Loading...
HomeMy WebLinkAbout08.12.85 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, August 12, 1985 Council Chambers, Municipal Building Meeting No. 85-16 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building, and was called to order at 7:02 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present - Gary W. Bastian, Councilmember Present MaryLee Maida, Councilmember Present Charlotte Wasiluk, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes No. 85-10, Meeting May 30, 1985 Councilmember Anderson moved to approve the Minutes of Meeting No. 85-10 (May 30, 1985) as submitted. Seconded by Councilmember Bastian. Ayes - all. 'J. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: - 1. Junction Street - Otto Property 2. Frost Avenue - County Road Systems 3. Tree Ordinance 5. Upper Afton Road Seconded by Councilmember Bastian. Ayes - all. E. CONSENT AGENDA Council removed Item E-7 to become Item I-7. Councilmember Anderson moved, seconded by Councilmember Bastian, Ayes - all to approve the Consent Agenda Items 1 through 6 and 8 as recommended: ''.j 1. Accounts Payable ~ Approved the accounts (Part I - Fees, services, expenses, Check Register dated 07-25-85 through 08-02-85 - $521,247.74; Part II - Payroll Register dated 07-24-85 - gross amount - $129.,764.51) in the amount of $651,012.25. 8/12 2. Budget Change - Payroll Benefit Plan Adopted the following revised estimates as the formal budget for the Payroll Benefit Fund: Account Revenues: 3801 Interest on Investments $ 3,840 3833 Charges for Leave Benefits 406,500 3834 Charges for Retirement Benefits 405,930 3835 Charges for Insurance Benefits 279,080 Total Revenues $1,095,350 Expenditures 4031 Sick Pay. 119,630 4032 Holiday Pay 104,040 4033 Vacation Pay 218,450 4035 Injury Pay 4,280 4041 P.E.R.A. Contributions 240,460 4042 F.I.C.A. Contributions 115,010 4043 Deferred. Compensation 20,820 4051 Health-Life-Dental Insurance 154,560 4052 Long-Term Disability Insurance 17,590 4053 UnemploymentCompensation. 2,240 4054 Workers Compensation Insurance 87,520 Total Expenditures $1,084,600 Excess of Revenues Over Expenditures $ 10,750 3. Time Extension RollingHills Mobile Home Park Approved the renewal ofthe conditional use permit for Rolling Hills Mobile Home Park for one year. 4.. Time Extension : Cave's Century Additions 1. Approved a one-year time extension for the Cave's Century Addition planned unit development, on the basis that the applicant is making satisfactory progress in the phased development of this site: Approval is subject to the condition of the June 14, 1982 amendment to the PUD. 2. Approved a one-year time extension for the preliminary plat to be designated as Cave's Century 5th Addition, subject to the original a conditions, as amended on~JUne 14, 1982. 5. Time Extension Lutheran Church of Peace Approvedthe renewal of a special permit to operate a nursery school program with a maximum of forty children at Lutheran Church of Peace, 47 South Century .Avenue. - 2 - 8/12 6. Final Plat Cave's Lakewood Second Addition Approved the Cave's Lakewood Second Addition final plat for six single dwelling lots located east of Montana Avenue. 7. Gambling License (Denial) St. Paul Board of Realtors Discussed under I-7. 8. Community Block Grant Agreement Approved the Community Block Grant Agreement. E. PUBLIC HEARINGS 1. 7:00 P.M., Conditional Use Permit Cope and Atlantic a. Mayor Greavu convened the meeting for a public hearing the request of - - Dr. Bruce Haglund for a conditional use permit to'construct two office buildings within 350 feet of a R-1 single dwelling residential district. b. Manager Evans presented the Staff report. c. Board Member George Rossbach presented the Community Design Review Board recommendation. d. Commissioner Robert Cardinal presented the Planning Commission recommenda- tion. e. Mayor Greavu asked if the applicants were in attendance. No one appeared, f. Councilmember Anderson moved to table this item until applicants appear before the Council. Seconded by Councilmember Bastian. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Wasiluk Nay - Councilmember Maida 2. 7:10 P.M., Plat Revision and Variance - Tilsen's Maplewood Heights No. 13 a. Mayor Greavu convened the meeting for a public hearing regarding the request of Tilsen Homes, Inc., for the following: 1. A corner lot width variance of 30.4 feet to construct a single 'i dwelling on a 69.6 foot wide lot. 2. A ten-foot setback variance to build a single dwelling twenty feet from McKnight Road. 3. A revision of the final plat to include an additional ten feet of right of way for,MCKnight Road. b. Manager Evans presented the Staff report. - 3 - 8/12 c. Commissioner Robert Cardinal presented the Planning Commission Report. . d. Mr. James Tilsen, Tilsen Homes, spoke on behalf of the requests. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Councilmember Bastianmoved to approve the revision of the final plat of Tilsen's Maplewood Heights No. 13 Addition-to include an additional ten feet of right of way for McKnight Road. Seconded by Councilmember Maida. Ayes - all, i. Councilmember Bastian introduced the following resolution and moved its adoption: 85 - 8 - 121 WHEREAS, Tilsen Homes, Inc. applied for a variance for the following- described property: Lot Four, Robert Tilsen°s Maplewood Heights #13 WHEREAS, Section 30-8 (2) of the Maplewood Code of Ordinances requires single dwelling corner lots to have at least 100 feet of width; WHEREAS, the applicant is proposing 69.6 feet, requiring a variance of 30.4 feet; WHEREAS, Council previously approved a variance for 20.4 feet; WHEREAS, Section 36-71(1) requires the sideyard on the street side of a single dwelling lot to have at least thirty feet of width; WHEREAS, the applicant is proposing twenty feet, requiring a variance of ten feet; WHEREAS, the procedural history of this variance is as follows: 1. This variance was applied for on June. 24, 1985. 2. This variance was reviewed by the Maplewood Planning Commission on July 15, 1985. The Planning Commission recommended to the City Council that said variance be approved. a 3. The Maplewood City Council held a public hearing on August 12, 1985, 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. - 4 - 8/12 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. Strict enforcement would cause undue hardship because of circum- stances unique to this property because: a. The lot is already twenty feet less than the minimum required by code. Without a variance, the site would be unbuildable. b. Ramsey County is requiring an additional ten feet for the McKnight Road right-of-way, which would reduce the buildable width to 34.6 feet. c. This problem was not created by the landowner. d. These variances would not alter the essential character of the locality. 2. These variances would be in keeping with the spirit and intent of the ordinances, because: a. The existing house to the north has a setback less than the code requires. b. A house could be built on the lot that would not interfere - with sight lines at the corner or visibility from adjacent homes. Seconded by Councilmember Maida. Ayes - all. G. AWARD OF BIDS 1. Ripley Avenue Water Main a. Manager Evans presented the Staff report. b. Councilmember Anderson introduced the following resolution and moved its adoption: 85 - 8 - 122 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of T & S Excavating, Inc., in the amount of $35,715.45 is the lowest responsible bid for the construction of Ripley Avenue Water Main (west of Edgerton) City Project 85-04, and the Mayor and Clerk are hereby authorized ,i and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilmember Bastian. Ayes - all. 2. Street Overlay Program 'a. Manager Evans presented the Staff report. - 5 - 8/12 b. Councilmember Anderson moved first reading of an ordinance. amending the general parking requirements for commercial and multiple dwelling. Seconded by Councilmember Maida. Ayes - all. F. PUBLIC F3EARINGS (Continued) 3. 7:20 P.M., Variance or CDRB Appeal Century Ridge Apartments a. .Mayor Greavu convened the meeting for a public hearing regarding the request of Lexington Investment Company to appeal the CDRB condition that the developer meetall setback requirements and build a "T" design apart- ment building. The applicants are proposing a "Y"-design building that would requirea 55 foot setback variance. b. Manager Evans presented the Staff report. c. Board P4ember George Rossbach presented the Community Design Review Board recommendation. d. Mayor Greavu called for proponents. The following were heard: Gary Bailey, Lexington Investment Company Jim Rusiki, Lexington Investment Company. e. Mayor Greavu called for opponents. The followingwere heard: Chester Peters, 2681Mayer Lane Tony Bekavac, 48 Mayhill Road Rich Graniga, 70 Mayhill Road Neil Bartell, 2709 Mayer Lane f. Mayor Greavu closed the public hearing.. g. Councilmember Anderson moved to deny the appeal to the CDRB condition and to deny the variance as requested by Lexington Investment Company. Seconded by Mayor Greavu. Ayes - all. 4. 7:25 P.M., Tax Exempt Financing Century Ridge Apartments a. Mayor Greavu convenedthe meeting for a public hearing regarding }he request of Lexington Investment Company for preliminary approval of a $3.75 million tax exempt mortgage revenue bond program to construct an 81-unit rental housing com- plex and to amend the City's housing bond plan to include this financing program. a b. Manager Evans presented tfi'e Staff report. c. Mayor Greavu called for proponents. The following were heard: Gary Bailey, Lexington Investment Company - 6 - 8/12 d. Mayor Greavu called for opponents. The following were heard: Chester Peters, 2681 Mayer Lane TonyBecavac, 48 Mayhill Road e. Mayor Greavu closed the public hearing. f. Mayor Greavu moved to deny the request of Lexington Investment Company for tax exempt-revenuebonds to construct an 81-unit rental housing complex. Seconded by Councilmember Maida. Ayes - all. 5. 7:30 P.M., Preliminary Plat, Variance and Rezonings Soderberg Addition a. Mayor Greavu convened the meeting for a public hearing regarding the request of Lloyd Soderberg for the following: 1. Approval of a twenty-foot corner lot width variance and a fifteen-foot setback variance. 2. Preliminary plat approval for eight single dwelling lots. 3. Rezone the property from F., farm to R-1, single dwelling. b. Manager Evans presented the Staff report. c. Commissioner Robert Cardinal presented the Planning Commission recommendation. d. Mr. Lloyd Soderberg, the applicant, spoke on behalf of the proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavucalled for opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Councilmember Anderson moved to approve the Soderberg preliminary plat subject to completing the following before final plat approval: 1. Payment of deferred water assessment No. 76-16 plus interest. 2. Provide agreements with Northwestern Bell Telephone Company and N.S.P. for theextension of telephone, gas and electric service. Seconded by Councilmember Wasiluk. Ayes - all. 'i i. Councilmember Anderson introduced the following resolution and moved its adoption: 85 - 8 - 123 - WHEREAS,.Lloyd Soderberg applied for a variance for the following- ,described property: - 7 - 8/12 The West 310.00 feet of that part of the North Half of the South- west Quarter of Section 2, Township 29 North, Range 22 West, Ramsey County, Minnesota, lying south of Radatz Avenue, according to the United States Government Survey thereof. Thisproperty iSalso known as 1800 Radatz ~lyenue~ N~aplewood; WHEREZ{S, Sections 30,8(_~)(z)~and 36-71(1) of theMaplewood Code of Ordinancesregixiresa single dwelling corner lot to have at least 100 feet o£ width at thebuilding setback line from any street or road; and a 30-foot - setback i'rom a street right-of-way; WHERE~S~,.theapplicant isproposng an 80-Pilot wade lot and ;a 15-foot Setback for Lot 8, reguiring~ a variance of 20 feet and 15 feet respectively; WHEREAS, theprocedural history of this variance is as follows: 1. This variance was initiated on July 29, 1985. 2. This variance was reviewed by the Maplewood Planning Commission on August 5~ 1985, The Planning Commission recommended to the City Council that said variance be approved. 3, The Maplewood City Council held a public heating on August 12, 1985, to consider this variance. Notice thereof was published and mailed pursuant to law. A11 persons present at said hearing were given an opportunity to be-heard and present written statements. The Council alsoconsidered-reports and recommendations of the-City-Staff and Planning Commission, NOW', THERE~ORE~ BE ST RESOT,VED. BY THE MAPZEWOOD CITY' CpUNCZL that the abgve<~desoribed-variance be approved on the basis of the following findings o~ facto 1. This is a unique situation that would have no effect on surrounding properties and would not alter the essential character of the locality. 2, The intent of the code is to assure minimum setbacks on the same Street, Since thesurroundng properties are all permanent open Space~theintent oftheoode is met, 3. Strict enforcement of the code would result in the unnecessary loss ofa lot-and serve no public purpose. Secondedby CouncilmemberWasiluk, Ayes - all. 'j j, Councilmember-Anderson ihtroduced-thefollowing resolutdriand-moved its adoption: 85 - 8 - 124 WHEREAS, the.-City of Maplewood initiated a rezoning from F, farm residence ,to R^l, residence district (single dwelling) for the following-described property;- - 8 - 8/12 The West 310.00 feet of that part of the North Half of the Southwest Quarter of Section.2, Township 29 North, Range 22 West, Ramsey County, Minnesota, lying south of Radatz Avenue, according to the United States Government Survey thereof. 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 VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed. bythe Maplewood Planning Commission on August 5, 1985. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The-Maplewood City Council held a public hearing on August 12, 1985, 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 onthe 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 neigh- borhood, and that the use of the property adjacent to the area in- cluded 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, suchas public water, sewers, police and fire protection and schools.. Seconded by Councilmember Wasiluk. Ayes - all. H. UNFINISHED BUSINESS (Continued) 2. Tax-Exempt P4ortgage (Revenue Note Financing Criteria.) - a a. Manager Evans presented the Staff report. b. Mayor Greavu moved to establish the revenue note financing criteria as follows: 1. Annual fee: a. Full Bond Maturity - An annual fee payable on each anniversary of the bond issue of not less than one-eighth of one percent of - 9 - 8(12 the unpaid balanceand one-quarter of one percent of the - bond issue shall be paid at bond closing, subject to federal arbitrage restrictions. b. Prepayment of Bonds - The same as the full bond maturity re- quirement, except if all of the outstanding bonds are prepaid prior to final bond maturity, the developershall pay, at the time of such prepayment, a lump sum fee equal to the present value of the remaining annual fee payments from the date of prepayment to final bond maturity, subject to federal arbi- trage restrictions. 2. Lump sum fee: At bond closing,. a lump-sum fee shall be paid that is equivalent to the present value of the annual fee option. The present value must be determined by a qualified expert, acceptable to the City. Seconded by Councilmember Maida. Ayes - all. 3. Variance Edina Realty. a. Manager Evans presented the Staff report. b. Mr. Bob Snee, Edina Realty, spoke regarding the request. c. Councilmember Anderson introduced the following resolution and moved its adoption• 85 - 8 - 125 WHEREAS, EdinaRealty, Inc., apAlied'.for a variance for.-the..following- described property: That part of the Southeast Quarter of the Northwest Quarter, Section 2, Township 29, Range 22: Commencing at apoint on the Easterly right of way line of White Bear Avenue 731.5 feet Northerly of the Southerly line of said Southeast Quarter of the Northwest Quarter; thence East- erly and parallel with said Southerly line for a distance of 430 feet; thence Northerly at rightangles to said Southerly line a distance of 150 feet; thence Westerly onaline drawn parallel to said Southerly line of the Southeast Quarter of the Northwest Quarter, Section 2, Township 29, Range 22, to its point of intersection with the Easterly line of White Bear Avenue; thence southerly along said Easterly right of way line to point of beginning. WHEREAS, Section 36-27 of the Maplewood Code of Ordinances requires a i landscaped area of no less than twenty feet in width where a nonresidential use abuts residentially-zoned property; ~ WHEREAS, the applicant is proposing side yard parking lot setbacks of eleven feet, requiring a variance of nine feet, and a rear yard parking lot setback of ten feet, requiring a variance of ten feet; - 10 - 8/12 - _ WHEREAS, the procedural history of this variance is as follows: 1. This variance was applied for on November 2, 1984. - 2. This variance was reviewed by the Maplewood Community Design Review Board on .May 28, 1985. The Board recommended to the City Council that said variance be approved. 3. The Maplewood CityCouncil held a public hearing on August 12, 1985, 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. writtenstatements. The Council also considered reports and recommendations of the City Staff and Review Board. 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. Strict enforcement of the zoning code would cause an undue hard- ship unique to this property because: a. The property to the north and east, althoughzoned for E, farm residence-use, is planned for SC, service commercial use. b. There are no dwellings located near these property lines. c. The planned commercial development to the north and the exist- ing development to the south can have parking lots within five feet of this property. 2. The spirit and intent of the zoning code would be met because the proposed eleven foot setback to the southproperty line is wide enough to accommodate an adequate buffer to the adjacent park property. _ Approval is subject to: ~ - a. Increasing the amount of setback along the side and rear property lines if Council amends the proposed parking code amendment, b. The applicant providing a berm and landscaped screening along the common property line with the city park to the south. This berm and screening shall be similar to the berm behind the Maplewood East Shop- ping Center, and shall meet Section 36-27 of the City code. a c. Any additional landscaping elsewhere on the site shall be subject to the requirements of the Community Design Review Board, in considera- tion of the planned commercial land to the north and east. Seconded by Councilmember Bastian. Ayes - all. - 11 - 8/12 4. Plan Amendment Harmony School (Reconsideration) a. Counc:ilmember.Wasiluk moved to reconsider Council's action in denying the.plan amendment for the Harmony School proposal and place the item on the next agenda. Seconded by Councilmember Anderson. Ayes - all. I. NEW BUSINESS 1. Loading Zone - Gladstone School a.. Manager Evans presentedthe Staff report. b. Councilmember Bastian introduced the following resolution and moved its adoption: 85 - 8 - 126 BE IT RESOLVED BY THE MAPLEWOOD, MINNESOTA, CITY COUNCIL that Ramsey County is requestedto establish a "loading zone - 15 minutelimit, 8:45 A.M. - 2:00 P.M." on the north side ofFrost Avenue from Manton to Birmingham. Seconded by Councilmember Maida. Ayes - all. 2. Battle Creek Park Trails a. Manager Evans presented the Staff report. b. Mr. Larry Holmberg, Ramsey County Parks and Recreation Department,ex- plained the proposal. c. Councilmember Maida moved to approve the concept_to locate trails within the area east. of McKnight Road between Upper. and Lower Afton Roads in Battle Creek Regional Park, subject to the future presentation of a specific trail plan which would be reviewed against the City's bicycle routes/trai3s'p1an. Seconded by Councilmember Anderson. Ayes - all. 3. Battle Creek Park Land Acquisition a. Mr. Larry Holmberg, Ramsey County Parks and Recreation Department, stated Ramsey County isrequesting Council approval of acquisition of a 3,5 acre parcel on the south side of Upper Afton Road approximately one/fourth (1/4) mile east of McKnight Road. a b. Councilmember Maida moved to approve Ramsey County~s acquisition of the 3.5 acre tract of commercial land--south of Upper AftonROad for incorporation into the County's park system. Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu, Councilmembers Anderson, Maida and Wasiluk. Nay - Councilmember Bastian. - 12 - 8/12 4. C.D.R.B. Appeal Maple Ridge Apartments, Stillwater Road and Stillwater Avenue. a. Manager Evans presented the staff report. b. Mr. Douglas Dahms, the applicant, requested the Community Design Review Board's conditions regarding the drainage plan be changed. c. Mr. David Leuthe, representing Beaver Lake Church, spoke opposing any change in the drainage plan. d. Mrs. Judy Englebretson, representing her mother, Mrs. Albert Lepsche, also is opposed to any change. e. Mayor Greavu moved to deny the request £or appeal of the C.D.R.B, condition regarding the development's drainage plan. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Maida; and Wasiluk. Nay - Councilmember Bastian. 5. Century Center a. Manager Evans stated three tenantsfrom the Century Center appeared at the last Council meeting to complain about unfinished work and problems with the building. Staff will continue to work with the building owner and tenants to make sure the building is completed as quickly aspossible according to code. The tenants, however, must realize that they were allowed in the building be- fore completion as a service to them. All work will have to be complete or a surety provided before a final occupancy permit is issued. b. No action taken. 7. Gambling License - St. Paul Board of Realtors a. Manager Evans presented the Staff report. b. Several persons spoke on behalf of approving the license. c. Councilmember Bastian introduced the following resolution and moved its adoption: 85 - 8 - 127 -d WITNESSETH: ~ WHEREAS, the St. Paul Area Board of Realtors, Inc., has applied for a gambling license for gambling to be conducted at their building at 325 East Roselawn, City of Maplewood. WHEREAS, Section 15-47 of the Maplewood Code provides that a license be issued under this division only to a fraternal, religious and/or veterans" organization, or any corporation, trust or association organized for exclu- sively scientific,;literary, charitable, educational or artistic purposes, - 13 - 8/12 or any club which is organized and operated exclusively for pleasure or recreation, as distinct from profit-making purposes. Such organization will have been in existence in the City for at least three (3) years and shall have at least thirty (30) active members. WHEREAS, it appears that the aforesaid organization does not meet said criteria as specified in said Section 15-47. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD, that it finds that said St. Paul Area 'Board of Realtors, Inc.,and its application for a gambling license does not meet the requirements of the Maplewood Code and is therefore, denied. Seconded by Mayor Greavu. Ayes - all. Councilmember Maida moved to remove Item F-1 from the table for discussion. Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson, Maida and Wasiluk Nays - Mayor Greavu, Councilmember Bastian. F. PUBLIC HEARINGS (Continued) 1. 7:00 P.M., Conditional Use Permit Cope and Atlantic a. Mayor Greavu reopened the public hearing. b. A representative of Convesco Development Corporationapologized for being late for the public hearing. He had been delayed in traffic. c. Councilmember Maida introduced the following resolution and moved its adoption: 85 - 8 - 128 WHEREAS, Convesco Development Corporation initiated a conditional use permit to construct two office buildings within 350 feet of residentially-zoned land at the following-described property: That part of Block 13 and the vacated street and alley in said Blockl3, Clifton Addition, Ramsey County, Minnesota, described as follows: Beginningat the Southwest corner of Block 13, Clif- ton Addition; thence North Odegrees 44 minutes East along the East line of Atlantic Street a distance of 277.04 feet to the Southwesterly line of proposed street; thence South 60 degrees 46 minutes East along 'a said Southwesterly line a distance of 398.26 feet to the West line of the East 10 feet of Lot 7, Block 13, Clifton Addition; thence South 0 degrees 44 minutes West a distance of 82.53 feet to the south line of said Block 13; thence West 350 feet to the point of beginning. - 14 - 8/12 WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was initiated by Convesco Development Corporation, pursuant to the Maplewood Codeof Ordinances. 2. This conditional use permit was reviewed by the Maplewood Planning Commission on July 15, 1985. The Planning Commission recommended to the City Council that said permit be approved. 3. The Maplewood City Council held a public hearing on .August 12, 1985. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heardand present. written statements. The Council also considered reports and recommendationsof 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 follow- ing 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 usewould 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, schoolsand 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. 13 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. - 15 - 8/12 Approval of this conditional use permit for these two one-story buildings is subject to the following conditions: 1. Adherence to the site and landscaping plans, dated June 18, 1985, unless a change is approved by the City's Community Design Review Board. 2. Approval of the 8,000 square foot office building by the Community Design Review Board to assure compatibility of design with adjacent development. Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson, Maida and Wasiluk Nays - Mayor Greavu, Councilmember Bastian. I. NEW BUSINESS (Continued) - 6..Industrial Development Bonds a. Manager Evans stated to this point we~~have given our $2.3 million of our total allotment of $5.3 million. We have two basic options on the remainder as Letters of Intent are due the State by September 1. 1. We can submit a letter to the Department of Energy and Economics. The letter must state the intent to issue by the end of December and enclose a deposit in the amount of 1~ of the allocation ($30,000 in our case). At the present time, we have no applications before us. We then have until October 31 to withdraw our Letter of Intent and receive the l~ back. 2. The second option is to enter into a joint powers agreement as we -did with Roseville last year and give our remainder to another city. Attached are some of the requests that we have received. Your direction on which way to proceed is requested. b. Councilmember Bastian referred the matter to. the City Manager to enter into an agreement with communities that are members of Association of Metro- politan Municipalities. Seconded by Councilmember Anderson. Ayes - all. J. VISITOR PRESENTATION ' A 1. Mr. Tim Chrysler a. Mr. Chrysler, 2055 Bradley St., Apt. 206, questioned Council as to what action they were going to take regarding the problemparking at his apartment location. ~b. Council stated they had passed an ordinance requiring two (2) parking spaces per apartment unit. K. COUNCIL PRESENTATIONS 1. Junct~,on St. - Otto Property - 16 - 8/12 a. Councilmember Anderson asked if there was anything Council can do for Mr. Otto. b. Council directed Councilmember Anderson to indicate to Mr. Otto that there was nothing the City can do. 2. Frost Avenue a. Councilmember Anderson asked if another hearing would be requiredif the Frost Avenue improvement doesn't commence soon. b. Staff stated the improvement is still ordered and proceeding. 3. Tree Ordinance a. Councilmember Bastian requested Staff to research what other governmental units are doingregarding diseased tree removal programs. 4. Upper Afton Road a. Mayor Greavu questioned who is responsible for Upper Afton Road; the street is in bad condition. b. Staff statedthe City is responsible and will investigate. L. ADMINISTRATIVE PRESENTATION None. M. ADJOURNMENT 11:00 P.M. City Clerk 8 - 17 - 8/12