Minnesota: WHEREAS, the procedural history of this special exception request is as follows: 1. That a special exception permit request has been initiated by Franchise Contracting and Equipment Company, pursuant to the requirements of Section 907.010 (2.c.) of the Maplewood Zoning Code; 2. That said special exception permit request was referred to and reviewed by the Maplewood City Planning Commission on the 20th day of September, 1982, at which time said Planning Commission recommended to the City Council that said special exception permit be approved; - 3. That the MaplewoodCity Councilheld a public meeting to consider the special exception request; and 4. That all persons present at said meeting were given an opportunity to be heard and/or present written statements, and the Council considered reports and recommendations fo the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA that the above describedspecialexception be grantedon the basis that the use does not appear that it would be objectionable to adjacentbus- inesses. Approvalis subject to: 1. The applicant shall provide written approval from Homart Development. 2. All required licenses for operation shall be obtained from the City. 3. This permit may be renewed after one year of operation provided there have p been no problems caused by the facility. Seconded by Councilmember Maida. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Maida. Nays - Councilmember Juker. - 10 - 9/27 2. Community Design Review Board Evaluation a. Chairman Tony Phillippi presented the Community Design Review Board's self evaluation report. b. Councilmember Bastian moved to accept the report. Seconded by Councilperson Juker'. Ayes - all. 3. Billboard Ordinance a. Manager Evans presented the staff report. . b. Mr. Jack Lawrence, Signcrafters, spoke against the proposed ordinance. c. Ms. Julianne Bye, Naegele Advertising, spoke against the proposed ordinance. d. Mr. Harald Haugan, 1763 Onacrest Curve, and Mr. Dick Myers, 1820 No. McKnight Road, both stated billboards should not be allowed in Maplewood. e. Councilmember Juker moved first reading of an ordinance regulating billboard signs as presented in Alternate II as amended. Seconded by Councilmember Anderson. Ayes - all. 4. Sewer Rates - Jon Belisle a. Mr. Jon Belisle, 2594 Brookview Drive, expressed his displeasure as to the sewer rental charges. b. No action taken. 5. Uniform Fire Code a. Manager Evans presented the staff report. b. Councilmember Juker introduced the following ordinance and moved its adoption: Ordinance No. 523 An Ordinance Amending Chapter 1703 Of The Maplewoo Code Relating to Fire Prevention Code i+ - 10a- 9/27 THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 1703.010 is hereby amended in its entirety to read as follows: "1703.010. ADOPTION OF UNIFORM FIRE CODE. There is hereby adopted by the City of Maplewood for the purpose of prescribing regulations governing conditions hazar- dous to life and property from fire or explosion,that certain code known as the Uniform Fire Code, 1982 Edition and the whole thereof, published by International Conference of Building Officers, of which not less than three (3) copies have been received and now are filed in the office of the Fire Marshal of the Gity and the same are hereby adopted and .incorporated as if fully set out at length herein, and from the date on which this ordinance takes effect, the provision thereof shall be controlling within the limits of the-City of Maplewood." Section 2. This ordinance shall take effect and be in force from and after passage and publication. Seconded by Councilmember Bastian. Ayes - all. 6. Refuse Haulers Ordinance a. Manager Evans presented the staff report. b. Councilmember Anderson moved_to table this item until such time as all the rubbish haulers serving Maplewood could_attend a meeting-with-the-Council and that staff-should investigate alternativeof providing rubbish hauling within the City. ~ Seconded by Councilmember Bastian. Ayes - a11. J. VISITOR PRESENTATION 1. Mrs. Janice Feist a. Mrs. Janice Feist, 2725 E. Conway Avenue, stated she feels the Park and Recreation Commission passed over 2 members of the M.A.A. who were candidates for the Commission. She does not feel the selection wasfair. b. No action taken. K. COUNCIL PRESENTATIONS L Polling Places a. Councilmember Maida stated she had received a complaint due to the fact there are steps that may prohibit the handicap to vote at Precinct 3, City Ha11. b. Counci-lmember Maida moved to direct staff to-pursue obtaining Gladstone-Baptist Church as a-pollingplace for Precinct 3.~ Seconded by Councilmember Bastian. Ayes - a11. 3. Reconsideration: Health Resources, Inc. a. Councilmember Anderson move d. to. reconsider council actionregarding the denial of a zone change for-HealthTiesources;Tnc.--IEiail'T-be 3i~d-H~Ca$~Y-9; X9$2-- - 11 - 9/27 Seconded by Councilmember Bastian. Ayes -all. 3. Council and Staff a. Councilmember Anderson requested a meeting be set with Council and staff for the purpose of discussing several matters. 4. Special Use Pernut Amendment a. Councilmember Bastian stated the City ordinances regarding conditions for special use permits are vague. He stated he had read the ordinance from White Bear Lake which has specific conditions. b. Councilmember Bastian moved that this matter be placed on the agenda at a later Council meeting and he will prepare a draft re¢arding_specific conditions for special use permits. Seconded by Councilmember Juker. Ayes -all. 5. Rescind Motion: Frost Avenue Rezoning a. Mayor Greavu moved to rescind the motion of the Council on August 23, 1982 regarding the denial of the rezoning on Frost Avenue (Mularoni~ Seconded by Councilmember Bastian. Ayes -Mayor Greavu, Councilmembers Bastian & Maida. Nays - Councilmembers Anderson and Juker. 6. Gambling Licenses a. Mayor Greavu moved that the applications for temporary gambling permits be handled administratively. Seconded by Councilmember Anderson. Ayes -all. L. COUNCIL PRESENTATIONS None. M. ADJOURNMENT 11:17 P.M. a City Clerk - 12 - 9/27