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HomeMy WebLinkAbout08.13.84MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, August 13, 1984 Council Chambers, Municipal Building Meeting No. 84 -18 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building and was called to order at 7:00 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present MaryLee Maida, Councilmember Present Michael T. Wasiluk, Councilmember Present C. APPROVAL OF MINUTES 1. Meeting No. 84 -15 (July 9, 1984) Councilmember Anderson moved to approve the Minutes of Meeting No. 84 -15 (July 9, 1984) as submitted. Seconded by Councilmember Maida. Ayes - all. 2. Meeting No. 84 -17 (July 30, 1984) Mayor Greavu moved to approve the Minutes of Meeting No. 84 -17 (July 30, 1984) as suhmittarl_ Seconded by Councilmember Bastian D. APPROVAL OF AGENDA Ayes - Mayor Greavu; Councilmembers Anderson, Bastian and Wasiluk. Councilmember Maida abstained. Mayor Greavu moved to approve the Agenda as amended: 1. Todd - White Bear Avenue 2. Driveways 3. Policies 4. Frost Avenue 5. Senior Roommate Program 6. .Special Use Permits 7. Building Code 8. Joint Power Agreement - Access to 61 Seconded by Councilmember Bastian. Ayes - all. CONSENT AGENDA Mayor Greavu moved, seconded by Councilmember Maida, Ayes - all, to approve the Consent Agenda, Items :I through 9, as recommended. 8/13 1. Accounts Payable Approved the accounts (Part I, Fees, Services, Expenses - Check Register dated July 17, 1984 through August 3, 1984 - $326,588.35: Part II, Payroll Check dated July 27, 1984 - $70,071.67) in the amount of $396,660.02. 2. Court Lease Authorized execution of a base agreement with Ramsey County for court space which will cover 1984 -1986. 3. Capital Improvement Projects to be Cancelled Approve the following projects be cancelled and the funds returned to their approp- riate P.A.C. accounts: Gladstone - Project #11 - 4720 - 337 -94 Grading $6,000 To Commercial Account Gloster - Project #11 - 4720 - 313 -94 Play Equipment $7,620 To Commercial Account Goodrich - Project #11 - 4720 - 316 -94 Fountain $1,000 To Commercial Account 4. Delinquent Developers Account Receivable Dismissed a claim of $834.50 against Charter Development, Inc. for the Maple Green Third Addition as recommended by the City Attorney and authorize a transfer from the General Fund to the Special Assessment Fund to eliminate the deficit for this project. 5. Stipulation - Macalus Appeal Recolution No. 84 -8 -116 WHEREAS, that Parcel No. is owned by Appelants above named and is described as follows: The South 253.0 feet of the East 608.4 feet of the NE 1/4, Section 4, Town- ship 29 North, Range 22 West, lying West of State Trunk Highway 61, according to the United States Government Survey thereof; WHEREAS, that Owners pursuant to the provisions of Minnesota Statutes, Sections 429.061 and 429.081 have taken timely appeals from that special assessment for local public improvement project No. 78 -24 for a sanitary sewer main; WHEREAS, Respondent adopted a special assessment for local public improvement project No. 78 -24 so fas as the same pertains to said Parcels No. 2 in the amount of $31,229.45 on July 29, 1982; WHEREAS, the parties hereto through the undersigned, their respective attorneys of record, desire to compromise and settle these pending proceedings. - 2 - 8/13 NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. That as to Parcel No. 2, the assessment levied by the City Council, on July 29, 1982 for 540 linear feet of sanitary sewer main at $56.95 was $30,753.00 and one service connection of $476.45 for a total assessment of $31,229.45, be, and hereby is, reduced to $15,100.00. 2. That the effective date of the reduction shall be July 29, 1982 and that the payment of the first installment of the reduced assessment, including principal and interest running from said July 29, 1982 shall not be payable until calendar year 1984 and thereafter, until the entire principal balance due thereunder, together with interest as originally determined, shall be paid over the number of years as originally set forth by said City, July 29, 1982. 3. That the Owners, through the undersigned, their attorney, hereby waive any and all right of further notice and appeal as provided for in Minnesota Statutes, Chapter 429 as amended. 4. That the above proposed reduced assessment is accepted by the City, through the undersigned, its attorney, and shall constitute the special assessment for local public improvements against said Parcel No. 2 and that said Parcel No. 2 is hereby found to benefit by said local public improvements in the amount of the reduced assess- ment levied therefor. 5. That the terms and provisions of Maplewood City Council Resolutions adopting the original assessment role insofar as they are not otherwise inconsistent herewith, are incorporated herein by reference. 6. That the Maplewood City Clerk shall, upon appropriate City Council action, forthwith transmit a certified duplicate of the reduced assessment as determined hereunder to the Ramsey County Auditor to be extended on the property tax list of said County and said assessments shall be collected and paid over in the same manner as other municipal taxes save and except that the Owner shall not be liable for pen- alties and interest on penalties through and including the date hereof. 7. The above - entitled action having been hereby fully compromised and settled, is stipulated and agreed that the same may be, and hereby is, dismissed on its mertis with prejudice and the Clerk of said above named District Court, upon filing of this Stipulation, is hereby authorized and directed to dismiss said action of record. IN WITNESS WHEREOF, the parties hereto have set their hands and seals all as of the day and year first above written. 6. Final Payment Project 83 -12 Signal Installation Resolution No. 84 -8 -117 WHEREAS, the contractor- has completed all work according to the plans and speci- fication for Project 83 -12, Traffic Signal at T.H. 49 and County Road B; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that final payment in the amount of $20,291.18 be made to Peoples Electric Company. 7. Budget Transfer - Beebe Station Resolution No. 84 -8 -118 - 3 - 8/13 RESOLVED that a transfer from the Hydrant Contingency Fund to the Water System Operation Fund be made in the amount of $2,300.00. 8. Final Plat: Tousley Commercial Park Approved the Tousley Commercial Park Final Plat as submitted. 9. Final Plat: Cave's 4th Addition Approved the Cave's Century 4th Addition Final Plat as submitted. F. PUBLIC HEARINGS 7:00 P.M. - Plat /Variances - Tilsen's Maplewood Heights No. 13 a. Mayor Greavu convened the meeting for a public hearing regarding approval of a preliminary plat and lot area and width variances to create six single dwelling lots. b. Director of Community Development Geoff Olson presented the staff report. c. Commissioner David Whitcomb presented the following Planning Commission report: "Commissioner Fischer moved the Planning Commission recommend the City Council adopt the following resolution: WHEREAS, Tilsen Homes, Inc. applied for a variance for the following described property: East 150 feet of the West 262.60 feet of the South 297.45 feet of the North 330.45 feet of the Northwest 1/4 of the Northwest 1/4 of Section 1, Township 29, Range 22, subject to an easement for highway purposes over the southerly 3.5 feet thereof. Together with, The West 112.60 feet of the South 297.45 feet of the North 330.45 feet of the Northwest 112 of the Northwest 1/4 of Section 1, Township 29, Range 22, West, subject to McKnight Road and Gall Avenue rights -of -way. This property is also known as 2266 and 2280 E. County Road D, Maplewood; WHEREAS, Sections 26 -69 and 30 -8 (f) (1) of the Maplewood Code of Ordinances requires single dwelling lots to have at least 10,000 square feet of area; WHEREAS, the,applicant „is proposing lot four with 9,520 square feet, lot five with 9,085 square feet and lot six with 8,960 square feet of Robert Tilsen's Maplewood Heights #13, requiring variances of 480,915 and 1,040 square feet, respectively; WHEREAS, sections 36 -69 and 30 -8 (f) (1) of the Maplewood Code of Ordinances requires interior single dwelling lots to have at least 75 feet of width; WHEREAS, the applicant is proposing lots five and six of Robert Tilsen's Maplewood Heights #13 with 70 feet of width, each requiring a variance of five feet; - 4 - 8/13 WHEREAS, Section 30 -8 (f) (2) of City Code requires single dwelling corner lots to be at least 100 feet wide; WHEREAS, the applicant is proposing lot four of Robert Tilsen's Maplewood Heights #13 to be 79.6 feet wide, requiring a variance of 21.4 feet; WHEREAS, the procedural history of this variance is as follows: 1. This variance was applied for on June 13, 1984. 2. This variance was reviewed by the Maplewood Planning Commission on August 6, 1984. The Planning Commission recommended to the City Council that siad var- iance be denied. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD PLANNING COMMISSION that the above described variance be denied on the basis of the following findings of fact: 1. Strict enforcement of the code would not cause an undue hardship because of circumstances unique to this property. 2. The property can be developed with five lots meeting code. 3. An undesirable precedent would be set. 4. The variances do not meet the spirit and intent of the code. 5. Lots four through six would be out of character with the lots to the south. 6. The density would exceed the maximum density allowed by the Land Use Plan. The Planning Commission also recommends to the City Council approval of a Pre- liminary Plat for five lots as shown on page 10 of the staff memorandum subject to the following conditions: 1. Submission of asigned developer's agreement and required surety for the extension of water along County Road D to the east line of the plat, from McKnight Road (required by code). 2. The right of way for Gall AVenue shall be 60 feet wide, as measured from the South line of Gall Avenue right of way established by Robert Tilsen's Maplewood Heights No. 10. It is proposed as 59.4 feet as measured from the Tilsen's 10th Addition. 3. Dedication of an agditional ten feet along the west boundary of the site for McKnight Road right of way. Commissioner Pellish seconded. Ayes - Commissioners Axdahl, Barrett, Fischer, Larson, Pellish, Robens. Abstained - Commissioner Whitcomb." d. Mayor Greavu called for proponents and opponents. The following voiced their opinions: Mr. Kurt Kramer, 2266 E. County Road D; Mr. James Tilsen, the applicant; Mr. Charles Mechlenberg, 3095 McKnight; - 5 - 8/13 Mr. Jerry Mogren, 2869 Frederick; Mr. Dean DeMars, 2280 Gall; Mr. Joe Bakeman, 2272 Gall. A petition signed by the area residents was presented approving the preliminary plat and variances. e. Mayor Greavu closed the public hearing. f. Councilmember Bastian moved to a and variances and direct sTaTT_fo pr )rove the concept of the preliminary plat )are t e necessary resolution. Seconded by Councilmember Maida. Ayes - all. 2. 7:10 P.M. Rezoning - Farrell Street Niezgocki (4 votes) a. Mayor Greavu convened the meeting for a public hearing regarding the proposed rezoning of Lot 9, Block 3, Farrell's Addition from R -1 to R -2. b. Director of Community Development Geoff Olson presented the staff report. c. Commissioner David Whitcomb presented the following Planning Commission report: "Commissioner Fischer moved the Planning Commission recommend that the City Council adopt the following resolution: WHEREAS, Russell Niezgocki initiated a rezoning from R -1, single dwelling to R -2, double dwelling for the following described property: Lot 9, Block 3, Farrell's Addition WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by Russell Niezgocki, pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commission on August 6, 1984. The Planning Commission recommended to the City Council that said re- zoning be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD PLANNING COMMISSION that the above described rezoning be approved on the basis of the following findings of fact: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient and economical extension of public services and facilities, such as - 6 - 8/13 public water, sewers, police and fire protection and schools. Commissioner Robens seconded. Ayes - Commissioners Barrett, Fischer, Larson, Pellish, Robens, Whitcomb. Nays - Commissioner Axdahl." d. Mr. Russell Niezgocki, the applicant, spoke on behalf of the request. He stated he would be living in one half of the double dwelling. e. Mayor Greavu called for proponents and opponents. The following voiced their opinions: Mr. Dick Radman, 2674 Margaret. f. Mayor Greavu closed the public hearing. g. Councilmember Maida introduced the following resolution and moved its adoption: 84 - 8 - 118 WHEREAS, Russell Niezgocki initiated a rezoning from R1, single dwelling to R2, double dwelling for the following described property: Lot 9, Block 3, Farrell's Addition WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by Russell Niezgocki, pursuant to chapter 36, article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commission on August 6, 1984. The Planning Commission recommended to the City Council that said rezon- ing be approved. 3. The Maplewood City Council held a public hearing on August 13, 1984. to consider this rezoning. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above described rezoning be approved on the basis of the following findings of fact: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. - 7 - 8/13 Seconded by Councilmember Wasiluk. Ayes - all. 3. 7:20 P.M. - Variances —1890 Furness Street - Johnson a. Mayor Greavu convened the meeting for a public hearing regarding the request of Mr. Daniel Johnson, 1890 Furness Street for approval of a lot width variance to subdivide a 140 foot wide lot into two 70 foot wide single dwelling lots. b. Director of Community Development Geoff Olson presented the staff report. c. Commissioner David Whitcomb presented the following Planning Commission re- commendation: "Commissioner Pellish moved the Planning Commission recommend that the City Council adopt the following resolution: :WHEREASg Danielr Johnson:app.lied: for a� variance for the;,folilowing+ described i property: Lot 15, Block 4, Hillcrest Gardens, Section 14, Township 29, Range 22. This property is also known as 1890 Furness Street, Maplewood; WHEREAS, sections 30 -81 (f) (1) and 36 -69 of the Maplewood Code of Ordinances requires interior single dwelling lots to be at least 75 feet wide; WHEREAS, the applicant is proposing two lots with seventy feet of width, each requiring a variance of five feet; WHEREAS, the procedural history of this variance is as follows: 1. This variance was applied for on July 5, 1984. 2. This variance was reviewed by the Maplewood Planning Commission on August 6, 1984. The Planning Commission recommended to the City Council that siad var- iance be denied. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD PLANNING COMMISSION that the above described variance be denied on the basis that the variance: 1. Would not cause undue hardship because of circumstances unique to the individual property under consideration. 2. Would not be in keeping with the spirit and intent of the ordinance. Commissioner Whitcomb seconded. Ayes - Commissioners Axdahl, Barrett, Fischer, Larson, Pellish, Robens, Whitcomb." d. Mr. Daniel Johnson, 1890 Furness Street, the applicant, spoke on behalf of the proposal. e. Mayor Greavu called for proponents or opponents. The following voiced their opinions: Mr. Robert Lundquist, 1895 Howard Street. f. Mayor Greavu closed the public hearing. - 8 - 8/13 g. Councilmember Anderson introduced the following resolution and moved its adoption: WHEREAS, Daniel Johnson applied for a variance for the following described property: Lot 15, Block 4, Hillcrest Gardens, Section 14, Township 29, Range 22 This property is also known as 1890 Furness Street, Maplewood; WHEREAS, SECTIONS 30 -81 (f) (1) and 36 -69 of the Maplewood Code of Ordinances requires interior single dwelling lots to be at least 75 feet wide; WHEREAS, the applicant is proposing two lots with seventy feet of width, each requiring a variance of five feet; WHEREAS, the procedural history of this variance is as follows: 1. This variance was applied for on July 5, 1984. 2. This variance was reviewed by the Maplewood Planning Commission on August 6, 1984. The Planning Commission recommended to the City Council that said var- iance be denied. 3. The Maplewood City Council held a public hearing on August 13, 1984 to consider this variance. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered.reports and recommendations of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MPALEWOOD CITY COUNCIL that the above described variance be denied on the basis that the variance: 1. Would not cause undue hardship because of circumstances unique to the individual property under consideration. 2. Would not be in keeping with the spirit and intent of the ordinance. Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Wasiluk. Nays - Councilmember Maida. 4. 7:30 P.M. Garage Moving - 1747 City Heights Drive a. Councilmember Bastian moved to continue the heari Seconded by Councilmember Wasiluk. Ayes - all. AWARD OF BIDS None. H. UNFINISHED BUSINESS - 9 - 8/13 1. McClelland Street Water a. Acting Manager Haider presented the staff report. b. Councilmember Bastian introduced the following resolution and moved its adoption: WHEREAS, pursuant to resolution passed by the City Council on July 30, 1984, plans and specifications for McClelland Street Water Main, Project No. 84 -4, have been prepared under the direction of the City Engineer, who has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertise- ment shall be published twice, at least three weeks before date set for bid open- ing, shall specify the work to be done, shall state that bids will be publicly opened and considered by the Council at 10 A.M. on the seventh day of September, 1984, at the City Hall and that no bids shall be considered unless sealed and filed with the Clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for 5% of the amount of such bid. 3. The City Clerk and City Engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The Council will consider the bids, and the award of a contract, at the regular City Council meeting of September 10, 1984. Seconded by Councilmember Anderson. Ayes - all. 2. Water - Beam Avenue - West of Highway 61 a. Acting Manager Haider presented the staff report and the details of the pro- posal. b. Mr. Jerry Mogren, owner of property in the area to be served. spoke on behalf of the proposal. c. Councilmember Anderson moved that the City Engineer is directed to investi- gate the scope of studv and - easi i i v s u v cost for ex en inq water main to . o i norin OT beam Avenue. Seconded by Mayor Greavu. Ayes - all. 3. Conditional Use Permit - Rolling Hills Mobile Home Park a. Acting Manager Haider presented the staff report. b. Mr. Dick Pearson, 1959 White Bear Avenue, explained the progress that has been made at the Mobile Home Park. - 101- 8/13 c. Councilmember Bastian moved to Mobile Home Park to comple e e a 60 day extension for the Rollinc sod and necessary see inq. Seconded by Councilmember Wasiluk. Ayes - all. d. Councilmember Anderson moved to leave the berm as it is Seconded by Councilmember Wasiluk. Ayes - all. e. Councilmember Bastian introduced the followinq resolution and moved its E:31�*A] Hills WHEREAS, the City initiated an amendment to a conditional use permit for a mobile home park at the following described property: The Northeast quarter of the Southeast quarter of Section 24, Township 24, Range 22 ion: WHEREAS, the procedural history of this conditional use permit is as follows: 1. The original conditional use permit was approved by the Maplewood City Council on October 25, 1982 and revised on April 24 and July 9, 1984. 2. The Maplewood City Council continued the hearing held on July 9, 1984 to consider further amending or revoking the conditional use permit. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City Staff. Council amended conditions nine and 24. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above described conditional use permit be amended to read as follows: 1. Prior to the spring thaw and until July 1, 1984, improved (gravel or similar material) off street parking pads shall be provided for each vehicle associated with an occupied unit. Unrestricted emergency vehicle access must be available at all times. 2. A mobile home shall not be moved onto a lot after April 23, 1984 until a street is paved in front of the lot. 3. There shall be no exterior storage of equipment, such as bikes, hoses, lawnmowers, rakes, etc. 4. Each lot shall be allowed an exterior storage shed of no more than 120 square feet. Such shed must be kept in workmanlike repair and painted. 5. No access shall be allowed to Century Avenue. 6. No construction or grading shall be allowed to disturb the tamarack grove. 7. The private sanitary sewer, water mains and street shall be constructed to be consistent with the Maplewood and St. Paul Water Utility standards to ensure a reasonable level of service. - 11 - 8/13 8. All utility installations shall be underground. 9. The private streets must be at least 28 feet in width, with parking on one side only. No parking shall be permitted in the vicinity of intersections. The Director of Public Safety shall specify the no parking distances for each intersection. Signs shall be posted by the park owner when available. 10. Water lines must be flushed at least once each year or as required by the environmental health official. 11. All storm water discharge must be directed to the wetland to the west. No connection to the City storm sewer shall be allowed. 12. All mobile homes must be new, skirted and tied down. Skirting shall extend from the frame of the chassis to the ground. Skirting must be painted to complement the mobile home. 13. All tie -downs and foundations must meet the State Building Code. 14. (a) Construction on the below -grade storm shelter shall begin May 11, 1984 and shall be completed by June 22, 1984, unless the Director of Public Safety extends the deadline due to circumstances beyond the control of the devel- oper. (b) The design of the below grade structure must be approved by the Director of Emergency Services, including emergency lighting, ventilation and sanitary facilities. (c) The above grade portion of the building must receive approval from the Design Review Board before construction. (d) The storm shelter must remain free of storage and available for use. (e) No further permits for additional mobile homes shall be issued until the shelter is completed. 15. The sign regulations for the R -3 district shall apply. 16. The following minimum setbacks shall apply. (1) Twenty feet to a private street. (2) Thirty feet to a public right of way, except for storage sheds. (3) Five foot side yard setback on the side opposite the entry. (4) Twenty foot side yard setback on the entry side. 17. No structures shall be allowed in a required setback, except for an accessory building in the twenty foot side yard setback and the thirty foot set- back from a public right of way. An accessory building must have a side yard setback of at least five feet. 18. Sales of mobile homes shall be limited to those owned by park residents and those sold by the park owner for placement in the park. 19. The developer shall provide traffic control signs as required by the Director of Public Safety. - 12 - 8/13 20. Compliance with all pertinent State Statutes and /or regulations. 21. No variation shall be permitted from the site plan dated 3 -21 -83 without Community Design Review Board approval. 22. The number of mobile homes shall not exceed 246. 23. This conditional use permit shall be reviewed in one year to determine compliance with conditions and whether a change in conditions is necessary to resolve problems that may have developed. 24. (a) After April 23, 1984, the following improvements must be installed within sixty days after a mobile home is placed on a lot: (1) A paved driveway and off street parking pad at least sixteen feet wide and twenty feet deep. (2) A thirty inch wide sidewalk from the mobile home entrance to the parking pad subject to placement of entrance decks. (3) All required landscaping on the lot. If the landscaping cannot be completed within sixty days, a letter of credit or cash escrow shall be deposited with the Director of Community Development to ensure installation. (4) Skirting. (b) Improvements required in item 24 (a) shall not apply to model homes. 25. If any of the above conditions are not met, no additional mobile homes shall be moved into the park. Seconded by Councilmember Wasiluk. Ayes - all. 4. Code Amendment - Garage Moving (2nd Reading) a. Acting Manager Haider presented the staff report. b. Mayor Greavu introduced the following ordinance and moved its adoption: ORDINANCE NO. 569 AN ORDINANCE ALLOWING STAFF APPROVAL FOR GARAGE RELOCATIONS THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Article I V of the Maplewood Code is hereby amended to read as follows: BUILDING RELOCATION Section 9.61. PERMIT REQUIRED TO MOVE BUILDING. No person shall move a house or garage over any highway, street or alley in Maplewood, without first receiving approval from the City. Section 9.62. APPLICATION. An applicant shall submit a building relocation application form and the following materials: 1. A certified abstracter's list, listing all property owners and their - 13 - 8/13 mailing addresses within 350 feet of the property to whicha house is to be moved. Garage relocations shall be exempt from this requirement. 2. A legal description of the property to which the building is to be moved. 3. Photographs showing all four sides of the building and a dimensioned site plan showing the proposed placement of the structure on the new site. 4. An application fee to be set by City Council resolution. 5. A cash escrow deposit of $100.00, which shall be used for defraying costs incurred by the City in inspecting the building and property, if located outside of Maplewood. The Inspectors, and any other officials whose inspection is required, shall inspect the building and be reimbursed at a rate of $15.00 for each house involved in making their inspection. If any of the escrow payment required is not used, the amount remaining shall be returned to the applicant. Section 9.623. PLAN REVIEW AUTHORITY. All applications for house relocations shall be subject to the approval of the City Council. Garage relocations may be approved the the Director of Community Development. The Council shall hold a public hearing on any application for house relocation, after notice of such hearing has been published in the official newspaper at least ten days before the hearing. Notices shall also be mailed to each of the owners of property within 350 feet of the property for which the house relocation is petitioned, such notices shall be mailed at least ten days before the hearing. Section 9.64. SUBMITTAL EVALUATION. 1. The following findings must be made to approve a building relocation request: a. The proposed building(s) is compatible with those in the neighborhood it would be moved._ A determination of compatibility may be based on comparing the structure's exterior siding, height, mass, age and style of construction to the average home in the neighborhood to which the house is to be moved and the health, safety and welfare of the community. b. That all City Code requirements can be met. c. That water run off from the site will not cause an adverse effect on surrounding properties. d. Public streets can be protected from damage. Section 2. This ordinance shall take effect and be in force from and after its passage and publication. Seconded by Councilmember Wasiluk. Ayes - all. 5. Code Amendment - Cul -de -Sac Diameter (2nd Reading) a. Acting Manager Haider presented the staff report. b. Councilmember Wasiluk introduced the following ordinance and moved its adoption: - 14 - 8/13 I. ORDINANCE NO. 570 AN Ordinance Regulating the Radius of Cul -de -Sac Streets THE MAPLEWOOD CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 30- 8(b)(3) the Maplewood Code of Ordinances is hereby amended as follows: (3) Cul -de -sacs. Cul -de -sacs, when used, shall be held to as short a distance as possible between the origin or main street and the end of the cul -de- sacs. In no case shall dul -de -sacs exceed one thousand (1,000) feet in length, unless no other alternative is possible. Each cul -de -sac shall have a terminus of nearly circular shape with a minimum right of way diameter of one hundred twenty (120) feet. Section 2. This ordinance shall take effect upon its passage and publication. Seconded by Councilmember Maida. Ayes - Mayor Greavu, Councilmembers Anderson, Maida and Wasiluk. Nays - Councilmember Bastian. NEW BUSINESS 1. Purchase of Computer a. Director of Finance Dan Faust presented the staff report. b. Councilmember Bastian moved that Council authorize the following: A. Termination of membership in LOGIS B. An agreement with Tele- Terminals, Inc. for the purchase of computer hardware and software under existing State contracts. C. Appropriate 1984 and 1985 Budget adjustments to finance the computer system expansion as outlined in this report. Seconded by Councilmember Wasiluk. Ayes - all. 2. Sewer Agreement a. Acting Manager Haider presented the staff report. b. Councilmember Anderson introduced the following resolution and moved its adoption: 84 -8- 122 RESOLVED that the Joint Use Lift Station Agreement with the City of St. Paul as amended is approved. Seconded by Councilmember Maida. Ayes - all. 3. Part Time Building Official a. Director of Community Development Geoff Olson presented the staff report. - 15 - 8/13 b. Councilmember Bastian moved to approve the hiri inspector as a consultant or a month tria peric o rom t he contingency account. of a part time build nd authorize th& tra Seconded by Councilmember Wasiluk. Ayes - all.. L. ADMINISTRATIVE PRESENTATIONS 1. Joint Powers Agreement - Access to 61 a. Acting Manager Haider presented the staff report. b. Councilmember Wasiluk introduced the following resolution and moved its adoption: 84 -8- 123 RESOLVED that the Staff is authorized to complete final wording of the Joint Powers Agreement between Maplewood MnDOT and Hess Kline and Jean Parranto for access to T.H. 61 and execute said agreement as soon as practible. Seconded by Councilmember Anderson. Ayes - all. J. VISITOR PRESENTATIONS None. v_: COUNCIL PRESENTATIONS 1. Todd - White Bear Avenue a. Councilmember Wasiluk wished to inform the Council regarding the continuing problems with the newly constructed tri -plex. b. Acting Manager Haider explained that the contractor had not followed approved plans. b. Mrs. Jean Todd, 2800 White Bear Avenue, lives next door to the development and again stated the many problems that are there. d. Councilmember Bastian introduced the following resolution and moved its WHEREAS, a series of homes was constructed at 2792, 2794 and 2796 White Bear Avenue in non - compliance with the approved grading plan; WHEREAS, the developer subsequently built a retaining wall without City inspection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that as an additional condition for issuance of an occupancy permit the developer shall: 1) Submit a certification from a registered engineer that the retaining wall is built to an accepted engineering standard. 2) Submit a certification from a registered engineer that the drainage - 16 - 8/13 ion: from the property will not adversly affect adjoining property. Seconded by Councilmember Wasiluk. Ayes - all. e. Councilmember Maida moved that staff investigate what possible action can be taken in regards to the Don John proper y. Seconded by Councilmember Bastian. Ayes - all. 2. Driveways a. Councilmember Maida requested staff investigate possible regulations pertain- ing to abutting driveways and retaining walls. b. Referred to Staff for investigation. 3. Council Policies a. Councilmember Anderson commented on Council Policies and how they could be inforced. 4. Frost Avenue a. Councilmember Anderson questioned what is happening to the plans for construction of Frost Avenue. b. Staff stated plans were still at the County. 5. Senior Roommate Program a. Councilmember Bastian requested the City's housing authority investigate the proposed senior - roommate program. 6. Special Use Permits a. Councilmember Bastian commented on liquidated damages concept regarding special use permits. He requested that something be drawn up as an ordinance and returned to the Council. 7. Building Codes Not discussed. M. ADJOURNMENT 10:52 P.M. City Clerk - 17 - 8/13