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HomeMy WebLinkAbout08.24.87 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, August 24, 1987 Council Chambers, Municipal Building Meeting No. 87-17 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 7:01 P.M. by Mayor Greavu. 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 None. D. APPROVAL OF AGENDA Alayor Greavu moved to approve the Agenda as amended: 1. Legal Advice 2. St. Paul Paper Access 4. Lillie News Seconded by Councilmember Juker. Ayes - all. E. CONSENT AGENDA Council removed Item E-4 to become Item I-10. Mayor Greavu moved, Seconded by Councilmember Anderson, Ayes - all, to approve the Consent Agenda, Items 1, 2 and 4 as recommended: 1. Accounts Payable Approved the accounts (Part I - Fees, Services, Expenses check register dated August 13, 1987 through August 17, 1987 - $445,037.17 : Part II - Payroll dated 8-21-87, gross amount $144,711.48) as submitted. 2. Easement Agreement - Beam Avenue Water Main - Project 84-12. Resolution No. 87 - 8 - 153 WHEREAS, the Council has ordered made City Project 84-12, Beam Avenue Trunk Water Main, and WHEREAS, the Council has levied assessments against benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Stabutes, Chapter 429, and 8/24 WHEREAS, easements are required for the project on property owned by Denton M. and Marilyn M. Vars. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that payment in the amount of $9,240 is hereby approved to Denton M, and Marilyn M. Vars and the Mayor and City .Manager are hereby authorized to execute an easement agreement for acquisition of said easements. 3. Removed to become I-10. 4. Sherwood Park/Vaughn, 1613 Sandhurst Council authorized a transfer of $5000.00 from the Contingency Account for grading the Sherwood Park property north of the Vaughn property. F. PUBLIC HEARINGS 1. 7:00 P.M., On-Sale Liquor Licenses a. Laura P1ae's, 1745 E. Cope Avenue 1. Mayor Greavu convened the meeting for a public hearing regarding the request of Stephen L. Pearson, William J. Putney and James H. Rebeck for an On-Sale Intoxicating Liquor License for Laura Mae's, 1745 E. Cope Avenue. 2. City Manager Michael McGuire presented the Staff report. 3. James Howard Rebeck, Jr., one of the applicants, spoke on behalf of the request. 4. Mayor Greavu called for proponents. .None were heard. 5. Mayor Greavu called for opponents. None were heard. 6. Mayor Greavu closed the public hearing. 7. Councilmember Anderson introduced the following resolution and moved its adoption• 87-8- 154 NOTICE IS HEREBY GIVEN, that pursuant to action by the City Council of the City of Maplewood on August 24, 1987, an On-Sale Intoxicating Liquor License was approved for Stephen L. Pearson, William J. Putney, and James H. Rebeck, dba Laura P1ae's, 1745 E. Cope Avenue. The Council proceeded in this matter as outlined under the provi- sions of the Gity Ordinances. Seconded by Councilmember Bastian. Ayes - all. - 2 - 8/24 b. D. G. Burgers, Inc., 2441 North Highway 61 1. Mayor Greavu convened the meeting for a public hearing regarding the request of Milo L. Berg for an On-Sale Intoxicating Liquor License for D. G. Burgers, Inc., 2441 North Highway 61. 2. Manager McGuire presented the Staff report. 3. Milo L. Berg, the applicant, spoke on behalf of the request. 4. Mayor Greavu called for proponents. None were heard. 5. Mayor Greavu call for opponents. None were heard. 6. Mayor Greavu closed the public hearing. 7. Councilmember Bastian introduced the following resolution and moved its adoption• 87-8- 155 NOTICE IS HEREBY GIVEN that pursuant to action by the City Council of the City of Paplewood on August 24, 1987, an On-Sale Intoxicating Liquor License was approved for Milo L. Berg, dba D. G. Burgers, Inc., 2425 No. Maplewood Drive. The Council proceeded in this matter as outlined under the provi- sions of the City Ordinances. Seconded by Councilmember Anderson. Ayes - all. c. Applebee's Neighborhood Grill & Bar, 2112 Maplewood Mall, 3001 White Bear Avenue 1. Mayor Greavu convened the meeting for a public hearing regarding the request of Robert M. Paul for an On-Sale Intoxicating Liquor License for Applebee's, 2112 Maplewood Mall, 3001 White Bear Ave- nue. 2. Manager McGuire presented the Staff report. 3. Donald W. Strang and Robert M. Paul, two of the applicants, spoke on behalf of the request. 4. Mayor Greavu called for proponents. None were heard. 5. Mayor Greavu called for opponents. None were heard. 6. Mayor Greavu closed the public hearing. 7. Councilmember Bastian_•introduced the following resolution and moved its adoption• - 3 - 8/24 _ 87-8-156 NOTICE IS HEREBY GIVEN, that pursuant to action by the City Council of the City of Maplewood on August 24, 1987, an On-Sale Intoxicating. Liquor License was approved for Robert M. Paul, dba Applebee's Neigh- borhood Bar and Grill, Maplewood Mall, 3001 White Bear Avenue. The Council proceeded in this matter as outlined under the provi- sions of the City Ordinances. Seconded by Councilmember Wasiluk. Ayes - all. 2. 7:10 P.M., Preliminary Plat Jefferson 6th Addition a. Mayor Greavu convened the meeting for a public hearing regarding the request of Kent Jefferson for preliminary plat approval for seven single- dwelling lots. b. Director of Community Development Geoff Olson presented the Staff report. c. Kent Jefferson, the developer, spoke on behalf of the proposal. d. Mayor Greavu called for persons who wished to be heard for or against the proposal. None were heard. e. Mayor Greavu closed the public hearing. f. Councilmember Anderson moved to approve Jefferson's 6th Addition Preliminary Plat subject to the following conditions being satisfied before final plat approval: 1. Recording of the Jefferson Fifth Addition Plat. 2. Submittal of a developer's agreement for the construction of all public improvements. 3. City Engineer approval of final grading, utility, drainage, and erosion control plans. 4. Revise the name of the cul-de-sac from "Lakewood Drive" to "Lake- wood Court". Seconded by Mayor Greavu. Ayes - all. 3. 7:20 P.M., Conditional Use Permit 798 No. McKnight (Kathy Mosner) a. Mayor Greavu convened the meeting for a public hearing regarding the request of Kathy Mosner for approval of a home occupation permit to operate a beauty salon in the basement of her home located at 798 North McKnight Road. b. Director of Community Development Olson presented the Staff report. c. James and Kathy Mosner, the applicant, spoke on behalf of the proposal. d. Mayor Greavu called for proponents. None were heard. - 4 - 8/24 e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilmember Juker moved an amendment to the conditional use permit that Condition No. 6 be added to limit the hours of operation from 8:00 a.m. to 6:00 p.m. on Wednesday, Thursday and Friday. Seconded by Councilmember Wasiluk. Ayes - Councilmember Juker Nays - Mayor Greavu, Councilmembers Anderson Bastian & Wasiluk Motion defeated. h. Councilmember Bastian moved an amendment No. 1 which would read "if street parking becomes a real concern, applicant may be required to park in the driveway and not along McKnight at the time the conditional use permit is reviewed; Applicant at that time may be required to provide a driveway turn-around or widen the drive to provide three on-site parking spaces. Condition No. 5 would be deleted. The conditional use permit would be re- viewed for renewal in one year. Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Wasiluk Nay - Councilmember Juker. i. Councilmember Bastian introduced the following resolution and moved its adoption• 87-8-157 WHEREAS, Kathy Mosner initiated a conditional use permit to operate a beauty salon in her home at the following-described property: The north 69 feet of the south 119 feet of Lot 8, Auditor's Subdivision No. 77. This property is also known as 798 N. McKnight Road, Maplewood; WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was reviewed by the Maplewood Planning Commission on August 3, 1987. The Planning Commission recommended to the City Council that said permit be approved. 2. The Maplewood City Council held a public hearing on August 24, 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. - 5 - 8/24 NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above-described conditional use permit be approved on the basis of the following findings-of-fact: 1. The use is 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 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. Customers shall park in the driveway and not along McKnight Road. 2. Compliance with the requirements in Section 36-66 (4) (b) per- taining to the operation of a home occupation. 3. A smoke detector and fire extinguisher shall be provided in the shop area. 4. Signage shall be limited to a wall-mounted, two-square-foot maximum sign. Seconded by Councilmember Wasiluk Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Wasiluk Nay - Councilmember Juker - 6 - 8/24 4. 7:30 P.M., Conditional Use Permit 2785 White Bear Avenue (District Court) a. Mayor Greavu convened the meeting for a public hearing regarding the request of Ramsey County District Court to operate court from the third floor of the Executive Office Center on White Bear Avenue. b. Community Development Director Olson presented the Staff report. c. City Engineer Ken Haider explained the specifics of the proposal. d. Commissioner Dennis Larsen presented the Planning Commission report. 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 Bastian introduced the following resolution and moved its adoption• 87-8-158 WHEREAS, Norman L, and LaVonne Undestad initiated a conditional use permit for the operation of Ramsey County District Court at the following- described property: Parcel l: The east 200 feet ~.of the West 1685 feet of the North 200 feet of that part of the North 1/2 of the Southwest 1/4 of Section 2, Township 29, Range 22, lying South of Radatz Avenue. and Parcel 2: All that part of the North 1/2 of the Southwest 1/4 of Section 2, Township 29, Range 22, lying South of Radatz Avenue and West of the center line of White Bear Avenue except for the following parcels: 1. The North 200 feet 2. The West 1411.04 feet lying South of the North 891.2 feet thereof. This property is also known as 2785 White Bear Avenue, Maplewood; WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was initiated by Norman L, and LaVonne J. Undestad pursuant to the Maplewood Code of Ordi- nances. - 7 - 8/24 2. This conditional use permit was reviewed by the Maplewood Planning Commission on August 17, 1987. The Planning Commis- sion recommended to the City Council that said permit be approved. 3. The Maplewood City Council held a public hearing on August 24, 1987. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City Staff and Planning Commission. 4. 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 prop- . ernes. 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 effect. 11. Request Ramsey County to investigate the placement of semiphores at Radatz and White Bear Avenue. Approval is subject to the property owner adding more parking spaces if the City determines that there is inadequate parking. The number and location of additional parking spaces shall be monitored by the Staff and return to Council for review in one year. Seconded by Councilmember Juker. Ayes - all. 5. 7:40 P.M., Preliminary Plat Maplewood Meadows a. Mayor Greavu convened the meeting for a public hearing regarding the application of Bruce Mogren for approval of a 36-lot preliminary plat at Bellaire Street and County Road D, known as Maplewood Meadows. - 8 - 8/24 b. Director of Community Development Olson presented the Staff report. c. City Attorney Kelly explained Condition No. 1 regarding District - Court approval to release the City park land that was previously vacated. d. Commissioner Dennis Lars©n 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. Mr. Bruce ilogren, the applicant, and Mr. Richard Schreier spoke on behalf of the proposal. Mr. Mike Murphy, 2421 E. Brenner Mrs. Beth Ottinger, 3051 E. Lake Mr. Gary Strouch, 2468 E. Brenner Mr. Craig Mueller, 2485 E. Brenner Mr. Richard Olson, 2461 E. Brenner Ms. Kathy Carufel, 2405 E. Brenner Mr. Craig Ottinger, 3051 Lake Street f. Mayor Greavu closed the public hearing. g. Councilmember Bastian moved to table this matter until the next meeting, September 14, 1987, and referred to Staff to obtain more information on the health hazards of living adjacent to power lines. Seconded by Councilrinmber Juker. Ayes - Councilmembers Bastian, Juker, and Wasiluk Nay - Mayor Greavu, Councilmember Anderson. 6. 7:50 P.M., Huntington Hills South a. Preliminary Plat b. Rezoning (4 Votes) 1. Mayor Greavu convened the meeting for a public hearing regarding the request of Good Value Homes, Inc., for approval of a preliminary plat to create 45 single dwelling lots and Staff has recommended the property be rezoned from F, farm to R-1, single dwelling, 2, Manager McGuire presented the Staff report. Mayor Greavu recessed the meeting at 8:50 P.M. Mayor Greavu reconvened the meeting at 8:57 P,M. 3. Director of Community Development Olson presented the specifics of the proposal. - 9 - 8/24 4. Commissioner Dennis Larson presented the Planning Commission recommendation. 5. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following expressed their opinions: Derrick Passe, 2833 Lipton, Minneapolis, spoke on behalf of the proposal. Walter Sawicki, 597 Sterling Bill Uygren, 583 Sterling Glenn Stahl, 535 Sterling Beatrice Robinson, 597 Sterling 6. Mayor Greavu closed the public hearing. 7. Councilmember Anderson moved to approve the Huntington Hills South preliminary plat (plans received 7-24-87) subject to the following conditions being, met before final plat approval: a. City Engineer approval of final grading, utility, drainage and erosion control plans. These plans shall include the following: (1) The grading plan shall include a proposed building pad elevation and contour information for each home site, as well as the areas to be disturbed for street construction. Housing styles shall be illustrated which minimize grading on sites that contain desirable mature trees and steeper slopes. Deviation from the approved grading plans for each lot may be permitted by the City Engineer, provided the intent of the overall grading plan is complied with. (2) The proposed building pads for the affected lots shall comply with the requirements of the pipeline setback ordi- nance. (3) The location and elevation of the Williams Brothers pipeline shall be shown on the grading plan. This informa- tion shall be derived from a field survey. The proposed elevation of the streets wihtin the plat shall be consistent with the street elevation and location to be required by Williams Brothers Pipeline Company. (4) The recommendations in the Soil Conservation Service's letter of 6-5-87 shall be followed. (5) At least 10,000 square feet of lot area outside of any drainage easement used for ponding area shall be provided. (6) The location of the trail within the walkway from Marnie Street to Vista Hills Park shall be shown on the grading plan. - 10 - 8/24 - b. The Sterling Street right-of-way. shall be dedicated with the first phase of the plat, if platted in phases. Until Sterling Street is guaranteed to be constructed north of Linwood Avenue, the areas either side of the Sterling Street right-of-way shall be platted as outlots. c. The label "walkway" in the northeast corner of the site shall be dropped. To substitute for the "walkway" label, the property owner shall submit a recordable quit-claim deed to the City for a 100 x i.00 foot trail easement. Once the trail align- ment is accurately located and construction by the City has been completed, any excess easement area may be vacated. d. Lot 18, Black 1, shall be revised to have at least 100 feet of width at the required setback line on "Huntington Lane." e. Change "Huntington Court" or "Huntington Lane" to a name acceptable to the Director of Public Safety. f. The right-of-way for "Spring Side Court" shall be extended to the west property line. If the property to the west (2437 Linwood Avenue) does not develop at the same time as this site, a temporary cul-de-sac shall be constructed entirely on the subject site. When the property to the west does develop, the owner shall be responsible for constructing the entire permanent cul- de-sac and for sodding the yard area on this site encroached on by the temporary cul-de-sac. If the applicant and the owner of 2437 Linwood Avenue cannot agree on the location for the permanent cul-de-sac bulb, the City Engineer shall decide. g. Submitted of a signed developer's agreement for: (1) Hillwood Drive and the cul-de-sacs within the plat. If Spring Side Court will have a temporary cul-de-sac bulb, a recordable easement shall be submitted for the area outside of the right-of-way to be dedicated in the plat. (2) All required utilities, except those to be constructed by the City as part of the Sterling Street improvement. (3) Grading for an eight-foot wide trail referred to in Condition a.(6). Seconded by Mayor Greavu. Ayes - all. 8. Councilmember Anderson introduced the following resolution and moved its adoption: 87-8- 159 WHEREAS, the City of Maplewood initiated a rezoning from F, farm residence to R-1, single dwelling for the following-described property: - 11 - 8/24 The East Half of the Southeast Quarter of the Southwest Quarter of Section 12, Township 28 North, Range 22 West, City of Maplewood, Ramsey County, Minnesota. AND that part of the West Half of said Southeast Quarter of the Southwest Quarter of Section 12 lying northerly of the South 500.00 feet thereof. Excepting therefrom the west 219.76 feet of the north 150.00 feet of said West Half of the Southeast Quarter of the Southwest Quarter of Section 12. 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 August 17, 1987. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on August 24, 1987, 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 find- ings 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 adequat- ely safeguarded. 3. Tfie proposed change will serve the best interests and conveni- ences of the community, where applicable and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. 5. This rezoning will eliminate any nuisance situations that could occur due to farm-related uses, such as the raising of live- stock, in a residential area. Seconded by Councilmember Juker. Ayes - all. - 12 - 8/24 G. AWARD OF BIDS L Hillcrest Trunk Sanitary Sewer - Project 86-22. a. Manager McGuire presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 87-8-160 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Minn-Kota Excavating, Inc., in the amount of $757,886 is the lowest responsible bid for the construction of Hillcrest Trunk Sanitary Sewer, j City Project 86-22, and the Mayor and Manager are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilmember Juker. Ayes - all. H. UNFINISHED BUSINESS 1. Markfort Addition a. Preliminary Plat b. Public Improvement Project 1. Manager McGuire presented the Staff report. 2. Director of Community Development Olson presented the specifics of the proposal. 3. Mr. Ron Dahlquist, 1774 McMenemy, voiced his opinions on the proposal. 4. Councilmember Juker moved to adopt alternate No. 1 and approve the Markfort Addition preliminary plat (plans date stamped 7-2-87) subject to the following conditions before final plat approval: a. Final-platting shall be limited to Phase I until a con- struction contract(s) is signed for a storm water project to drain this area to Round Lake. Phase II must be platted as an outlot until this contract is signed. b. The Ripley Avenue right-of-way shall be moved five feet south, at its intersection with Desoto Street. The length of the west property line for each corner lot need not be altered. c. A drainage easement shall be shown on the outlot or buildable lots for Phase II for any portion of the planned two-acre-foot pond that will encroach upon this site. The location of this pond must be approved by the City Engineer. All future lots that will adjoin this easement shall have at least 10,000 square feet of area above the easement. - 13 - 8/24 d. Atwenty-foot-wide drainage easement shall be shown on Phase II from the south property line to the north prop- erty line, ending at the future two-acre-foot ponding easement. This storm sewer shall be constructed by the developer as owner of the outlot when the outlot is platted into buildable lots. The City Engineer shall approve the location of the easement to insure that it is properly located to drain the property to the south and this site to the future pond. e. A recordable quit-claim deed shall be submitted to the City Engineer for a 100-foot-diameter temporary cul-de-sac bulb for the west end of Ripley Avenue. f. Before final plat approval for Phase II, the onwer of the multiple dwelling property to the north must be given the opportunity to document his preference to route sanitary sewer for his property through the applicant's site, rather than to McMenemy Street. This documentation shall include the depth of the proposed multiple dwelling service connec- tions and the depth of the sanitary sewers that will be available to the property. If this information cannot be provided before final-platting of Phase I is requested, a twenty-foot-wide utility easement shall be shown on the outlot between future Ripley Avenue and the north line of the outlot. The City Engineer must approve the location. The elevation of the sewer in Phase I shall accommodate this requested sewer. The owner of the outlot shall deed to the City a five-foot-wide temporary construc- tion easement along each side of the permanent easement, if the outlot will be platted before this sanitary sewer will be constructed. The property owner shall pay for this sanitary sewer if the City Engineer determines there is a public need to route it through the applicant's site. If there is no public need, then the easement shall be vacated unless the property owner to the north guarantees its construction and the owner of the outlot and the City Engineer agree to the routing. g. The City Engineer shall approve final grading, utility, drainage and erosion control plans. A construction ease- ment(s) shall be obtained for any off-site grading. The drainage plan shall include a temporary pond if Phase I is developed before the area storm water project is under con- tract. This temporary pond must limit storm water discharge from the site to current levels. h. A signed developer's agreement shall be submitted to the City Engineer, with the required surety, for all required on-site public improvements, including: 1. A storm water pond 2. Storm sewer 3. Street and utilities - 14 - 8/24 i. If Council does not initiate a public improvement project to acquire right-of-way for Ripley Avenue, west of the plat, Phase II must be redesigned as a permanent cul-de-sac. Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu, Councilmembers Anderson, Juker & Wasiluk Nay - Councilmember Bastian. 5. Mayor Greavu introduced the following resolution and moved its adoption• 87-8- 161 WHEREAS, the City Council has proposed that the area described as: Ripley Avenue from McMenemy Street to approximately 250 feet east be improved by acquisition of a 60-foot wide right of way. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, 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 to whether the proposed improvement is feasible and should best be made as proposed, and the estimated cost of the improvement as recommended. Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers Anderson, Juker & Wasiluk Nay - Councilmember Bastian 2. Ordinance Temporary Beer and Wine Permit (2nd Reading) a. Manager McGuire presented the Staff report. b. Councilmember Anderson introduced the following ordinance and moved its adoption• ORDINANCE N0. 608 AN ORDINANCE AMENDING THE MAPLEWOOD CODE PERTAINING TO INTOXICATING LIQUOR AND ADDING PROVISIONS FOR TEMPORARY WINE AND LIQUOR LICENSES (ON SALE) THE COUNCIL OF THE CITY OF MAPLEWOOD DOES ORDAIN: Section 1. That Chapter 5 of the Maplewood City Code be and is hereby amended so as to add the following thereto: Section 5-85. Temporary Liquor Licenses. - 15 - 8/24 Notwithstanding any other provision of this chapter, a club or charitable, religious, or other non-profit organization in existence for at least three years may obtain on sale license to sell intoxicating liquor for consump- tion on the licensed premise only and in connection with a social event within the City sponsored by the licensee. The license may authorize on sales on the premises other than premises the licensee owns or permanently occupies. The license may provide that the licensee may contract for in- toxicating liquor catering services with the holder of a full year on sale - intoxicating liquor license issued by the City of Maplewood. The fee for such license shall be $135.00 per day, and shall be issued for not more than three consecutive days. No organization shall be granted more than two such licenses per calendar year. Section 5-86. Application Application for such temporary licenses shall be on forms provided by the City Clerk and shall contain such information as specified by the City Clerk including the following: 1. The name, address and purpose of the organization, together with the names and addresses of its officers. 2. The purpose for iahich the temporary license is sought, together with the place, dates, and hours during which wine or intoxicating liquor will be sold. 3. Consent of the owner or manager of the premises, or person or group with lawful resposibility for the premises." Section 2. That Chapter 5 of the Maplewood City Code be and is hereby amended so as to add the following thereto: "Section 5-135. Temporary Wine Licenses. Notwithstanding any other provision of this chapter, a bona fide non- profit charitable, religious or veterans organization may obtain an on sale license to sell wine not exceeding 14 percent alcohol by volume for consumption on the licensed premises only. The fee for such license shall be $135.00 per day, and licenses shall be issued for periods not to exceed three consecutive days. No organization shall be granted more than two such licenses per calendar year. Section 5-136. Application Application for such temporary licenses shall be on forms provided by the City Clerk and shall contain such information as specified by the City Clerk including the following: 1. The name, address and purpose of the organization, together with the names and addresses of its officers. 2. The purpose for which the temporary license is sought, together with the place, dates, and hours during which wine or intoxicating liquor will be sold. 3. Consent of the owner or manager of the premises, or person or - 16 - 8/24 group with lawful responsibility for the premises. Section 5.137. Application of other provisions of this .section. The following provisions of the Maplewood Code shall not apply to temporary wine licenses granted under this section: Section 5-128, 5-130, 5-131, 5-132 and 5-134." Section 3. This ordinance shall take effect and be in force the day after its passage, approval and publication. Passed by the Maplewood City Council this 24th day of August, 1987. Mayor ATTEST: City Clerk Seconded by Councilmember Wasiluk. Ayes - all. 3. Frost Avenue Assessment Appeals - Project 83-01 a. Manager McGuire presented the staff report. b. Councilmember Anderson moved to deny the request of the Maplewood Moose Lodge for revision of their assessment. (15-29-22-23-0051) Seconded by Mayor Greavu. Ayes - all. c. Mayor Greavu moved to deny the request of Ione May Olson 1932 English for revision of the assessment. (15-29-22-23-0052L Seconded by Councilmember Juker. Ayes - all. d. Councilmember Juker moved to deny the request of R. C. Dean 1881 Ide Street for cancellation of the assessment. (15-29-22-32-0036) Seconded by Councilmember Anderson.. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Wasiluk Nay - Councilmember Bastian e. Councilmember Anderson moved to cancel the Frost Avenue Protect 83-01 assessments for the following parcels: - 17 - 8/24 15-29-22-32-0077 Wayne Lindahl, 1876 English $7,657.78 15-29-22-32-0078 Wayne Lindahl, 1870 English 5,296.35 15-29-22-32-0099 Wayne Lindahl, 1870 English 289.85 15-29-22-32-0080 Wayne Lindahl, 1870 English 2,429.63 15-29-22-32-0083 Wayne Lindahl, 1840 English 2,901.60 Seconded by Mayor Greavu. Ayes - all. f. Councilmember Anderson moved to deny the request of Glacier Park Company for revision of the assessment. (16-29-22-41-0031) Seconded by Councilmember Juker. Ayes - al L g. Mayor Greavu moved to deny the request of Stephen Continenza 1160 Frost Avenue for cancellation or revision of the assessment. (16-29-22-42-0001 and 0002 . _ Seconded by Councilmember Anderson. Ayes - all. h. Councilmember Anderson moved to deny the request of Patricia Titus 1125 Ripley Avenue for cancellation of the assessment (16-29-22-42-0057) Seconded by Mayor Greavu. Ayes - all. I. NEW BUSINESS 1. Set 1988 Budget Meeting a. Council established a date of Monday, September 21, 1987, at 5:00 P.M., to discuss the budget. 2. East Community Family Center a. Oakdale Mayor Leo Hudalla, representing the Board of Directors and- Kathleen Jefferson, Executive Director of the East Community Family Center informed the Council of the services offered to the communities. b. Councilmember Anderson moved to budget an additional $5 000 per year to the East Communities Family Center with the condition that there be a yearly reviewal. Seconded by Councilmember Wasiluk. Ayes - all. 3. St. Paul Water Department a. Manager McGuire presented the staff report. b. Director of Public Works Ken Haider listed the specific problems area residents have experienced. c. The following area residents expressed their concerns: Clarence Olson, 50 E. Roselawn Colleen Engman, 94 E. Roselawn - 18 _ 8/24 Councilmember Anderson moved to waive the Rules of Procedure and extend the meeting until 11:15 P.M. Seconded by Councilmember Bastian. Ayes - all Resident at 91 E. Skillman Glenn Peterson, 1999 Jackson Ray Berggren, 1985 Jackson d. Council referred the item to Staff. 4. Limiting Growth a. Council tabled this item. 5. Ordinance Authorizing Issuance of Citations a. Manager McGuire presented the Staff report. b. Councilmember Anderson moved first reading of an ordinance authorizing certain City Employees to issue citations for code violations Seconded by Councilmember Juker. Ayes - all. 6. Domestic Intervention Project Grant a. Director of Public Safety Collins presented the Staff report. b. Lois Severson, St. Paul Intervention Project and Martin Costello, City Prosecuting Attorney, spoke on behalf of the program. c. Councilmember Bastian introduced the following resolution and moved its adoption• 87-8- 162 WHEREAS, the problem of family violence has reached epidemic levels in Ramsey County, and affects all aspects of our lives; and WHEREAS, violence- in the home is the underlying cause of increased street violence, childhood learning disabilities, teen-age pregnancy, drug abuse, alcoholism, rape, suicide and homicide; and WHEREAS, violence is learned behavior and children imitate their parents; and WHEREAS, the Mayor and City Council of Maplewood recognize the concept of intervening in order to interrupt this generational cycle of violence in the family by using the criminal justice system,to impose and enforce legal sanctions in order to control and end violence in the home; and WHEREAS, the Maplewood Intervention Project will start providing out- . reach services to domestic assault victims and assailants in October of 1987 and will be providing services to families who would otherwise not receive service (there is a 67~ turn-away at metro area shelters); and - 19 - 8/24 _ _ WHEREAS, the Maplewood Intervention Project is committed to working cooperatively with Maplewood City agencies and Ramsey County agencies to coordinate services to families suffering the effects of violence. NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council supports the program goals of the Maplewood Intervention Project and wishes to en- courage the further development of community support for this program. Seconded by Councilmember Anderson. Ayes - all. 7. Approval of Tower Plans and Easement Agreement - Water Service District 8 Improvements - Project 86-15 a. Director of Public Works Haider presented the Staff report. b. Mayor Greavu moved to authorize the agreement with property owners Ray and Chad Lemmons to acquire the Water Service District 8 tower site and the Sterling Street right of way. Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Wasiluk Nay - Councilmember Bastian 8. Municipal State Aid Street Fund Report a. Councilmember Anderson moved to direct Staff to have street construction plans submitted and approved by the district state aid engineer prior to December 31, 1987, and to prepare a Aland for Council approval outlining state- aid expenditures in 1988 and 1989. Seconded by Mayor Greavu. Ayes - all. b. Councilmember Anderson introduced the following resolution and moved its adoption• 87-8-163 WHEREAS, the City Council has proposed that the area described as Southlawn Drive between Beam Avenue and County Road D be improved by construction of sanitary sewer, water main, storm sewer and streets. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, PIINNESOTA, 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 to whether the proposed improvement is feasible and should best be made as proposed, and the estimated cost of the improvement as recommended. Seconded by Councilmember Juker. Ayes - all. 9. Addition to Battle Greek Park a. Councilmember Bastian moved that the Council support the acquisition of Parcel No. 81 in the Battle Creek Regional Park from Metro Council funds - ~0 - 8/24 and that the original agreement to reimburse the City for Parcel A be approved. Seconded by Councilmember Anderson. Ayes - all. 10. Sherwood Park/Vaughn, 1613 Sandhurst a. Councilmember Anderson moved to transfer $5000 from the Contingency Account to grade the Sherwood Park property north of the Vaughn's in order to relieve the Vaughn's situation. Seconded by Councilmember Juker. Ayes - Councilmembers Anderson, Bastian, Juker and Wasiluk. Nay - Mayor Greavu. J. VISITOR PRESENTATION None. K. COUNCIL PRESENTATIONS 1. Legal Advice a. Councilmember Anderson discussed when Council should !P~tain legal avice. 2. St. Paul Paper Box Access a. Councilmember Juker stated that paper boxes should be placed in no parking zones. There should not be any stopping or parking anytime. L. ADMINISTRATIVE PRESENTATION. None. M. ADJOURNMENT 11:18 P.M. City Clerk 2L _ 8/24