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HomeMy WebLinkAbout11.08.84MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, November 8, 1984 Council Chambers, Municipal Building Meeting No. 84 - 24 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building, and was.lcalled to order at 7:OO.P.M._by-Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilperson Present Gary W. Bastian, Councilperson Present MaryLee Maids, Councilperson Present Michael T. Wasiluk, Councilperson Present C. APPROVAL OF MINUTES None. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the agenda as amended: 1. Election and Machines 2. No Smoking 3. Commissioners Party 4. Kennard 5. Gervais - Keller 6. City Manager 7. McKnight Water 8. City Hall Seconded by Councilperson Wasiluk. E. CONSENT AGENDA Mayor Greavu moved, Seconded Consent Agenda, Items l thro 1. Accounts Payable. Ayes - all. - all, to approve the Approved the accounts (Part I - Fees, Services, Expenses Check Register dated 10 -30 -84 through 11 -02 -84 - $285,595.17; Part II - Payroll dated 11 -02 -84 - $60,700.69) in the amount of $345,295.86. 2. Budget Transfer - Hydrant Fund. Approved the following budget transfer to cover repairs on the three water booster stations: 03- 4910 -60 Contingency to 03- 4470 -60 Repair & Mtn. - $1830.00 Unappropriated Fund Balance to 03- 4470 -60 Repair & Mtn. - $4430.00 11/8 3. Budget Transfer - V.E.M. Fund Approved the following budget transfer: Contingency Account 96- 4910 -59 to Repair & Mtn. 96- 4420 -59 - $9,020.00 4• Budget Transfer - Street Maintenance Approved the following budget transfer: Signs & Signals Acct. 01- 4220 -52 to Fees for Services 01- 4480 -52 - $2110.00 5. Final Payment - 78 - 10 Resolution No. 84 - 11 - 164 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project No. 78 -10, Hillwood Drive /Dorland Road Improvements, and has let a construction contract, therefore, pur- suant 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 con- struction contract is hereby authorized. 6. Final Payment - 81 - 12 Resolution No. 84 - 11 - 165 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project No. 81 -12, Joint Holloway Avenue Improvements, 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 con- struction contract is hereby authorized. 7. Cancellation of Special Assessments - Ramsey County Resolution No. 84 - 11 - 166 RESOLVED that the special assessments for Project 78 -9 (Frost Avenue Improvements) together with - penalties and interest for the following properties be cancelled: (D /P No. 5312) D/P No. 5312 57 - 01610 - 030 - 25 57 - 01610 - 020 - 63 D/P No. 53¢3 57 - 01610 - 020 - 63 $32,385.60 13,348.68 $ 149.31 - 2 - 11 /8 E I IN 11 Budget Transfer - Police Approved the budget transfer from Police Service Account 01- 4420 -42 to Civil Service Account 01- 4480 -05 in the amount of $1,000.00 to cover the cost of Civil Service testing for new police officers. Budget Transfer - Emergency Services Approved the budget transfer of $1400.00 from City Hall Telephone System Allocation to Civil Defense Emergency Services Account 01- 4430 -12. Time Extension - Schwichtenberg Approved a one -year extension for the Schwichtenberg 2nd Addition preliminary plat subject to the original conditions. Renewal of Off -Sale Liquor Licenses for 1985. Resolution No. 84 - 11 - 167 RESOLVED, by the City Council of the City of Maplewood, Ramsey County, Minnesota, that the following Off -Sale Liquor Licenses having been previously duly issued by this Council, are hereby approved for renewal for one year, effective January 1, 1985, with approvals granted herein subject to satisfactory results of required Police, Fire and Health inspections: C & G Liquors 1347 Frost Avenue J & R Liquors 2730 Stillwater Road Laber Liquors 1730 Rice Street Maplewood 'Vine Cellar 1231 Frost Avenue Party Time Liquors 1740 Van Dyke Avenue Red Wagon Liquors 2290 Maplewood Drive Sarrack's International Wines & Spirits 2305 Stillwater Road Spark Liquors 3000 White Bear Avenue 12. Renewal of On -Sale Liquor Licenses for 1985. Resolution No. 84 - 11 - 168 RESOLVED, by the City Council of the City of Maplewood, Ramsey County, Minnesota, that the following On -Sale Liquor Licenses having been previously duly issued by this Council, are hereby approved for renewal for one year, effective January 1, 1985, with approval granted herein subject to satisfactory results of required Police, "Fire and Health inspections. Bali Hai Restaurant 2305 White Bear Avenue Chicone's Bar & Cafe, Inc. 2289 E. Minnehaha Keller Lake Clubhouse 2166 Maplewood Drive Bernard's 3035 White Bear Avenue - 3 - 11/8 Dean's, Inc. 1986 Rice Street Esteban's of Maplewood, Inc. 3069 White Bear Avenue Fox & Hounds 1734 Adolphus Garrity's 1696 White Bear Avenue Gulden's, Inc. 2999 N. Highway 61 Holiday Inn of Maplewood 1780 E. County Road D Hook 'n Ladder 2280 Maplewood Drive Hideaway 70 E. County Road B. Maplewood Moose Lodge #963 1946 English Street (Club License) 13. Rehearing of Mogren Landscaping IDR Resolution No. 84 - 11 - 169 WHEREAS, LeBistro Cafe 1146 -48 Maplewood Mall Maple Wheel Lounge 2220 White Bear Avenue Maplewood Bowl 1955 English Northernaire Motel, Inc. 2441 Highway 61 Red Lobster 2925 White Bear Avenue Red Rooster 2029 Woodlyn Town Crier 1829 North St. Paul Road Chuck E. Cheese's Pizza Time Theatre 2950 White Bear Avenue (Beer and Wine License) (a) Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial Development Act (the "Act ") gives municipali- ties the power to issue revenue bonds for the purpose of the en- couragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; (b) The City Council of the City of Maplewood (the "City ") has received from 2960 Associates, a general partnership to be organized under the laws of the State of Minnesota with Gerald C. Mogren, Robert C. Mogren and Lee Clintsman as general partners amd others to be named (the "Company ") a proposal that the City assist in financing a pvoject hereinafter described, through the issuance of its industrial revenue bonds (which may be in the form of a single debt instrument) (the "Bonds ") pursuant to the Act; (c) Before proceeding with consideration of the request of the Company it is necessary for the City to hold a public hearing on the proposal pursuant to Section 474.01, Subdivision 7b, Minnesota Statutes;' NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: - 4 - 11/8 1. A public hearing on the proposal of the Company will be held at the time and place set forth in the Notice of Hearing hereto attached. 2. The general nature of the proposal and an estimate of the principal amount of bonds to be issued to finance the proposal are described in the attached form of Notice of Hearing. 3. A draft copy of the proposed application to the Energy and Economic Development Authority, State of Minnesota, for approval of the project, together with proposed forms of all attachments and exhibits thereto, is on file in the office of the City Clerk. 4. The actions of the City Clerk is causing notice of the public hearing and in describing the general nature of the Project and estimating the principal amount of the Revenue Bonds to be issued to finance the Project and in preparing a draft of the proposed application to the Authority, for approval of the Project are in all respects ratified and confirmed. Adopted by the City Council of the City of Maplewood, Minnesota, this 8th day of November, 1984. ATTEST: City Clerk Mayor NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT Notice is hereby given that the City Council of the City of Maplewood, Minnesota, will meet at the City Hall in the City of Maplewood, Minnesota, at 7:20 P.M. on November 26, 1984, to consider the proposal of 2960 Associates, a Minnesota general partnership to be formed with Gerald C. Mogren, Robert C. Mogren and Lee Clintsman as general partners and others to be named (the "Company "), that the City assist in financing a project hereinafter described by the issuance of industrial development revenue bonds. Description of Project The proposed project shall consist of the acquisition of land and the construction and equipping thereon of an approximately 15,000 square,foot office building to be located on the East side of White Bear Avenue between Lydia Avenue and Beam Avenue directly North of the Maplewood East Shopping Center in Maplewood. The maximum aggregate estimated principal amount of bonds or other obli- gations to be issued to finance this project is $1,200,000. The project will be initially owned and operated by the Company and leased to Edina Realty. The bonds or other obligations if and when issued will not constitute a charge, lien or encumbrance upon any property of the City except the project and such bonds or obligations will not be a charge against the - 5 - 11(8 City's general credit or taxing powers but will be payable from sums to be paid by the Company pursuant to a revenue agreement. A draft copy of the proposed application to the Energy and Economic Development Authority, State of Minnesota, for approval of the project, together with all attachments and exhibits thereto, is available for public inspection from 9:00 a.m. to 5:00 p.m., Monday through Friday, at the City Hall in Maplewood, Minnesota. At the time and place fixed for the Public Hearing, the City Council of the City of Maplewood will give all persons who appear at the hearing an opportunity to express their views with respect to the proposal. (BY ORDER OF THE CITY COUNCIL) By /s/ Lucille Aurelius City Clerk 14. Health Care Maintenance Account Plan Approved the Health Care Maintenance Account Plan document as submitted for filing with the State Labor Department. I. NEW BUSINESS 1. Hearing Date: County Road B and Van Dyke a. Manager Evans presented the staff report, b. Mayor Greavu moved to concur with the Planning Commission and deny a unless a formal application is submitted, Seconded by Councilmember Maida 2. Building Permits Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Maida. Nay - Councilmember Wasiluk a. Director of Community Development Geoff Olson presented the staff report with the following recommendation: 1. Take no action in regard to exempting types of construction from a permit, on the basis that: a. The city if obligated to enforce the building code without modification. Ailowing an illegal exemption may create liability for the city and defeats the purpose of having a uniform code. 2. Exempting a minimal dollar valuation may allow structural changes to be made, even though minor, that should be in- spected. - 6 - 11 /8 c. Repair and minor remodeling will generally not effect property taxes. d. Permit fees for minor construction are minimal. e. A permit allows us to make sure the contractor is licensed. This is a protection for the homeowner. II. Revise the fee schedule to exempt a permit fee for the first or second layer of shingles, trim and siding, on the basis that the city does not make inspections for this work and, therefore, a fee is not justified. b. Councilmember Bastian moved to refer the report to the H.R.A. before taking any action. Seconded by Councilmember Anderson, Ayes - all. F. PUBLIC HEARINGS 1_ 7:10 P.M. Rezoning: 1717 -41 Edgerton a. Mayor Greavu convened the meeting for a public hearing regarding the proposal to rezone 1717 -1741 Edgerton from BC (Business - Commercial) to R-1 (single dwelling). b. Manager Evans presented the staff report. c. Commissioner Dennis Larson presented the Planning Commission report. d. Mayor Greavu called for proponents. None were heard, e. Mayor Greavu called for opponents. None were heard, f. Mayor Greavu closed the public hearing. g. Councilmember Maids introduced the 'following resolution and moved its adoption: 84 - 11 - 170 WHEREAS, the City of Maplewood initiated a rezoning from BC, business commercial to R -1, residence district (single dwelling) for the following - described property: Lots 1 through 6, Block 8, King's Addition to the City of St. Paul This property is also known as 1717, 1731, 1737 and 1741 Edgerton Street, Maplewood; WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by the City of Maplewood, pursuant to Chapter 36, Article VTT of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commission on October 15, 1984, The planning commission recommended to the city council that said rezoning be approved. - 7 - 11/8 3. The proposed change will serve the best interests and convenien- ces 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. Seconded by Councilmember Anderson. Ayes - all. I. NEW BUSINESS (Continued) 3. E. Mississippi Watershed Management Organization. a. Director of Public Wroks stated the Watershed Management Organization (WMO) in the southern part of town has been proceeding through the approval process. The State has requested some changes in the original proposal. 1. Change the name to the East Mississippi WMO. 2. Accept the existing boundary of the Ramsey Washington Metro Watershed District as the north boundary of the new WMO. 3• Accept the existing boundary of the Cottage Grove Ravine Watershed District as the east boundary of the new WMO. These changes to the original council approved agreement are of little consequence and are therefore recommended for approval. It should also be noted that the city council should designate two individuals to serve as members of the WMO Board. b. Councilmember Bastian introduced the following resolution and moved its adoption: 84 - 11 - 171 RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA 1. The new watershed management organization in southern Maplewood be named The East Mississippi Watershed Manage- ment Organization. 2. The existing Ramsey Washington Metro Watershed District boundary be accepted as the north boundary of the East Mississippi WMO. 3• The existing Cottage Grove Ravine Watershed District boundary be accepted as the east boundary of the East Mississippi WMO. Seconded by Councilmember Wasiluk. Ayes - all. F. PUBLIC HEARINGS (Continued) 2. 7:20 P.M. Conditional Use Permit - 1960 Clarence. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Mr. Elwood Lyng for a conditional use permit to expand the - 8 - 11/8 single dwelling use of property located in an area zoned for LBC, Limited Business Commercial, use at 1960 Clarence Street by con- structing a 24 x 26 foot residential garage. b. Manager Evans presented the staff report. C. Commissioner Dennis Larson presented the Planning Commission report. d. Mayor Greavu asked if anyone wished to be heard, for or against, the proposal. The following were heard: Mrs. Karen Mastel, 1960 Ide St. wishes the property to remain as LBC. The resident, Elwood Lyng, 1942 Ide St. asked questions: Mrs. Donna Funk, The Gladstone House, expressed her concerns if the property was rezoned. e. Mayor Greavu closed the public hearing. f. Councilmember Maida introduced the following resolution and moved its adoption: 84 - 11 - 172 WHEREAS, Elwood Lyng initiated a conditional use permit to expand the nonconforming single- dwelling use at the following- described property: Lots 4, 5 and 6, Block 11, Gladstone Addition, Section 15, Town- ship 29, Range 22 This property is also known as 1960 Clarence Street, Maplewood; WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was initiated by Elwood Lyng, pursuant to the Maplewood Code of Ordinances. 2. This conditional use permit was reviewed by the Maplewood Planning Commission on October 15, 1984. The planning commission recommended to the city council that said permit be approved. 3. The Maplewood City Council held a public hearing on November 8, 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 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 conditional use permit be approved on the basis of the following findings -of -fact: 1. The use is not in with the city's comprehensive plan but it is consistent with the purpose and standards of this chapter because construction of the requested garage would not discourage - 9 - 11/8 the conversion of this single - dwelling site to the planned commercial use. 2. The use would be located, designed, maintained and operated to be compatible with the character of that zoning district because the other structures in this zoning district are residential uses. 3• The establishment or maintenance of the use would not be detri- mental to the public health, safety or general welfare. 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. Seconded by Mayor Greavu. byes - Mayor Greavu, Councilmembers Anderson, Bastian and Maids. Nay - Councilmember Wasiluk g. Councilmember Bastian moved to postpone indefinitely the proposal to rezone the properties on.Ide Street. Seconded by Councilmember Wasiluk. Ayes - all. 3• 7:30 P.M., Variance - 743 North Century a. Mayor Greavu convened the meeting for a public hearing regarding the request of Raymond Muckala, owner of Tn "N" Out Market for a five -foot canopy setback variance. b. Manager Evans presented the staff report. - 10 - 11/8 c. The Community Design Review Board report was presented. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilmember Maida introduced the following resolution and moved its adoption: 84 - 11 - 173 WHEREAS, Raymond Muckala applied for a variance for the following- described property: Lots 15, 16 and 17, Block 1, Cahanes Addition This property is also known as 743 N. Century Avenue, Maplewood; WHEREAS, Section 36 -158 (n) of the Maplewood Code of Ordinances requires parking spaces to be located to the side or rear of the principal structure; WHEREAS, the applicant is proposing to retain the existing parking spaces in front of his store requiring a variance; WHEREAS, the procedural history of this variance is as follows: 1. This variance was applied for on September 10, 1984. 2. This variance was reviewed by the Maplewood Community Design Review Board on September 25, 1984. The board recommended to the city council that said variance be approved. 3. The Maplewood City Council held a public hearing on November 8, 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 MAPLEWOOD CITY COUNCIL that the above- described variance be approved on the basis of the following findings of fact: 1. The spirit and intent of the ordinance would be met since view of the pumps by the-attendant inside the building would be un- obstructed. 2. A hardship would be created since there is no other convenient place for the store customers to park. Approval is subject to: a. Striping of the parking spaces in front of the In "N" Out Market. - 11 - 11/8 b. Posting a "no parking" sign, painting the curb yellow or any other means acceptable to the city that would prohibit parking on the easterly side of the south half of the building. Seconded by Councilmember Anderson. Ayes - all. h. Councilmember Maida introduced the following resolution and moved its adoption: 84 - 11 - 173A WHEREAS, Raymond Muckala applied for a variance for the following- described property: Lots 15, 16 and 17, Block 1, Cahanes Addition This property is also known as 743 N. Century Avenue, Maplewood; WHEREAS, section 36 -158 (a) of the Maplewood Code of Ordinances requires that overhead canopies maintain at least a ten foot setback from public right - of way; WHEREAS, the applicant is proposing a five foot setback, requiring a variance of five feet; WHEREAS, the procedural history of this variance is as follows: 1. This variance was applied for on September 10, 1984• 2. This variance was reviewed by the Maplewood Community Design Review Board on September 25, 1984. The board recommended to the City Council that said variance be approved.. 3• The Maplewood City Council held a public hearing on November 8, 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 state- ments. 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 variance be approved on the basis of the following findings of fact: 1. A ten -foot setback would create a hardship of traffic circulation problems between the building and the cars at the pumps. 2. The spirit and intent of the ordinance would be met since the canopy would not look overly close to Century Avenue, due to the adjacent A and W canopy already being that close to the right -of- way. Seconded by Councilmember Anderson. Ayes - all. - 12 - 11 /8 G. AWARD OF BIDS None. H. UNFINISHED BUSINESS 1. Reconsideration: PUD Revision - Sterling Glen a. Councilmember Bastian moved to remove the item from the table for Council. F M4I Seconded by Councilmember Maida. Ayes - all. Following discussion, Councilmember Anderson moved to continue with the agenda. Seconded by Councilmember Bastian. Ayes - None. b. Councilmember Wasiluk moved to use permit for the Maple -Green a study and to also issue a mo um Seconded by Councilmember Anderson. Nays - All. the request to revise the conditional c. Councilmember Bastian moved to reconsider the Ayes - Mayor Greavu, Council- members Anderson, Bastian and Wasiluk. Nay - Councilmember Maida. motion. Seconded by Councilmember Anderson. Dyes - all. d. Councilmember Bastian moved to suspend the Rules of Procedures and discuss the matter at hand. Seconded by Councilmember Anderson. Ayes - all. e. Councilmember Anderson introduced the following resolution and moved its adoption: 8 - 11 - 174 WHEREAS, Castle Design and Development initiated a revision to the conditional use permit of the table Greens planned unit development at the following- described property: Block one and lots one through 26, Block two, Sterling Glen Addition, Section 25, Township 29, Range 22. - 13 - 11 /$ WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was initiated by Castle Design and Development, pursuant to the Maplewood Code of Ordinances. 2. This conditional use permit was reviewed by the Maplewood Plan- ning Commission on September 17, 1984. The planning commission rec- commended to the City Council that the permit be approved with con- ditions. 3. The Maplewood City Council held a public hearing on October 8, 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 statements. The council also considered reports and recommendations of the city staff and planning commission. Said action on approval or denial was tabled. 4. The Maplewood City Council voted to reconsider their action of the previous Council Meeting of October 8, 1984, and the City Council then discussed approval or denial of the revision to the conditional use permit of Maplegreens Planning and Development, taking into consideration all testimony, written statements, reports and recommendations of the City Staff and Planning Com- mission at the previous public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE MMLEWOOD CITY COUNCIL that the above described conditional use permit revision be denied 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 be detrimental to the public health, safety and general welfare. 3. The use as located, designed, maintained and operated is not compatable with the character of the zoning district. The zoning district in this particular area is single family homes. 4. The proposed use of apartment rentals is not compatable with the district. Apartment rentals adduced from testimony and evidence given at the hearing increase the density by way of population, and traffic control. The use would have a direct impact by way of density for the areas present lack of recreational area, parks, and schools. 5, The evidence presented at the hearings indicate that homes and townhouses in the area would depreciate in value. The Anoka City Report submitted by staff was created for purposes of the City of Anoka and not the City of Maplewood. The City of Maplewood's present demographic and population questions are different and separate from the City of Anoka, Evidence was presented by a substantial number of - 14 - 11 /8 property owners that the proposed revision would definately depreciate the surrounding property of property values. Said evidence was not contradicted by any other testimony. 6. The use would be hazardous, detrimental or disturbing to the present and potential surrounding land uses, due to the noises, glare, smoke, dust, odor, fumes, water pollution, water run -off, and vibration. The surrounding areas are established single family residential units: a. The area of the proposed revision has a high water table and the surrounding area of Beaver Lake presently has a water drainage problem. According to the testimony given at the public hearings the use would further constitute problems with respect to water run -off. In addition problems with respect to water pollution as to the proposed use would in- crease water run -off and water problems due to the area for proposed parking and increased surfaced areas. 7. Evidence was presented at the public hearings as a desire to pre- serve the openness of the single family residential area. The proposed plan for the revision of the conditional use permit lacks sufficient buffers and greenery to preserve the character of the residential area. The lack of a buffer of greenery and open space adversely affects the surrounding area due to the proposed use which increases density, noises, pollution, glare, water run -off and water pollution. 8. The use would generate increase in vehicular traffic on local streets and shall create traffic congestion, unsafe access or parking needs that will cause undue burden to the area porperties. Testimony de- rived at hearing indicated an increase of vehicular traffic on resi- dential streets and create unsafe conditions concerning the residen- tial character of the neighborhood. Evidence was presented at the hearings concerning the safety of the residential neighborhood children and their use of the residential streets. Evidence was also presented concerning ingress and egress to and from the proposed use with increased volumes on residential streets. 9. The present use of the subject property is properly serviced by essential public services such as streets, police, fire protection, utilities. 10. Proposed use would create excessive additional requirements at public cost for public facilities and services; and would be detrimental to the welfare of the city. The proposed use would require increase for utilities specifically water facilities and proper drainage. 11. The use would incorporate the site's natural and scenic features into the development design. No testimony was offered with respect to the preservation of the environment preservation of the area. Testimony was offered concerning the high water tables of the area which might have a direct influence on the water run -off from the proposed use and influencing pollution of the site's natural and scenic features. Seconded by Councilmember Wasiluk Ayes - ?kyor Greavu, Councilmembers Anderson, Bastian and Wasiluk. Nay - Councilmember Waida. -15, - 1118 f. Councilmember Bastian moved that Council initiate a of the land uses in the area of Stillwater. MCKnif'h ve consideration to calling a Seconded by Councilmember Anderson. Ayes - all. 2. Reconsideration: Appendix E a. Mr. Greg Schmidt, Castle Design and Development, spoke on behalf of repealing Appendix E. b. Fire Marshal Al Schadt and Assistant Fire Marshal Jim Embertson, explained the necessity of keeping Appendix E. c. No action taken. d. Councilmember Bastian moved that to adopt the policy that any amendments to the Building Code be studied by H.R.A. Seconded by Councilmember Wasiluk. Ayes - all. 3. Code Amendment: M -1 District a. Manager Evans presented the staff report. b. Councilmember Maida introduced the following ordinance and moved its adoption: ORDINANCE NO. 575 AN ORDINANCE REVISING AND UPDATING THE 11-1 DISTRICT THE MAPLEWOOD CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS: Section 1.: Division 9 is hereby amended as follows (additions are underlined and deletions are crossed out): DIVISION 9. 11 -1 LIGHT MANUFACTURING DISTRICT Sec. 36 -186. Permitted uses. The following uses are permitted in the M-1 District provided that, no use which is noxious or hazardous shall be permitted. (a) Any use listed as a permitted use in a BC Business and Commercial District, if the property is not designated for LSC Limited Service Com- mercial or RM Residential Medium density use on the city's comprehensive (b) Wholesale business establishments. (c) (El- Custom shop for making articles or products sold at Fetall on the premises. (d) �e� Plumbing, heating, air conditioning, glazing, painting, paper- -16 - 11/8 hanging, roofing, ventilating and electrical contractors, blacksmith shop, carpentry, soldering &Rd or welding shop. (e) � €� Printer's shop. (f) �g� Seaustepeial Place of amusement, recreation or assembly. (g) �h- Bottling establishment. (h) �i) Manufacturing, assembly or processing of: as- €e1lows. (I) Canvas and canvas products. (II) Clothing and other textile products;- (III) Electrical equipment, appliances and supplies, aaaaa €aet�lpe aed- aseexbiy- e €;- aet- iae }xdiagT except heavy electrical machinery. (IV) Food products, except meat, poultry aad or fish. (V) Jewelry, clocks or watches. (VI) Leather products3-ixeiediag-taggage-and-ehees- (VII) Medical, dental or drafting equipment, optical goods. (VIII) Musical instruments. (TX) Perfumes, pharmaceutical products, eeapexxdiag -e€ rubber products and synthetic treated fabrics, aet- iaelading gabber- ead- synthetie- g�eeeeeixg- (X) Small products from the following previously prepared materials: Cork, feathers, felt, fur, glass, hair, horn, paper, plastics or shells. (XI) Sporting goods. (XII) �Xi4 -Tool, dye and pattern making, aad or similar small machine shops. (XIII) �Xii� Wood products7- ixeiadiag- €upRitape- and- beHee- (i) E4� Carpet and rug cleaning. (j) �k� Laundry, dry cleaning or dyeing plant. (k) X14 Laboratory, research, experimental axid or testing. (1) (m) (n-) School (n) �9� Warehouse (o) Accessory use on the same lot with and customarily incidental to any of the above permitted uses, including an apartment for security purposes. -17 - 11/S (Code 1965, s 909.010; Ord. No. 395, 0 1, 5- 13 -76; Ord. No. 556, § 1. 12- 12 -83) Sec. 36 -187. Conditional uses. (a) The following uses are permitted in an M -1 District subsequent to approval of a conditional use'iDetmit: (1) Used car lot. (2) Yard for the use listed as a Commercial or comurehensive sale or distribution of ice, coal, fuel oil ar materials. Junk, salvage or wrecking ya rmitted use in a BC Business Commercial on the city- s (Q) Any use of the same character as a permitted use in Section 36 -186. (5) Trucking yard or terminal. (b) No building or exterior use, except parking, shall be erected, altered or conducted within two hundred feet of a residential district without a conditional use permit. Sec. 36 -188. Area and design requirements. (a) A complete plot plan showing the buildings and surrounding land areas of the entire project for any 141 -1 Light Manufacturing District must be submitted to the city council for approval. (b) A complete set of building plans and specifications, and waste disposal and water supply plans must accompany the plot plan. (c) The city council may submit these plans for consideration and recommendation to the planning commission.. (d) Area, design and setback requirements must be such as to establish a Light Tanufacturing District which will best serve the general welfare and benefit of the entire city. (Code 1965, S 909.030) Sec. 36 -189. Side and rear yard setbacks adjacent to residentially -zoned property. The minimum side and rear yard setbacks shall be fifty (50) feet and the minimum front yard setback shall be thirty (30) feet. a These minimum required setbacks shall be increased, not to exceed seventy -five (75) feet, subject to the most restrictive of the following requirements: (1) Building height: The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty -five (25) feet in height. - 18 - 1118 (2) Exterior wall area: Where an exterior wall faces a residentially zoned property, the wall setback shall be increased five (5) feet for each one thousand (1,000) square feet, or part thereof, in excess of two thousand (2,000) square feet. (Ord1No.529, 9 9, 11- 22 -82) See--36- 199.--- Sead�t�exie� -aae- EThe- €eliewiag -uses- ere -germ} tied- is- a -AI - } -Light -- Akaax €aetxr!ag- D�stpiet aubeequeat- te- aev} ew- aad- epgresei- e €- a- egeeiei- xee- ge�mita -) Sec. �6 -191 36 -190 -- 36 -200. Reserved. Section 2.: This ordinance shall take effect upon its passage and publication. Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu, Councilmembers Anderson, Maida and Wasiluk. Nay - Councilmember Bastian. I. NEW BUSINESS (Continued) 4. Lake Overflow a. Manager Evans presented the staff report. - 18A - 11/8 b. Councilmember Bastian introduced the following resolution and moved its adoption: 84 - 11 - 175 WHEREAS, surface waters originating within the cities of Falcon Heights, Little Canada, Maplewood, North St. Paul, Oakdale, Roseville, St. Paul, Vadnais Heights and White Bear Lake (Cities) flow into Beaver, Phalen, Como and McCarron's Lakes (Lakes); and WHEREAS, from time to time overflow waters from the Lakes enter into the metropolitan disposal system, using system (interceptor) capacity otherwise available for sanitary sewage; and WHEREAS, in determining sewage treatment charges, the Metropolitan Waste Control Commission (MWCC) includes such overflows when determining the proportion of the total volume of sewage discharged into the metropolitan disposal system allocable to each of the Cities; and WHEREAS, the Cities, Metropolitan Council and TWCC desire to establish an effective and efficient method of managing lake overflows; and WHEREAS, at the urging of the Metropolitan Council, the Mayors' Lake Overflow Task Force was established by the Cities in December 1981, to plan for effective management of the lake overflows; and WHEREAS, the Mayors' Lake Overflow Task Force in turn established the Lake Overflow Technical Advisory Committee, comprised of staff from the Cities, Metropolitan Council and MWCC, to evaluate alternatives for issues associated with the lake overflows; and WHEREAS, the Technical Advisory Committee did evaluate alternatives and developed a program for addressing the overflows from Beaver, Phalen, Como and McCarron's Lakes; and WHEREAS, the City of Maplewood supports the program developed by the Technical Advisory Committee, and desires that the program be implemented in an expeditious, cost - effective manner. NOW, THEREFORE, BE IT RESOLVED: 1_. That the City of Maplewood adopts the recommendations of the Technical Advisory Committee dated September 27, 1984. 2. That the City of Maplewood states that it will actively support the implementation of the solution to the lake overflow expressed in the recommendations dated September 27, 1984. Seconded by Councilmember Anderson. Ayes - all 5. Reqeust for Waiver of P.A.C. Charges (Ramsey County) a. Manager Evans presented staff report. b. Council took no action. -19 - 11 /$ c. Councilmember Bastian moved to invite Hal to attend any meetings that concern Ramse Seconded by Councilmember Wasiluk. Ayes - all. 6. Tax Increment District - Joseph Co. a. Manager Evans presented the staff report. County Commissioner b. Mrs. Mary Ippel, Briggs and Morgan, explained the allocation of increment tax financing district. c. Mr. Clyde Fish, Grant Realty, also spoke regarding the increment tax financing district and the proposed plan for the development. d. Council established a meeting with Bondings Consultant Mary Tppel to discuss tax increment financing on November 29, 1984, at 7:00 P.M. in the Conference Room. e. Council will meet with the architect to go over plans for the new city hall at 5:00 P.M., November 15, 1984, at City Hall. 7. Resignations: Planning Commission Civil Service Park and Recreation Commission a. Planning Commission: 1. Councilmember Bastian introduced the following resolutions and moved their adoption: 84 - 11 - 176 WHEREAS, Joseph Pellish has been a member of the Planning Commission of Maplewood, Minnesota, since February 26, 1976, and has served faithfully in that capacity to the present time; and WHEREAS, the planning commission recognizes his experience, leadership, and good judgment; and WHEREAS, he has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership, time and effort for the benefit of the city. NOW, THEREFORE, BE TT HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens, that Joseph Pellish is hereby extended our heartfelt gratitude and appreciation for his dedicated service and we wish him continued success in the future. Seconded by Mayor Greavu. b. Civil Service. Ayes - all. 1. Councilmember Bastian introduced the following resolution and moved its adoption: -20 - 1118 84 -11 -177 WHEREAS, William F. Mikiska has been a member of the Civil Service Com- mission of Maplewood, Minnesota, since September 6, 1979, and has served faithfully in that capacity to the present time; and WHEREAS, the Civil Service Commission recognizes his experience, leadership and good judgment; and WHEREAS, he has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership, time and effort for the benefit of the city. NOW, THEREFORE, BE IT HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens, that William F. Mikiska is hereby ex- tended out heartfelt gratitude and appreciation for his dedicated service and we wish him continued success in the future. Seconded by Mayor Greavu. Ayes - all. c. Park and Recreation Commission: 1. Councilmember Bastian introduced the following resolution and moved its adoption: 84 - 11 - 178 WHEREAS, Dean Sherburne has been a member of the Park and Recreation Commission of Maplewood, Minnesota, since February, 1979, and has served faithfully in that capacity to the present time; and WHEREAS, the Park and Recreation Commission recognizes his experience, leadership and good judgment; and WHEREAS, he has freely given of his time and energy, without compensa- tion, for the betterment of the City of Maplewood; and WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership, time and effort for the benefit of the city. NOW, THEREFORE, BE IT HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens, that Dean Sherburne is hereby ex- tended our heartfelt gratitpde and appreciation for his dedicated service and we wish him continued success in the future. Seconded by Mayor Greavu. Ayes - all. d. Councilmember Bastian requested the Maplewood Review and Focus to advertise for applicants to fill the vacancies on the various boards and commissions. Seconded by Mayor Greavu. Ayes - all, - 21 - 11/8 S. Natural Heritage Program ,mow a. Councilmember Ma.ida moved to remove Item I -8 from the Agenda. Seconded by Councilmember Anderson. Ayes - all. J. VISITOR PRESENTATIONS. None. K. COUNCIL PRESENTATIONS. 1. Elections and Machines a. Councilmember Wasiluk requested the matter of additional voting machines be placed on some future agenda. Precinct 8 has only 2 machines and should have more. b. Staff stated they are researching a new type of voting device. 2. No Smoking. a. Councilmember Wasiluk requested that the question of "No Smoking" at Council meetings be placed on the Agenda. 3. Commissioner's Party. a. Councilmember Anderson questioned the progress of the proposed party. b. Staff stated it will be held some time in January. 4. Gervais - Keller Lake a. Councilmember Bastian asked what is being constructed in the Gervais- Keller Lake. There are cranes at the site and a platform being built, b. Staff stated the construction is for the sewer interceptor. 5. City Manager a. Item deleted from Agenda. 6. McKnight Water a. Mayor Greavu questioned the progress of McKnight improvements. b. Staff will contact Ramsey County. L. ADMINISTRATIVE PRESENTATION - ,_None M. ADJOURNMENT. 10 :25 P.M. City Clerk 22 11 Est