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HomeMy WebLinkAbout05.11.87 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, May 11, 1987 Council Chambers, Municipal Building Meeting No. 87 - 10 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 7:03 P.M. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present Charlotte Wasiluk, Councilmember Present C. APPROVAL OF MINUTES 1. Meeting No. 87-07 (April 13, 1987) Councilmember Juker moved to approve the Minutes of Meeting No. 87-07 (April 13 1987) as submitted. Seconded by Councilmember Wasiluk. Ayes - all. 2. Meeting No. 87-08 (April 20, 1987) Councilmember Wasiluk moved to approve the Minutes of Meeting No. 87-08 (April 20 1987) as submitted. Seconded by Councilmember Juker. Ayes - all. D. APPROVAL OF AGENDA Councilmember Anderson moved to approve the Agenda as amended: 1. Woodbury 2. Remove Item I-4 3. Add Item I-8 - Authorization to fill vacancy of City Treasurer. Seconded by Mayor Greavu. Ayes - all. E. CONSENT AGENDA Councilmember Anderson moved, .seconded by Councilmember Bastian Ayes - all to approve the Consent Agenda as recommended: 1. Accounts Payable Approved the accounts (Part I - Fees, Services, Expense Check register dated April 30, 1987 thru May 1, 1987 - $885,513.41 Part II, Payroll - dated May 1, 1987 gross amount - $147,265.88) as submitted. 5/11 .E 2. Disposal of Old Financial Records 1978 - 1980 Resolution No. 87 - S - 78 WHEREAS, M.S.A. 138.17 governs the destruction of City records; and WHEREAS, a list of records has been presented to the Council with a request in writing that destruction be approved by the Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNE- SOTA: i 1. That the Finance Director is hereby directed to apply to the Minnesota State Historical Society for an order authorizing destruction of the records as described in the attached list. 2. That upon approval by the State of the attached application, the Finance Director is hereby authorized and directed to destroy the records listed. 3. Budget Changes - 1987 Labor Settlements Council authorized the appropriate budget adjustments to finance the pre- viously approved 1987 wage and benefit increases and that they be financed by transfers from the contingency accounts within the following funds: $163,550 - General Fund 390 - Hydrant Charge Fund 7,860 - Sewer Fund 3,040 - V.E.M. Fund 4. Time Extension - Preliminary Plat - Huntington Hills Approved a one year time extension for the undeveloped portion of the Huntington Hills preliminary plat, now referred to as Outlot A. 5. Time Extension - Bonanza Restaurant Renewal of the conditional use permit for one year for the Bonanza Family Restaurant located at the southeast corner of Beam and Southlawn, subject to the original conditions. 6. Time Extension - Southwinds of Maplewood 2nd Addition _ Approve a one year time extension for the Southwinds of Maplewood Second Addition. 7. P.A.C. Funds - Cancellation and Addition Authorized the return of $4,140 from Account 11-4720-372-94 to Commercial Account 94 due to completion of projects. - 2 - 5/11 Authorized the expenditure of $16,500 from the Kohlman Lake neighborhood fund for improvements to Kohlman Park including: parking lot, trail, infill, backstop, and trees. 8. Transfer of Funds Authorize revisions in the Budget as follows: Girl's Softball (01-287-63) Revenue from $1500 to $5000 Expenditures from $3300 to $5570 Boy's Softball (Oi-290-63) Revenue from 0 to $1380 Expenditures from $450 to $1530 F. PUBLIC HEARINGS 1. 7:00 P.M., Assessment Hearing, Project 86-03 A & B - District No. 6 Water Tower a. Mayor Greavu convened the meeting for a public hearing regarding the adoption of the proposed assessment roll for District No. 6 Water Tower- Project 86-03 A & B. b. City Manager Michael McGuire presented the Staff report. c. Assistnt City Engineer Chuck Ahl presented the specifics of the proposed assessment roll. d. City Attorney John Bannigan explained the procedures of the assessment hearings. He further stated the 30 day interest free payment period and the appeal period begins at the time of the adoption of the assessment roll. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. Assistant City Engineer Ahl presented the following who filed written objections: Harry Zacho Thomas R. Tacheny & Elizabeth A. Tacheny Kathleen Peterson, 1085 Mary Street Luther J. Haase, 2512 E. Minnehaha R. Edward & Irene M. Ripley, 2276 Holloway Francis J. Reginek Eileen Hendricks, 2530 E. Minnehaha Theresa M. Potter, 1262 N. McKnight Anita M. Anderson, 609 N. Century Ronald N. Fisher, 2580 Holloway Marvin & Sherrie Mathews, 1592 Myrtle James L. Beardsley & Star F. Strane, 2311 E. Minnehaha Raymond J. & Virginia B. Kaeder, 1083 Sterling Julis F. Lepsche, Stillwater Road - 3 - 5/11 Richard Weinhold, 2615 Stillwater Road Cornell Berg, 2368 Holloway Mary Burnhut, 10000 N. 190 St., Forest Lake Estate of Bernard C. Pazera, Stillwater Road Ronald J. & Dian C. Parent, E. Minnehaha Joseph F. Murray, 2531 Geranium Glen Dahlquist & Emily Dahlquist, 1904 N. McKnight Selma M. Sauerbrey, 990 Ferndale Rita Hochban, 2634 Fremont Edward Junek & Helen Christiansen, Larpenteur Avenue Tom Kelcher, 447 Meyer St. Alice M. Fountain, 949 Glendon _ Beth Tessmer, 607 Ferndale St. Pauline 0. Smith, 2675 Midvale Place Cindy Heggernes, 1044 Mary St. John G. Moritz, 2708 E. Minnehaha Arthur G. Sinn, 2504 E. Minnehaha William W. & Catherine M. Nyquist, 2510 Holloway Harold P. & Pauline M. Nielson, 2416 E. Larpenteur Mr. & Mrs. E. G. Saum, 2318 Case Avenue The following voiced their opinions in person: Geraldine Miller, 1010 Glendon Helen Koppen, 984 Lakewood Drive Mrs. Amelia Choulock, 2363 Case Avenue Willard Ginkel, 1001 Ferndale St. Michael Green, 2321 Stillwater Road Jens Jansen, 1560 No. McKnight Road Ray Colosimo, 2323 Case James Mueller, 1568 Myrtle Judith Clas, 1580 Myrtle Michael Spartz, 2300 E. Larpenteur Bernard Kennedy, 2532 Stillwater Road Philip Leimon, 2438 Stillwater Mrs. Ronald Perron, 2522 Minnehaha Terry Grandlund, 2375 E. Minnehaha Vernon Potter, 1262 No. McKnight Mrs. James Thurstin, 1595 Myrtle Michelle McQuarrie, representing B, John Barry, owner of 2585 and 2605 Conway Dan Tacheny, 2303 Minnehaha James Beardsley, 2311 Minnehaha Terri Dufour, 2299 Minnehaha Mrs. Cornell Berg, 2368 Holloway Sherman Edquist, 2334 Holloway j James Trunzo, 2668 Brand Richard Settig, 739 Meyer I Luther Haase, 2512 Minnehaha Charles Ackerman, 1895 Myrtle Gene Beaulieu, 2338 Stillwater i - 4 - 5/11 Rose Westbrook, 1900 Fcrness Harold Nelson, 2416 E. Larpenteur Ken Gervais, 2534 E. Minnehaha, speaking for himself and the estate of Dorothy Arbore Tony John, 2329 Stillwater Road Mr. Robert Pettitt, 1157 Ferndale Tom Honsa, 2546 Minnehaha Dan Tacheny, 2303 Minnehaha g. Mayor Greavu closed the public hearing. h. Mayor Greavu introduced the following resolution and moved its adoption: 87-5-79 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the pro- = posed assessment for the construction of the Water Service District 6 Improvements as described in the Files of the City Clerk as Project 86-03 A & B, and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA; 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall consti- tute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments ex- tending over a period of 20 years, the first of the installments to be payable on or after the first Monday in January, 1988, and shall bear interest at the rate of ten (10) percent per annum from the date of this resolution until December 31, 1988. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the Council to reim- burse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions re- _ lating to such properties make such assessment feasible. 4. To the extent that this improvement benefits nonabutting properties which may be served by the improvement when one or more later ex- tensions or improvements are made, but which are not herein assessed, therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the City by adding any portion of the cost so paid to the assess- menu levied for any of such alter extension or improvements. - 5 - 5/11 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilmember Juker. Ayes - all. i. Mayor Greavu moved that appeals and adjustments of the District No. ,I _6_Water Tank Project 86-3 will be heard on Wednesday, May 20, 1987, at 7:00 P.M. Seconded by Councilmember Juker. Ayes - all. j. Staff was instructed to investigate where any construction is being contemplated on Minnehaha Avenue. 2. 7:10 P.M., Highwood Estates a. Plan Amendment 1. Mayor Greavu convened the meeting for a public hearing regarding the request of A and R Properties to amend the land use plan from S, school, and OS, open space, to RL, residential low density for the property located south of Highwood Avenue, east of Sterling Street, and also designate an elementary school search area be- tween Highwood and Linwood Avenues in the vicinity of future Sterling Street. 2. Director of Community Development Geoff Olson presented the Staff report. 3. Commissioner George Rossbach presented the Planning Commission Report. 4. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following expressed their opinions: Mr. James Kayser, part owner of the property. 5. Mayor Greavu closed the public hearing. 6. Councilmember Anderson introduced the following resolution and moved its adoption: 87-5-80 WHEREAS, the City of Maplewood, on behalf of the Maplewood - North St. Paul - Oakdale School District, initiated an amendment - 6 - 5/11 to the Maplewood Comprehensive Plan to establish a search area for an elementary school site between Highwood and Linwood avenues in the vicinity of future Sterling Street. WHEREAS, the procedural history of this plan amendment is as follows: 1. The Maplewood Planning Commission held a public hearing on March 16, 1987, 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 May 11, 1987, The Council considered reports and recom- _ mendations 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: 1. The school district is currently negotiating the purchase of a site in this vicinity. 2. Proposed Sterling Street is being designed as a minor collec- tor and would handle future school property. Seconded by Mayor Greavu. Ayes - all. b. Rezoning c. Preliminary Plat d. Street Vacation 1. Mayor Greavu convened the meeting for a public hearing regarding the request of A & R Properties £or (1) vacation of Sterling Street right-of-way 519.1 feet south of Highwood Avenue (2) preliminary plat approval for the first phase of a three-phase development and (3) rezone Phase I from F farm to R-1 single dwelling for property on Highwood Avenue, east of Sterling Street. 2. City Manager McGuire presented the Staff report. 3. Director of Community Development Olson presented the specifics of the proposal. 4. Commissioner Rossbach presented the Planning Commission recommenda- tion. - 7 - 5/11 5. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following voiced their opinions: Resident, 1024 Marnie James Kayser, 2516 Linwood Richard Wolverton, 982 Marnie 6. Mayor Greavu closed the public hearing. 7. Mayor Greavu introduced the following rsolution and moved its adoption• 87-5-81 WHEREAS, the City of Maplewood initiated a rezoning from F, farm residence, to R-1, single dwelling for the first phase of the Highwood Estates plat. WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commis- . sion on April 6, 1987. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on May 11, 1987, to consider this rezoning. Notice thereof was published and mailed pursuant to law. All persons present at said hear- . ing were given an opportunity to be heard and present written statements. The Council also considered reports and recommenda- tions 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 ad- jacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and con- veniences 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 ser- vices and facilities, such as public water, sewers, police and fire protection and schools. - 8 - 5/11 Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Wasiluk Nay - Councilmember Bastian. 8. Mayor Greavu moved to approve Phase I of the Hi hwood EstaCe~s prelims- nary plat (plans stamped 4-3-87) subject to the following conditions being completed before final plat approval: a. Only the lots that drain to Highwood Avenue shall be platted in Phase I. b. The drainage easement between O'Day Street and McClelland Street shall be one loot above the 100-year storm design. All adjacent lots shall have at least 10,000 square feet outside the easement. c. Submittal of a developer's agreement, with required surety, for all public improvements, including: (1) Temporary cul-de-sacs for proposed O'Day Street, McClelland Street, and Ferndale Street. (2) Construction of storm sewer from proposed O'Day, McClelland and Ferndale Streets to the pond proposed between O'Day Street and McClelland Street. d. Submission of 100-foot diameter easements for the three tem- porary cul-de-sacs. e. Final grading, utility, erosion control, and drainage plans shall be approved by the City Engineer. The grading plan shall show the depth and location of Williams. Brothers' Pipeline. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Wasiluk Nay - Councilmember Bastian 9. Mayor Greavu introduced the following resolution and moved its adoption• 87-5-82 WHEREAS, A & R Properties initiated sroceedings to vacate the public interest in that part of Sterling Street lying south of Highwood Avenue and north of a line 552.1 feet south of and parallel to the north line of the Northeast 1/4 of the Southeast 1/4 of Section 13, Township 28, Range 22. WHEREAS, the procedural history of this vacation is as follows: 1. This vacation was reviewed by the Planning Commission on April 6, 1987. The Planning Commission recommended to the City Council that this vacation be approved. - 9 - 5/11 2. The City Council held a public hearing on May 11, 1987 to con- sider 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 street right-of-way, public interest in the property will accrue to the following described abutting properties: 1, The North 806 feet of the West i/2 of the Southeast 1/4 of Section 13, Township 28, Range 22, lying East of the center line of Sterling Street. 2. Subject to Highway and Road; North 552,1 feet of following: part westerly of center line of said road of Northwest 1/4 of _ Southeast 1/4 and part East of Pleasantview Park No. 2 of North- east 1/4 of Southwest i/4 all in Section 13, Township 28, Range 22. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that it is in the public interest to grant the above-described vacation on the basis of the following findings of fact: 1. Sterling Street should be realigned to the west to coincide with Sterling Street north of Highwood Avenue. 2. The present alignment would result in double-fronting lots. Double-fronting lots are prohibited by code, unless there is no other reasonable way to plat. 3. Constructing a street and underground utilities over a pipeline is difficult and hazardous. It is hazardous during construction because of the potential for rupturing the pipeline. It is hazardous after construction because of the potential for a leak to enter the storm sewer or flow along the street, as happened in Moundsview. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Wasiluk Nay - Councilmember Bastian 3. 7:20 P.M., Registered Land Survey - Cub Foods a. Mayor Greavu convened the meeting for a public hearing regarding the re- quest of Donald G. Oren, Cub Foods, for preliminary plat approval of a regis- tered land survey to subdivide the Cub Foods site into three tracts. b. City Manager McGuire presented the Staff report. c. Director of Community Development Olson presented the specifics of the proposal. - 10 - 5/11 d. Mayor Greavu called for proponents. The following were heard: Mr. Don Oren, representing his father, the applicant e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilmember Anderson moved to approve the registered land survey (plans stamped 3/30/87) for the Cub Food site, subject to the following conditions being met before final approval: 1. A deed shall be submitted to the City Engineer to grant a six-acre- foot storm water pond to the City south of the Hilltop site. The easement description shall be approved by the City Engineer. 2. A deed shall be submitted to the City Engineer to grant a 25-foot-wide storm sewer easement from County Road B to the south property line of Tract C. The legal description shall be approved by the City Engineer. 3. A reproducible mylar as-built for the 12" water main along County Road B shall be submitted to the City Engineer. If it is located outside of the right-of-way, a utility easement shall be granted, 4. Submit a deed to Ramsey County for Tract B. Seconded by Councilmember Bastian. Ayes - all. 4. 7:30 P.M., Preliminary Plat Highwood Second Addition a. Mayor Greavu convened the meeting for a public hearing regarding the request of Good Value Homes, Inc., for preliminary plat approval to create 44 single dwelling lots and an outlot to be deveoped with the property to the north and at the Maplewood City Staff request to change the name of O'Day Street in the Highwood Addition to Ferndale Street and change the names of "Dorland Curve" and "Phylis Avenue" in the Jefferson Fourth Addition to Schaller Drive. b. City Manger McGuire presented the Staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Commissioner Rossbach presented the Planning Commission recommendation. e. Mayor Greavu called for propoents. The following were heard: James Kayser, 2516 Linwood John Peterson, Good Value Homes Duane Olson, Engineering Consultant - 11 - 5/11 f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Mayor Greavu introduced the following resolution and moved its adoption: 87-5-83 WHEREAS, the land use plan shows a minor collector street alignment that runs diagonally for approximately a mile between Century to Highwood Avenues. WHEREAS, "Dorland Curve" and "Phylis Avenue", in the Jefferson Fourth Addition, are part of this collector street alignment. WHEREAS, if existing north/south and east/west street names are used to name the various segments of this diagonal roadway, the street names will have to change in the center of curves or from one side of a street to the other at an intersection. Street names that change in this manner could lead to confu- sion when attempting to locate a particular property. WHEREAS, confusing street names could hamper public safety's ability to deliver timely emergency vehicle services. WHEREAS, there is the possibility that the above-referenced collector street could be nearly two miles long, extending southeast of Highwood Avenue to Sterling Street. A street of between one and two miles of length, through some of the most picturesque property in the City, would be a fitting memorial to Richard Schaller. NOW, THEREFORE, BE IT RESOLVED that the City of Maplewood hereby: 1. Intends to name as Schaller Drive, the collector street planned to be built between Century and Highwood Avenues and from Highwood Avenue south along the west boundary of Pleasant View Park. 2. Rename "porland Curve" and "Phylis Avenue", in the Jefferson Fourth Addition, to "Schaller Drive". Seconded by Councilmember Anderson. Ayes - all. i. Mayor Greavu introduced the following resolution and moved its adoption: 87-5-84 WHEREAS, the roadway that intersects the north side of Highwood Avenue, about a quarter mile west of Century Avenue, is named "O'Day Street". WHEREAS, four of five existing north/south street segments located about a quarter mile west of Century Avenue are named "Ferndale Street". - 12 - 5/11 WHEREAS, the proposed Highwood Estates plat on the south side of Highwood Avenue; has a street directly in line with the above-referenced "O'Day Street". This street is named "Ferndale Street". WHEREAS, in the Highwood Addition, "Valleyview" Avenue is spelled as one word. In the Jefferson Fourth and Castle Ridge Additions, and the City of St. Paul, "Valley View" is spelled with two words. WHEREAS, consistency in street names is necssaary to insure the timely delivery of emergency vahicle services. NOW, THEREFORE, BE IT RESOLVED that the City of Maplewood hereby renames: 1. "O'Day Street" in the Highwood plat to "Ferndale Street", and 2. "Valleyview Avenue" in the Highwood plat to "Valley View Avenue". Seconded by Councilmember Anderson. Ayes - all. j. Mayor Greavu moved approval of the Highwood Second Addition preliminary plat (plans stamped 2-9-87) subject to the following conditions being satisfied before final plat approval: 1. Sterling Street must be realigned to the west, as determined by the City Engineer, to increase the setback to the pipeline. The developer may acquire the additional right-of-way and construct the street or wait for the City to build it. Until contracts are signed for Sterling Street, no more than 1,000 feet of street and associated lots shall be platted from Valley View Avenue and proposed O'Day Street. The balance of the property may be platted as an outlot or left as unplatted property. 2, Lots 7 - 11, Block 2, and 11 - 15, Block 3, shall not be platted until contracts are signed to construct a water tower for this area. 3. Outlot A shall be divided into Outlots A and B, separated by the Phylis Avenue right-of-way. 4. Temporary 100-foot-diameter easements shall be submitted for all dead ends. 5. Fifteen-foot-wide storm sewer easements shall be shown, centered in each proposed storm sewer. 6. City Engineer approval of final grading, drainage, utility and erosion-control plans. The trees to be saved shall be shown on the grading plan and identified as such in the field. 7. Submission of a signed developer's agreement, with required surely, for all required public improvements and the oil-containment system proposed along the east boundary of Lots 1 - 3, Block 4. 8. "O'Day Street" shall be changed to "Ferndale Street". -13- 5/ll 9. "Phylis Avenue" shall be changed to "O'Day Street". 10. If Timber Avenue is to become part of the east-west collector (page 9), it shall be named Schaller Drive. 11. Deed restrictions shall be submitted to the City to run with the title of Lots 1 - 3, Block 4. These restrictions shall require the homes to be built at the front-yard setback to maximize the setback to the pipelines. 12. The west lot line of Lot 4, Block 4, shall be relocated to the west to be perpendicular to Timber Avenue. Seconded by Councilmember Anderson. Ayes - all. 5. 7:40 P.M., Conditional Use Permit Rolling Hills Second Addition a. Mayor Greavu convened the meeting for a public hearing regarding the request of Richard Pearson for a conditional use permit to construct a mobile home part in a F, farm residence district (the northwesterly third of the site) and mobile homes in an M-2, heavy manufacturing zone that are closer than 350 feet to a residential zone and approval of a site plan. b. City Manager McGuire presented the Staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Commissioner Rossbach presented the Planning Commission recommendation. e. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following voiced their opinions: A resident at 2555 Geneva, Oakdale Richard Pearson, the applicant and owner Ray Colosimo, 2322 Case Larry Cude, Director of Emergency Preparedness f. Mayor Greavu closed the public hearing. g. Mayor Greavu introduced the following resolution and moved its adoption: 87-5-85 WHEREAS, Richard Pearson initiated a conditional use permit to develop a mobile home park on property zoned F, farm residential, and also with 350 feet of a residence district on property zoned M-2, heavy manufacturing at the following-described property: That portion of the SE 1/4 of the SE 1/4 of Section 24, Township 29, Range 22, lying southeasterly of the Chicago and Northwest Rail- road right-of-way. - 14 - 5/11 WHEREAS, the procedural history of this conditional use permit is as - follows: 1. This conditional use permit was initiated by Richard Pearson, pursuant to the Maplewood Code of Ordinances. 2. This conditional use permit was reviewed by the Maplewood Plan- ~i ning Commission on May 4, 1987. The Planning Commission recommended to the City Council that said permit be approved. 3. The Maplewood City Council held a public hearing on May 11, 1987. 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 Council also considered reports and recommendations of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY 'COUNCI1,.bh3t 6he avboue- described conditional use permit be approved on the basis of the following findings-of-fact: 1. The use is in conformity with the City's Comprehensive Plan and with the purpose and standards of this chapter. 2. The establishment or maintenance of the use would not be detrimental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character of that zoning district. 4. The use would not depreciate property values. 5. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to the noises, glare, smoke, dust, odor, fumes, water pollution, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 6. The use would generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area properties. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parks. 8. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the City. 9. The use would preserve and incorporate the site's natural and scenic features into the development design. 10. The use would cause minimal adverse environmental effects. - 15 - 5/11 Approval is subject to the following conditions: 1. Compliance with state requirements. 2. There shall be no exterior storage of equipment such as bikes, hoses, lawnmowers, rakes, etc. 3, Each lot shall be allowed an exterior storage shed of no more than 120 square feet. Such shed must be kept in workmanlike repair and painted. 4. Each lot shall be allowed to have children's play equipment, unless the developer provides a tot lot adjacent to the community building. 5. Each lot shall be allowed a deck and carport, provided that either structure shall not be closer than ten feet to any adjacent dwelling. Carports shall not be closer than six feet to a private street and shall not have walls. On lots along Century Avenue, sheds shall not be closer than thirty-seven feet to the right-of-way. 6. All mobile homes must be new, skirted and tied down. Skirting shall extend from the frame of the chassis to the ground. Skirt- ing must be painted to complement the mobile home. 7. All tie-downs and foundations must meet the state building code. 8. The sign regulations for the R-3 district shall apply. 9. The following minimum setbacks shall apply for dwellings: a. Twenty feet to a private street. b. Forty-seven feet to the Century Avenue right-of-way. c. Five root side yard setback on the side opposite the entry. d. Twenty foot side yard setback on the entry side. e. Seventy feet to a railroad track. 10. Sales of mobile homes shall be limited to those owned by park residents and those sold by the park owner for placement in the park,. 11. The storm shelter shall be kept free of storage. The shelter shall be kept open at all times or keys shall be made available to all residents in a manner to be approved by the Director of Emergency Services. 12. The City shall not be responsible for maintaining any of the internal improvements. 13. Water lines shall be flushed at least once a year. - 16 - 5/11 14. Parking shall only be permitted on one side of each street. No parking shall be permitted closer than thirty feet to any intersection. 15. Adherence to the approved site plan and related conditions. Any significant change must be approved by the Community Design Review Board. Minor changes may be approved by Staff. Seconded by Councilmember Anderson. Ayes - all. G. AWARD OF BIDS 1. Arkwright Street Project 86-12 a. City Manager McGuire presented the Staff .report. b. Councilmember Anderson introduced the following resolution and moved its adoption• 87-5-86 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Lake Area Utility in the amount of $94,206.60 is the lowest responsi- ble bid for the construction of Arkwright Street from Eldridge Avenue to County Road B, City Project 86-12, and the Mayor and Clerk are hereby author- ized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilmember Wasiluk. Ayes - all. c. City Manager McGuire presented the recommendations regarding the appeal filed by Richard Schreier pertaining to Project 86-12"". d. Mayor Greavu introduced the following resolution and moved its adoption: 87-5-87 WHEREAS, on March 23, 1987, the Council adopted the assessment roll for the construction of storm sewer, sanitary sewer, water main and street on Arkwright Street - Eldridge Avenue to County Road B, City Project 86-12, and WHEREAS, an appeal of assessment was filed by Mr. Richard Schreier (Parcel Number 17-29-22-22-0092) on March 24, 1987, with the district court and City Clerk pursuant to the property owner's rights under MSA Section 429.081, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNE- SOTA: That the assessed storm sewer square footage against Parcel Number 17-29-22-22-0092 shall be reduced to 45,869 square feet resulting in a storm sewer assessment of $5,962.98 against this parcel. The remaining portion of this parcel may be assessed for storm sewer as a segment of a future project. All other assessment values and rates shall remain unchanged. Seconded by Councilmember Anderson. Ayes - all. - 17 - 5/11 UNFINISHED BUSINESS 1. Purchase of Computer System. a. City Manager McGuire presented the Staff report. b. Councilmember Wasiluk moved that the Council approve (1) contracts with NCR and Eden Systems for the purchase and maintennce of computer hardware and software and (2) a financing plan and the appropriate budget adjustments for I, the purchase of the new computer system: and 1987 operating costs. Seconded by Mayor Greavu. Ayes - all. 2. Code Amendment - Smaller Single Dwelling Lots (2nd Reading) a. City Manager McGuire presented the Staff report. b. The following persons voiced their opinions regarding the ordinance: _ Jim Cypress, 2233 W. County Road B Ken Gerbais, Castle Design Gary Gerke, 1252 Cope Avehue Gale Rehnberg, Rehnberg Realty John Peterson, Good Value Homes George Rossbach, 1406 E. County Road C Jerry Mogren, 2855 Frederick Councilmember Juker moved to waive the Rules of Procedures and extend the meeting past the deadline. Seconded by Councilmember Anderson. Ayes - all. c. Councilmember Anderson introduced the following ordinance and moved its adoption• ORDINANCE N0. 604 AN ORDINANCE ESTABLISHING MINIMUM LOT WIDTHS FOR SMALL-LOT, SINGLE DWELLINGS Section 1. Sec. 30-8 (f) is amended to read as follows: (1) Lot dimensions in F and R-1 zones. The minimum lot dimensions to subdivide in an F or R-1 zone shall be: a. Interior Lots. 1. Seventy-five (75) feet wide at the established building setback line; 2. Not less than sixty (60) feet at the front lot line, except that lots located along the outside curves of curvilinear streets or on the bulbs of culs-de-sac shall be no less than fd_rty (40) feet in width at the front lot line; and - 18 - 5/11 3. Not less than ten thousand (10,000) square feet in area. b. Corner lots. 1. One hundred (100) feet wide at the established building setback line; and 2. Not less than ten thousand (10,000) square feet in area. (2) Lot dimensions in R-2 zones. The minimum lot dimensions to subdivide in an R-2 zone shall be: a. Interior lots. 1. Sixty feet (60) wide at the established building setback ` line and front lot line; 2. Not less than forty feet (40) of width at the front lot line on the bulb of a cul-de-sac or the outside curve of a street; and 3. Not less than seven thousand five hundred (7,500) square feet in area. b. Corner lots. 1. Eighty-five (85) feet wide at the established building setback line; and 2. Not less than seven thousand five hundred (7,500) square feet of area. Section 2. This ordinance shall take effect upon its passage and publication. Passed by the Maplewood City Council on May 11, 1987. Mayor Attest: City Clerk Ayes - 4 Nays - 1 Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Wasiluk Nay - Councilmember Juker 3. Rezoning (4 Votes) and Preliminary Plat Lynnwood terrace - 19 - 5/11 a. City Manager McGuire presented the Staff report. b. Director of Community Development Olson presented the specifics of the proposal. c. Mayor Greavu introduced the following resolution and moved its adoption: 87-5-88 WHEREAS, Gerald. Mogren and Richard Schreier initiated a rezoning from F, farm residence to R-2, double dwelling for the following-described property: That part of the Northwest Quarter of the Northeast Quarter of Section 2, Township 29 North, Range 22 West, Ramsey County, Minnesota, described as follows: Beginning at the southeast corner of said Northwest Quarter of the Northeast Quarter; thence North 00 degrees 17 minutes 48 second West, assumed bearing, along the east line of said Northwest Quarter of the Northeast Quarter a distance of 163.47 feet to the south line of the North 1321.33 feet of said Northwest Quarter of the Northeast Quarter as measured at a right angle to the north line of said Northwest Quarter of the Northeast Quarter thence North 89 degrees 36 minutes OS seconds West along said south line 812.79 feet to the north line of the South 5.16 acres (north line of the South 170.38 feet) of said Northwest Quarter of the Northeast Quarter as measured at a right angle to the south line of said Northwest Quarter of the Northeast Quarter; thence South 89 degrees 54 minutes 43 seconds West along said north line 177.14 feet to the east line of the West 329.21 feet of said Northwest Quarter of the Northeast Quarter as measured at a right angle to the west line of said Northwest Quarter of the Northeast Quarter; thence south 00 degrees 15 minutes 41 seconds East along said east line 170,38 feet to the south line of said Northwest Quarter of the Northeast Quarter; thence North 89 degrees 54 minutes 43 seconds East along said south line 989.98 feet to the point of beginning, containing 3.81 acres, more or less. WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated pursuant to Chapter 36, Article VII of the Maplewood Code or Ordinances. 2. This rezoning was reviewed by the Maplewood Planning commission on April 6, 1987. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on May 11, 1987, to consider this rezoning. Notice thereof was published and mailed pursuant to law. All persons present at said heating 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. - 20 - 5/11 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 and comprehensive plan. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the r!eigh- borhood, and that the use of the property adjacent to the arec in- cluded in the proposed change or plan is adequately s~reguardd. 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 #ire protection and schools. 5. Small-lot single dwellings would be more compatible in design and scale with surrounding development than multiple dwellings. Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Wasiluk Nay - Councilmember Bastian. d. Mayor Greavu moved to approve the Lynnwood Terrace Preliminary Plat plans dated 1-15-87) subject to the following conditions being met:,§e~4€e final plat approval: 1. Reconciling the inconsistency in the north-south dimensions of the site between the preliminary plat, the counGy.~~~e map,_and a certificate of survey completed by North Land Surveying Company on 3/4/87. 2. Show a storm water ponding easement on the plat in the vicinity of the north portion of Lot 14 or acquire a compensating easement on the property to the north and transfer it to the City. The location of either easement shall be approved by the City Engineer. If an easement is shown on one or more of the proposed lots, these lots shall contain at least 7,500 square feet above the easement. 3. Atwenty-foot-wide storm sewer easement shall be shown from the ponding easement to Lydia Avenue. The location shall be approved by the City ~Fngineer. 4. Final grading, drainage, erosion control and utility plans to be approved by the City Engineer. If a compensating drainage easement is acquired to the north (Condition Two), the compensating easement must be graded. Filling of the north part of Lot 14 would then be allowed, but be subject to the City Engineer approval via the de- veloper's agreement. - 21 - 5/11 5. Submittal of a developer's agreement and surety for constructing separate water and sanitary sewer stubs to each lot. 6. Amending the subdivision ordinance to allow 60-foot wide lots in R-2 zones. Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Wasiluk Nay - Councilmember Bastian. 4. Reconsideration Upper Afton a. Mayor Greavu moved reconsideration of Council's decision of April 27 1987 denying the construction of Upper Afton. "Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Wasiluk Nay - Councilmember Bastian. b. Councilmember Anderson moved to suspend the Rules of Procedures and discuss this item. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Wasiluk Nay - Councilmember Bastian. c. Mayor Greavu introduced the following resolution and moved its adoption: 87-5-89 WHEREAS, the City Engineer for the City of Maplewood has previously been authorized and directed to prepare a report with reference to the improvement of Upper Afton Road between McKnight Road and Century Avenue, City Project 86-07, by construction of street, storm sewer, pedestrian/vehicle underpass and utility repairs, and WHEREAS, the said City Engineer has prepared the aforesaid report for the improvement herein described: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNE- SOTA, as follows: 1. The report of the City Engineer advising this Council that the proposed improvement on Upper Afton Road between McKnight Road and Century Avenue, City Project 86-07, by construction of street, storm sewer, pedestrian/vehicle underpass and utility repairs is 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 $1,309,000.00 - 22 - 5/11 3. A public hearing will be held in the Council Chambers of the City Hall at 1830 East County Road B on Monday, the 8th day of June, 1987, at 7:10 P.M, to consider said improvement. The City Clerk shall give mailed and published notice of said hearing and improvement as required by law. Seconded by Councilmember Anderson. Ayes - all. I. NEW BUSINESS 1. Community Development Bench Grants a. Director of Community Development Olson presented the Staff report. b. Ms. Mary Hazlett, member of Beaver Lake Church explained the need for Council support for two senior housing applications recommended by the Ramsey County Community Development Block Grant Advisory Committee. c. Councilmember Bastian moved to endorse the following statement of support• _ "The City of Maplewood supports senior citizen housing in Maplewood. The City strongly urges the County to provide all of the funding re- quested from community development block grants for The Cottages of Maplewood and Lincoln Park Manor. The Cottages of Maplewood are also endorsed as being consistent with the City's Comprehensive Plan. 2. Feasibility Report - Water Service - District 8 and Sterling Street, Project 86-15. a. City Manager McGuire presented the Staff report. b. Councilmember Bastian introduced the following resolution and moved its adoption• 87-5-90 WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare a report with reference to the improvement of Water Service District 8 and Sterling Street from south of Mailand Road to Highwood Avenue and a proposed collector street north of Highwood Avenue from proposed _ Sterling to Jefferson Fourth Addition by construction of booster station im- provements, elevated tank, trunk water main, sanitary sewer, storm sewer and street, and WHEREAS, the said City Engineer has prepared the aforesaid report for the improvement herein described: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNE- SOTA, as follows: 1. The report of the City Engineer advising this Council that the proposed improvement of Water Service District 8 and Sterling Street from south of Mailand Road to Highwood Avenue and a proposed collector street north of Highwood Avenue from proposed Sterling to Jefferson Fourth Addition by construction of booster station improvements, elevated tank, trunk water maii:, sanitary - 23 - 5/11 sewer, storm sewer and street is 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 $2,800,000.00. 3. A public hearing will be held in the Council Chambers of the City Hall at 1830 East County Road B on Thursday, the 21st day of May, 1987, at 7:00 P.A1. to consider said improvement. The City Clerk has been previously authorized to give mailed and published notice of said hearing and improvement as required by law. Seconded by Councilmember Juker. Ayes - all. 3. Developer Project Financing and Construction Report. a. Councilmember Anderson moved to table this item until the meeting of May 21, 1987. Seconded by Councilmember Juker. 4. Billboard Lease Renewal (Request Postponement). Deleted from Agenda. 5. Noise Ordinance a. Councilmember Juker moved to table this item until the meeting of Mav 21, 1987. Seconded by Councilmember Anderson. Ayes - all. 6. Vacant House - 1744 Prosperity Road a. The area residents of 1744 Prosperity Road submitted a petition requesting the property and dwelling be cleaned up and restored. b. Councilmember Anderson instructed Staff to contact the owner to finish his remodeling of the dwelling and to make sure this dwelling is no longer an eyesore. Seconded by Councilmember Juker. Ayes - all. 7. Vacant Lot - Prosperity Road - Dick Sagstetter a. Mr. Sagstetter stated he purchased a piece of tax delinquent property on Prosperity Road and finds he can not build on it because it has drainage problems. b. Mayor Greavu moved to table this item until the meeting of Mav 21, 1987, to allow for further information. Seconded by Councilmember Anderson. Ayes - all. - 24 - 5/11 8. Vacancy a. Councilmember Anderson moved to authorize the hiring of an Assistant Finance Director to fill the vacancy created by the resignation of the Treasurer. Seconded by Councilmember Juker. Ayes - all. J. VISITOR PRESENTATIONS i None. ' K. COUNCIL PRESENTATIONS 1. Woodbury and Century Avenue a. Councilmember Anderson questioned what is being built by Lower Afton and Century in Woodbury. = b. Staff stated apartments are being constructed. L. ADMINISTRATIVE PRESENTATIONS None. M. ADJOURNMENT 11:37 P.M. City Clerk - 25 - 5/11