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HomeMy WebLinkAbout12.09.85 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, December 09, 1985 Council Chambers, Municipal Building Meeting No. 85-27 A. CALL TO ORDER A regular meeting of the City Council was held in the Council Chambers, Municipal Building, and was called to order at 7:00 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present MaryLee Maida, Councilmember Present Charlotte Wasiluk, Councilmember Present C. APPROVAL OF MINUTES 1. Meeting No. 85-26 (November 25, 1985) Mayor Greavu moved to approve the Minutes of Meeting No. 85-26 (November 25, 1985) as submitted. Seconded by Councilmember Wasiluk. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the agenda as amended: 1. Procedures of Commission Appointments 2. Insurance COVerage 3. Used Car Lots 4. Recycling 5. Alarm System Charges Seconded by Councilmember Bastian. Ayes - all. E. CONSENT AGENDA Council removed Item E-3 to become Item I-6. Council tabled Item E-4 to the Meeting of December 23, 1985. Council removed Item E-8 to become Item I-5. '_i Council removed Item E-9 for sepaxate vote. Councilmember Bastian moved, seconded by Councilmember Anderson, Ayes - all, to approve the Consent Agenda Items 1, 2, 5, 6, 7, 10 and 11 as recommended. 1. Accounts Payable 'Approved the accounts (Part I - Fees, Services, Expenses, Check register dated November 25, 1985, through November 27, 1985 - $773,246.38: Part II, Payroll dated November 29, 1985, gross amount - $125,541.42) in the amount of $898,787.80 as submitted. 12/9 2. Interfund Transfers for Unassessed Utility Improvements. The following transfers were approved: FROM TO Special Assessment Fund: $ 78,100 W.A.C. Fund 1973 Bonds (#22) 71,700 Hydrant Fund 1977 Bonds (#25) 6,010 Hydrant Fund 1979 Bonds (#27) 2,050 Sewer Fund 1979 Bonds (#27) $157,860 TOTAL 3. Increases on License and Permit Fees and Service Charges Discussed under Item I-6. 4. Budget Change - L.O.G.I .S. Tabled to the Meeting of December 23, 1985. 5. Transfer to Close Project SO-5. Approved the transfer of the remaining balance in Project 80-5 to the Street Construction State Aid Fund. 6. Public Safety Dispatcher Approved the hiring of Scott Boyer as a probationary Public Safety Dispatcher effective January 6, 1986. 7. Final Plat: Cave's Cope Avenue Addition Approved the final plat of Cave's Cope Avenue Addition for four single and two double dwelling lots on south side of Cope Avenue, east of 1308 Cope. 8. Final Approval: Tax Exempt Financing - Silver Ridge Apartments - Discussed under Item I-5. 9. Budget Transfer: Lift Stations 6 and 8 Discussed after Item E-11. 10. Temporary Mobile Home Permit Time Extension 3 Approved a 90-day time extension to use a mobile home as a temporary residence at 1918 Kennard Street, with the option for renewal if needed, while the property owners' fire damaged dwelling is being reconstructed. 11. Final Plat: Crestview 3rd Addition Approved the Crestview 3'rd Addition final plat. - 2 - 12/09 9. Budget Transfer: Lift Stations 6 and 8 Mayor Greavu moved to approve the transfer of $40,120.00 to the capitol outlay budget (90-4680-50) from the sanitary sewer fund unreserved retained earnings to cover higher costs associated with the lift stations 6 and 8 renovation. Seconded by Councilmember Maida. Ayes - Mayor Greavu, Councilmembers Anderson, Maida and Wasiluk. Nay - Councilmember Bastian. F. PUBLIC HEARINGS 1. 7:00 P.M., Rezoning County Road D, East of White Bear Avenue (4 Votes) a. Mayor Greavu convened the meeting for a public hearing regarding the request for a zone change on the property on the south side of County Road D east of 1990 E. County Road D. b. Director of Community Development presented the Staff report. c. Commissioner Lorraine Fischer presented the Planning Commission recommendation. d. Mr. Clyde Fish, one of the developers, 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 - 12 - 190 WHEREAS, the City of Maplewood initiated a rezoning from F, farm resi- dential to SC, shopping center for the following-described property: 1. Unplatted lands: The south 100+ feet of the North 714.15 feet of the West 90.31 feet of the Northeast Quarter of Section 2, Township 29, Range 22; 2. Unplatted lands: The South 33.18 feet of the North 724.51 feet of the East 206 feet of the West 296.31 feet of the Northeast Ouarter of Section 2, Township 29, Range 22, subject to road; 3 3. Unplatted lands: The South 100 feet of the East 178.13 feet of the North ten acres of the East 20 acres of the North Half of the North- west Quarter of Section 2, Township 29, Range 22 in Ramsey County; This property is also known as the Plaza 3000 north annex, Maplewood; - 3 - 12/09 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 November 4, 1985. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on December 9, 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 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 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 changewill 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 facili- ties, such as public water, sewers, police and fire protection and schools. - 5. The proposed change would give properties that are presently - developed commercially the proper commercial zoning classification. Seconded by Councilmember Bastian. Ayes - all. i. Councilmember Anderson introduced the following resolution and moved its adoption: 85 - 12 - 191 d f. WHEREAS, Clyde Fish, Eldon Morrison and Eugene Wilson initiated a rezoning from F, farm residential to BC, business commercial for the following-described property: 1. Property legally described as: Commencing at the intersections of the North line of the Northwest Quarter of Section 2, Township • 29, Range 22 and the North-South half line of Section 2, Township 29, Range 22, thence southerly at a distance of thirty-three feet (33') to the beginning; thence westerly along the South line of County Road D, a distance of two hundred seventeen and two - 4 - 12/09 hundredths feet (217.02); thence southerly a distance of six hun- _ dyed fifteen and fifteen hundredths feet (615.15') to the N 89 degrees 32' 02" W line and then eastelry along the N 89 degrees 32' 02" W line a distance of two hundred twenty-one feet (221.00') to the North-South half line of Section 2, thence North a distance of six hundred fifteen and fifteen hundredths feet (615.15') to the beginning point. Subject to easements in favor of Northern States Power Company and American Oil Company. 2. Property legally described as: Commencing at the intersection of the North line of the Northwest Quarter of Section 2, Township 29, Range 22 and the North-South half line of Section 2, Township 29, Range 22, thence southerly, a distance. of 33 feet to the point of beginning; thence easterly along the southern line of County Road D a distance of ninety and thirty-one hundredths feet (90.31,') thence southerly along a line parallel to the North-South half line of Section 2, a distance of six hundred fifteen and fifteen - hundredths feet (615.15'); thence westerly along the N 89 degrees 36' 05" W line, a distance of ninety and thirty-one hundredths feet (90.31'); thence southerly along a line parallel to the North-South half line of Section 2, a distance of six hundred fifteen and fif- teen hundredths feet (615.15'); thence westerly along the N 89 degrees 36' 05" W line, a distance of ninety and thirty-one hun- dredths feet (90.31'); thence northerly along the North-South half line of Section 2, to the point of beginning. Subject to easements in favor of Northern States Power Company and American Oil Company. WHEREAS, the City of Maplewood initiated a rezoning from F, farm residential and SC, shopping center to BC, business commercial for the following described property: 1. Unplatted lands: The South 100+ feet of the North 10 acres of the East twenty acres of the North Half of the Northwest Quarter east of White Bear Avenue, except the East 360 feet; the South 10 acres of the East 20 acres of the North Half of the Northwest Quarter lying north of the North line of Woodlynn Avenue and East of White Bear Avenue, except the East 360 feet, in Ramsey County, Section 2, Town- ship 29, Range 22. 2. That part of the following-described parcel lying easterly of the westerly 379.35 feet thereof: That .part of the North 10 acres of the East 20 acres of theNorth Half of the Northwest Quarter of a Section 2, Township 29, Range 22, Ramsey County, Minnesota, de- scribed as follows: Beginning at the intersection of the Easterly right-of-way line of White Bear Avenue and the North line of the South 100 feet of said North 10 acres; thence easterly along said Northline of the South 100 feet, a distance of 309.40 feet; thence - 5 - 12/09 northerly at a right angle, 155.94 feet #~o a point on a line parallel with and distant 493.50 feet south of the North line of the Northwest Quarter of said Section 2, thencewesterly along said parallel line to the easterly right-of-way line of White Bear Avenue; thence southerly along said right-of-way line to the point of beginning. 3. Unplatted lands: The west 181.87 feet of the East 360 feet of the South 100 feet of the North 10 acres of the East 20 acres of the North Half of the Northwest Quarter; and the West 181.87 feet of the East 360 feet of the South 10 acres ofthe East 20 acres of that part north of the North line of Woodlynn Avenue in said half-quarter (subject to road and easements) in Ramsey County, Section 2, Township 29, Range 22. WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by Clyde Fish, Eldon Morrison and Eugene Wilson, pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commission on November 4, 1985. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a Aublic hearing on December 9, 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 on the basisof the following findings of fact: 1! The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 3 4. The proposed change would have no negative effect upon the logical, - efficient, and economical extension of public services and facili- ties, such as public water, sewers, police and fire protection and schools. 5. The proposed change would give properties that are presently developed commercially the proper commercial zoning classification and would eliminate multiple zoning classifications on some of these sites. Seconded by Councilmember Bastian. Ayes - all. - 6 - 12(09 2. 7:10 P.M., Conditional Use Permit County Road C (Northwestern Bell) a. Mayor Greavu convened the meeting for a public hearing regarding the request of NorthwestBell for approval of a conditional use permit to con- struct a telephone equipment building on the south side of County Road C _ east of Keller Parkway. b. Director of Community DevelopmentOlson presented the Staff report. c. Board Member George Rossbach presented the Community Design Review Board recommendation. d. Mr. Robert Dokken, representing Northwestern Bell, 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 Maida introduced thefollowing resolution and moved ita adoption: 85 - 12 - 192 - WHEREAS, Northwestern Bell Telephone Company initiated a conditional use permit to construct a 16 by 17 foot equipment building at the following- . described property: The East 40 feet of the North 100 feet of Lot 4, Block 1, Gonzales Addition. WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was initiated by Northwestern Bell, pursuant to the Maplewood Code of Ordinances. 2. This conditional use permit was reviewed by the Maplewood Planning Commission on October 21, 1985. The Planning Commission recommended to the City Council that said permit be approved. 3. The Maplewood City Council held a public hearing on December 9, 1985. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to `a be heard and present written statements. The Council also con- sidered 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 fol- lowing findings-of-fact: - 7 - 12/09 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 usq would not be detri- mental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character of that zoning district. 4. The use would not depreciate property values. 5. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to the noises, glare, smoke, dust, odor, fumes, water pollution, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 6. The use would generate only minimal vehicular traffic on local _ streets and shall not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area proper- ties. 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. Approval is subject to the following conditions: 1. Adherence to the site plan, dated September 30, 1985, unless a change is approved by the City's Community Design Review Board. 2. The applicant, or the property owner, shall apply for and obtain approval of the splitting and recombination of the lots. in the Gonzales Addition to create this site. Seconded by Councilmember Bastian. Ayes - all. 3. 7:20 P.M., Conditional Use Permit - 2280 Stillwater Road 3 a. Mayor Greavu convened the meeting for a public hearing regarding the request of Mrs. Virginia Jensen for a conditional use permit to operate a preschool at Beaver Lake Church, 2280 Stillwater Avenue. b. Director of Community Development Olson presented the Staff report. c. Commissioner Lorraine Fischer presented the Planning Commission recom- mendation. - 8 - 12/09 d. Mrs. Virginia Jensen, Director of Beaver Lake Preschool „ spoke. on behalff' 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 - 12 - 193 - WHEREAS, Beaver Lake Church initiated a conditional use permit to operate a preschool program at the following-described property: Parcel A, Registered Land Survey No. 21 together with Parcel A Registered Land Survey No. 137 This property is also known as 2280 Stillwater Avenue, Maplewood; WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was initiated by Beaver Lake Church, pursuant to the Maplewood Code of Ordinances. 2. This conditional use permit was reviewed by the Maplewood Planning Commission on November 18, 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 December 9, 1985. 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 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. This conditional-use permit was reviewed by the Maplewood Planning ',b Commission .on November 1S, 1985. The Planning Commission recommended to the City Council that said permit be approved. 3. The Maplewood City Council held a public hearing on December 9, 1985. 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. - 9 - 12/09 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 Councilmember Wasiluk. Ayes - all. i. Councilmember Anderson moved to authorize Beaver Lake Lutheran Church to offer a preschool program for one year, consisting of two sessions of twenty children each and if no unresolved nuisance conditions exist at the end of the year, Council may renew the permit. Seconded by Councilmember Wasiluk. Ayes - all. 4. 7:30 P.M., Code Amendment Smaller Single Dwelling Lots (2nd Reading) (4 Votes) a. Mayor Greavu convened the meeting for a public hearing regardingamending the zoning code for small lot single dwelling properties to: a. Reduce the minimum lot width requirement, and b. Increase the minimum side yard area for each lot. b. Director of Community Development Olson presented the Staff report. c. Commissioner Lorraine Fischer presented the Planning Commission recommenda- tion. i 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. - 10 - 12/09 - g. Mayor Greavu introduced the following ordinance and moved its adoption: ORDINANCE NO. 586 AN ORDINANCE REGARDING MINIMUM LOT WIDTHS FOR SMALL-LOT, SINGLE DWELLINGS Section 1. Sec. 36-85 (c) is amended to read as follows: (c) The minimum lot width in an R-2, residence district for: (1) Single dwellings shall be sixty (60) feet for interior lots and eight-five feet (S5) feet for corner lots. - (2) Double dwellings shall be eighty-five (85) feet for interior lots and one hundred (100) feet for corner lots. Section 2. Section 36-90. Side yards is amended to read as follows: Each lot in an R-2 residence district shall have two (2) side yards, one on each side of the building. Every single and double dwelling shall have a side yard width of not less than five (5) feet. For every single dwelling, with less than seventy-five (75) feet of lot width, the total of both side _ yards shall be at least fifteen (15) feet. The foregoing requirements for side yards shall be subject to the following modifications: 1. On a corner lot, the side yard on the street side of such corner lot shall have a width of not less than thirty (30) feet. 2. A church or public, parochial or private school shall have a side yard of not less than fifty (50) feet on each side adjoining other property. 3. When two (2) or more adjoining lots are used as a single building site, the side yard requirements shall apply only to the outside lot lines. Section 3. Sec. 36-6 Definitions is amended to add the following language: Lot Width: The distance at the building line between side property lines for interior lots and between a side property line and the opposite street right-of-way for corner lots. Section 4. This ordinance shall take effect upon its passage and publication. a Passed by the Maplewood City Council on December 9, 1985. 9ttest: Mayor City Clerk Seconded by Councilmember Anderson. Ayes - all - 11 - 12109 5. 7:40 P.M., P.U.D. Street and Alley Vacatyon and Preliminary Plat Cave's English Street Addition a. Mayor Greavu convened the meeting for a public hearing regarding the re- quest of Ed Cave and Sons, Inc., for (1) approval of a conditional use permit for a planned unit development of 23 single dwelling lots, including eight interior lots with less than 75 feet of width and a corner lot with less than 100 feet of width; (2) vacate existing alley and street rights of way; and (3) approve a preliminary plat. b. Director of Community Development Olson presented the Staff report. c. Commissioner Lorraine Fischer presented the Planning Commission recommenda- tion. d. Mr. Sam Cave, Ed Cave and Sons, Inc., 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 moved to approve the Cave's English Street Addition preliminary plat subject to: 1. Council approval of the planned unit development by the same name. 2. Submission of final grading, drainage and utility plans to the City Engineer. These plans shall be accompanied by the storm water pond- ing design calculations. The easement shall allow for one foot of - elevation above the 100-year ponding elevation. 3. If the ponding easement must be increased in area, all of the lots abutting it shall have at least 7500-square feet of area, outside of the easement. 4. Submission of a signed developer's agreement with the required surety, to the City Engineer for all required public street, pond- . ing and utility improvements. _ 5. Submission of a recordable quit-claim deed to the City Engineer prior to requesting final plat approval to convey a 30-foot wide storm sewer easement to the City, centered on the west line of proposed Lot One of Cave's Cope Avenue Addition, between Cope Avenue and the north line of this plat. If this easement is shown on the Cave's a Cope Avenue Addition and the final plat is recorded before final plat approval is requested for this proposal, a quit-claim deed will not be necessary. 6. Revise the proposed utility easement over Lots Twelve, Thirteen and Twenty-three to a 30-foot wide easement, centered on the proposed water main. The water main shall be constructed on a straight line between the tie-in in English Street and its connection with the proposed main in McAfee Circle. 7. Submission of signed agreements with Northern States Power and Bell - 12 - 12/09- Telephone priprtofinal plat approval,. 8. Recording the-underlying streetand alley vacations~~before the final plat is recorded. Seconded by CouncilmemberMaida. Ayes - all. Councilmember Andersoniritroduced-thefollowing resolutionandmovedits adoption; 85 - 12 - 194 WI-IEREAS, Ed Cave and Sons, Inc „ initiated a conditional use permit for a planned unit development of small-lot single dwelling lots, including interior and corner lot-width variances, at thefollowing described prgperty: Lots 21 and 33 inclusive,Block 4, Sabin Addition to Gladstone and adjoining vacated alley and street rights-of-way, lying south of the following described line: Commencing at the Northeast corner of Lot 1, Block 4, thence south 2S deg-. 3S min. west along the East line of said Lotl and its southerly extension 163.92 feet to thepoint of begin- ning of theline to be described; thence north S4 deg. 44 min. west 310.04 feet; thence north 89 deg, 52 min. west 225 feet to the West line of Lot 14, Block 4, and there terminating and All of Block 5, and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and Lot 27 all in Block 12, also all of Lots 10, 11, 12, 24, 25, and 26, except that part lying south of County Road, established by the Board of County Commis- sioners of Ramsey-County, Minnesota, in 125 Misc. 448, Block 12, Sabin Addition to RamseyCounty, Minnesota, and the-adjoining vacated streets and alleys; WHEREAS, theprocedural history of this conditional use permit is as fplloWSp 1. This conditional use permit was initiated by Ed Cave and Sons, Inc., pursuant to the-MaplewoodCode of Ordinances, 2. This conditional use permit was reviewed by the Maplewood Blanning Commission onNOVemberl8, 1985. ThePlanning Commission recommended to the City Council that said permit be approved. 3, The -Maplewood City Council held a public hearing on December 9, _ 1985. Notice thereof was published and mailed pursuant to law. All persons present at sand hearing were given an opportunity to be heard a and present written statements. The Council also considered reports and recommendations of theCity Staff and Planning Commission. WHERE~5, thevarances requested-in conjunction with this planned unit development are; • 1, An interior lot width variance of 15 €eet. Section 36-88 (c) re- quires a minimum lot width for interior 7500 square fogt lots of 75 feet. Sixty feetis proposed, - 13 - 12/09 2. A corner lot width variance of 15 feet. Section 36-88 (c) re- quires a minimum corner lot width for 7500 square foot lots of 100 feet. Eight-five feet is proposed. - NOW, THE BEFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above- described conditional use permit and variances be granted for Cave's English Street planned unit development, subject to the following conditions: 1. Compliance with the preliminary plat dated November 7, 1985, as required to be amended by Council. 2. The structure setbacks shall be as required in the R-2 double dwelling district. In addition, at least 15 feet of said yard area per lot shall be provided for all interior lots that have less than 75 feet of width. The structures on Lots 12 and 13 shall not encroach upon the 30 foot wide utility easement required along the common property line. 3. Lots 2 and 18 shall ]3e accessed only from McAfee Circle. Approval of the planned unit development is recommended 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 Chapter 36-348 of City Code. 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. There is no evidence that the use would 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. '.b 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. Approval of the lot width variances is recommended on the basis of the following findings of fact: - 14 - 12/09 1. Certain regulations contained in this chapter do not realistically apply to the proposed development because of the unique nature of the proposed development. 2. They would be consistent with the purposes of this chapter. 3. The pl:annd.duriit':development would produce a development of equal or superior quality to that which would result from strict adherence to the provisions of this chapter. 4. The variances would not constitute a threat of a substantive nature of the property values, safety, health or general welfare of the owners or occupants of adjacent or nearby land, nor be detrimental to the health, safety, morals or general welfare of the people. 5. The variances are required for reasonable and practicable physical .development and are not required solely on tliebasis of financial considerations. Seconded by Councilmember Maida. Ayes - all. j. Councilmember Anderson introduced the following resolution and moved its adoption: 85 - 12 - 195 WHEREAS, Ed Cave and Sons, Inc., initiated proceedings to vacate the public interest in the following described rights-of-way located in the Sabin Addition, Ramsey County: 1. Laurie and Lark Avenues from the east right-of-way line of English Street to the west line of the Burlington Northern Railroad right-df-way; 2. The alley rights-of-way in Block 5 and part of Block 12, lying north of County Road B; WHEREAS, the procedural history of these vacations is as follows: 1. A majority of the owners of property abutting said alley and . street rights-of-way have signed a petition for these vacations; 2. These vacations were reviewed by the Planning Commission on Novem- ber 18, 1985. The Planning Commission recommended to .the City Council that these vacations be approved. 3 3. The City Council held a public hearing on December 9, 1985, to consider these vacations. 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~state- ments. The Council also considered reports and recommendations of the City Staff and Planning Commission. - 15 - 12/09 - WHEREAS, upon vacation of the above-described alley and street rights- of-way, public interest in the property will accrue to thefollowing de- scribed abuttingpropertiesall in the Sabin Addition, Ramsey County: Lots 18 through 33, Block 4 Lots 1 through 30, Block 5 Lots 1 through 11 and 26 through 27, Block 12 NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that it is in the public interest to grant the above-described;. vacations on the basis of the following findings of fact: 1. The alley rights-of-way do not serve as a primary or secondary access to the adjoining property. 2. The adjoining properties are undeveloped and under one ownership, with general site access from County Road B and English Street. 3. Replatting of the site with a different street configuration, is necessary to eliminate the present substandard-sized platted lots. These vacations are subject to the retention of a utility easement over that portion of the north half of the Lark Avenue right-of-way that lies south and west of the following described line: beginning at the south- . west corner of Lot 18, Block 4; thence to a point nine feet south of the Southeast corner of Lot 20, Block 4 along the southerly extension of the East line of Lot 20, Block 4 to a point on the South line of the North half of the Lark Avenue right-of-way and there terminating, all in the Sabin Addition, Section 10, Township 29, Range 22, Ramsey County. Seconded by Councilmember Maida. Ayes - all. 6. 7:50 P.M., Plan Amendment and Rezoning McKnight Road (Daybridge Learning Center) a. Mayor Greavu convened the meeting for a public hearing regarding the request of Daybridge Learning Centers, Inc., for approval of a land use plan amendment from RM, residential medium denisty to LSC, limited service commercial and approval of a rezoning from F, farm residential and CO, com- mercial office to LBC, limited business commercial, the property on McKnight Road south of Lower Afton Road. b. Director of Community Development Olson presented the Staff report. c. Commissioner Lorraine Fischer presented the Planning Commission recommen- 'a dation. " d. Mr. Jack Vosler, Schnell and Madson, 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. - 16 - 12/09 h. Councilmember Bastian introduced the following resolution and moved its - adoption: 85 - 12 - 196 WHEREAS, Daybridge Learning Centers, Inc., initiated an amendment to the Maplewood Comprehensive Plan from RM, residential medium density to LSC, limited service commercial for the following-describedproperty: A 210 foot by 165 foot tract of land on theeast side of Mcxnight Road, approximately half way between lower Afton Road and Londin Lane. WHEREAS, the procedural history of this plan amendment is as follows: 1. The Maplewood Planning Commission held a public hearing on Decem- ber 2, 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. 2. The Maplewood City Council considered said plan amendment on Decem- ber 9, 1985. The Council considered reports and recommendations 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 that the LSC classification, along with the proposed day care use, would provide an excellent buffer between the existing single dwellings and the commercial property to the north. Seconded by Councilmember Maida. Ayes - all. i. Councilmember Bastian introduced the following resolution and moved its adoption: 85 - 12 - 197 WHEREAS, Daybridge Learning Centers, Inc., initiated a rezoning from F, farm residential to LBC, limited business commercial for the following-described property: - - The North207.00 feet of the South 657.00 feet of the East 210.00 feet of the West 250.88 feet of the Northwest 1/4 of Section 12, Township 28 North, Range 22 West of the 4th Principal Meridan. ..i WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by Daybridge Learning Centers, Inc., pursuant to Chapter 36, Article VII of the Maplewood Code of Ordi- nances. 2. This rezoning was reviewed by the Maplewood Planning Commission on ' December 2, 1985'. The Planning Commission recommended to the City Council that said rezoning be approved. - 17 - 12/09 3. The Maplewood City Council held a public hearing on December 9, 1955, 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 NIAPLEWOOD 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 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, such as public water, sewers, police and fire protection and schools. 5. The proposed change will create an excellent buffer between the existing single dwellings and the commercial land to the north. Seconded by Councilmember Maida. Ayes - all. G. AWARD OF BIDS 1. Disposal of Police Vehicles a. Councilmember Bastian moved that the highest bid be accepted for the four used police vehicles: Unit 419 1981 Ford LTD $ 211.00 Unit 422 1982 Ford LTD 400.00 Unit 423 1983 Dodge Diplomat 1,751.65 Unit 448 1977 Dodge Maxi-Van 502.00 Seconded by Councilmember Maida. Ayes - all. H. UNFINISHED BUSINESS a None. ~ I. NEW BUSINESS 1. Code Amendment CHG and LPG Facilities (1st Reading) a. Director of Community Development Olson presented the Staff report. b. Duane Williams, Assistant Fire Dlarshal, explained the need for such regu- lation. - 18 - 12/09 c. Commissioner Lorraine Fischer presented the Planning Commission recom- mendation. d. Mayor Greavu moved first reading of an ordinance classifying compressed natural gas and liquid petroleum gas dispensing facilities as a permitted use in the BC zoning district. Seconded by Councilmember Anderson. Ayes - all. e. Mayor Greavu moved first reading of an ordinance requiring annual inspec- tion and licensing of CNG and LPG facilities. Seconded by Councilmember Anderson. Ayes - all. 2. Cope Avenue, English Street, County Road B Storm Sewer a. Acting Manager Haider presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 85 - 12 - 198 WHEREAS, the City Council has proposed that the area described as: Cope Avenue and English Street south to County Road B and Birmingham Street and north to Gerten Pond be improved by construction of a trunk storm sewer system, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNE- SOTA, that the proposed improvement be referred to the City Engineer, who is hereby instructed to report to the Council with all convenient speed advising the Council in a preliminary way as towhether the proposed improvement is feasible and should best be made as proposed, and the estimated cost of the improvement as recommended. Seconded by Councilmember Maida. Ayes - Mayor Greavu, Councilmembers Anderson, Maida and Wasiluk. Nay - Councilmember Bastian. 3. City Council Rules of Procedures a. Councilmember Bastian presented several amendments to the Rules of Pro- cedures. b. The Rules of Procedures will be placed on the Agenda for the Meeting of December 23, 1985. 3 Councilmember Bastian moved to waive the Rules of Procedures to discuss Item I-5 at this time. Seconded by Councilmember Anderson. Ayes - all. 5. Final Approval Tax Exempt Financing - Silver Ridge Apartments a. Councilmembers~~Anderson and Wasiluk expressed their concerns regarding this type of financing for the development. - 19 - 12/09 b. Mary Ippel, Briggs and Morgan, Bonding Consultant, explained the bond- ing procedures. - c. Mayor Greavu moved to table this item until the meeting of December 23, 1985. Seconded by Councilmember Maida. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian, and Maida. Nay - Councilmember Wasiluk. 6. Increases on License and Permit Fees and Service Charges a. Mayor Greavu requested the annual alarm permit fee be waived for home owners. b. This matter to be discussed at a later meeting. c. Mayor Greavu introduced the following resolutionand moved its adoption: 85 - 12 - 199 BE IT RESOLVED, THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, establish the following fees effective January 1, 1985: Amuesment Park License $115.00 Bench Permit: First Bench 35.00 Each Additional Bench 20.00 Bingo License For One Night/Wk. for 52 Wks. 115.00 For Two Nights/Wk. for 52 Wks. 230.00 One Night 15.00 Christmas Tree Sales.: Regular 110.00 Non-Profit Organization 85.00 Cigarettes & Tobacco 30.00 Coin-Operated Amusement Devices: Per Location 115.00 Per Machine 30.00 Dog Kennels: First Time 30.00 Renewal 15.00 Gambling License 115.00 Golf Course 115.00 Motels: 1 - 15 Units 47.00 'a 16 - 35 73.00 36 - 100 114.00 Over 100 140.00 Restaurant and/or Bakery: Food Establishment 125.00 Catering Food Vehicle: First Vehicle, 65.00 Each Additional 30.00 Fleet License 175.00 - 20 - 12/09 Restaurant and/or Bakery Continued: Itinerant Food Establishment: - (Limit 7 Days) First Day 30.00 Each Additional Day 15.00 Non-Perishable Food Vehicle: First Vehicle 35.00 Each Additional 20.00 Fleet License 80.00 Potentially Hazardous Food Vehicle: First Vehicle 90.00 Each Additional 45.00 Fleet License 260.00 Special Food Handling Establishment 45.00 Tavern License 230.00 - Taxicab License: Base Charge 30.00 Each Driver 10.00 Theater License: Indoor 115.00 Outdoor 230.00 Contractor's License 62.00 LICENSES DUE JULY 1ST: 3.2 Beer License: On-Sale 100.00* Off-Sale 30.00* Temporary Food & Beer 15.00 - Day Used Car Dealer 230.00 LICENSES DUE AUGUST 1ST: Motor Vehicle Repair - 42.00 Service Station: - Eirst Pump 47.00 Each Additional Pump 7.00 Trailer Rental: First 5 Trailsers 15.00 Each Additional Trailer 5.00 LICENSES DUE NOVEMBER 1ST: Club Liquor License 300.00* On-Sale Liquor 4,460.00 Off-Sale Liquor 200.00* Sunday Liquor 200.00* Beer and Wine: i Seating up to 25 875.00 Each Additional 10 Seats 115.00 Maximum 2,320.00 License fee set by State Law - 21 - 12/9 MISCELLANEOUS SERVICE CHARGES: Commercial and Industrial Revenue Note/Bonds Base Charge of Bond Tssue) to Minimum 5,000.00 Maximum 20,000.00 Amount Paid With Application 1,000.00 Liquor License Investigation Fee 350.00 Block Party License 16.00 Carnival License 114.00 - Solicitor License: _ Base Per Company 62.00 Additional Per Solicitor 31.00 AuctioneerLicense: Annual 57.00 Daily 16.00 Pawn Shop ~ 57.00 - Pending Assessment Searches - 6.00 Police Accident Report Copies 5.00 Cat and Dog Licenses: Male 6.00 Female 6.00 Neutered/Spayed 3.00 Tax-Increment Financing Application Fee escrow) S,Q00,00 Building Relocation 114.00 Community Design ReviewBOard 62.00 Sewer Connection Permit (PerConnection): Residential Connection 31.00 Non-Residential Connection - 47.00 Moving Permit 62.00 Wrecking Permit 31.00 Driveway Permit 6.00 Property Owner List 31.00 + 3.60/name Mobile Home Permits 36.00 PUBLICATIONS (includes salestax) Zoning Code 6.00 Platting Code 3.00 Sign Code 2.50 Comprehensive Plan 10.00 Zoning Map 3.50 City Map 3.50 '.i Section Map ~ 3.50 Seconded by Councilmember Mada• Ayes - all. d. Mayor Greavu-moved -to-approve the-following policyfor tax-increment finan- cing requests for private dedelopmentsf Ahinitial cash escrow of $5000 shall be providedwthan application:If the-bonds-aresold, the cash escrow will be re- turned and theadministratyecosts paidfromthe b4ndproceeds.If the developer withdraws fromthedealbefore thebonds aresold~~the-cash flscrow will be re- turned less the administrative costs: If'administrative costs are incurred above$5000,-theapplicant shallincrease-thecash escrow amount to cover these costs. - 22 - 12/09 Seconded by Councilmember Maida. Ayes - all. e. Mayor Greavu moved first reading of an ordinance to increase the planning fees. Seconded by Councilmember Maida. Ayes - all. 4. City Manager Contract a. Councilmember Anderson expressed his concerns regarding the proposed City Manager Contract. b. Councilmember Bastian moved to table the Contract until it is discussed by the Council. Seconded by Councilmember Maida. Ayes - all. c. Council will meet on Thursday, December 12, 1985, at 5:00 P.M. to discuss the Contract. d. The following residents expressed their concerns regarding the Contract: Fran Juker, 1965 Barclay Street Don Wiegert, 2119 Duluth Place Les Axdahl, 2209 Payne Avenue George Rossbach, 1406 E. County Road C. °-°f.. COUNCIL PRESENTATION 1. Procedures of Commission Reappointments a. Councilmember Wasiluk questioned the procedures for appointments to Boards and Commissions. b. Commissions recommend the appointment to Council and Council appoints. J. VISITOR PRESENTATION 1. Mr. George Ashton, Edward Street a. Mr. Ashton stated the neighbor across the street pushes his snow on to his property and his neighbor's property. Is there some way the City can remove the snow from Edward Street since Edward Street is so narrow? b. Staff will handle. a a. 2. Insurance Coverage a. Councilmember Anderson referred to Staff the question of coverage for retired employees. 3. Used Car Lots Discussed previously. - 23 - 12/09 - 4. Recycling a. Councilmember Bastian stated he had received mail concerning recycling proposals. b. Referred to Staff. 5. Alarm Ordinance Discussed previously. L. ADMINISTRATIVE PRESENTATIONS None. M. ADJOURNMENT 9:56 P.M. City Clerk i