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HomeMy WebLinkAbout09.24.84MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Thursday, September 24, 1984 Council Chambers, Municipal Building Meeting No. 84 -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 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 D. E 1. Minutes of Meeting No. 84 -20 (September 10, 1984) Councilmember Bastian moved that the Minutes of Meeting No. 84 -20 (September 10, 1984) be approved as submitte . Seconded by Councilmember Anderson. APPROVAL OF AGENDA Ayes - Mayor Greavu, Councilmember Anderson, Bastian and Wasiluk. Councilmember Maida abstained. Councilmember Bastian moved to approve the Agenda as amended: 1. County Road B and McMenemy 2. State Code - Sprinkler Systems 3. 3M - Battle Creek Charge 4. Commissioner's Meeting 5. Variance Alternative 6. Wakefield Park 7. Bobeldyk 8. Budget Seconded by Mayor Greavu. CONSENT AGENDA Ayes - all. Councilmember Anderson moved, seconded by Councilmember Bastian, Ayes - all, to approve the Consent Agenda Items 1 through 10 as recommended: Accounts Payable Approved the accounts (Part I - Fees, Services and Expenses - Check Register dated September 14, 1984 and September 17, 1984 $491,324.76: Part II - Payroll Check dated September 7, 1984 - $62,630:11) in the amount of $553,954.87. - 1 - 9/24 2. Budget Transfer for Temporary Help - Finance Approved a budget transfer of $1,430 from the money originally budgeted for the purchase of a phone system to finance the temporary accountant's wages and worker's compensation insurance costs in the finance department. 3. Renewal of G.H.P. and E.B.P. Contracts Approved that the existing one year contracts for employee insurance be renewed with Group Health Plan and Employees Benefit Plan. 4. Renewal of B.C.B.S. Contract Approved that the existing one year contract for employee insurance with Blue Cross /Blue Shield be renewed for one year with the addition of the AWARE Program subject to the bargaining unit's approval. 5. Appropriation from P.A.C. Fund Approved a budget appropriation of $7,000 from the Commercial P.A.C. Fund to the Good- rich Overlay Project. 6. Final Payment and Change Order: Project 80 -10 84 -9- 134 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project No. 80 -10, T.H. 61, Frontage Road, and has let a construction contract, therefore, pursuant to Minnesota Statutes, Chapter 429; and WHEREAS, said project has been certified as completed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the project is completed and final payment on the construction contract is hereby authorized. Resoltuion No. 84 -9 -135 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project No. 80 -10, T.H. 61 Frontage Road, and has let a construction con- tract therefore pursuant to Minnesota Statutes, Chapter 429; and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project No. 80 -10, Chage Order No. 6. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the Mayor and City Engineer are hereby authorized and directed to modify the existing contract by executing said Change Order No. 6. 7. Final Payment: Project 84 -6 Resolution No. 84 -9 -136 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project No. 84 -6, Bituminous Overlay Project and has let a construction contract; and WHEREAS, said project has been certified as completed. - 2 - 9/24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the project is completed and final payment on the construction contract is hereby authorized. 8. Time Extension: Tilsen's 11th Addition Approved a six month time extension for Robert Tilsen's Maplewood Heights No. 11 planned unit development and preliminary plat. 9. Change of Manager on Liquor License - Holiday Inn Approved Gary Lee Wink as the holder of the On Sale Intoxicating Liquor License at the Holiday Inn, 1780 E. County Road D. 10. Change of Manager on Liquor License - Red Lobster Approved Leonard Goodrum as Manager- License holder for the On Sale Intoxicating Liquor License for Red Lobster. Councilmember Bastian moved to waive the Rules of Procedures to hear J - Visitor Pre- sentation at this time. Seconded by Councilmember Wasiluk. Ayes - all. J. VISITOR PRESENTATION 1. Mr. Ted DeZurick a. Mr. Ted DeZurick stated he is building four and eight unit condominiums on Larpenteur Avenue known as Bennington Woods. He applied for a building permit and was told he needed a sprinkling system. The cost per building is extensive and he requests the Council investigate the need for such requirements. b. Council adopted an optional code regarding sprinkling system and Mr. DeZurick's building falls in this category. c. Councilmember Anderson instructed staff to investigate the need for such code. Seconded by Councilmember Wasiluk. Ayes - all. F. PUBLIC HEARINGS 1. 7:00 P.M. Plan Amendment and Conditional Use Permit (WMIN) The hearing was cancelled, the applicant withdrew their request. 2. 7:10 P.M. - Conditional Use Permit - County Road D (Podawiltz) ' a. Mayor Greavu convened the meeting for a public hearing regarding the request of Maple Ridge Partnership for a conditional use permit for a 41 foot tall apart- ment building to be located on the north side of County Road D between 1655 and 1729 East County Road D. Maplewood Code permits a maximum of 35 feet. b. Manager Evans presented the staff report. - 3 - 9/24 c. Board Member Rossbach presented the following Community Design Review Board recommendation: "WHEREAS, Maple Ridge Partnership initiated a conditional use permit to build a 41 foot tall apartment building when the maximum permissable height is 35 feet at the following described property: That part of the W 112 of the E 1/2 of the SE 1/4 lying south of the right of way of U.S. Highway No. 694, all in Section 34, Township 30, Range 22, Ramsey County, Minnesota, containing approximately 5.06 acres. WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was initiated by Maple Ridge Partnership, pursuant to Maplewood Code of Ordinances. 2. This conditional use permit was reviewed by the Maplewood Community Design Review Board on August 14, 1984. The Community Design Review Board recom- mended to the City Council that said permit be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD that the above described conditional use permit be approved on the basis of the following findings of fact: 1. The use is in conformity with the City's Comprehensive Plan and with the purpose and standards of this chapter. 2. The establishment or maintenance of the use would not be detrimental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character of that zoning district. 4. The use would not depreciate property values. 5. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to the noises, glare, smoke, dust, odor, fumes, water pollution, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 6. The use would generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area properties. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parks. 8. The use would not'create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the City. 9. The use would preserve and incorporate the site's natural and scenic features into the development design. 10. The use would cause minimal adverse environmental effects. Board Member Deans seconded. Ayes all." - 4 - 9/24 d. Mr. Mike Podawiltz, the developer, spoke on behalf of the proposal. He also stated he agrees to the conditions recommended by the Community Design Review Board. 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. Mayor Greavu introduced the following resolution and moved its adoption: 84 - 9 - 137 WHEREAS, Maple Ridge Partnership initiated a conditional use permit to build a 41 foot tall apartment building when the maximum permissable height is 35 feet at the following described property: That part of the W 1/2 of the E 112 of the SE 1/4 lying south of the right of way of U.S. Highway No. 694, all in Section 34, Township 30, Range 22, Ramsey County, Minnesota, containing approximately 5.06 acres. WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was initiated by Maple Ridge Partnership, pursuant to the Maplewood Code of Ordinances. 2. This conditional use permit was reviewed by the Maplewood Community Design Review Board on August 14, 1984. The Community Design Review Board recommended to the City Council that said permit be approved. 3. The Maplewood City Council held a public hearing on September 24, 1984. 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 state- ments. The Council also considered reports and recommendations of the City Staff and Community Design Review Board. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above described conditional use permit be approved on the basis of the following findings of fact: 1. The use is in conformity with the City's Comprehensive Plan and with the purpose and standards of this chapter. 2. The establishment or maintenance of the use would not be detrimental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character'of that zoning district. 4. The use would not depreciate property values. 5. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to the noises, glare, smoke, dust, odor, fumes, water pollution, water run off, vibration, general unsightliness, electrical interference or other nuisances. - 5 - 9/24 6. The use would generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area properties. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parks. 8. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the City. 9. The use would preserve and incorporate the site's natural and scenic features into the development design. 10. The use would cause minimal adverse environmental effects. 11. The six extra feet of building height is insignificant due to the freeway location and large setbacks. Seconded by Councilmember Bastian. Ayes - all. G. AWARD OF BIDS None. H. UNFINISHED BUSINESS 1. Plan Amendment - Maplewood West Boulevard a. Director of Community Development Geoff Olson presented the staff report. b. The following persons spoke on behalf of Mr. William Korstad's development and proposal for the roads: Mr. James Benshaaf, Benshaaf and Associates Mr. Perry Bolen, Bolen and Associates Mr. Karl Grittner Mr. William Korstad, the developer. c. The following persons spoke on behalf of Mr. Robert Hajicek's development and proposal for the roads: Mr. Peter Fausch, Stegar- Roscoe, Inc. Mr. Robert Hajicek. d. Mr. Greg Tilsen, Homart, Inc. and Mr. Bill Knutson, Health Resources, Inc., expressed their views as to how each proposal would effect their development. e. Councilmember Anderson moved to adopt the following staff recommendation for the Maplewood West Boulevard eve opmen : 1. Adopt guidelines, based on keeping as many options open as possible, rather than amending the plan, because: a. The streets are basically local and do not need to be shown on the plan. b. It would be premature to draw specific alignments on the land use plan map, when development plans have not yet been done. - 6- 9/24 c. Guidelines need to be adopted, however, to give direction to the developers in this area. The guidelines are as follows: 1) The following streets should be included in development plans for the area: a) Maplewood West Boulevard from at least Beam Avenue to the north property line of Mr. Korstad's property. Continuation of this street to County Road D may be allowed by the City, provided that traffic from Mr. Hajicek's property is reasonably distributed over Hazelwood Avenue, Maplewood West Boulevard and a future Southlawn Drive. b) A Southlawn Drive from Beam Avenue to County Road D. The alignment may have to be realigned to the west to front on properties that would benefit from the assessments. c) An east -west street(s) connecting Hazelwood AVenue and the Maplewood Mall ring road. There should be access to this street from the Korstad and Hajicek properties. 2) Specific alignments will be determined at the time that development plans are submitted to the City, except that alignments for a Maplewood West Boulevard and an east -west street to the mall ring road are approved as follows (plan on file in the Community Development Department): Maplewood West Boulevard as a through street, with a curve to the east. This curve would intersect an east -west street from the mall ring road, along the Korstad- Hajicek - Homart property line, at a point between 320 and 500 feet from the west line of the Homart property. 3) Change Maplewood West Boulevard to Kennard Street to be consistent with the City's street system and to avoid confusion with Maplewood Drive (Highway 61). Seconded by Councilmember Wasiluk. Ayes - all. 2. Code Amendment: Environmental Protection and Critical Areas Ordinance (Second Reading) a. Manager Evans presented the staff report. b. Mayor Greavu introduced the following ordinance and moved its adoption: ORDINANCE NO. 571 AN ORDINANCE AMENDING THE MAPLEWOOD CODE RELATING TO THE ENVIRONMENTAL PROTECTION AND CRITICAL AREA ORDINANCES - 7 - 9/24 Section 1. Chapter nine of the Code of Ordinances is amended to consolidate the Critical Area Ordinance (Sections 36 -496 through 36 -549) with the Environmental Protection Ordinance (Sections 9 -186 through 9 -193) as follows: ARTICLE IX. ENVIRONMENTAL PROTECTION AND CRITICAL AREA DIVISION 1, GENERALLY Section 9 -186. Purpose. The purpose of this ordinance is to protect significant natural features, which: (1) Preserve the natural character of neighborhoods (2) Protect the health and safety of residents (3) Protect water quality (4) Prevent erosion or flooding (5) Manage the Mississippi River Corridor Critical Area in accordance with the Critical Areas Act of 1973, the Minnesota Policy Act of 1973 and the Gover- nor's critical area designation order, Executive Order 130, dated November 23, 1976. Section 9 -187. Applicability. This ordinance shall apply to any new subdivision, development or building to be approved by the City Council or Community Design Review Board. This ordinance shall not apply to any use permitted on a temporary basis for a period not to exceed two years, when such use is established without site preparation. Section 9 -188. Definitions. Bluffline - -a line delineating a top of a slope with direct drainage to a protected water, connecting the points at which the slope becomes less than eighteen percent. (More than one bluffline may be encountered proceeding landward from a protected water.) Critical Area - -The Mississippi River Corridor Area bounded by Carver Avenue, I- 494 and the City limits. Crown Cover - -the ratio between the amount of land shaded by the vertical projection of the branches and foliage area of standing trees to the total area of land, usually expressed as a percentage. Direct Drainage -- drainage into a protected water without an intervening pond or wetland Erosion - -the general process by which soils are removed by flowing surface or sub - surface water or wind - 8 - 9/24 Gross Soil Loss - -the average annual total amount of soil material carried from one acre of land by erosion Lift Station - -a facility, including pumping facilities, for the lifting of sewage or storm water runoff to a higher sewage facility or storm water runoff facility Pipeline - -an underground line of pipe including associated pumps, valves, control devices and other structures utilized for conveying liquids, gases, sewage or other finely divided solids from one point to another Protected Water -- formerly referred to as public waters, means any water defined in Minnesota Statutes, Section 105.37, subdivision 14 Retaining Wall - -a structure utilized to hold a slope in position which it would not naturally remain 'in Sediment -- suspended matter carried by water, sewage or other liquids Slope- -the inclination of the natural surface of the land from the horizontal; commonly described as a ratio of the length to the height. Structure -- anything manufactured, constructed or erected which is normally attached to or positioned on land, including portable structures Substation - -any utility structure, other than lines, pipelines, holes or towers Terrace - -a relatively level area bordered on one or more sides by a retaining wall Tree - -any woody plant, except a shrub, that has at least one trunk whose diameter is four inches or greater, four feet above the ground Utility Facility -- physical facilities of electric, telephone, telegraph, cable television, water, sanitary and storm sewer, solid waste, gas or similar service operations Vegetation - -all plant growth, especially trees, shrubs, mosses or grasses Water Body - -any lake, stream, pond, wetland or river Wetland - -any land which is seasonably wet or flooded, including all marshes, bogs, swamps or floodplains Section 9 -189. Density Guarantee. The requirement in this article shall prevent the development of property to the maximum density allowed in the Maplewood Comprehensive Plan Update. The City Council may require the clustering of dwellings in the form of townhouses; quads or apart- ments or similar uses, where it is necessary to preserve natural features. Single family homes are not precluded from consideration as part of any proposed development under this ordinance. - 9 - 9/24 DIVISION 2, SITE PLANNING REQUIREMENTS Section 9 -190. Site plan required The applicant shall submit a site plan and any other information needed to determine compliance with this ordinance. Specific requirements shall be stated on an appli- cation form in the office of the Director of Community Development. Section 9 -191. Site Plan approval standards. No site plan which fails to satisfy the following standards shall be approved: (1) General standards a. The conduct of all grading, landscaping, structure placement, and street routing shall be consistent with and to the maximum extent in the further - ance of the City's Comprehensive Plan, and for development in the Mississippi River Corridor Critical Area, the Maplewood Critical.Area Plan. b. The proposed - development shall not lessen existing public access to and along a protected water. c. The proposed development shall be designed, constructed and maintained to avoid causing: 1. Accelerated erosion 2. Pollution, contamination or siltation of water bodies or storm sewers d. Flooding 4. Ground water contamination. d. Development shall nto substantially diminish the scientific, historical educational, recreational or aesthetic value of unique natural areas and unique plant and animal species, which are registered with the State as such, and shall not substantially alter the reproductive cycle of the species. e. Views of protected waters from buildings or public streets shall not be impaired by the placement of advertising signs. (2) Slopes a. No development shall be permitted on existing slopes of eighteen percent or greater which are in direct drainage to a protected water. b. In areas not in direct drainage to a protected water, no development shall be allowed,on existing slopes greater than forty percent.. c. No development, whether or not in direct drainage to a protected water, shall be permitted on land having an existing slope in excess of twelve percent, unless the applicant proves the following conditions are met: 1. Controls and protections exist uphill from the proposed development - such that there is no danger of structures or streets being struck by falling rock, mud, sediment from erosion, uprooted trees or other materials. - 10 - 9/24 2. The proposed development presents no danger of falling rock, mud, sediment from erosion, uprooted trees or other materials to structures downhill. 3. The view of a developed slope within the Critical Area from the Mississ- ippi River and opposite river bank is consistent with the natural appear- ance of the undeveloped slope, consistent with any state registered historic areas nearby, compatible with the view from historic areas, and compatible with surrounding architectural features. 4. The City Engineer may require the developer to provide a soils engineer to certify the stability of potentially unstable slopes. d. The basic character of natural slopes of 25% or more in grade shall not be altered without approval from the City Council. The Council shall base their decision on: 1. The degree of alteration of the slope and 2. The improtance of the slope to the character of the area. e. All new structures and roads shall be placed no closer than forty feet feet from a bluff line. Exceptions shall be: 1. Public recreation facilities, scenic overlooks, public "observation" platforms or public trail systems 2. The construction of above - ground pumping stations 3. Other development, when the applicant can conclusively demonstrate that construction or final development will not negatively impact slopes with a grade of eighteen percent or greater 4. All other structures, other than buildings and raodway surfaces, but including retaining walls, shall meet the following design requirements: a) Retaining walls or terrace contours in excess of three feet in height shall have a fence. b) Construction materials shall be subject to Community Design Review Board approval. f. The requirements of this section shall not apply in the following situations: 1. Where a slope has been substantially altered by prior excavation or filling. 2. Where a slope is less than 200 feet in length (top to bottom) or 500 a feet in width (side to side). 3. Where earth sheltered homes are proposed. Erosion control and soils: a. All erosion control, storm water run -off, utility and similar structures shall be designed to be maintained and operated without requiring the - 11 - 9/24 crossing or operation of heavy maintenance vehicles and equipment, such as bulldozers, trucks and backhoes, on slopes in excess of eight percent. This requirement may be waived by the City Council where there is no other alternative. b. Construction shall not be allowed where there are soil problems, including but not limited to, soil bearing strength, shrink /swell potential or ex- cessive frost movement, unless effective soil correction measures or build- ing construction methods are approved by the building official. c. Development shall be accomplished only in such a manner that on -site gross soil loss levels shall not exceed five tons per acre per year during con- struction, but only two tons per acre per year when the site is adjacent to a water body, water course or storm sewer inlet and 0.5 tons per acre per year after construction activities are completed. d. A development shall be located to minimize the removal of vegetation and alteration of the natural topography. e. Erosion protection measures shall make maximum use of natural, inplace vegetation, rather than the placing of new vegetation on the site. (4) Wetlands a. Wetlands and other water bodies shall not be used as primary sediment traps during construction. b. Filling or construction shall not be allowed in areas proposed for ponding in the Maplewood Drainage Plan, as determined by the City Engineer. c. Filling shall not cause the natural nutrient stripping capacity of the wetland to fall below the nutrient production of the wetland watershed for its projected development. d. Fill must be free of chemical pollutants and organic wastes. e. The property owners adjoining a wetland should be given the opportunity for an equal apportionment of fill. (5) Trees a. Development shall be designed to preserve the maximum number of healthy trees. This requirement shall not apply to diseased trees or where a forester certifies that thinning is needed for the overall health of a woodlot; in which case, a specific tree removal plan must be approved by the City. b. If trees are not cut, the density of trees shall be restored to that which existed before development, but in no case shall the applicant be required to raise the density above ten trees per acre, unless part of a required planting screen. Any trees required to be planted shall be varied in species, shall maximize the use of species native to the area, shall not include any species under disease epidemic and shall be hardy under local conditions. Tree diameters shall be at least two inches. - 12 - 9/24 c. The applicant shall demonstrate that all grading which takes place will be conducted in a manner that preserves the root zone areation and stabil- ity of existing trees and provides an adequate watering area equal to at least one -half of each tree's crown cover. DIVISION 3, UTILITIES AND STREETS Section 9 -192. Utilities. a) Underground placing of utilities shall be required, unless economic, techno- logical or land characteristic factors make underground placement unfeasible. Economic considerations alone shall not be the major determinant regarding feasibility. (b) Overhead crossings of protected waters, if required, shall meet the following criteria:_ (1) The crossings shall be adjacent to or part of an existing utility corridor, including bridge or overhead utility lines, whenever possible. (2) All structures utilized shall be as compatible as practical with land use and scenic views. (3) Right of way clearance shall be kept to a minimum. (4) Vegetative screening shall be utilized to the maximum extent that would be consistent with safety requirements. (5) Routing shall avoid unstable soils, blufflines or high ridges. The alter- ation of the natural environment, including grading, shall be minimized. (6) The crossings shall be subject to the site planning requirements set forth in this ordinance. (c) Utility substations (1) All substations shall be subject to the site planning requirements set forth in this ordinance. (2) New substations or refurbishment of existing substations shall be compat- ible in height, scale, building materials, landscaping and signing with surrounding natural environment or land uses. Screening by natural means is encouraged. (d) Pipelines (1) All proposed pipelines and underground facilities shall be subject to the site planning requirements set forth in this ordinance. (2) These facilities shall be located to avoid wetlands, woodlands or areas of unstable soils. (3) All underground placing of utilities or pipelines shall be followed by turf establishment. (4) All proposed pipelines shall be placed at least eight feet under a creek bed. - 13 - 9/24 Section 9 -193. Streets. (a) The grades of any streets shall not exceed seven percent, unless there is no feasible alternative as determined by the City Engineer. (b) Roads shall be constructed to minimize impacts on the natural terrain and natural landscape. (c) All roads shall be subject to the site planning requirements set forth in Section 9 -191. Section 2. Sections 36 -496 to 36 -549 (Critical Area Ordinance) of the Maplewood Code of Ordinances are hereby rescinded. Section 3. This ordinance shall take effect after its passage and publication. Seconded by Councilmamber Maida. Ayes - all. 3. Code Amendment: Driveway Setback (Second Reading) a. Manager Evans presented the staff report. b. Councilmember Bastian introduced the following ordinance and moved its adoption: ORDINANCE NO. 572 AN ORDINANCE ALLOWING THE CITY COUNCIL TO APPROVE DRIVEWAYS WITHIN THE FIVE FOOT SETBACK THE MAPLEWOOD CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 29 -120 is amended as follows: Section 29 -120. Location. Driveways shall have a setback of at least five feet from the side or rear lot lines, except by written agreement with the owner of the adjacent lot or where the City Council or Community Design Review Board approves a lesser setback. In order to approve a driveway within the five foot setback, without approval of the adjacent owner, the City shall notify the adjacent owner at least ten days before the meeting. The Council must make a finding that the drive would have no adverse effect on the adjacent lot or owner. The Council shall include the following considerations in determining adverse effect: a. Snow storage b. Proximity of the drive to an adjacent house c. Difference in grade elevations d. Drainage e. Headlight glare f. Noise g. Berms Section 2. Section 29 -123 is added as follows: Section 29 -123. Enforcement - 14 - 9/24 I If the drive is illegally constructed within the setback, the City may require that the portion of the driveway that is within the setback be removed. Section 3. This ordinance shall take effect upon passage and publication. Seconded by Councilmember Anderson. Ayes - all. NEW BUSINESS 1. No Parking - County Road D a. Councilmember Bastian moved to table this item until the next meeting and instructed staff to notify the area business of the proposal. Seconded by Councilmember Maida. Ayes - all. 2. Rezoning: County Road B and VanDyke a. Manager Evans stated at the last meeting Council was questioned as to what had happened to the development proposal for the northwest corner of County Road B and VanDyke. If the developer wishes to proceed he must start with anew appl- cation. b. Mr. Manfred Recihert requested the Council rezone the property. c. Councilmember Bastian moved Council initiate a hearing to rezone the on the northwest corner of ounty Road B and VanDyke Street from R-3 an Seconded by Councilmember Wasiluk. Ayes - all. 3. Conveyance of Tax Forfeited Land: Maple Crest Park a. Manager Evans presented the staff report. b. Councilmember Anderson introduced the following resolution and moved its adoption: :' WHEREAS, the Board of County Commissioners of Ramsey County by Resolution dated September 17, 1984, classified as non - conservation land, certain land lying within the limits of the City of Maplewood; and WHEREAS, a copy of the classification resolution together with a list of the land classified has been submitted for approval of the classification in accordance with Minnesota Statutes Annotated, Section 282.01, sub. 1; and WHEREAS, the City of Maplewood has determined that said land is required for park and recreation purposes; NOW, THEREFORE, BE IT RESOLVED, that said classification of the land shown on said list as non - conservation land is hereby approved; and BE IT FURTHER RESOLVED, that the proper City officials be and hereby are author - ized to make an application for conveyance of said tax forfeited land for park and recreation purposes; and - 15 - 9/24 BE IT FURTHER RESOLVED, that the City Clerk be and hereby is authorized to file a certified copy of this resolution and application for conveyance of said tax forfeited land in the Office of the Land Commissioner. Seconded by Councilmember Wasiluk. Ayes - all. 4. Ordinance on Liquor License Bonds a. Manager Evans presented the staff report. b. Councilmember Anderson moved first reading of an ordinance amending the for- feiture of bond requirements for liquor licenses to allow collection of cash up to the amount of e bond. Seconded by Councilmember Bastian. Ayes - all. J. VISITOR PRESENTATIONS 1. Doris Calhoun, 2205 Arkwright a. Ms. Calhoun expressed the wishes of the neighborhood and herself regarding the proposed development of the,property on County Road B legally described as Lots 5 and 6, Block 36, Dawson's Suburban Acres. b. Councilmember Bastian moved to initiate a rezoning hearing for the above men- tioned property to R -1 based on Council's prior actions with own zoning property Seconded by Councilmember Wasiluk. Ayes - all. 2. Jack Landsdahl, 1451 E. County Road B a. Mr. Landsdahl presented a petition signed by area residents requesting clean up of the vacant property east of 1451 E. County Road B. H. UNFINISHED BUSINESS 4. City Hall a. Manager Evans presented the staff report. b. Councilmember Maida made the following disclosure that her husband is employed by a mechanical engineering firm who works for several architectural firms, but he has no ownership, no policy making decision in the firm. b. Following a vote and discussion, Councilmember Wasiluk moved to hire the firm of Architectural Alliance for the City Hall project. Seconded by Councilmember Anderson. Ayes - Mayor Greavu; Councilmembers Anderson, Maida and Wasiluk. Nays - Councilmember Bastian. Council will meet with Architectural Alliance October 1, 1984 at 4:00 P.M. 5. Joint Powers Agreement - IDR Roseville a. Manager Evans presented the staff report. - 16 - 9/24 b. Mayor Greavu moved to enter into an agreement with Roseville for $3,600,000 portion of Maplewoo s IDR allocation. Seconded by Councilmember Maida. Ayes - all. Councilmember Anderson moved to waive the Rules of Procedures and extend the meet- ing past the deadline. Seconded by Mayor Greavu. Ayes - Mayor Greavu; Councilmembers Anderson, Bastian and Maida. Nays - Councilmember Wasiluk. 6. Fees and Permits a. Manager Evans presented the staff report. b. Councilmember Anderson moved first reading of an ordinance to increase the planning fees and moved tha a variance ees remain as stated. Seconded by Councilmember Wasiluk. Ayes - all. c. Councilmember Anderson introduced the followinq resolution and moved its 84 -9- 139 BE IT RESOLVED, THAT THE City Council of Maplewood, Minnesota, established the following fees effective January 1, 1985: Amusement Park License $110.00 Bench Permit First Bench 30.00 Each Additional Bench 15.00 Bingo License For one Night /Wk. for 52 wks. 110.00 For two nights /wk. for 52 wks. 220.00 One night 10.00 Christmas Tree Sales Regular 105.00 Non - profit organization 80.00 Cigarettes & Tobacco 30.00 Coin - Operated Amusement Devices Per Location 110.00 Per Machine 27.00 Dog Kennels First Time 30.00 Renewal 10.00 Gambling License 110.00 Golf Course 110.00 - 17 - 9/24 ion: Motels 1 - 15 units 45.00 16 - 35 70.00 36 - 100 110.00 - over 100 135.00 Restaurant and /or Bakery Food Establishment 120.00 Catering Food Vehicle First Vehicle 60.00 Each Additional 30.00 Fleet License 170.00 Itinerant Food Establishment (Limit 7 Days) First Day 30.00 Each Additional Day 15.00 Non - Perishable Food Vehicle First Vehicle 30.00 Each Additional 15.00 Fleet License 75.00 Potentially Hazardous Food Vehicle First Vehicle 85.00 Each Additional 40.00 Fleet License 250.00 Special Food Handling Establishment 40.00 Tavern License 220.00 Taxicab License Base Charge 30.00 Each Driver 10.00 Theater License Indoor 110.00 Outdoor 220.00 Contractor's License 60.00 3.2 Beer License j, On -Sale 100.00* Off -Sale 30.00* Temporary Food & Beer 15.00 /day LICENSES DUE JULY 1st Used Car Dealer 220.00 LICENSES DUE AUGUST lst - 18 - 9/24 Motor Vehicle Repair 40.00 Service Station 30.00 First Pump 45.00 Each Additional Pump 6.00 Trailer Rental 15.00 First 5 Trailers 15.00 Each Additional Trailer 2.00 LIQUOR LICENSES 5.00 Club Liquor License 300.00* On -Sale Liquor 4,285.00 Off -Sale Liquor 200.00* Sunday Liquor 200.00* Beer and Wine Seating up to 25 840.00 Each Additional 10 Seats 110.00 Maximum 2,230.00 MISCELLANEOUS SERVICE CHARGES Commercial and Industrial Revenue Note /Bonds Base Charge N of Bond Issue) 1% Minimum 5,000.00 Maximum 20,000.00 Amount Paid With Application 1,000.00 Liquor License Investigation Fee 335.00 Block Party License 15.00 Carnival License 110.00 Solicitor License Base Per Company 60.00 Additional Per Solicitor 30.00 Auctioneer License Annual 55.00 Daily 15.00 Pawn Shop 55.00 Pending Assessment Searches - 6.00 Police Accident Report Copies 5.00 Cat and Dog Licenses Male 6.00 Female 6.00 Neutered /Spayed 3.00 - 19 - 9/24 i Building Relocation 110.00 Community Design Review Board 60.00 Sewer Connection Permit (Per Connection) Residential Connection 30.00 Non - Residential Connection 45.00 Moving Permit 60.00 Wrecking Permit 30.00 Driveway Permit 6.00 Property Owner List 30.00 + 3.50 /name Mobile Home Permits 35.00 PUBLICATIONS (includes sales tax) Zoning Code 6.00 Platting Code 3.00 Sign Code 2.50 Comprehensive Plan 10.00 Zoning Map 3.50 City Map 3.50 Section Map 3.50 *License Fee set by State Law. Seconded by Councilmember Wasiluk. Ayes - all. K. COUNCIL PRESENTATIONS 1. County Road B and McMenemy Discussed under J -1 2. State Building Code - Sprinkler Systems Discussed previously 3. D.N.R. a. Councilmember Anderson moved to notify DNR that they should not charge 3M Co. for the fish that killed in Battle Creek Lake based on the fact that did no "stock" the lake and no costs were incurred by them. Seconded by Councilmember Maida. Ayes - all. - 20 - 9/24 r 4. Commissioner's Meeting 47 a. Councilmember Anderson requested Council to give some thoughts for establish - ing another Council /Commission meeting. 5. Variance Alternatives a. Councilmember Bastian made several suggestions regarding the granting of var- iances and the laws governing variances. b. Staff is investigating. L. ADMINISTRATIVE PRESENTATIONS 1. Wakefield Park Lease a. Manager Evans stated the lease for Wakefield Park had been approved approximately 12 years ago, but changes had to be made and it should be signed. b. Councilmember Bastian moved to approve the lease agreement for Wakefield Park as submitted. Seconded by Councilmember Maida. Ayes - all. 2. Bobeldyk a. Manager Evans stated the County is entering into litigation against Mr. Bobeldyk regarding his tri -plex on White Bear Avenue and inquired if Maplewood wished to join them. b. Councilmember Bastian moved to enter into a suit with the County against Mr. Bobeldyk. Seconded by Councilmember Anderson. Ayes - all. M. ADJOURNMENT 10:35 P.M. i y er - 21 - 9/24