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HomeMy WebLinkAbout06.27.88 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P,M., Monday, June 27, 1988 Council Chambers, Municipal Building Meeting No. 88-14 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 by Mayor Greavu at 7:00 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 George 'F. Rossbach, Councilmember Present C. APPROVAL OF MINUTES 1. Meeting No. 88-8 (April 25, 1988) Councilmember Anderson moved to approve the Minutes of Meeting No. 88-8 (April 25, 1988) as corrected: Page 14, Items K-4 A-1 "is filled with dirt" not "over$iovting" Seconded by Councilmember Rossbach. Ayes - all. 2. Meeting No. 88-8A (April 28, 1988) Councilmember Bastian moved to approve the Minutes of Meeting No. 88-8A (April 28, 1988) as submitted. Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers Bastian, Juker & Rossbach Councilmember Anderson abstained. 3. Meeting No. 88-11 (May 23, 1988) Councilmember Anderson moved to approve the Minutes of Meeting No. 88-11 (May 23, 1988) as corrected: Page 9, Item F-2-12 "Motion died for lack of a second." Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Rossbach. Councilmember Bastian abstained. 6/27 D. APPROVAL OF AGENDA Councilmember Bastian moved to approve the Agenda as amended: 1. Add Item I-11, Water Department 2. Add Item I-12, Maplewood Meadows 3. East Community Family Services Board 4. Dust Erosion 5. Water Tips 6. Group Home 7. Open Space 8. Recycling in Parks 9. Blind Access - County Road C 10. Transient Businesses 11. New Library - Resolution, Item I-13 12. Resolution - Highwood Avenue and Lakewood. Seconded by Councilmember Rossbach. Ayes - all. E. CONSENT AGENDA Councilmember Anderson moved, seconded by Councilmember Rossbach, Ayes - all to approve the Consent Agenda as recommended: 1. Accounts Payable Approved the accounts (Part I, Fees, Services, Expenses, check register dated 6-21-88 - $407,354.58: Part II, Payroll, pay period ending 6-03-88 - $151,516.23';1-. pay period ending 6-17-88 - $155,323.13) as submitted. 2. Budget Transfer - Audit Costs Approved a budget transfer of $4,560 from the General Fund Contingency Account to finance the audit bill. 3. Budget Transfer - Insurance Deductible Authorized the City Manager to approve budget transfers from the General Fund Contingency Account for uninsured losses in excess of $250.00. 4. Employee Assistance Program Authorized the renewal of the contract with T.E.A.M. for one year at the rate of $12.00 per employee per year. 5. Water District No. 6 - Reduction of Retainage Approved that the retainage for the water tower, Project 86-03 be reduced to 2~. 6. Fill Vacancy in Utility Division Authorized the filling of the vacancy in the Utility Division. 7. Overlay Program Approved the overlay program as submitted. - 2 - 6/27 F. PUBLIC HEARINGS 1. 7:00 P.M., 2280 Stillwater Avenue (Lincoln Park Seniors Residence) a. Plan Amendment (4 Votes) b. Rezoning (4 Votes) c. Variance - Four Stories d. Variance - Area Unit e. Reduced Parking f. Conditional Use Permit - Four Stories 1. Mayor Greavu convened the meeting for a public hearing regarding the proposal to construct an 86 unit multiple dwelling for older adults. The project requires the following approvals: a. A land use plan amendment from C, church, to RH, residen- tial high density, and RL, residential low density. b. Rezoning from R-1, single dwelling, to R-3, multiple dwelling. c. A variance or code amendment to construct a four-story struc- ture that is one story taller than permitted in the shoreland of Beaver Lake. d. A variance or a code amendment to allow 1,520 square feet o£ area per unit, rather than the 5,000 square feet per unit required in the shoreland of Beaver Lake. e. Approval to allow 111 fewer parking spaces (74 open and 37 garage) than generally required for multiple dwellings. f. A conditional use permit to exceed three stories of building height. 2. Manager McGuire presented the Staff report. 3. Director of Community Development Olson presented the specifics of the proposal. 4, Commissioner Mike Ayers presented the Planning Commission recom- mendation. 5. Mayor Greavu called for proponents. The following were heard: Mary Hagglund, representing Community for Affordable Senior Housing Harry Olson, Architect for the proposal., Muffie, Gabler, Westminster Management Joe Bolan, Vice President of Community for Affordable Senior Housing. 6. Mayor Greavu called for opponents. The following were heard: Resident, 910 No. McKnight Road Matt Brockway, 918 No. McKnight Road - 3 - 6/27 _ _ Bill Robbins, 2277 Stillwater Sue Fiola, 2293 Stillwater Letter from Mary and Susan Hayes, 834 No. McKnight Road 7. Mayor Greavu closed the public hearing. 8. Plan Amendment Mayor Greavu introduced the following resolution and moved its adoption: 88-6-91 WHEREAS, the Community for Affordable Senior Housing (C.A.S.H.) initiated an amendment to the Maplewood. Comprehensive Plan from C, church, to RH, residential, for the undeveloped land on the south and west sides of the Beaver Lake Lutheran Church property. This property is more commonly described as 2280 Stillwater Avenue. WHEREAS, the procedural history of this plan amendment is as follows: 1. The Maplewood Planning Commission held a public hearing on May 2, 1988, to consider this plan amendment. 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 Planning Commission recommended to the City Council that said plan amendment be approved. 2. The Maplewood City Council considered said plan amendment on June 27, 1988. The Council considered report and recommenda- tions from the Planning Commission and City Staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above-described plan amendment be approved on the basis of the following findings of fact: 1. Beaver Lake Lutheran Church has declared this area as excess property for church purposes. 2. The RH, residential high density designation, is compatible with the existing RH development to the east (Silver Ridge Apartments), the planned RH development to the southeast, and the church use to the west and northwest. 3. The RL designation along the McKnight Road frontage would be com- patible with the single dwellings across the street. 4. The proposed structure would be at least 400 feet from the nearest single dwellings. Seconded by Councilmember Bastian. Ayes - all. 9. Rezoning Mayor Greavu introduced the following resolution and moved its adoption: - 4 - 6/27 88-6-92 WHEREAS, Community for Affordable Senior Housing (C.A.S.H.) initiated a rezoning from R-1, single dwelling to R-3, multiple dwelling for the following-described property: (Legal description to be filled in once an RLS or plat description is available. The area to be rezoned is shown on Page 16.) 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 May 2, 1988. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on June 27, 1988, 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 and the comprehensive plan. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, and the public welfare because additional senior housing opportunities will be provided, for which a demand has been demonstrated. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facili- ties, such as public water, sewers, police and fire protection and schools. Seconded by Councilmember Bastian. Ayes - all. 10. Variance - Four Stories Mayor Greavu moved to table the variance for four stories item until the meeting of July 11, 1988. Seconded by Councilmember Bastian. Ayes - all. - 5 - 6/27 11. Variance - Area Unit Reduced Parking Conditional Use Permit - Four Stories Councilmember Bastian moved to table the variance for area units• reduced parking and the conditional use permit for four stories until the meeting of July 11 1988. Seconded by Councilmember Juker. Ayes - all. 2. 7:10 P.M., Code Amendment: Shoreland Overlay District - 2nd Reading (4 Votes) Mayor Greavu moved to table this item until the July 11 1988 Meeting. Seconded by Councilmember Bastian. Ayes - all. 3t- 7:20 P.M., Cope Avenue Improvement 85-26 Public Hearing a. Mayor Greavu convened the meeting for a public hearing regarding the proposal to improve Cope Avenue from White Bear to Ariel Street by con- struction of water main, sanitary sewer, storm sewer, services and street with concrete curb and gutter. b. Manager McGuire presented the Staff report. c. City Attorney Bannigan explained the legal procedures of the public hearing. d. Director of Public Works Haider presented the specifics of the proposal. e. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following voiced their opinions: Nancy Anderson, 1586 Lakewood Drive Tony Oswald, 1700 No. Rosewood Ave. E. Charles Themmes, 1928 Castle Ave, John Glasau, 2271 Craig Place James Pomush, 7 W.Golden Lake Road, Circle Pines Helga Gerhke, 1917 E. Cope Luther Gerhke, 1917 E. Cope f. Mayor Greavu closed the public hearing. g. Mayor Greavu introduced the following resolution and moved its adoption• i 88-6-93 WHEREAS, after due notice of public hearing on the construction of water main, sanitary sewer, storm sewer, services and street with concrete curb and gutter on Cope Avenue from White Bear Avenue to A~rel Street, known as City Project 85-26, a hearing on said improvement in accordance - 6 - 6/27 _ _ _ with the notice duly given was duly held on June 27, 1988, and the Council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is advisable, expedient and necessary that the City of Maplewood construct water main, sanitary sewer, storm sewer, services and street with concrete curb and gutter on Cope Avenue from White Bear Avenue to Ariel Street as described in the notice of hearing thereof, and orders the same to be made. 2. The City Engineer is designated Engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmember Anderson, Juker and Rossbach Nay - Councilmember Bastian. G. AWARD OF BIDS 1. Property Liability and Worker's Compensation Insurance. a. Manager McGuire presented the Staff report. b. Director of Finance Faust explained the bids. c. Mayor Greavu moved to approve the following: 1. Continuance of LMCIT and Hartford coverages through the Ekblad, Pardee and Bewell Agency without-the optional coverages for pollution and inverse condemnation. 2. Selection of a retro rating plan for workers compensation coverage with the LMCIT. Seconded by Councilmember Anderson.. Ayes - all. H. UNFINISHED BUSINESS 1. Dental Insurance for Retirees a. Manager McGuire presented the Staff report. b. Councilmember Anderson introduced the following resolution and moved its adoption• 88-6-94 WHEREAS, the City of Maplewood presently offers its active employees group dental insurance, and - 7 - 6/27 - WHEREAS, certain employees have expressed an interest in continuing group dental insurance as part of the City's group after retirement, and WHEREAS, the City has no objection at this time to allowing retirees having a minimum of 20 years service with Maplewood and being at least 55 years old to participate in the City's group dental insurance at the retiree's cost for as long as they are eligible- to continue in the City's Group Health Insurance Plan, and WHEREAS, the City does not warrant, guarantee nor does it recognize any vested rights accruing to retirees that may participate in the City's group dental insurance, and WHEREAS, the City may from time to time change or eliminate the benefits available through the group dental insurance. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD, MINNESOTA CITY COUNCIL that retirees meeting the following conditions be allowed to participate in the City's group dental insurance-plan: 1. Request the group dental insurance prior to retirement. (This pro- gram is not available to individuals already retired or those that do not make a request prior to retirement.) 2. Have attained the age of 55 years and been employed by the City for at least 20 years. 3. Sign a waiver stating the City can change or eliminate the program at its discretion and agreeing to pay all costs associated with the group dental insurance provided. BE IT FURTHER RESOLVED, that this policy is retroactive. to January 26, 1987. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Rossbach Nay - Councilmember Bastian 2. Code Amendment: Residential Uses/Home Occupation - 2nd Reading (4 Votes) a. Manager McGuire presented the Staff report. b. Councilmember Bastian introduced the following ordinance and moved its adoption• ORDINANCE N0. 627 AN ORDINANCE PERTAINING TO THE REGULATION OF HOME OCCUPATIONS AND THE USES PERMITTED IN RESIDENTIAL DISTRICTS THE MAPLEWOOD CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Sec. 36-6 (Zoning Cade). Definitions are hereby amended to include the following: - 8 - 6/27 i _ _ _ _ Commercial equipment: Equipment not normally associated with residential use, including cement mixers, snow plows, or heavy duty compressors. Heavy commercial vehicle: A vehicle including trailers, with more than a three-quarter ton payload rating. Tractor trucks, wreckers, backhoes or dump trucks are included in this definition. This definition does not in- clude the resident's recreational vehicles. Light commercial vehicle: A vehicle with a payload rating of three-quarter ton or less on which is attached a snow plow, glass carrier, crane or similar commercial attachment. Premises: A tract of land, including any buildings thereon. Section 2. Article II, Division 2 (F, farm residence district) is amended as follows: DIVISION 2. F, FARM RESIDENCE DISTRICT Sec. 36-51. Permitted uses. The only uses permitted in a F, Farm Residence District are as follows: (1) Any use permitted in the R-1 Residence District. (2) General farming or gardening, including the use or storage of associated farm equipment. (3) Commercial greenhouses and nurseries. (4) Permanent stands for the sale of agricultural products produced on the pnemises. These stands to be constructed according to setback rules and regulations. Sec. 36-52. Conditional uses. The following uses may be permitted by conditional use permit: (1) Any use allowed by conditional use in the R-1 Residence District, except that equipment used for on-site farming shall be a permitted use. (2) Livestock raising and handling. (3) Manufactured home park. (4) Golf Course Sec. 36-53-36-65. Reserved. Section 3. Sec. 36-66. Permitted uses (R-1, single-dwelling district) is hereby amended as follows: - 9 - 6/27 Sec. 36-66. Uses. a. Permitted uses. The only uses permitted in the R-1 Residence District are as follows: (1) No more than one single-family dwelling and its accessory buildings on each lot. (2) Public parks and play grounds. (3) Home Occupations, subject to the licensing requirements stated in Article II, Chapter 17. Home occupations shall include commercial plant nurseries and greenhouses from a property with a dwelling. (4) One manufactured home may be temporarily parked on improved ` property temporarily with City Council approval by special permit. The City Council shall set the time period and condi- tions of use. (5) No more than one light commercial vehicle with each house. b. Conditional uses. The following uses may be permitted by condi- tional use permit: 1. The storage or parking of heavy commercial vehicles or equipment, or more than one light commercial vehicle, unless used for author- ized on-site construction. 2. Golf Courses c. Prohibited uses. The following uses are prohibited: 1. The raising or handling of livestock or animals causing a nuisance, except for licensed kennels. 2. Accessory buildings without an associated dwelling on the same premises. 3. Commercial plant nurseries, commercial greenhouses, farms or any structure for the sale or display of commercial products, when not on a property with a residential use. Section 4. Sections 36-81 and (R-E, Residential Estate District) are amended as follows: Section 36-81. Permitted and conditional uses. Any permitted or conditional use permitted in an R-1 Residence District (single dwelling) is permitted in a R-E Residence Estate District. Section 36-82. Accessory uses. Prohibited uses. Any accessory use permitted in an R-1 Residence District (single dwelling) is permitted in the R-E Residence Estate District, except: - 10 - 6/27 (1) Used car lots. (2) The wrecking of automobiles or trucks including the sale of used cars. Any prohibited use in the R-1 district is prohibited in the R-E District. Section 5. Section 36-86 (R-2, Double Dwelling District) is hereby amended as follows: Section 36-86. Uses. a. Permitted uses. The only uses permitted in the R-2 Residence District are as follows: 1. Any permitted use in the R-1 District. 2. Double dwellings. b. Conditional uses. The following uses may be permitted by conditional use permit: 1. Any use permitted by conditional use permit in the R-1 District. Section 6. Section 36-94 is added to the R-2 District: Sec. 36-94. Minimum floor areas. The minimum habitable floor area for each R-2 Residence District dwelling unit shall be at least: five hundred eighty (580) square feet per ef- ficiency or one-bedroom unit; seven hundred forty (740) square feet per two-bedroom unit; eight hundred sixty (860) square feet per three-bedroom unit; one thousand forty (1,040) square feet per four-bedroom unit. ' Section 7. Section 36-108 (R-3 Multiple Dwelling District) is hereby amended as follows: Sec. 36-108. Uses. a. Permitted uses. The only uses permitted in the R-3 District are as follows: 1. Multiple dwellings, including double dwellings. 2. Any use permitted in the R-1 District, except single-family dwellings. b. Conditional uses. The following uses may be permitted by conditional use permit: 1. Any use permitted by conditional use permit in the R-1 District. 2. Boarding or lodging house, except a hotel or motel. 3. Nursing home. c. Prohibited use: asingle-family dwelling - 11 - 6/27 Section 8. Sec. 17-21 to 17-25 (Home Occupations) is hereby amended as follows: Section 17-21. License requirements. (a) Home occupations shall require a license if any of the following circumstances would occur more than 30 days each year: 1. Employment of a nonresident in the home occupation. 2. Customers visiting the premises. 3. Manufacture of products on the premises. 4. More than one vehicle associated with the home occupation which is classified as a light commercial vehicle. 5. A vehicle(s) used in the home occupation, and parked on the premises, which exceeds a three-quarter ton payload capacity. (b) Home occupations requiring a license shall be subject to, but not limited to, the following requirements: 1. No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood. The need for off-street parking shall not ex- ceed more than three off-street parking spaces for home occupa- tion at any given time, in addition to the parking spaces re- quired by the residents. 2. No more than one nonresident employee shall be allowed to work on the premises. Nonresident employees who work off premises may be allowed to visit the premises. If an on-site employee is parking on-site, off-site employees shall not leave their vehicles on-site. If there is no on-site employee vehicle parked on-site, one off- . site employee vehicle may be parked on-site. 3. No vehicle associated with the home occupation, including customers or employees, shall be parked on the street or block sidewalks or public easements. Private vehicles used by the residents shall not be included in this requirement. 4. An area equivalent to no more than twenty (20) percent of each level of the house, including the basement and garage, shall be used in the conduct of a home occupation. 5. There shall be no change visible off premises in the outside appearance of the building or premises that would indicate the conduct of a home occupation, other than one sign meeting the requirements of the City sign code. - 12 - 6/27 6. No more than 20~ of business income shall come from the sale of products produced off-site unless approved by the City Council. 7. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or ~ television receivers off the premises, or causes fluctuations in j line voltage off the premises. 8. There shall be no fire, safety or health hazards. 9. A home occupation shall not include the repair of internal combus- tion engines, body shops, machine shops, welding, ammunition manu- facturing or other objectionable uses as determined by the City. Machine shops are defined as places where raw metal is fabricated, using machines that operate on more than one hundred twenty (120) volts of current. 10. Any noncompliance with these requirements shall constitute grounds for the denial or revocation of the home occupation license. 11. The City may waive any of these requirements if the home occupa- tion is located at least three hundred fifty (350) feet from the property line of an adjacent residence. 12. The City Council may add any additional requirements that it deems necessary to insure that the operation of the home occupation will be compatible with nearby land uses. Section 17-22. Original license approval procedure. An application for home occupation shall be filed with the Director of Community Development. Upon receipt of a complete application, the Director of Community Development shall prepare a recommendation to the Planning Commission. The Plan- ; ning Commission's recommendation shall be forwarded to the City Council for a public hearing. The City Council shall hold a public hearing on the request. Notice of the hearing shall be mailed to the owners of all properties located within 350 feet of the home occupation at least ten days prior to the date of the hearing. Said notice shall also be published in the official newspaper at least ten days prior to the date of hearing. Section 17-23. License renewal. ~ Each license holder shall apply to the City Clerk each January for renewal. Prior to issuance of a license renewal, the City shall determine that all licensing conditions and city ordinances are being met. The City Clerk shall revoke the license where compliance with the licensing conditions or City ordinances cannot be obtained or where the home occupation has been discontinued. Revocation may occur at any time that compliance with license conditions or City ordinance cannot be obtained. - 13 - 6/27 Section 17-24 Appeal. The owner or his assign of a home occupation whose license has been revoked by the City Clerk may appeal the decision to the City Council. To request an appeal, a written letter of request must be submitted to the City Clerk within thirty (30) days of the license revocation. The City Council may revoke, approve or add additional conditions to the license. The City Council shall hold a public hearing, using the notification procedures in Section 17-22, before deciding on the appeal. Section 17-25. Transfer of license. No license granted for a home occupation shall be transferable from person to person or place to place. Section 9. This ordinance shall take effect upon its passage and publication. Seconded by Councilmember Rossbach. Ayes - Councilmembers Anderson, Bastian, Juker and Rossbach. Nays - Mayor Greavu. 3. Newsletter a. Manager McGuire presented the Staff report. b. Councilmember Bastian moved to authorize the change of format of the City Newsletter, "Maplewood In Motion." Motion died for lack of a second. c. Councilmember Bastian moved to table. Motion died for lack of a second. d. Councilmember Anderson moved to deny. Motion died for lack of a second. e. Councilmember Bastian moved to approve the change of format for the City Newsletter. Seconded by Councilmember Rossbach. Ayes - Councilmembers Bastian and Rossbach Nays - Mayor Greavu, Councilmembers Anderson and Juker. Motion defeated. 4. Kennel Permit: Sylvia Brown a. Manager McGuire presented the Staff report. - 14 - 6/27 _ b. Sylvia Brown, the applicant, spoke on behalf of her request for a kennel permit at 2095 Sloan Street. c. Mayor Greavu moved to deny the request of Sylvia Brown for a kennel permit. Seconded by Councilmember Anderson. Ayes - all. 5. Curbside Recycling a. Manager McGuire presented the Staff report. b. Cathy Juenemann, Waste Recycling Committee, spoke on behalf of the proposal. c. Councilmember Rossbach moved to advertise for bids for curbside recycling. Seconded by Councilmember Bastian. Ayes - Councilmembers Bastian and Rossbach Nays - Mayor Greavu, Councilmembers Anderson and Juker. Motion defeated. 6. Ski Jump Pond Project 87-21 a. Manager McGuire presented the Staff report. b. Councilmember Bastian moved to deny the Ski Jump Property Storm Water Pond, Project 87-21. Seconded by Councilmember Anderson. Ayes - All. I. NEW BUSINESS 1. Humane Society - Lynda Ahlgren a. A representative of the Humane Society of Ramsey County spoke requesting Council adopt an ordinance prohibiting the awarding of animals as prizes in games of chance. b. Councilmember Bastian moved first reading of an ordinance prohibiting awarding animals as prizes. Seconded by Mayor Greavu. Ayes - all. 2. Dege Garden Center a. Mr. George Dege requested clarification of his conditional use permit condition. b. Mr. Carl Norberg, Attorney representing the citizen group in the area, spoke on what the neighbors perceive the conditions to be. - 15 - 6/27 c. Mayor Greavu moved to table this item until July 11, 1988. Seconded by Councilmember Juker. Ayes - all. 3. Appeal of C.D.R.B. Condition (Finamart) a. Mayor Greavu moved to table this ~~em to the Julv 11, 1988 Meeting. Seconded by Councilmember Anderson. Ayes - all. 4. Housing Needs of the Homeless a. Manager McGuire presented the Staff report. b. Councilmember Bastian moved to involve the East Community Family Center in this matter. Seconded by Councilmember Anderson. Ayes - all. 5. Resolution: Heritage Theatre a. Manager McGuire presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 88-6-95 WHEREAS, the Heritage Theatre Company has proposed use of the Ramsey County Barn hayloft as a theater, which fulfills a need in this area of Ramsey. County, and WHEREAS, this proposal appears to meet that part of the Ramsey County Mission Statement, to wit, "support a rich, vital and diverse cultural environment in the arts, sciences and humanities", and, WHEREAS, Heritage Theatre Company members are known to this Council as reli~a~le, long-time, community-minded residents of Ramsey County, and, WHEREAS, the City Council of Maplewood supports this theater effort and will give every feasible assistance, NOW, THEREFORE, THE CITY COUNCIL OF MAPLEWOOD earnestly requests the Ramsey County Board of Commissioners to do all in their power to make this theater a reality. Seconded by Councilmember Rossbach. Ayes - all. 6. T.H. 120. Task Force Study a. Manager McGuire presented the Staff report. - 16 - 6/27 b. Councilmember Bastian introduced the following resolution and moved its adoption• 88-6-96 WHEREAS, Trunk Highway 120 serves as a major transportation facility; and WHEREAS, Trunk Highway 120 is in a deteriorating condition and needs to be upgraded to a higher design standard to meet existing and projected trans- portation needs; and WHEREAS, the Minnesota Department of Transportation has jurisdiction of Trunk Highway 120 and responsibility for its operation, maintenance and capi- tal improvements; and WHEREAS, the Minnesota Department of Transportation, in cooperation with the local municipalities and counties, has conducted a study, T.H. 120 Task Force Study, to determine the deficiencies and governmental support to re- construct Trunk Highway 120; and WHEREAS, said Study does recommend programming the reconstruction_of Trunk Highway 120 as part of the Minnesota Department of Transportation 20 Year Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLE- W00D, MINNESOTA as follows: 1. The City Council does hereby endorse the findings and .recommendations of the Trunk Highway 120 Task Force Study. 2. The City Council does hereby request the Minnesota Department of Transportation to incorporate the reconstruction of Trunk Highway 120 into its 1988 Edition of its 20 Year Plan. 3. The City Council does hereby request the Minnesota Department of Transportation to initiate further planning and engineering studies to expedite and implement the reconstruction of Trunk Highway 120. 4. The City Council does hereby request the Minnesota Department of Transportation to pursue all funding sources, including the establish- . went of new funding sources, to finance the hi hwa im rovements as g Y P set forth in the 20 Year Plan. Seconded by Mayor Greavu. Ayes - all. 7. Meyer Street - Schedule Assessment Hearing a. Manager McGuire presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: - 17 - 6/27 88-6-97 WHEREAS, the City Clerk and City Engineer have received bids for the improvement of Meyer Street Water Main, City Project 87-13. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City Clerk and City Engineer shall forthwith calcu- late the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment fn the City office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. -Seconded by Councilmember Anderson. Ayes - all. c. Mayor Greavu introduced the following resolution and moved its adoption: 88-6-98 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Meyer Street Water Main, City Project 87-13, and the said assessment is on file in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNE- SOTA: 1. A hearing shall be held on the 25th day of July, 1988, at the City Hall at 7:00 P.M., to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the pro- posed assessment roll is on file with the Clerk and that written or oral ob- jections will be considered. Seconded by Councilmember Anderson. Ayes - all. 8. Boxwood Avenue - Schedule Assessment Hearing a. Manager McGuire presented the Staff report. b. Councilmember Bastian introduced the following resolution and moved its adoption: - 18 - 6/27 88-6-99 WHEREAS, the City Clerk and City Engineer have received bids for the improvement of Boxwood Avenue from McKnight Road to Dorland Road, City Project 87-19. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City Clerk and City Engineer shall forthwith calcu- late the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assess- ment notify the Council thereof. Seconded by Mayor Greavu. Ayes - all. c. Councilmember Bastian introduced the following resolution and moved its adoption` 88-6- 100 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Boxwood Avenue from McKnight Road to Dorland Road, City Project 87-19, and the said assessment is on file in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 25th day of July, 1988, at the City Hall at 7:10 P.M, to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the Clerk and that written or oral objections will be considered. Seconded by Mayor Greavu. Ayes - all. 9. Highway 61 - Schedule Assessment Hearing a. Manager McGuire presented the Staff report. - 19 - 6/27 b. Councilmember Rossbach introduced the following resolution and moved its adoption• 88-6- 101 WHEREAS, the City Clerk and City Engineer have received bids for the improvement of Highway 61 Water Main from Kohlman Avenue to Beam Avenue, City Project 87-44. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City Clerk and City Engineer shall forthwith calcu- late the proper amount to lie specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. Seconded by Councilmember Anderson. Ayes - Atayor Greavu, Councilmembers Anderson, Juker and Rossbach Nays - Councilmember Bastian. c. Councilmember Rossbach introduced the following resolution and moved its adoption• 88-6-102 - WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Highway 61 Water Main, City Project 87-44, and the said assessment is on file in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 25th day of July, 1988, at the City Hall at 7:20 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, tfine and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the Clerk and that written or oral objections will be considered. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Rossbach Nay - Councilmember Bastian. - 20 - 6/27 10, Five-Year Capital Improvement Plan (4 Votes) Councilmember Bastian moved to table this item until July 11, 1988.. 11. Water Department a. Carolyn Peterson requested Council clarification of Section 36-595 of the Mineral Extraction Ordinance regarding "no operation closer than thirty (30) feet from the boundary of an adjoining property." She presented a preliminary sketch of the plans for terracing the neighbor's property to create a barrier from the water department property. b. Councilmember Bastian moved to authorize the Manager to forward a letter to the St. Paul Water Department informing, them of the neighbor's concerns and providing them with the Citv's interpretation of the Mineral Extract Ordinance. Seconded by Councilmember Anderson. Ayes - all. 12. Maplewood Meadows a. Councilmember Bastian moved to table this item and refer same to Staff. Seconded by Councilmember Anderson. Ayes - all. 13. Ramsey County Library a. Councilmember Bastian introduced the following resolution and moved its adoption• 88-6-103 WHEREAS, the Maplewood Mall area has been identified by the Library Board and the Board of Ramsey County Commissioners as a future location of a public library for the people of the eastern part of suburban Ramsey County, and WHEREAS, Ramsey County is in possession of approximately 5.26 acres on the southeast corner of Beam Avenue and Kennard Street which includes 2.26 acres of tax forfeited land which the State of Minnesota has designated for open space and 3.0 acres which Ramsey County has designated to Parks and Recreation for wet lands, and WHEREAS, the above mentioned site meets Library Board criteria including being located on a major road and near retail activity, and WHEREAS, SOME ADJACENT PARCELS OF LAND ARE OWNED BY Ramsey County or the City of Maplewood and could be utilized for library and/or water drainage purposes, NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF MAPLEWOOD recommends to the Board of Ramsey County Commissioners that the southeast corner of Beam Avenue and Kennard Street be designated as a future location of a public library. Seconded by Councilmember Anderson. Ayes - all. - 21 - 6/27 K. COUNCIL PRESENTATIONS 1. East Family Community Center Board a. Councilmember Bastian announced his resignation from the Board of the East Family Community Services. 2. Dust No Discussion. 3. Brown Outs a. Councilmember Bastian requested Staff to draft an ordinance whereby N.S.P. has to notify Maplewood when there have been "brown outs." 4. Water Tips a. Councilmember Bastian requested Staff to find out how to provide informa- tion to the residents on how to reduce water useage. 5. Blind Access a. Councilmember Rossbach requested Staff to contact the County regarding blind access signs along their roadways. 6. Transient Businesses No discussion. 7. Group Homes No discussion. 8. Open Space No discussion. L. ADMINISTRATIVE PRESENTATION None. M. ADJOURNMENT 11:58 P.M. City Clerk - 22 - 6/27