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HomeMy WebLinkAbout10.26.87 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, October 26, 1987 Council Chambers, Municipal Building Meeting No. 87 - 23 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers and was called to order at 7:02 P.M, by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present Charlotte Wasiluk, Councilmember Present C. APPROVAL OF MINUTES None. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Parking Ban 2. Bikeways 3. Ramp - 694 and County Road D 4. Twins Parade - Add Item I-11 5. Ramsey County League Local Government 6. Maplewood vs. Naegele 7. Purchase of Furniture - Police Department - Add Item I-12 Seconded by Councilmember Anderson. Ayes - all. E. CONSENT AGENDA Councilmember Wasiluk moved, seconded by Mayor Greavu Ayes - all to approve the Consent Agenda, Items E-1 through 3 as recommended. 1. Accounts Payable Approved the accounts (Part I, Fees, Services and Expenses check register dated October 15, 1987 through October 19, 1987 - $732,337.29: Part II, Payroll dated October 16, 1987 - Gross amount of $138,319.81) as submitted. 2. Write off of Uncollectible Ambulance Bills for 1985. Approved the write off of $4,257.18 of uncollectible ambulance bills as submitted. 10/26 3. Time Extension: 1177 Century (East County Line Fire Department) Approved the renewal of the conditional use permit for one year at 1177 Century Avenue, subject to the original conditions. F. PUBLIC HEARINGS 1. 7:00 P.M., Code Amendment: Planning Fees (2nd Reading) (4 Votes) a. Mayor Greavu convened the meeting for a public hearing regarding an increase in planning fees. b. Acting Manager Haider presented the Staff report. c. Director of Community Development Olson presented the planning fees in detail. 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. g. Mayor Greavu introduced the following ordinance and moved its adoption: ORDINANCE N0. 611A PLANNING FEES Section 1. Section 36-26 of the Zoning Code of the City of Maplewood is hereby amended as follows: Section 36-26. Fees. The following nonrefundable application fees shall be required: :F Zone Change $157.00 ~ Conditional Use Permit 157.00 Planned Unit Development 157.00 Comprehensive Plan Amendment 157.00 Variances: R-1 45.00 All other districts 89.00 # Vacations 50.00 Lot Divisions 33.00 for each lot created Preliminary Plat 157.00 Final Plat 33.00 # Home Occupation Permit 45.00 for the initial permit and 18.00 for an annual renewal %~This fee shall be increased by $12 for each affected property, to pay for the County's recording fee. Section 2. Section 36-258 of the sign code is amended as follows: - 2 - 10/26 Sec. 36-258. Fees. (1) A sign erection permit fee (except for billboards) shall be paid in accordance with the following schedule: .Square Feet Fee 1 - 10 $12 11 - 25 17 26 - 50 28 S1 - 100 67 over 100 122 (2) The fee for erection of billboards shall be $10.00 for the first five square feet, plus 52¢ for each additional square foot. (3) The annual license fee for billboards shall be $229. Section 3. This ordinance shall take effect on January 1, 1988. Seconded by Councilmember Wasiluk. Ayes - all. H. UNFINISHED BUSINESS 1. Code Amendment. Metal Pole buildings (2nd Reading) a. Director of Community Development Olson presented the Staff report. b. Commissioner Rossbach presented the Planning Commission recommendation. c. Councilmember Anderson introduced the following ordinance and moved its adoption• ORDINANCE N0. 612 AN ORDINANCE PERMITTING METAL POLE BUILDINGS IN M-1 DISTRICTS THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 1. Section 9-6 (a), Metal pole buildings, is amended as follows: (a) It shall be unlawful to erect a metal building in the City which is of a design commonly referred to as a "metal pole building," "pole barn" or "agri-building," unless such building: 1. Would be located in a F, Farm Residence District or unless such building 2, is a metal storage building commonly used as a back yard storage shed, or 3. is located in an M-1, 19.ght manufacturing or M-2, heavy manufacturing district ,and is substantially screened so as to be 80~ opaque as viewed from residentially-zoned land or streets. If the screening is removed or dies and is not replaced, the City Council may require removal of the build- , ing. If the value of the building exceeds $25,000, the City - 3 - 10/26 Council shall allow at least a five-year amortization period. Should any dispute arise over the classification of a proposed metal building, the director of Community Development shall de- termine whether the proposed metal building fits into the "metal pole building" category. Appeals of the Director's decision shall be made to the City Council for a determination of building type. Section 2. This ordinance shall take effect upon its passage and publication. Seconded by Councilmember Bastian. Ayes - all. F. PUBLIC HEARINGS (Continued) 2. 7:10 P.M., Preliminary Plat Revision - Cave's Nebraska Znd Addition a. Mayor Greavu convened the meeting for a public hearing regarding the proposal to revise Cave's Nebraska Addition preliminary plat to substitute two lots and an outlot for the previously approved 12 lot Nevada Court cul de sac. b. Acting Manager Haider 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 proponents. The following were heard: Sam Cave, Cave and Sons, the developer f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Mayor Greavu moved to approve Cave's Nebraska Second Addition preliminary plat subject to the following conditions being met before final approval• 1. An easement shall be shown on Outlot A that includes the wetland area - at or below an elevation of 998 feet. 2. Submit evidence that the sanitary sewer easement will be centered on the existing pipe. 3. Approval of final grading and erosion control plans. A 12-foot- wide driveway to each lot shall be shown on these plans. 4. The driveway to the south lot shall be located at least five feet from the south lot line and on the sanitary sewer easement. The driveway to the north lot shall be located five feet from the north line of the lot. This condition may be waived by the City if the Soil Conservation Service determines that this wetland is not needed for nutrient stripping. 5. Show a drainage easement over the wetland on Lots One and Two, except for the proposed driveways, or submit evidence from the Soil Conservation Service that this wetland is not needed for - 4 - 10/26 nutrient stripping. Seconded by Councilmember Juker. Ayes - all. 3. 7:20 P.M., Rezoning: 1716 Beaumont (Morris) (4 Votes) a. Mayor Greavu convened the meeting for a public hearing regarding the request of Joseph L. Morris for a zone change from R-1 single [dwelling residential to R-2, double dwelling residential so he can create a rental unit in his basement. b. Acting Manager Haider 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. Mr. Joseph Morris, the applicant, spoke on behalf of his proposal. f. Mayor Greavu called for proponents. None were heard. g. Mayor Greavu called for opponents. None were heard. h. Mayor Greavu introduced the following resolution and moved its adoption: 87-10- 198 WHEREAS, Joseph Louis Morris initiated a rezoning from R-1, single dwelling residential to R-2, double dwelling residential for the following- described property: Lots 26, 27 and the southerly 30 feet of Lot 28, Block 14, St. Aubin and Dion's Rice Street Addition. This property is also known as 1716 Beaumont Street, Maplewood; WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by Mr. Joseph Louis Morris, pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commission on October 5, 1987. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on October 26, 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. - 5 - 10/26 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 adequately safeguarded. 3. The proposed change will serve the best interests and conveni- ences of the community, where applicable and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. 5. The rezoning is compatible with the neighborhood. 6. Over fifty percent of the surrounding land owners are in favor of the zone change. 7. There would not be an adverse impact on density in the neighbor- hood, since the area is presently underdeveloped according to the maximum density allowed in the Land Use Plan. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Wasiluk Nays - Councilmember Juker. 4. 7:30 P.M., Conditional Use Permit: 1779 McMenemy Street (Mn. DOT) a. Mayor Greavu convened the meeting for a public hearing regarding the request of Minnesota Department of Transportation for approval of a con- . ditional use permit to construct a 56 x 160 foot metal pole building at 1779 McMenemy. b. Director of Community Development Olson presented the Staff report. c. Commissioner Rossbach presented the Planning Commission recommendation. d. Bruce Hanson Metro Area Superintendent, Mn. DOT, spoke on behalf of the proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. None were heard. - 6 - 10/26 g. Mayor Greavu closed the public hearing. h. Councilmember Anderson introduced the following resolution and moved its adoption• 87-10-199 WHEREAS, the Minnesota Department of Transportation (MN DOT) initiated a conditional use permit to construct a storage building within 350 feet of a residential district at the following-described property: Subject to McMenemy Street, the south 378 feet of the east 1/2 of the northeast 1/4 of the southeast 1/4 of Section 18, Tn 29, Rn.22. This property is also known as 1779 McMenemy Street. 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 October 5, 1987. The Planning Commission recommended to the City Council that said permit be approved. 2. The Maplewood City Council held a public hearing on October 26, 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. 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 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 properties. - 7 - 10/26 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 August 14, 1987, unless a change is approved by the City's Community Design Review Board. 2. The type of building must conform to Section 9-6 of City code, pertaining to metal buildings. Seconded by Gouncilmember Juker. Ayes - all. 5. 7:40 P.M., Maidment Terrace a. Preliminary Plat b. Rezoning 1. Mayor Greavu convened the meeting for a public hearing regarding the request of Karl and Patricia Maidment for approval of a preliminary plat of five lots fronting on a cul de sac and one large remnant lot fronting on McKnight Road. Staff is recommending a rezoning from F-farm to R-1 single dwelling. 2. Director of Community Development Olson presented the Staff report. 3. Commissioner Rossbach presented the Planning Commission recommenda- tion. 4. Karl Maidment, 824 So. McKnight, the applicant, spoke on behalf of the proposal. 5. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following voiced their views: Charles Bruzzone, 2271 Dahl Patricia Sano, 2270 Dahl James Brown, 377 Dorland Road 6. Mayor Greavu closed the public hearing. 7. Mayor Greavu moved Alternate B for the preliminary plat.. Motion died for lack of a second. - 8 - 10/26 8. Councilmember Anderson moved to approve the preliminary plat with - five lots on a cul de sac and one large remnant lot fronting on McKnight. Seconded by Councilmember Wasiluk. Ayes - Councilmembers Anderson, Bastian, Juker and Wasiluk Nays - Mayor Greavu. 9. Mayor Greavu introduced the following resolution and moved its adoption• 87 - 10 - 200 WHEREAS, the City of Maplewood initiated a rezoning from F, farm, to R-1, single dwelling, for the following-described property: The north 1/2 of the SW 1/4 of the NW 1/4 0£ the AIW 1/4 of Section 13, Township 28, Range 22. This property is also known as 810 and 824 South McKnight Road, Maplewood: 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 Commission on October 5, 1987. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on October 26, 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 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 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 ap~~ciable and the public welfare. 4. The proposed change would .zjve no negative effect upon the logical, efficient, and economical extension o£ public services and facilities, such as public water, sewers, police and fire protection and schools. - 9 - 10/26 5. This rezoning will eliminate the potential of any farm-related use, such as the raising of livestock, causing a nuisance in this single-dwelling neighborhood. Seconded by Councilmember Anderson. Ayes - all. 6. 7:50 P.M., Kohlman Lake Overlook a. Street Vacation b. Preliminary Plat c. Rezoning d. Public Improvement Project 1. Mayor Greavu convened the meeting for a public hearing regarding the request of Frank Frattalone for preliminary plat approval for 77 single dwelling lots, 40 lots to be in phase one, and to vacate a part of Beam Avenue. Staff is recommending rezoning of the proposed property plus 1193 and 1185 Beam Avenue from F-farm to R-1 Single dwelling and to initiate a public improvement project .for Carey Heights Drive. 2. Director of Community Development Olson presented the Staff report. 3. Commissioner Rossbach presented the Planning Commission recommen- dation. 4. Frank Frattalone, the developer, spoke on behalf of the proposal. 5. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following were heard: Arthur Mahnke, 1210 Beam Avenue Paul Lofgren, 1200 Beam Jeff Botz, 1747 Onacrest Patrick Keene, 1190 Beam Talmadge Carey Don Christianson, 1111 E. County Road C Resident, 1184 Beam Marilyn Vars, 1140 Beam 6. Mayor Greavu closed the public hearing. 7. Councilmember Anderson introduced the following resolution and moved its adoption• 87-20-201 WHEREAS, Frank Frattalone initiated proceedings to vacate the public interest in the follo~vng described Beam Avenue right-of-way located in the northeast quarter of Section 4, Township 29, Range 22; 1. That portion of said right-of-way located west of the fol- lowing described line: beginning at a point on the south line of said quarter and 875 feet east of the west line of said quarter, thence northwesterly to a point on the north line of said right-of-way, 810 feet west of the west line of said quarter. - 10 - 10/26 _ _ 2. The north three feet of said right-of-way located east of the line described in .description one and west of a line located five feet east of the east line of said quarter. WHEREAS, the procedural history of this vacation is as follows: 1. A majority of the owners of property abutting said street right-of-way have signed a petition for this vacation; 2. This vacation was reviewed by the Planning Commission on 'j October 5, 1987. The Planning Commission recommended to the City Council that this vacation be approved. 3. The City Council held a public hearing on October 26, 1987, to consider this vacation. Notice thereof was published and mailed pursuant to law. All persons present at this hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recom- mendations 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 de- scribed abutting properties: The SW 1/4 of the NE 1/4, and the west 180 feet of the south 350 feet of the SE 1/4 of the NE 1/4, except the south 183 feet of the east 175 feet thereof. All in Section 4, Townshp 29 N, Range 22 W. 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. In 1981, Council amended the comprehensive plan to eliminate the previously planned westerly extension of Beam Avenue to the northwest side of Kohlman Lake. 2. Construction of a street across the wetland area would be cost-prohibitive. 3. It is unlikely that the U.S. Corps of Engineers and the Department of Natural Resources would grant the permits necessary to construct a street through the wetland area. Seconded by Councilmember Juker. Ayes - all. 8. Councilmember Anderson moved approval of the Kohlman Lake Overlook preliminary plat, subject to the following conditions being satis- fied before final approval: a. A binding contract, acceptable to the City, must be signed to guarantee year-around access from County Road D over Carey Heights Drive until a permanent street is constructed. This contract must include a stipulation that snowplowing shall be accomplished with the same standards as required for City streets. A letter of credit may be required by the City to guarantee performance. The amount shall be determined by the Director of Public Works. - 11 - 10/26 _ As an alternative, a public street to County Road D must be guaranteed. b. The construction of Beam Avenue shall be guaranteed for Phase II. This guarantee must be a developer's agreement with the applicant or signing of construction contracts for a City project: Lot 28, Block Two, must be dropped from Phase 1. c. Outlot A shall be combined with the adjoining lot area if the Department of Natural Resources (DNR) has not approved the canal. d. If the proposed canal must be eliminated, the lots in Block Four adjacent to the "canal" may be reduced to 15,000 square feet of area. If an additional lot can be created, it may be added at the time of final platting. ' e. A recordable deed to transfer the title of Outlot B (dike and adjoining wetland) to the City shall be submitted. The applicant shall arrange for the inspection o£ the dike by all affected local, state and federal authorities. Any de- ficiencies in the dike structure shall be corrected prior to final plat approval or be guaranteed by letter of credit. f. A drainage easement shall be shown on the lots adjacent to proposed Outlot B over property to be at or below 864.6 feet of elevation. All lots must have the minimum lot area outside of this easement. g. The southeasterly portion of Lot One, Block Three, may be designated as an outlot if the developer and the Vars reach an agreement to create a lot as shown on page 18. At least 60 feet of frontage shall be transferred. The future lot shall comply with all City codes. h. Recording of a resolution to vacate the north three feet of the Beam Avenue and the right-of-way south and west of pro- posed Lot One, Block Three. i. The applicant shall construct a berm on the Var's property at 1140 Beam Avenue to screen their dwelling from Beam Avenue traffic, if there is enough room. This berming shall be as directed by the City Engineer. j. The common lot line for Lots 18 and 19, Block One, shall be shifted to the radial to the right-of-way line. k. Final grading, utility, drainage and, erosion control plans shall be approved by the City Engineer. These plans shall include, but not be limited to, the following items: (i) The provision of temporary on-site storm water ponding, as directed by the City Engineer, until the storm sewer system is operational. - 12 - 10/26 (2) Grading of the drainage and utility easement between proposed Lots Six and Seven, Block Four, to accommodate maintenance trucks. (3) The proposed building pad locations and elevations shall be shown for each lot. All basement floors shall be at an elevation of 864.6 feet or greater. The ap- proved building pad elevations may be varied from, pro- vided the changes are not inconsistent with intent of the plan. (4) The sanitary sewer shall be located deep enough to ac- commodate as much of the property to the north as possible. (5) Grading of Carey Heights Drive, near County Road D, to an acceptable grade for emergency vehicles, as determined by the City Engineer. (6) All areas graded but not developed shall be seeded to prevent erosion. (7) Construction traffic shall travel to County Road D. 1. An "as-built" survey shall be submitted to locate the founda- tion of the model home and garage on proposed Lot Four, Block Two. All required minimum setbacks shall be complied with or the lot lines shall be adjusted accordingly. m. Rename proposed "Duluth Street" to "Frank Street." n. Rename the portion of proposed "Beam Avenue" that is located northwest of proposed Lot 26, Block Two; to "Walter Street.: o. Rename "Carey Heights Drive" lying west of proposed "Duluth Street" to "Edward Street." p. Rename proposed "Duluth Court" to"Frank Court." q. Rename proposed "Lydia Court" to a name acceptable to the Public Safety Director. Comment: This street does not line up with any existing streets in the City. r. Submittal of a signed developer's agreement with required surety for all required public improvements, upgrading of the dike as necessary, construction of a berm on the Var's property (1140 Beam Avenue), erosion control and a temporary cul-de-sac at the end of Duluth Street. - 13 - 10/26 s. Provide an easement for the temporarycul-de-sac at the end of Duluth Street. t. The City must initiate a public improvement project to con- struct Carey Heights Drive north of the plat to County Road D. Seconded by Councilmember Juker. Ayes - all. 9. Mayor Greavu introduced the following resolution and moved its adoption: (Rezoning) 87 - 10 - 202 WHEREAS, the City of Maplewood initiated a rezoning from F, farm residence, to R-1, single dwelling, for the following-described properties: ' 1. The SW 1/4 of the NE 1/4, and the west 180 feet of the south 350 feet o£ the SE 1/4 of the NE 1/4, except the south 183 feet of the east 175 feet thereof. All in Section 4, Township 29 N, Range 22 W. 2. East 100 feet of west 105 feet of south 183 feet of SE 1/4 of NE 1/4 (subject to roads and easements) in Section 4, Township 29, Range 22. Also known as 1185 Beam Avenue. 3. East 75 feet of south 150 feet o£ west 180 feet of south 350 feet of SE 1/4 of NE 1/4 (subject to roads and easements) of Section 4, Township 29, Range 22. Also known as 1193 Beam Avenue 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 September 21, 1987. The Planning Commission recom- mended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on October 26, 1987 to consider this rezoning. Notice thereof was pub- lished 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. - 14 - 10/26 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 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. The proposed change would eliminate the potential o£ any nui- sance conditions that could result from farm-related uses, such as the raising of livestock, in a residential neighborhood. Seconded by Councilmember Juker. Ayes - all. 10. Mayor Greavu introduced the following resolution and moved its adoption: 87 - 10 - 203 WHEREAS, it is proposed to construct Carey Heights Drive from County Road D to the south as a public street with utilities and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY GOUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is 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 as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recom- mended. Seconded by Councilmember Anderson. Ayes - all. G. AWARD OF BIDS None. H. UNFINISHED BUSINESS (Continued) 2. Code Amendment: Lot Line Verification (2nd Reading) a. Acting Manager Haider presented the Staff report. b. Mayor Greavu introduced the following ordinance and moved its adoption• - 15 - 10/26 ORDINANCE N0. 613 AN ORDINANCE REQUIRING VERIFICATION OF LOT LINES FOR CONSTRUCTION THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 1. Section 9-8 is added as follows: Section 9-8. Verification of lot lines. Each building permit application for new construction of a principal building shall include a certified land survey by a registered land sur- veyor showing that permanent iron monuments have been placed at each lot corner. Iron monuments shall be visible at the time of footing form in- spection for all construction, including accessory buildings and additions. ' The City may waive all or part of this requirement if the City determines that stakes are not needed to determine whether the City's setback requirements are being met. Section 2. This ordinance shall take effect upon its passage and publication. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Wasiluk Nay - Councilmember Bastian. 3. Gode Amendment: Driveway Turn-around (2nd Reading) a. Acting Manager Haider presented the Staff report. b. Councilmember Anderson introduced the following ordinance and moved its adoption• ORDINANCE N0. 614 AN ORDINANCE REQUIRING DRIVEWAY TURN-AROUNDS FOR ALL NEW HOMES ON ARTERIAL STREETS Section 1. Section 29-90(e) is amended as follows: (e) A driveway turn-around must be constructed with each new home fronting on an arterial street, as designated in the City's Comprehensive Plan. (f) A variance from the standards set forth in this article may be allowed by the Public Works Department when the variance will facilitate the safe, efficient use of the property for a lawful purpose and will not interefere with the construction, maintenance or safe and efficient use of the street and its appurtenances by the public. Section 2. This ordinance shall take effect upon its passage and publi- cation. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson, Juker & Wasiluk Nay - Councilmember Bastian. - 16 - 10/26 4. Ordinance: Mining and Extraction (1st Reading) a. Manager McGuire presented the Staff report. b. Mrs. Carolyn Peterson, 1999 Jackson, presented comments regarding the operations of the St. Paul Water Department at the Maplewood plant. c. Mayor Greavu moved first reading of an ordinance regulating mining extracting, and hauling from areas in the City. Seconded by Councilmember Juker. Ayes - all. 5. Representation, and/or Advisory Committee for St. Paul Water Board. a. Acting Manager Haider presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption• 87-10-204 Water Pumping and Treatment Plant owned by the St. Paul Board of Water Com- missioners and located in the City of Maplewood. WHEREAS, the water pumping and treatment plants operated by the St. Paul Board of Water Commissioners are located outside the city limits of St. Paul, specifically in the City of Maplewood; and WHEREAS, the operation of such plants have a great impact on the Cities where such plants are located, specifically impacting the City of Maplewood to the detri- ment of its citizens; and WHEREAS, the citizens of the impacted areas, such as the City of Maplewood are forced to suffer the burdens of the Water Plants operated by the St. Paul Board of water Commissioners, including loud noise, dust, and increased traffic due to the operation of such plants, without having any imput as to the operations of such plants. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL, for the above reasons, that: 1. The State legislature amend the governing statute, so that one member of the St. Paul Board of Water Commissioners be a resident of a muni- cipality which is effected by the operation of a facility operated by the St. Paul Board of Water Commissioners, and a non-resident of the City of St. Paul. 2. The St. Paul Board of Water Commissioners voluntarily consent and agree to proposed regulations and ordinances by neighboring munici- palities of St. Paul, which desire to regulate such plants for the health, safety and welfare of the neighboring municipalities, with- out impringing on the necessary functions of such plants. Seconded by Councilmember Wasiluk. Ayes - all. c. Councilmember Bastian moved to direct Staff to "work out" an advisory commit- . tee with neighbors, staff, etc. - 17 - 10/26 Seconded by Mayor Greavu. Ayes - all. I. NEW BUSINESS 1. KARE 11 - Dream House Item deleted from Agenda. No one in attendance to make the presentation. 2. Initiate Code Amendment: Sign Height a. Mr. Ron Ringling spoke on behalf of Days Inn requesting the code amend- ment be initiated.. b. Mayor Greavu moved to initiate a code amendment regarding sign height. Seconded by Councilmember Juker. Ayes - all. 3. Para Transit Joint Powers Agreement a. Councilmember Wasiluk moved to approve a Para Transit joint powers agreement that establishes a commission to implement the Northeast Suburban Transit program. Seconded by Councilmember Anderson. Ayes - all. 4. Indemnification Limitations Ordinance (1st Reading) a. Councilmember Juker moved first reading of an ordinance providing for indemnification for City officers and employees. Seconded by Councilmember Anderson. Ayes - all. 5. Request from Dispute Resolution Center a. Robert Friedlander, Executive Director, Dispute Resolution Center, explained the services provided by his organization and requested Council to voluntarily contribute $250.00 to provide for administrative support for Maplewood. b. Councilmember Juker moved to table for further information. Seconded by Councilmember Anderson. Ayes - all. Councilmember Juker moved to extend the meeting past the deadline. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Wasiluk. Nay - Councilmember Bastian. 6. Discussion of Walkout Basements a. Councilmember Anderson moved first reading of an ordinance amending Section 36-497 (d) to add the stipulation that all structures must be built= one foot above the 100 year flood plain elevation level whether it is in the flood plain district or not. - 18 - 10/6 Seconded by Councilmember Juker. Ayes - all. 7. Acquisition of Harvest Park a. Mayor Greavu moved authorization to purchase the propert at 2477 Barclay for $42,000 with the funds appropriated from the Commercial PAC account. Seconded by Councilmember Wasiluk. Ayes - all. 8. Discussion of State Aid Streets a. Acting Manager Haider presented the Staff report. b. No action taken. 9. Resolution - John Hollman a. Mayor Greavu introduced the following resolution and moved its adoption: 87-10-205 Concerning water cash connection charges, installment payments of connection charges and hardship of John Hollman. WHEREAS, pursuant to Minn. Stat. §444.075 and Maplewood Code of Ordi- nances Section 35-23, the City of Maplewood has authority to charge for connections to city water services and has the authority to allow install- ment payments for such connection charges; and WHEREAS, John Hollman, who resides at 2316 Stillwater Road, Maplewood, has requested to be connected to city water on Bush'Avenue; and WHEREAS, city water is not available on Stillwater Road; and, WHEREAS, John Hollman has obtained an easement across County property for such water services; and WHEREAS, John Hollman's well has been found to be unuseable in its present condition by experienced well contractors; and WHEREAS, Sohn Hollman has represented to the City of Maplewood that the well cannot be repaired without exorbitant costs; and WHEREAS, no other source of water is readily available to John Hollman and his family; and WHEREAS, John Hollman has shown financial hardship, and is unable to pay cash for the connection to city water immediately upon connection to city water services. NOW, THEREFORE, be it resolved by the Maplewood City Council that: - 19 - 10/26 The City Clerk shall certify to the County Auditor the amount of $2670.84 for the water cash connection charge for City of Maplewood water services, and also shall forward to the County Auditor the legal description of John Hollman's property which is: .Lot 3, North one-half of Lot 3, Auditors Subdivision 77, according to the plat thereof and on file with the Ramsey County Recorder. Such connection charge shall be collected with the .property taxes be- ginning in 1988 and each subsequent year until 1990. Seconded by Councilmember Juker. Ayes - a1L 10. Hardship Ordinance a. Council directed Staff to place on next agenda. 11.~ Twins Parade a. Councilmember Anderson wished the City of Maplewood employees have the opportunity to go to the Twins Parade. b. Acting Manager Haider stated he had checked with other cities and that the office would remain open and if an employee wanted to go they could take vacation. 12. Purchase of Table a. Mayor Greavu moved authorization for the purchase of a table to complete the fourth desk in the police department clerical area. Seconded by Councilmember Anderson. Ayes - all. J. VISITOR PRESENTATIONS None. K. COUNCIL PRESENTATIONS 1. Parking Ban a. Councilmember Bastian requested Staff to review the overnight parking ban. 2. Bikeway a. Councilmember Bastian stated there is a bikeway plan down to Marv Anderson's Addition and one bikeway is quite steep and the residents feel it would be a hazard. It is located by Highpoint Avenue between Mailand and Londin Lane. b. Staff will investigate. - 20 - 10/26 3. Ramp - 694 and County Road D a. Councilmember Anderson requested Staff contact Mn. DOT regarding the ramp at 694 and County Road D. 4. Twins Parade Discussed under I-11. 5. Ramsey County League Local Government a. Councilmember Wasiluk stated she had attended the RCLLG Meeting and discussion was held regarding the location of the Ramsey County Library. Shoreview and New Brighton are lobbying for it to be located in their communities. She stated she will make Maplewood's views known. L. ADMINISTRATIVE PRESENTATIONS None. M. ADJOURNMENT Council adjourned the meeting at 10:50 P.M, to reconvene in closed session to meet with the City Attorney. City Clerk - 21 - 10/26