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HomeMy WebLinkAbout10.09.85 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Wednesday, October 9, 1985 East County Line Fire Dept. No. 2 Meeting 85-21 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held at the East County Line Fire Department No. 2 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 Charlotte Wasiluk, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes of Meeting No. 85-20 (September 23, 1985) Councilmember Anderson moved to approve the Minutes. of Meeting No. 85-20 (September 23, 1985) as submitted. Seconded by Councilmember Bastian. Ayes - a11. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Sterling Avenue 2. Voting Precincts 3. Certification of Election 4. First Meeting in November 5. Acting Manager Meeting 6. Suburban Rate Authority 7. M.L.C. Luncheon Seconded by Councilmember Maida. Ayes - all. E. CONSENT AGENDA Councilmember Anderson moved, seconded by Councilmember Wasiluk, Ayes - all, to approve the Consent Agenda, Items 1 through 5, as recommended. 1. Accounts Payable Approved the accounts (Part I - Fees, Services, Expenses - Check register dated September 25, 1985, through September 30, 1985 - $449,175.27: Part II - Payroll 'dated September 20, 1985'- $141,372.54 and October 4, 1985, $120,064.22) as recommended. 10/9 2. Budget Change - C.I.P, Fund Approved a $116,000.00 increase in the 1985 budgeted expenditures for the Capital Improvement Projects Fund to finance the purchase of a new dis- patching console. 3. Certification of Delinquent Sewer Bills Resolution 85 - 10 - 146 RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the attached list of delinquent sewer rental charges and hydrantcharges said list made a part herein, for certification against the tax levy ofsaid property owners for the Year 1985, collectible in 1986, and which listing includes interest at the rate of eight per cent (80) on the total amount of one year. Total amount to be certified: $55,799.34. 4. Home Occupation Renewal 2846 Maryland .'fShonka) Approved the renewal of the Conditional Use Permit for five years to operate a beauty shop as a home occupation at 2646 Maryland Avenue, subject to the ori- ginal conditions of approval. 5, Home Occupation Renewal 2060 Barclay (MOnette) Approved the renewal of the Conditional Use Permit for the tool repair home occupation at 2060 Barclay Street for five years. The applicant shall comply with the sign code by reducing the size of his sign, so not to exceed two square feet in area, as required by code. E-A. LIFESAVING AWARDS Mayor Greavu presentedLifesaving Awards to the following: Scott Singer Mary Martin Larry Bush Clare Cypull Gary Cypull Scott Singer, Mary Martin and Larry Bush were presented their awards for saving the life of Roger Singer when he suffered a severe heart attack, Gary and Clare Cypull were presented their awards for saving the life of William a Howard when he was rescued from drowning. F. PUBLIC HEARINGS 1. 7:00 P.M., 1986 Budget ,a. Mayor Greavu convened the meeting for a public hearing regarding the adoption of the 1986 Budget. - 2 - 10/9 - b. Finance Director Dan Faust presented the Staff report and explained the - specifics of the budget. c. Mayor Greavu called for proponents. None were heard. d. Mayor Greavu called for opponents. None were heard. e. Mayor Greavu closed the public hearing. f. Councilmember Anderson introduced the following resolution and moved its adoption: 85 - 10 - 149 RESOLUTION ADOPTING A BUDGET FOR 1986 BE IT RESOLVED BY THE CITY COUNCIL OF AIAPLEWOOD,.MINNESOTA, that the budget for 1986 is hereby adopted as outlined in the following summary: Capital Debt _ Operating Improvements Service Budget Budget Budget Estimated Balances 1-1-86 $ 3,658,027 $2,295,909 $5,627,539 Revenues 10,678,840 343,220 2,430,330 Net other increases (decreases) 78,783 863,506 ( 783,746) Expenditures 10,715,630 1,722,500 2,831,630 Estimated Balances 12-31-86 $3;700,020 $1,780,135 $4,442,493 BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the 1986 Operating Budget: General Fund: $ 769,000 General Government 225,950 Finance 196,730 City Clerk 3,219,040 Public Safety 1,104,450 Public Works 850,270 Community Services 317,090 Community Development - $ 6,682,530 General Fund Total Hydrant Charge.FUnd: f, 85,630 Public Works Sewer Fund: 156,990 City Clerk .2,224,010 Public Works V.E.M. Fund: 331,300 Public Works - 3 - 10/9 Payroll Benefits Fund: 1,205,170 General Government $ 10,715,630 Total Operating Budget Appropriations BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the 1985 Capital ImprovementsBudget: Capital Improvement Projects Fund: - $ 1,556,000 Construction of new City Hall Street Construction State Aid Fund: 150,000 Street overlay and sealcoating program 16,000 Traffic Signal and opticom installations $ 1,722,500 Total Capital Improvements Budget - Appropriation BE IT FURTHER RESOLVED that the following appropriations principal, interest and fiscal charges are hereby approved for the 1986 Debt Service Hudget: $ 200,270 Debt Service Funds 2,631,360 Special Assessment Fund - Debt Service Accounts $2,831,630 Total Debt Service Budget Appropriations BE IT FURTHER RESOLVED that authorization is hereby given to transfer-$167,602 of revenue sharing monies to the GeneralFUnd to partly finance the contracts be- tween the City and its three fire departments: Gladstone, Parksad~ and East County Line. BE IT FURTHER RESOLVED that the transfer of appropriations among the various accounts within a department budget or within a non-departmental expense category shall only require the approval of the City Manager, except that any transfer of appropriations within a departmental budget so as to increase the salary appropria- tion shall require the approval of the City Council. BE IT FURTHER RESOLVED that all appropriations which are. not encumbered or expended at the end of the fiscal year shall lapse and shall become a part of the unencumbered fund balance which may be appropriated for the next fiscal year except appropriations £or capital improvement Projects. which shall not lapse until the project is completed or cancelled by the City Council. Seconded by Councilmember Maida. Ayes - Mayor Greavu, Councilmembers Anderson, Maida, and Wasiluk Nay - Councilmember Bastian ' - 4 - 10/9 g. Councilmember Maida introduced the following resolution and moved its adoption: 85 - 10 - 150 RESOLUTION LEVYING TAXES. PAYABLE IN 1986 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, that: 1. The following amounts of taxes be levied in 1985, payable in 1986, upon the taxable property in said City of Maplewood, for the following purposes: General Operations $ 3,597,400 Capital Improvements 100,000 Debt Service 675,300 Total Levy $ 4,372,700 2. There is on hand in the following sinking funds excess amounts as indicated after each fund and such shallbe used to pay on the appropriate obligations of the City: Description 1967 General Obligation Sanitary Sewer Bonds $ 4,300 1967 GeneralObligation Improvement Bonds 17,000 1968 Improvement Bonds 11,000 - 1971 General Obligation Improvement Bonds 33,900 1972 General Obligation Improvement Bonds - Series 1 11,100 1972 General Obligation Improvement Bonds - Series 2 4,100 1973 Improvement Bonds 104,600 1977 Public Works Building Bonds 7,000 1977 General Obligation Improvement Bonds - Series 2 128,100 1979 General Obligation Improvement Bonds 15,000 1980 Fire Station Bonds 400 Total. $ 336,500 Inaccordance with Minnesota Statutes 475.61 and 273,13, Subd. 19 (3), (a), (b), (c) and Chapter 297a and Chapter 162 of Minnesota Statutes, the County Auditor of Ramsey County is hereby authorized and directed to reduce by the amounts above mentioned the tax that would be otherwzseincluded in the rolls for the Year 1985 and collectible in 1986. 3 3. It has been determined that the following bond issues have insufficient projected assets to meet projected liabilities, as required by State Statute, and the original resolution levying ad-valorem taxes must be increased in the following amount: - 5 ~ 10/9 Increase Description In Levy 1976 General Obligation Improvement Bonds $ 10,900 1977 General Obligation Improvement Bonds - Series 1 16,000 Total $ 36,900 4. Changes set forth in sections two(2) and three (3) above result in a net reduction of $299,600 in the scheduled levy of $974,900. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Maida, and Wasiluk Nay - Councilmember Bastian. 2. 7:10 P.M., Preliminary Plat Revision, Street Vacation and Rezoning Crestview:: 3rd Addition- a. Mayor Greavu convened the meeting for a public hearing regarding the request - of Marvin Anderson Construction Company for the following: 1. Revise the Crestview Third Addition preliminary plat to: a. Drop the requirement for a sidewalk along Mailand Road. b. Rename proposed "Marnie Street" and "Prescott Road" as "Highpoint Curve." c. Rename "Crestview Lane" and "Lakewood Drive" to "Marnie Curve." d. Revise the alignment of the trail required along the west ],ine of the Crestview Addition. b. Director of Community Development Geoff Olson presented the Staff report. c. The Planning Commission report was presented. d. Mr. Fred Haas, Marvin Anderson Construction Company, spoke on behalf of the request. - 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. 3 h. Councilmember Maida moved to approve the amendment to the November 1, 1979, conditions of the Crestview Third Addition preliminary plat, as follows and grant a one-year time extension for the portion to be developed as the second phase: ,1. A signed developer's agreement shall be submitted to the City Engineer to assure construction of the following items: a. All internal improvements, including the two drainage ponds - 6 - 10/9 - b. That part of the pond on the adjacent town house property to the west c. An outlet pipe from the southeast pond to the Mailand Road storm .sewer. d. A ten-foot wide asphalt path, (eight feet if no fencing) between Lot 12, Block 2 and Lot 1, Block 3. Fencingwill not be required if the trail is constructed prior to construction of the adjoining dwelling. e. A ten-foot wide asphalt trail (eight feet wide, if no fence and nine feet wide, if fenced on one side) along the west edge of the Williams Brothers pipeline easement and on the-walkway to be - dedicated west~of Lot 1, Block 5, Crestview Addition. Fencing will not be required along the west side of the trail if it is constructed before an abutting dwelling is constructed. Fencing will also not be required along the east side of the trail provided the owners of the single dwelling properties unanimously agree that fencing is not necessary. If fencing is installed, gates onto the trail from adjoining proper- . ties may be permitted, provided the property owner pays the cost of the gate. The type of fencing material shall be approved by the City Parks' Director. Written permission from Williams Brothers Pipeline shall be submitted to the Director of Community Development authorizing the trail on their easement. The applicant shall eliminate the depression in the trail corridor, north of Mailand Road, to the maximum extent permitted by Williams srothers Pipeline.' 2. Approval of final grading and drainage plan by the City Engineer. 3. Deed restrictions shall be approved by the City Attorney and filed with each of the double-Frontage lots, restricting drive access to the interior street. - 4. The applicant shall deed Outlots A and B (storm water ponds) to the City or revise these outlots by extending the rear yards of adjacent lots and showing drainage easements over the areas presently shown as Outlots A and B. 'b 5. The developer's .agreement-shall contain the erosion control procedures recommended by the soil conservation service in their report of March 26, 1979, except for Condition 1 on page 3. 6. Council vacation of the north three feet of the Mailand Road right-of-way. - 7 - -10/9 7. Renaming "Lakewood Drive" and "Crestview Lane" to "Marnie Curve." All of the street addresses shall be for a north/south street. 8. Renaming "Marnie Street" and "Prescott Road" to "Highpoint Curve." All of the street addresses shall be for a north/south street. 9. She City approves the temporary useof crushed limestone for the streets, until they can be paved in the Spring. The developer must sign an agree- ment that holdsthe City harmless from any liability caused by the use of crushed limestone, rather than paving. Seconded by Councilmember Anderson. Ayes - all. i. Councilmember Mada introduced-the following resolution and moved its adgptionq 85 ~ 10 ~ 147 WHEREAS, Marvin Anderson Construction Company initiated proceedings to vacate the public interest in the-north three feet of the Mailand Road right-of-way, lying in the Southeast 1/4 of the Northwest 1/4 of Section 12, Township 28, Range 22. WHEREAS, the procedural history of this vacation is as follows: 1, A majority of the owners of property abutting said street vacation have signeda petition for this vacation; 2, This vacation was reviewedby the Planning Commission on September 16, 1985, The Planning Commission recommended to the-City Council that this vacation be approved.. 3. The City Council held a public hearing on October 9, 1985, to consider this vacation, Notice thereof was published and mailed pursuant to law. All persons present at this hearing were givenan opportunity to be heard and present written statements. The-Council also consideredreports and recom- mendations of the-City Staff and Planning Commission, WHEREAS, uponvacationof theabove-describedstreetright-of~way, public interest in theproperty will accrue to the Southeast 1/4 of the Northwest 1/4 of Section 12, Township 28, Range 22, NOWT THEREFORE, BE IT RESOLVED BY THE MAFLEWOOD CITY COUNCSL that it is in thepublic interest to grant theabove~described vacation on tho basis that: 1, This right-of-waya~s six feet wider thah typical for a street a of this t ype. 2, Adequate boulevard area would remain for snow storage and utilities-. Seconded by CouncilmemberAnderson. Ayes - all. - 8 - 10/9 j. Councilmember Maida introduced the following resolution and moved its adoption: 85 - 10 - 148 - WHEREAS, the City of Maplewood initiated a rezoning from F, farm residence to R-1, residence district (single dwelling) for the following- . described property: The Southeast 1/4 of the Northeast 1/4 of Section 12, Township 28, Range 22, 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 by the Maplewood Planning Commission on September 16, 1985. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on October 9, 1985, to consider this rezoning. 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 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 rezoning be approved on the basis of the following findings of fact: 1. The proposed. change is consistent with the spirit, purpose and intent of the zoning code. - 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area includedin the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveni- ences 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 facili- :i ties, such as public water, sewers, police and fire protection and schools. Seconded by Councilmember Anderson. Ayes - all. - 9 - 10/9 3. 7:20 P.M., Variance 2314 Timber Trail (Smrdel) a. Mayor Greavu convened the meeting for a public hearing regarding the request of Joseph Smrdel, 2314 Timber Trail for approval of a 15-foot rear yard setback variance to allow the construction of a dwelling 35 feet from the east property line. - b. Director of Community Development Olson presented the Staff report. c. Commissioner Dave Whitcomb presented the Planning Commission report. d. Mr. Joseph Smrdel, the applicant, spoke on behalf of the proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Councilmember Anderson introduced the following resolution and moved its adoption: 85 - 10 - 151 WHEREAS, Joseph Smrdel applied for a variance for the following- . described property: Lot 8, Chesterwood Two Addition, Section 13, Township 28, Range 22, Ramsey County. This property is also known as 2314 Timber Trail, Maplewood; WHEREAS, Section 36-72 (a) of the Maplewood Code of Ordinances requires 20 percent of a lot's depth as a rear-yard setback or in this case 50 feet; WHEREAS, the applicant is proposing a rear-yard setback of 35 feet, requiring a variance of 15 feet; WHEREAS, the procedural history of this variance is as follows: 1. This variance was applied for on September 3, 1985. 2. This variance was reviewed by the Maplewood Planning Commission on September 16, 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 October 9, 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. - 10 - 10/9 NOW, THEREFORE, BE IT RESOLVED BY TAE MAPLEWOOD CITY COUNCIL that the - above-described variance be approved on the basis of the following findings of fact: 1. Strict enforcement of the code would cause an undue hardshipbecause: a. Requiring a percentage of lot depth for a rear-yard setback results in unrealistic requirements where lots, such as this, are significantly deeper than normal. b. The proposed setback is eight feet greater than the minimum required for standard-sized lots. c. The topography requires construction on this lot to be located closer than 50 feet to the east property line to efficiently use the site. d. Approval will not alter the essential character of the area. e. A variance was granted in 1981 to allow the dwelling at 2290 Timber Trail to be 40 feet from the rear property line. No other structures have been constructed along the east line of the sub- division. f. The plight of the applicant is due to circumstances unique to the property, not created by the applicant. - 2. Approval would be in keeping with the spirit and intent of the ordinance because: a. Thirty-five feet of rear-yard setback is adequate to insure that privacy can be maintained between the applicant and-the property to the east. b. This property has nearly three times as much yard area as a standard-sized lot. Seconded by Councilmember Wasiluk. Ayes - all. 4. 7:30 P.M., Street and Alley Vacations 531 E. Larpenteur Avenue a. Mayor Greavu convened the meeting for a public hearing regarding the request of Jay Jordahl, 531 E. Larpenteur Avenue, to vacate a portion of the Bradley Street and adjoining alley rights-of-way. b b. Director of Community Development presented the Staff report. c. Commissioner Dave Whitcomb presented the Planning Commission report. d. Barbara Jordahl, the applicant, spoke on behalf of the proposal. - 11 - 10/9 e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Councilmember Anderson introduced the following resolution and moved its adoption: 85 - 10 - 152 WHEREAS, Jay Jordahl initiated proceedings to vacate the public interest in the following described property: 1. The alley right-of-way in Block Six, King's Addition to the City of St. Paul that is located Southeast of the abandoned 50o Line railroad right-of-way. 2. That part of the Bradley Street right-of-way South of the abandoned SooLine right-of-way and 49.Sfeet North of the South line of Section 17, Township 29, Range 22. WHEREAS, the procedural history of this vacation is as follows: 1. A majority of the owners of property abutting said alley and. street right-of-way have signed a petition for this vacation; 2. This vacation was reviewed by the Planning Commission on Sep- tember 16, 1985. The Planning Commission recommended to the City Council that this vacation be approved. 3. The City Council held a public hearing on October 9; 1985, to consider this vacation. Notice thereof was published and mailed pursuant to law. All persons present at this 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. WHEREAS, upon vacation of the above-described alley and street rights- . of-way, public interest in the property will accrue to the following described abutting properties: li. Alley right-of-way: Lots Seven through Twelve, Block Six, King's Addition to the i City of St. Paul, Section 17, Township 29, Range 22. 2. Street right-of-way: Lots Five through Eight, Block Six, :and Lots Fifteen through 24, Block Seven, King's Addition to the City of St. Paul, Section 17, Township 29, Range 22.. - 12 - 10/9 NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that it is in - the public interest to grant the above-described vacation. Approval would be in the public interest because: 1. The alley right-of-way is not needed to access the adjoining property. 2. Vacation of this portion of Bradley Street wouldhave no effect - on the area's transportation needs. 3. Construction of this portion of Bradley Street would be cost- prohibitive. 4. Vacation of Bradley Street would eliminate unnecessary setback requirements, with which the adjoining dwellings do not comply. 5. Both adjoining property owners want Bradley Street vacated. 6. The North 6.5 feet of the South 49.5 feet of the Bradley Street right-of-way (measured from the centerline of Larpenteur Avenue) is retained for construction purposes and may be vacated after the upgrading of Larpenteur Avenue is completed. This vacation is subject to the retention of a construction easement over the North 6.5 feet of the South 49.5 feet of the Bradley Street right-of-way, as measured from the centerline of Larpenteur Avenue. Seconded by Councilmember Bastian. Ayes - all. G. AWARD OF BIDS None. H. UNFINISHED BUSINESS 1. Edward Street a. Acting Manager Haider presented the Staff report. b. Councilmember Maida moved to authorize Staff to construct "speed bumps" - on Edward Street as requested by petition signed by the area residents and have them brightly painted as to be seen. , Seconded by Councilmember Bastian. Ayes - Mayor Greavu, Councilmembers Bastian, Maida, and Wasiluk a Nay - Councilmember Anderson. F. PUBLIC HEARINGS (Continued) 5. 7:40 P.M., Conditional Use Permit 2727 E. Maryland (LaRQCque) •a. Mayor Greavu convened the meeting for a public hearing regarding the request of Karen LaRQCque, 2727 E. Maryland Avenue, for approval of a conditional use permit to operate a typing/word processing service as a home occupation, - 13 - 10/9 b. Director of Community Development Olson presented the Staff report. c. Commissioner Dave Whitcomb presented the Planning Commission report. d. Karen LaRocgue, the applicant, spoke on behalf of her request. 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 introducedthe following resolution and moved its adoption: 85 - 10 - 153 WHEREAS, Karen LaROCque initiated a conditional use permit at the following- described property: Lot Three, Block Three, Century East, together with common area, subject to easements. This property is also known as 2727 Maryland Avenue, Maplewood; WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was initiated by Karen LaROCque, pursuant to the Maplewood Code of Ordinances. 2. This conditional use permit was reviewed by the Maplewood Planning Commission on September 16, 1985. The Planning Commission recom- mended to the City Council that said permit be approved. 3. The Maplewood City Council held a public hearing on October 9, 1985. Notice thereof was published and mailed pursuant to law. All per- sons present at said hearing were given an opportunity to be heard and present written statements. The Councilalso considered reports and recommendations of the City Staff and Planning Commission. WHEREAS, this request conforms to the requirements for home occupations in Section 36-66 of City Code, as follows: 1. Not more than one person, other than members of the family residing on the premises, shall be allowed to engage in such occupation. F 2. An area equivalent to no more than twenty (20) percent of each level of the dwelling unit floor area :shall be used in the con- duct of a home occupation. ' - 14 - 10/9 3. There shall be no change in the outside appearance of the build- . ing or premises, that would indicate the conduct of a home occupa- tion, other than one sign meeting the requirements of the City sign code. 4. Limited retail sales of products produced off-site may be permitted, but only when subordinate to the principal activity of the home occupation. 5. No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neigh- - boyhood. The need for off-street parking shall not exceed more than three off-street parking spaces for home occupations at any given time, in addition to the parking spaces required by the resi- dent occupants. 6. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical inter- ference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be.usedi which creates visual or audible interference in any radio or tele- vision receivers off the premises, or caused fluctuations in line voltage off the premises. 7. No fire safety or health hazard shall exist. - 8. A home occupation shall not include the repair of internal combus- tion engines, body shops, machine shops, welding, ammunition manufacturing or other objectionable uses as determined by the City. Machine shops are defined as places where raw metalis fabricated, using machines that operate on more than one hundred twenty (120) volts of current. 9. Any violation of these requirements shall result in the denial or revocation of the home occupation. - 10. Approval shall be for a period not to exceed one year. Renewal shall be subject to the provisions of Chapter 17, Article II, of the City licensing code. NOW, THEREFORE, BE IT RESOLVED BY TAE 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 a 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. - 15 - 10/9 3. The use would be located, designed, maintained and operated to be compatible with th:e 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. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE MAPLEWOOD CITY COUNCIL may extend this permit beyond one year, upon request of the applicant, if there are no unresolved nuisance conditions and all home occupation code requirements are complied with. Seconded by Councilmember Wasiluk. Ayes - all. I. NEW BUSINESS 1. Southlawn Drive Feasibility (Project 85-17) a. Acting Manager Haider presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 85 - 10 - 154 WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare a report with reference to the improvement of South- `,a lawn Avenue from Beam Avenue to County Road D (City Project 85-17) by con- . struction of street and utilities, and WHEREAS, the said City Engineer has prepared the aforesaid report for the improvement herein described: - 16 - 10/9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The report of the City Engineer advising this Council that the proposed improvement on 5outhlawn Avenue from Beam Avenue. to County Road D by construction of street and utilities in feasible and should best be made as proposed, is hereby received. 2. The Council will consider the aforesaid improvement in accordance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement according to M.S.A. Chapter 429, at an estimated total cost of the improvement of $1,150,000.00. 3. A public hearing will be held in the Council Chambers of the City Hall at 1380 Frost Avenue on Monday, the 28th day of October, 1985, mailed and published notice of said hearing and improvement as re- quired by law. Seconded by Councilmember Anderson. Ayes - all. 2. Purchase of Hazelwood Park Property - a. Director of Community Development Olson presented the Staff report. b. Park and Recreation Director presented the specifics of the proposal. c. Commissioner Dave Whitcomb presented the Planning Commission recommenda- tion. d. Councilmember Anderson moved to approve the acquisition of 8.17 acres as an expansion of North Hazelwood Park and authorize that payment foY the property be out of the P.A.C. funds. Seconded by Councilmember Wasiluk. Ayes - all. e. Councilmember Anderson introduced the following resolution and moved its adoption: 85 - 10 - 155 WHEREAS, the City of Maplewood initiated an amendment to the Maplewood Comprehensive Plan from residential low density to park for the property north of County Road C and west of Gem Street. `.i WHEREAS, the prpcedural hkstory of this plan amendment is as follows: 1. The Maplewood Planning Commission held a public hearing on October 7, 1985, to consider this plan amendment. 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 Planning Commission recommended to the City-Council that said plan amendment be approved. - 17 - 10/9 2. The Maplewood City Council considered said plan amendment on October 9, 1985. The Council considered reports and recommenda- tions from the Planning Commission and City Staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above-described plan amendment be approved on the basis of the following findings of fact: 1. The Parks Commission has determined a need for additional park land in this area. 2. Existing facilities have been lost with the sale of school properties. 3. Owners of leased facilities are requesting compensation. 4. Availability of leased facilities in the future is uncertain. Seconded by Councilmember Wasiluk. Ayes - all. F. PUBLIC HEARINGS (Continued) 6. 7:50 P.M., Alley Vacation 2326 E. County Road D a. Mayor Greavu convened the meeting for a public hearing regarding the request of Norman Meyer, 2326 E. County Road D, for approval to vacate an unimproved alley right of way between County Road D and Gall Avenue except for the south 36 feet. b. Director of Community Development Olson presented the Staff report. c. Norman Meyer, the applicant, spoke on behalf of the alley vacation. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for oppoments. 'None were heard. f. Mayor Greavu closed the public hearing. g. Councilmember Maida introduced the following resolution and moved its adoption: 85 - 10 - 156 WHEREAS, Norman Meyer initiated proceedings to vacate the public interest in the alley right-of-way lying South of County Road D and North of a line that is parallel to and 36 feet North of the South line of the following- described parcel: 3 The West 121 85/100 ft. MOL of East 639 ft. of North 330 45/100 ft. of NW 1/4 of NW 1/4 of Section 1, Township 29, Range 22, subject to road easements (property tax code number: 57-00110-060-25). - 18 - 10/9 WHEREAS, theprocedural hstorX o£ this vacation is as follows: 1, A majority oftheowners of property abutting said alley right-of-way have signed a petitionforths vacation; 2. This vacation was reViewedby thePlanning Commission on September 16, 1985. TheHlanning Commission recommended to the City Council that this Vacation-beapproved. 3. TheCty Council held a public hearing on October 9, 1985, to consider this Vacation, Notice thereof was published and mailed pursuant to law. All persons present at this hearing were given an opportunity to be heard and present writtenstatements. TheCouncil also considered reports and recommendations oftheCity Staff and Planning Commission. WHEREAS, upon Vacationof the above-described alley right-of-way, public interest in theproperty will accrue to thefollowing described abutting property; 1. Subject-to Ga11.Avenue,.pverthe-South 3,5 feet and subject to County Road C, theWest121.85 feet MOL of the East 639 feet of the North 330.45 feet of the NLP 1/4 of the NW l/4 of Section 1, Township 29, - Range 22, Ramsey County, Minnesota. 2. Subject to Gall Avenue over theSouth 3.5 feet and County Road D, the West 395.4 feet of the East 1654,4 feet of the North 330.45 feet of theNW 1/4 oftheNW 1/4 of Section 1, Townshp29, Range 22, Ramsey - County, Minnesota. NQWy THEREFORE, BE ST RESOLVED Bg THE MAPLEWOOD CITY COUNCIL, thatt is in thepublic interest to grant theabove-described vacation on the basis that this right~of-way is not needed to provide access to either of the adjoining properties and, therefore,it.would be in thepublic interest to vacate it. This Vacation is subject to theretention of a utility easement over the East ten feet of the vacated right=of-way. Seconded by Councilmember Anderson. Ayes - all. S. NEW BUSINESS (Continued) 3, Comprehensive Plan Update a. Director of Community Development Olsonpresented theStaff report. -,8 b. Council directed the Directorof Community Development Olson to prepare a draft of the Comprehensive Plan update. 4. Marketing Agreement forExisting City Hall a. Acting Manager Haider presented-the Staff report. - 19 - 10/9 b. Council directed the Acting Manager to obtain an appraisal of the building. J. VISITOR PRESENTATIONS None. K. COUNCIL PRESENTATIONS 1. Sterling Street a. Councilmember Anderson stated he felt Sterling Street should be reopened as soon as possible. b. Acting Manager Haider stated the reopening was scheduled. 2. Voting Precincts a. Councilmember Anderson stated that in Precincts 3 and 5, the election judges have been located in the garage portion of the fire departments and have been subjected to fumes from the vehicles. He questioned if they could be located elsewhere. b. Director of Public Safety Ken Collins will contact the Chief of the Department. L. ADMINISTRATIVE PRESENTATIONS 1. Canvass of Election a. Mayor Greavu introduced the following resolution and moved its adoption: 85 - 10 - 157 RESOLVED THAT THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, acting as a canvassing board on October 9, 1985, hereby certifies the following results of the October 8, 1985, City Special Primary Election for one (1) Councilmember: Councilmembers (Two Nominated) Audrey M. Duellman 243 Dennis J. Larson 185 Charlotte Wasiluk 402 Fran Juker 1 Roger Singer 1 a Seconded by Councilmember Anderson. Ayes - all. 2. First Meeting in November a. Acting Manager Ken Haider stated the first meeting in November is scheduled for November 11, 1985, which is a holiday. - 20 - 10/9 b. Mayor Greavu moved to hold the first meeting of November on November 6, 1985 at 7:00 P.M. in the Council Chambers, Municipal Building. Seconded by Councilmember Bastian. Ayes - all. 3. Acting Manager Meeting a. Acting Manager Haider requested a meeting with the Council to define his duties. b. Council established a meeting October 18, 1985, Friday, 4:30 P.M. at City Hall. 4. Suburban Rate Authority a. Acting Manager Haider informed the Council of the Suburban Rate Authority meeting. 5. M.L.C. Meeting a. Acting Manager Haider stated the East Regional Meeting of the M.L.C. will be November 12, 1985, at 7:45 A.M. at McGUires. M. ADJOURNMENT 8:40 P.M. City Clerk 1 - 21 - 10/9