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HomeMy WebLinkAbout10.10.88 MINUTES OF MAPLEG100D CITY COUNCIL 7:00 P.M., Monday, October 10, 1988 Council Chambers, Municipal Building Meeting No. 88 - 24 A. CALL TO ORDER A regular meeting of the City Council of the City of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building, and was called to order 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 - 17 (August 4, 1988) Councilmember Anderson moved to approve the Minutes of Meeting No. 88 - 17 (AllgllSt 4, 1988) as submitted. Seconded by Councilmember Bastian. Ayes - all. 2. Meeting No. 88 - 18 (August 8, 1988) Councilmember Anderson moved to approve the Minutes of Meeting No. 88 - 18 (August 8, 1988) as submitted. Seconded by Councilmember Bastian. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Juker. Councilmember Rossbach abstained. 3. Meeting No. 88 - 19 (August 18, 1988) Councilmember Anderson moved to approve the Minutes of Meeting No. 88 - 19 (August 18, 1988) as submitted. Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian & Juker. Councilmember Rossbach abstained. 4. Meeting No. 88 - 20A (August 22, 1988) Councilmember Juker moved to approve the Minutes of Meeting No. 88 - 20A (August 22, 1988) as submitted. Seconded by Councilmember Anderson. Ayes - all. 10/10 5. Meeting No. 88 - 20 (August 22, 1988) Councilmember Juker moved to approve the Minutes of Meeting No. 88-20 (AUQUSt 22, 1988) as submitted. Seconded by Mayor Greavu. Ayes - all. 6. Reconvened Meeting of No. 88 - 20 (August 29, 1988) Councilmember Anderson moved to approve the Minutes of Meeting No. 88 - 20 .(August 29, 1988) as submitted. Seconded by Mayor Greavu. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: L Cable 2. Lake Phalen 3. Community Center 4. Curbside Recycling 5. Manager's Meeting 6. Historical Society 7. Legislature Contract - A.M.M. 8. Local Action Blueprint 9. Add I-5, Albert Olson Seconded by Councilmember Bastian. Ayes - al L E. CONSENT AGENDA Council removed Item E-8 to become I-6. Mayor Greavu moved, seconded by Councilmember Bastian, Ayes - all, to approve the Consent Agenda, Items 1 thru 7 and 9 and 10 as recommended: 1. Approval of Claims Approved payment of the following claims: ACCOUNTS PAYABLE: $ 317,572.01 Checks #8183 - #8265 Dated 09-13-88 thru 09-30-88 $ 133,677.13 Checks #4180 - #4310 Dated 10-10-88 $ 451,249.14 Total per attached voucher/check register PAYROLL: $ 172,273.93 Payroll Checks $ 7,566,85 Payroll Deductions $ 179,840.78 Total Payroll $ 631,089.92 GRAND TOTAL - 2 - 10/10 _ 2. Increase in Ambulance Rates Resolution No. 88 - 10 - 160 WHEREAS, the City of Maplewood is authorized to impose reasonable charges for emergency and paramedic ambulance services by Minnesota Statutes 471.476 and by special laws (Chapter 426, Laws of 1975, and Chapter 743, Laws of 1978); and ' WHEREAS, it is fair and reasonable to charge for services rendered based upon the type of services provided, i.e., basic or advance life support services as defined by Medicare. NOW, THEREFORE, BE IT RESOLVED, that the following charges shall be effective January 1, 1989: Basic ambulance services $ 90.00 Advanced life support ambulance services .$210.00 BE IT FURTHER RESOLVED, that there shall be no charge for services rendered when the length of services is 10 minutes or less, when the patient is not transported, or when the patient is transported to the detoxification center. 3. Increase in License/Permit Fees and Service Charges Approved first reading of an ordinance to increase planning Department service charges: Resolution No. 88 - 10 - 161 BE IT RESOLVED that the City Council of Maplewood, Minnesota, do hereby adopt the following fees effective January 1, 1989: Proposed 1989 Fee Amusement Park License $ 129.00 Bench Permit: First Bench 40.00 Each Additional Bench 23.00 Bingo License: For One Night/Wk. for 52 Wks. 129.00 For Two Nights/Wk. for 52 Wks. 260.00 One Night 16.00 Christmas Tree Sales: Regular 124.00 Non-Profit Organization 97.00 Cigarettes & Tobacco 34.00 - 3 - 10/10 Coin-Operated Amusement Devices: Per Location 129.00 Per Machine 34.00 Dog Kennels: Original Application 34.00 Renewal 17.00 Gambling License 129.00 Gambling Investigation & Administration Fee 250.00 Golf Course 130.00 Home Occupations: Initial 47.00 Renewal 19.00 Motels: 1 - 15 Units 53.00 16 - 35 Units 82.00 36 - 100 Units 128.00 Over 100 158.00 Restaurant and/or Bakery: Food Establishment 142.00 Catering Food Vehicle: First Vehicle 74.00 Each Additional 34.00 Fleet License 197,00 Itinerant Food Establishment: (Limit 7 days) First Day 34.00 Each Additional Day 18.00 Non-Perishable Food Vehicle: First Vehicle 33.00 Each Additional 23.00 Fleet License 90.00 Potentially Hazardous Food Vehicle: First Vehicle 102.00 Each Additional 50,00 Fleet License 294.00 Special Food Handling Establishment 50.00 - 4 - 10/10 Tavern License 260.00 Taxicab License Base Charge 34.00 Each Driver 13.00 Theater License: Indoor 129.00 Outdoor 260.00 Contractor's License 70.00 ~ 3.2 Beer License: On-Sale 100.00# Off-Sale 30.00 Temporary Food & Beer 18.00/Day Licenses Due July lst: Used Car Dealer 260.00 Licenses Due August lst: Motor Vehicle Repair 47.00 Service Station: First Pump 53.00 Each Additional Pump 8.00 Trailer Rental: First 5 Trailers 18.00 Each Additional Trailer 6.00 Licenses Due November 1st: Club Liquor License 300.00 On-Sale Liquor 5,040.00 Off-Sale Liquor 200.00 Sunday Liquor 200.00'•` Beer & Wine: Seating up to 25 987.00 Each Additional 10 seats 129.00 Maximum 2,625.00 License Fee Set by State Law - 5 - 10/10 Miscellaneous Service Char es: Tax-Exempt Mortgage Revenue Financing - Commercial Base Charge of Bond Issue) 19 Minimum 5,649.00 Maximum 22,606.00 Amount Paid With Application 2,000.00 Tax-Exempt Mortgage Revenue Financing - Multiple Dwellings Application Fee 2,205.00 Liquor License Investigation Fee 394.00 Block Party License 18.00 Carnival License 128.00 Solicitor License: Base Per Company 70.00 Additional Per Solicitor 35.00 Auctioneer License: Annual 65.00 Daily 18.00 Pawn Shop 65.00 Pending Assessment Searches 7.00 Police Accident Report Copies 6.00 Cat and Dog Licenses: Male 7.00 Female 7.00 Neutered/Spayed 4.00 Tax Increment Financing Application Fee (escrow) 5,460.00 Building Relocation 128.00 Community Design Review Board 100.00 Sewer Connection Permit: (Per Connection) Residential Connection 35.00 Non-Residential Connection 53.00 Moving Permit 70.00 - 6 - 10/10 Wrecking Permit 35.00 Driveway Permit 8.00 Property Owner List 5.50/Name Base Price 35.00 Mobile Home Permits 41.00 Occupancy Permit 6.00 Publications (Includes Sales Tax)• I Zoning Code 10.00 Platting Code 5.00 Sign Code 3.05 Comprehensive Plan 11.25 Zoning Map 4.10 City Map 4.10 Section Map 4.10 Planning Commission or Community Design Review Board: Minutes 8.00/Yr. Agenda Packet 86.00/Yr. 4. McKnight Road Phase II, Project 87-04; M.S.A. Off-System Transfer Resolution No. 88 - 10 - 162 WHEREAS, it has been deemed necessary for the City of Maplewood to fund required storm sewer construction on McKnight Road between.Lanpenteur Avenue to T.H. 36, S.P. 62-668-25, City Project 87-04 within the limits of said municipality, and WHEREAS, said construction project has been identified by the Commis- sioner of Transportation as MSA Project Number 138-020-08. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that we hereby authorize appropriation of $45,000 from our municipal state aid funds to apply toward the construction of said project and request the Commissioner of Transportation to approve this authorization. 5. Sterling Street Watermain, Project 87-45; Change Order No. 1 Resolution No. 88 - 10 - 163 WHEREAS,-the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 87-45 and has let a construction contract - 7 - 10/10 pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 87-45 Change Order One. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the Mayor and City Clerk are hereby authorized and directed to modify the existing contract by executing said Change Order ' One. 6. County Road C, White Bear to Ariel, Project 86-25, Supplemental A. Resolution No. 88 - 10 - 164 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore entered into a cooperative agreement with Ramsey County for Improvement Project 86-25 which is pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 86-25 Supplemental Agreement No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the Mayor and City Clerk are hereby authorized and directed to modify the existing contract by executing said Supplemental Agreement No. 1. 7. Conditional Use Permit Renewal: East County Line Fire Station Approved the renewal of a conditional use permit for five years at 1177 Century Avenue, subject to the original conditions of approval. i 8. Conditional Use Permit Discussed under Item I-5. 9. Certification of Delinquent Sewer Accounts Resolution No. 88 - 10 - 165 RESOLVED that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the attached list of delinquent sewer rental charges and hydrant charges said list made a part herein, for certification against the tax levy of said property owners for the Year 1988, collectible in 1989, and which listing includes interest at the rate of eight (8) percent on the total amount for one year. Total amount to be certified: $79,363.14 10. Linwood Heights Townhouses Authorization to board up the Linwood Heights Townhouses that are not completed. - 8 - 10/10 F. PUBLIC HEARINGS 1. 7:00 P.M., Assessment Hearing: Cope Avenue Project 85-26 a. Mayor Greavu convened the meeting for a public hearing regarding the adoption of the proposed assessment roll for Cope Avenue Project 85-26. b. Manager McGuire presented the Staff report. c. City Attorney Kelly explained the legal requirements. d. Director of Public Works Haider presented the specifics of the proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. The following were heard: Joan Themmes, 1928 Castle Charles Jaworski, 1922 Castle Mrs. John Glasow, 2271 Craig Place Letter from John Glasow Helga Gehrke, 1917 Cope Avenue Marcia Holdran, 1927 Cope Avneue A proposed buyer of a lot on Cope Avenue James Promish, 7 W. Golden Lake Road, Circle Pines Joe Moreno, 2272 Craig Place g. Mayor Greavu closed the public hearing. h. Mayor Greavu introduced the following resolution and moved its adoption• 88 - 10 - 166 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the construction of Cope Avenue, Hazel to Ariel, as described in the files of the City Clerk as Project 85-26, and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 20 years, the first of the install- ments to be payable on or after the first Monday in January, 1990, and shall bear interest at the rate of nine (9.0) per- cent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1989. To each subsequent installment when due shall be added interest for one year on all unpaid installments. - 9 - 10/10 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits non-abutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed, therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the City by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the county, and such assessments shall be collected and paid over in the same manner as other muni- cipal taxes. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Rossbach Nay - Councilmember Bastian. i. Mayor Greavu moved to establish the meeting date of October 24 1988 to hear appeals of the assessments. Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Rossbach Nay - Councilmember Bastian. 2. 7:10 P.M., Larpenteur Avenue and Sylvan Street (St. Paul Water Utilities) a. Plan Amendment b. Conditional Use Permit (4 Votes) 1. Mayor Greavu convened the meeting for a public hearing regarding the request of the St. Paul Water Utility for a comprehensive plan amendment and conditional use permit to construct a clear water holding pond. The plan amendment is required because the property is desig- nated for park use. A conditional use permit is required for a public utility use in a farm residential district. 2. Manager McGuire presented the Staff report. - 10 - 10/10 3. Director of Community Development Olson presented the specifics of the proposal. 4. Commissioner Dennis Larson presented the Planning Commission report. 5. Carl Steed, St. Paul Water Department, spoke on behalf of the proposal. 6. Mayor Greavu called for proponents and opponents. The following voiced their opinions: Gerald Vimr, 1772 Sylvan 7. Mayor Greavu closed the public hearing. 8. Councilmember Bastian moved to approve the Plan Amendment and the Conditional Use Permit. Seconded by Councilmember Anderson. Councilmember Bastian withdrew his motion. 9. Councilmember Anderson introduced the following resolution and moved its adoption: 88 - 10 - 167 WHEREAS, the St. Paul Water Utility initiated an amendment to the Maplewood Comprehensive Plan from P, park to W, water facility for the following property at the northwest corner of Larpenteur and Sylvan. WHEREAS, the procedural history of this plan amendment is as follows: 1. The Maplewood Planning Commission held a public hearing on September 19, 1988, to consider this plan amendment. 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 Planning Commis- sion recommended to the City Council that said plan amend- . ment be approved. 2. The Maplewood City Council considered said plan amendment on October 10, 1988. The Council considered reports and recom- mendations from the Planning Commission and City Staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above-described plan amendment be approved on the basis of the following findings of fact: 1. The City's Director of _~'arks and Recreation feels that the cost of a community playfield or any other type of park on this site cannot be justified. - 11 - 10/10 2. This site is needed fora water treatment pond. 3. The ultimate City population used to project the need for a community playfield on this site appears to be too high. 4. The City leased this site for a park from 1974-86, but did not develop it because of neighborhood opposition. Seconded by Councilmember Juker. Ayes - all. 9. Councilmember Bastian moved to approve several amendments to the Conditional Use Permit. Seconded by Councilmember Anderson. Ayes - all. 10. Councilmember Rossbach moved to table the Conditional Use Permit request for further investigation. Seconded by Councilmember Bastian. Ayes - all. 3. 7:20 P.M., 1420 So. Sterling Street (Bierschenk) a. Lot Width Variance b. Lot Frontage Variance c. Side Lot Line Orientation Variance d. Rezoning 1. Mayor Greavu convened the meeting for a public hearing regarding the re- quest of Lance Bierschenk for a variance from the zoning code and those variances from the subdivison code to divide his lot into three single- , dwelling parcels. 2. Manager McGuire presented the Staff report. 3. Director of Community Development Olson presented the specifics of the proposal. 4. Commissioner Larson presented the Planning Commission report. 5. Mayor Greavu called for proponents and opponents. Lance Bierschenk spoke on behalf of the proposal. 6. Mayor Greavu closed the public hearing. 7. Councilmember Anderson introduced the following, rsolution and moved its adoption• 88-10- 168 WHEREAS, Lance Bierschenk applied for a lot-frontage and side lot line orientation variations for the following-described property: Part of the Southwest Quarter of the Northeast Quarter of Section 24, Township 28 North, Range 22 West, Ramsey County, Minnesota, described as follows: Commencing at the Southeasterly corner of - 12 - 10/10 said Southwest Quarter of the Northeast Quarter; thence West along the Southerly line of said Southwest Quarter of the Northeast Quarter a distance of 710.00 feet to the point of beginning; thence North a distance of 400.00 feet; thence North 68°45' West a distance of 270.00 feet; thence South 46°00' West to the Westerly line of said Southwest Quarter of the Northeast Quarter; thence South along said Westerly line to the Southwesterly corner of said Southwest Quarter of the Northeast Quarter; thence Easterly along said Southerly line to the point of beginning. This property is also known as 1420 Sterling Street, Maplewood; WHEREAS, Section 30-8 (f) (1) (a.) (2.) of the Maplewood Code of Ordinances requires a minimum lot frontage of sixty feet; WHEREAS, the applicant is proposing thirty feet requiring a variation of thirty feet; WHEREAS, Section 30-8 (f) (5) requires side lines of lots to be sub- stantially at right angles or radial to the street line. WHEREAS, the applicant is proposing side lines that are substantially perpendicular to Sterling Street. WHEREAS, the procedural history of this variance is as follows: 1. This variance was applied for on April 8, 1988. 2. This variance was reviewed by the Maplewood Planning Commission on September 19, 1988. The Planning Commission recommended to ' the City Council that said variance be approved. 3. The Maplewood City Council held a public hearing on October 10, 1988, to consider this variance. 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 state- ments. 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 variations be approved on the basis of the following findings of fact: 1. Approval is necessary to make reasonable use of the property, due to its irregular shape and steep topography. 2. Approval would not affect the character of the area or the provision of public safety services - the principal reasons for subdivision review. 3. Council has approved two similar requests. Seconded by Councilmember Rossbach. Ayes - all. - 13 - 10/10 8, Mayor Greavu introduced the following resolution and moved its adoption: 88 - 10 - 169 WHEREAS, Lance Bierschenk applied for a lot width variation and variance for the following-described property: Part of the Southwest Quarter of the Northeast quarter of Section 24, Township 28 North, Range 22 West, Ramsey County, Minnesota, described as follows: Commencing at the Southeasterly corner of said Southwest Quarter of the Northeast Quarter; thence West along the Southerly line of said Southwest Quarter of the Northeast Quar- ter a distance of 710.00 feet to the point of beginning; thence North a distance of 400.00 feet; thence North 68° 45' West a distance of 270.00 feet; thence South 46°00' West to the Westerly line of said Southwest Quarter of the Northeast Quarter; thence South along said Westerly line to the Southwesterly corner of said Southwest Quarter of the Northeast Quarter; thence Easterly along said Southerly line to the point of beginning. This property is also known as 1420 Sterling Street, Maplewood; WHEREAS, sections 30-8 (f) (1) (a.) (1.) and 36-69 of the Maplewood Code of Ordinances requires 75 feet of lot width at the established building setback line. WHEREAS, the applicant is proposing thirty feet, requiring a variance and a variation of 45 feet; WHEREAS, the procedural history of this variance is as follows: 1. This variance was applied for on April 8, 1988. 2. This variance was reviewed by the Maplewood Planning commission on September 19, 1988, The Planning Commission recommended to the City Council that said variance be approved. 3. The Maplewood City Council held a public hearing on October 10, 1988, to consider this variance. 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 state- ments. 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 variance and variation be approved on the basis of the following findings of fact: 1. Strict enforcement would cause undue hardship due to circumstances unique to property under consideration because: a. The plight of the owner is due to the irregular shape of, and steep topography of, his property. This 4.9 acre parcel is otherwise large enough to support three lots. - 14 - 10/10 b. Subdivision into less than three lots would be unreasonable since the intent of all public safety and environmental- related codes can be complied with, c. Approval would not alter the essential character of the area, This neighborhood is comprised of several irregular-shaped lots and houses accessed by long driveways. d. Council has approved two similar requests. 2. The variance would be in keeping with spirit and intent of the ordinance. Approval would not affect the general plan or intent of the subdivision code, provided the conditions of approval are adhered to. Approval is subject to: 1. Recording a deed restriction or covenants with each property accept- able to the City, that addresses: a. Responsibility for construction, maintenance and identification of the common driveway. This driveway shall comply with the dimension and turn-around requirements stated in Section 10.207 of Uniform Fire Safety Code. Its location on Parcel One shall not cause any grading above 902.5 contour, until east of the protected steep slope. The steep grade along Sterling Avenue shall also be elimianted to provide property site distances from the driveway along Sterling Street. b. Identification each site of the location for a backup drain field, which is acceptable to the City. The soils in this area should not be disturbed or built on, prior to use as a drain field. c. Maintenance records for the drain field(s) shall be kept and be presented to City officials upon demand. d. The steep, wooded slopes on Parcels One and Three are to be left in their natural state. e. A detailed grading plan, with proposed construction and per- . manent erosion control measures, shall be approved by the City for the driveway and building paid for Parcel One. Seconded by Councilmember Bastian. Ayes - all. 9. Councilmember Anderson introduced the following resolution and moved its adoption• 88-10-170 WHEREAS, the City of Maplewood initiated a rezoning from F, farm residence to R-1, single dwelling for the following-described property: - 15 - 10/10 Part of the Southwest Quarter of the Northeast Quarter of Section 24, Township 28 North, Range 22 West, Ramsey County, Minnesota, described as follows: Commencing at the Southeasterly corner of said Southwest Quarter of the Northeast Quarter a distance of 710.00 feet to the point of beginning; thence North a distance of 400.00 feet; thence North 68°45' West a distance of 270.00 feet; thence South 46°00' West to the Westerly line of said South- west Quarter of the Northeast Quarter; thence South along said Westerly line to the Southwesterly corner of said Southwest Quar- ter of the Northeast Quarter; thence Easterly along said Southerly li line to the point of beginning. This property is also known as 1420 Sterling Street, 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 September 19, 1988. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on October 10, 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. 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. Approval would eliminate the potential of any form-related use occurring which would be incompatible with single-dwelling de- velopment. Seconded by Councilmember Bastian. Ayes - all. - 16 - 10/10 4. 7:30 P.P4., Code Amendment- Residential Garage Size (First Reading) a. Mayor Greavu convened the meeting for a public hearing regarding a proposed code amendment to allow residential garages over 1,000 square feet but not to exceed 1,250 square feet, by conditional use permit on lots under one acre. b. Manager McGuire presented the Staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Commissioner Larson presented the Planning Commission report. e. Mayor Greavu called for proponents or opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilmember Bastian moved first reading of an ordinance to regulate the size of garages on single dwelling lots. Seconded by Councilmember Anderson. Ayes - all. 5. 7:40 P.M., Conditional Use Permit or Variance: 834 No. McKnight Road (Hayes) a. Councilmember Bastian moved to table this item until the Meeting of October 24, 1988. Seconded by Mayor Greavu. Ayes - all. Mayor Greavu recessed the meeting at 9:05 P.M. Mayor Greavu reconvened the meeting at 9:10 P.M. 6. 7:50 P.M., Economic Development Authority and Joint Powers Agreement a. Mayor Greavu convened the meeting for a public hearing regarding the request of the Emergency Fund Service that Maplewood establish an Economic Development Authority (EDA) and enter into a joint powers agreement with the St. Paul Port Authority to provide financing for the acquisition of a warehouse at 1140 Gervais Avenue. b. Manager McGuire presented the Staff report. c. Mayor Greavu called for proponents and opponents. None were heard. d. Mayor Greavu closed the public hearing. e. Councilmember Bastian introduced the following resolution and moved its adoption• 88 - 10 - 171 WHEREAS, Laws Minnesota 1988, Chapter 678 authorizes the City of Maplewood to establish an economic development authority (the "Authority") - 17 - 10/10 pursuant to the provisions of Minnesota Statutes, Section 469.909 to 469.108, with specified powers and obligations to promote and to provide incentives for economic development; WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City") has determined that it is in its best interest to establish the Authority in order to preserve and create jobs, enhance its tax base, and to promote the general welfare of the people of the City; and WHEREAS, the City has provided public notice and conducted a public hearing on the proposed adoption of this enabling resolution on October 10, 1988, and has fulfilled all other-legal requirements for the establish- ment of the Authority. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD: 1. An economic development authority to be known as the "Economic Development Authority of the City of Maplewood" with all the powers, rights, duties, and obligations as set forth in Minnesota Statutes, Sections 469.090 to 469.108 and any other law is hereby established in and for the City. 2. The Authority shall be governed by a board of five (5) commissioners who shall be the members of the City Council. The Commissioners shall be elected and qualified in the same manner as the City Council. 3. Nothing shall prevent the City from modifying this enabling resolu- tion to impose limits on the powers of the Authority or for pro- viding for other matters as authorized by Minnesota Statutes, '"Sections 469.090 to 469.108 or any other law. Seconded by Councilmember Rossbach. Ayes - all. f. Councilmember Bastian moved to approve the Joint Powers Agreement between the Port Authority of the City of St. Paul and the City of Maple- wood as presented. Seconded by Councilmember Rossbach. Ayes - all. 7. 8:00 P.M., On-Sale Intoxicating Liquor License: Maplewood Bowl a. Mayor Greavu convened the meeting for a public hearing regarding the request of Barbara Ann Johnston for an On-Sale Intoxicating Liquor License to be located at the Maplewood Bowl, 1955 English Street. b. Manager McGuire presented the Staff report. c. Director of Public Safety Collins stated he had met with Mrs. Johnston and advised her of Maplewood's liquor laws. d. Barbara Johnston, the applicant, spoke on behalf of the request. e. Mayor Greavu called for proponents and opponents. None were heard. f. Councilmember Juker introduced the following resolution and moved its adoption• - 18 - 10/10 88 - 10 - 172 NOTICE IS HEREBY GIVEN that pursuant to action by the City Council of the City of Maplewood on October 10, 1988, an On-Sale Intoxicating Liquor License was approved for Barbara Ann Johnston, Bar Manager for Maplewood Bowl, on 1955 English Street. The Council proceeded in this matter as outlined under the provisions of the City Ordinance. Seconded by Councilmember Anderson. Ayes - all. G. AWARD OF BIDS None. H. UNFINISHED BUSINESS 1. Code Amendment: Setback to Residential Zones (2nd Reading - 4 Votes). a. Manager McGuire presented the Staff report. b. Councilmember Anderson introduced the following ordinance and moved its adoption• ORDINANCE N0. 633 AN ORDINANCE AMENDING THE REQUIREMENTS FOR SETBACKS TO RESIDENTIALLY-ZONED LAND THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 1. Subsection 36-27 (a) under landscaping and screening, is amended as follows: (a) A landscaped area of not less than twenty (20) feet in width shall be provided where: (1) A nonresidential use abuts a residentially-zoned property. (2) A multiple dwelling abuts property zoned for single or double dwellings. The requirements of this subsection shall not apply where the residentially-zoned property is being used or is designated on the City's land use plan for a nonresidential use. Section 2. Subsection 36-119 (g), under the R-3 multiple district, is amended as follows: (g) Setbacks increased. (1) The minimum front, side and rear yard setbacks for an R-3A multiple dwelling shall be increased, not to exceed seventy- five (75) feet, by the most restrictive of the following requirements, where the lot abuts a farm residence, residen- tial estate, single dwelling, or double-dwelling zoning district: - 19 - 10/10 a. Building height: The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty- five (25) feet in height. b. Exterior wall area: Where an exterior wall faces residentially- zoned property, the setback of the wall shall be increased five (5) feet for each one thousand (1,000) square feet, or part thereof, in excess of two thousand (2,000) square feet. (2) A building addition which would encroach into a required setback may be approved by conditional use permit, if such encroachment would be consistent with surrounding property setbacks and screened in a man- i! ner acceptable to the Community Design Review Board. At least 80~ of the addition shall be screened from abutting residential property. (3) The requirements of this subsection shall not apply where the resi- dentially-zoned property is being used or is designated on the City's land use plan for a nonresidential use. Section 3. Subsection 36-130 (d), under the NC, neighborhood commercial district, is amended as follows: (d) Building setbacks. (1) The minimum building setback from a right-of-way shall be thirty (30) feet and twenty (20) feet from side and rear property lines. (2) Where a setback is from residentially-zoned property, the minimum required setbacks shall be increased, not to exceed seventy-five (75) feet, subject to the most restrictive of the following re- quirements: a. Building height: The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty- five (25) feet in height. b. Exterior wall area: Where an exterior wall faces a residen- tially-zoned property, the wall setback shall be increased five (5) feet for each one thousand (1,000) square feet, or part thereof, in excess of two thousand (2,000) square feet. (3) A building addition which would encroach into a required setback may be approved by conditional use permit, if such encroachment would be consistent with surrounding property setbacks and screened in a manner acceptable to the Community Design Review Board. At least 80~ of the addition shall be screened from abutting resi- dential property. (4) The requirements of this subsection shall not apply where the residentially-zoned property is being used or is designated on the City's land use plan for a nonresidential use. Section 4. Section 36-140 (f) (1), under the CO, commercial office district, is amended as follows: (1) Adjacent to residentially-zoned property: - 20 - 10/10 a. A building shall have minimum .side and rear yard setbacks of fifty (50) feet and a minimum front yard setback of thirty (30) feet. These minimum required setbacks shall be increased, not to exceed seventy-five (75) feet subject to the most restrictive of the following requirements: 1. Building height. The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty- five (25) feet in height. 2. Exterior wall area: Where an exterior wall faces a residentially-zoned property, the wall setback shall be ~ increased five (5) feet for each one thousand (1,000) square feet, or part thereof, in excess of two thousand (2,000) square feet. b. A building addition which would encroach into a required setback may be approved by conditional use permit, if such encroachment would be consistent with surrounding property setbacks and screened in a manner acceptable to the Community Design Review Board. At least 80~ of the addition shall be screened from abutting residential property. c. The requirements of this subsection shall not apply where the residentially-zoned property is being used or is designated on the City's land use plan. for a nonresidential use. Section 5. Subsection 36-153 (3), under the BC, business commercial district, is amended as follows: (3) Setback from property zoned residential: a. The building shall have minimum side and rear yard setbacks of fifty (50) feet and a minimum front yard setback of thirty (30) feet. These minimum required setbacks shall be increased, not to exceed seventy-five (75) feet, subject to the most restrictive of the following requirements: (1) Building height: The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty- five (25) feet in height. (2) Exterior wall area: Where an exterior wall faces a residentially-zoned property, the wall setback shall be increased five (5) feet for each one thousand (1,000) square feet, or part thereof, in excess of two thousand (2,000) square feet. b. A building addition which would encroach into a required setback may be approved by conditional use permit, if such encroachment - 21 - 10/10 .would be consistent with szrrounding property setbacks and screened in a manner acceptable to the Community Design Review Board. At least 809 of the addition shall be screened from abutting residential property. c. The requirements of this subsection shall not apply where the residentially-zoned property is being used or is designated on the City's land use plan for a nonresidential use. Section 6. Subsection 36-154 (b), under the LBC, limited business commercial district, is amended as follows: (b) Setback from property zoned residential. (1) The building shall have minimum side and rear yard setbacks of twenty (20) feet and a minimum front yard setback of thirty (30) feet. These minimum required setbacks shall be increased, not to exceed seventy-five (75) feet, subject to the most restrictive of the following requirements: a. Building height: The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty- five (25) feet in height. b. Exterior wall area: Where an exterior wall faces a residentially-zoned property, the wall setback shall be increased five (5) feet for each one thousand (1,000) square feet, or part thereof, in excess of two thousand (2,000) square feet. (2) A building addition which would encroach into a required setback may be approved by conditional use permit, if such encroachment would be consistent with surrounding property setbacks and screened in a manner acceptable to the Community Design Review Board. At least 809 of the addition shall be screened from abutting resi- dential property. (3) The requirements of this subsection shall not apply where the residentially-zoned property is being used or is designated on City's land use plan for a nonresidential use. Section 7. Section 36-155 (f under the BC (M), business commercial (Modified) district, is amended as follows: (f) Setback from property zoned residential: (1) The building shall have minimum side and rear yard setbacks of fifty (50) feet and a minimum front yard setback of thirty (30) feet. These minimum required setbacks shall be increased, not to exceed seventy-five (75) feet, subject to the most restrictive of the following requirements: - 22 - 10/10 a. Building height: The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty- five (25) feet in height. b. Exterior wall area: Where an exterior wall faces a residentially-zoned property, the wall setback shall be increased five (5) feet for each one thousand (1,000) square feet, or part thereof, in excess of two thousand (2,000) square feet. (2) A building addition which would encroach into a required setback may be approved by conditional use permit, if such encroachment would be consistent with surrounding property setbacks and screened in a manner acceptable to the Community Design Review Board. At least 80~ of the addition shall be screened from abutting resi- dential property. (3) The requirements of this subsection shall not apply where the residentially-zoned property is being used or is designated on the City's land use plan for a nonresidential use. Section 8. Section 36-172 (6) (c), under the SC, shopping center district, is amended as follows: (c) Where adjacent to a property zoned residential, buildings shall have minimum side and rear yard setbacks of fifty (50) feet and a minimum front yard setback of thirty (30) feet. These minimum required setbacks shall be increased, not to exceed seventy-five (75) feet, subject to the most restrictive of the follow- ing requirements: 1. Building height: The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty-five (25) feet in height. 2. Exterior wall area: Where an exterior wall faces a residentially- . zoned property, the wall setbacks shall be increased five (5) feet for each one thousand (1,000) square feet, or part thereof, in excess of two thousand (2,000) square feet. (d) A building addition which would encroach into a required setback may be approved by conditional use permit, if such encroachment would be con- sistent with surrounding property setbacks and screened in a manner acceptable to the Community Design Review Board. At least 80~ of the addition shall be screened from abutting residential property. (e) The requirements of this subsection shall not, apply where the residentially-zoned property is being used or is designated on the City's land use plan for a nonresidential use. Section 9. Section 36-189 (P1-1, light manufacturing district) is amended as follows: - 23 - 10/10 Section 36-189. Setbacks adjacent to residentially-zoned property. (a) The minimum side and rear yard setbacks shall be fifty (50) feet and the minimum front _yard setback shall be thirty (30) feet. These minimum required setbacks shall be increased, not to exceed seventy-five (75) feet, subject to the most restrictive of the following requirements: (1) Building height. The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty-five (25) feet in height. (2) Exterior wall area. Where an exterior wall faces a residentially- zoned property, the wall setback shall be increased five (5) feet for each one thousand (1,000) square feet, or part thereof, in excess of two thousand (2,000) square feet. (b) A building addition which would encroach into a required setback may be approve by conditional use permit, if such encroachment would be con- . sistent with surrounding property setbacks and screened in a manner acceptable to the Community Design Review board. At least 80~ of the addition shall be screened from abutting residential property. (c) The requirements of this subsection shall not apply where the residentially-zoned property is being used or is designated on the City's land use plan for a nonresidential use. Section 10. Section 36-204 (M-2, heavy manufacturing district) is amended as follows: Section 36-204. Setbacks adjacent to residentially-zoned property. (a) The minimum side and rear yard setbacks shall be fifty (50) feet and the minimum front -ygrd setback shall be thirty (30) feet. These minimum required setbacks shall be increased, not to exceed seventy-five (75) feet, subject to the most restrictive of the following requirements: (1) Building height: The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty-five (25) feet in height. (2) Exterior wall area: Where an exterior wall faces a residentially- ! zoned property, the wall setback shall be increased five (5) feet for each one thousand (1,000) square feet, or part thereof, in ! excess of two thousand (2,000) square feet. (b) A building addition which would encroach into a required setback may be approved by conditional use permit, if such encroachment would be consistent with surrounding property setbacks and screened in a man- ner acceptable to the Community Design Review Board. At least 80~ of the addition shall be screened from abutting residential .property. (c) The requirements of this subsection shall not apply where the residentially-zoned property is being used or is designated on the - 24 - 10/10 City's land use plan for a nonresidential use. Section 11. This ordinance shall take effect upon its passage and publica- tion. Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian & Rossbach Nay - Councilmember Juker. 2. Gervais Avenue, Kennard-Hazelwood-Truck Restrictions a. Manager McGuire presented the Staff report b. City Attorney Kelly stated he would research the legality of such restric- tions. c. Councilmember Anderson moved to table this item until October 24, 1988 meeting. Seconded by Mayor Greavu. Ayes - all. NEW BUSINESS 1. Walter Street, Project 84-14; Feasibility Study a. Manager McGuire presented the Staff report. b. Councilmember Juker introduced the following resolution and moved its adoption: 88-10-173 WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare a report with reference to the im- provement of Walter Street, Fenton Avenue to Frost Avenue, City Project 84-14, by construction of roadway and appurtenances with associated utilities, and WHEREAS, the said City Engineer has prepared the aforesaid report for the improvement herein described: NOtd, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The report of the City Engiener advising this Council that the proposed improvement on Walter Street, Fenton Avenue to Frost Avenue, City Project 84-14, by construction of roadway and appur- tenances with associated utilities is feasible and should best be made as proposed, is hereby received. 2. The Council will consider the aforesaid improvement in accordance with the reports and the assessment of benefited property for all or - 25 - 10/10 a portion of the cost of the improvement according to MSA Chapter 429, at an estimated total cost of the improvement of $69,600. 3. A public hearing will be held in the Council Chambers of the City Hall at 1830 East County Road B on Monday, the 14th day of November, 1988, at 7:00 P.M. to consider said improvement. The City Clerk shall give mailed and published notice of said hearing and improvement as required by law. i Seconded by Councilmember Anderson. Ayes - all. 2. Gonyea's Oak Heights Third Addition a. Revised Preliminary Plat Conditions b. Time Extension c. No. Parking 1. Manager McGuire presented the Staff report. 2. Arnie Esterbrook, representing Gonyea, spoke on behalf of the proposal. 3. Mayor Greavu moved to approve a one-year time extension for Gonyea's Oak Heights Third Addition subject to the original conditions of Sep- . tember 28, 1987, except for Condition E (1) which shall be amended as follows: (1) The street plans shall provide for a 36-foot wide street, a five-foot wide concrete sidewalk along the east side of the street and "no parking" signs along the east side of the street. Seconded by Councilmember Anderson. Ayes - all. 4. Councilmember Anderson introduced the following resolution and moved its adoption: 88- 10-174 WHEREAS, Lakewood Drive from Schadt Drive to Highwood .9cfluue is designated a collector street. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD, MINNESOTA, CITY COUNCIL that the east side of Lakewood Drive from Schadt Drive to Highwood Avenue be designated "No Parking." Seconded by Mayor Greavu. Ayes - all. 3. Gonyea's Oak Heights Fourth Addition a. Revised Preliminary Plat Conditions b. Time Extension. 1. Manager McGuire presented the Staff report. - 26 - 10/10 2. Councilmember Anderson moved to approve a one-year time extension for Gonvea's Oak Heights Fourth Addition subject to the May 23 1988 conditions, except for conditions "b.l." "C 6" and "d" which are amended as follows: b. Final grading, utility, draiange, erosion control and street plans must be approved by the City Engineer. These plans shall include, but not be limited to: 1. 36-foot-wide street. "No parking" signs shall be posted along the east side of the street. c. Submittal of a signed developer's agreement, with surety, to include, but not to be limited to, the following requirements: d. A recordable deed restriction shall be submitted to the City to prohibit a driveway access from Highwood Avenue for Lot One, Bloch Ewo. Seconded by Mayor Greavu. Ayes - all. 4. Code Amendment - On-Site Sewage Treatment (1st Reading) a. Manager McGuire presented the Staff report. b. Councilmember Bastian moved first reading of an ordinance regarding upgrading the code for on-site treatment systems Seconded by Councilmember Juker. Ayes - all. 5. Emergency Sewer Connection: Albert Olson, 2599 No: Ariel Street a. Manager McGuire presented the Staff report. b. Councilmember Anderson introduced the following resolution and moved ats adoption: 88- 10-175 WHEREAS, pursuant to Minn. Stat. §444.075 and Maplewood Code of Ordinances Section 35-23, the City of Maplewood has authority to charge for connections to sanitary sewer services and has the authority to allow installment payments for such connection charges; and WHEREAS, Albert Olson, who resides at 2599 Ariel Street, Maplewood, has requested to be connected to the North St. Paul Sewer System, and WHEREAS, Albert Olson has represented to the City of Maplewood that the septic system cannot be repaired without exorbitant costs; and WHEREAS, Albert Olson has shown financial hardship, and is unable to pay cash for the connection to city sewer immediately upon conenction to the services. NOW, THEREFORE, be it resolved by the Maplewood City Council that: - 27 - 10/10 The City Clerk shall certify to the County Auditor the amount of $3770.00 for the sewer .connection charge for City of No. St. Paul services, and also shall forward to the County Auditor the legal description of Albert Olson's property, which is: Lots 1 through 6, Block 4, Maplewood Addition to North St. Paul Such connection charge shall be collected with the property taxes beginning in 1989 and each subsequent year until 1991, subject to 8 percent interest. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian, and Rossbach Nay - Councilmember Juker. 6. Conditional Use Permit Renewal: Highway 61 (Frattalone) a. Manager McGuire presented the Staff report. b. Councilmember Rossbach moved to approve the renewal of the conditional use permit-for mineral extraction north and northwest of Gulden's Restaurant, west of Highway 61, for one year, subject to compliance with the original conditions and obtaining a permit from the City Engineer. Seconded by Councilmember Anderson. Ayes - all. J. VISITOR PRESENTATION A resident in the Linwood Heights Townhouses at 673 Dorland Road brought the Council up to date as to what is taking place with the townhomes. K. COUNCIL PRESENTATIONS 1. Cable a. Councilmember Anderson stated that Cable Channel 64 is designated for Maplewood and suggest we use it. b. Staff stated the City offices are not hooked up to the cable system as yet. 2. Lake Phalen a. Councilmember Anderson questioned if the City has any authority for the north end of Lake Phalen. It seems St. Paul never notifies Maplewood when improvements are made to Lake Phalen. b. Councilmember Anderson moved to refer this question to the City Attorney and report back at the next meeting. Seconded by Councilmember Bastian. Ayes - all. - 28 - 10/10 3. Community Center a. Councilmember Anderson questioned if there is any interest in a community center in Maplewood. 4. Curbside Recycling a. Councilmember Juker moved to establish the date of October 17, 1988 at 5:30 P.M. to meet with Gopher regarding the recycling program. Seconded by Councilmember Anderson. Ayes - all. 5. Manager's Meeting a. Councilmember Juker stated that a Manager's meeting with the Council should be scheduled. b. No action taken. 6. Historical Preservation Group a. Councilmember Bastian moved to investigate establishing a historical preservation group. Seconded by Councilmember Juker. Ayes - all. 7. Legislative Contact - AMM a. Councilmember Bastian moved that Manager McGuire be appointed as the legislative contact with AMM. Seconded by Councilmember Juker. Ayes - all. 8. Local Action Blueprint. a. Councilmember Bastian stated there is a Local Action Blueprint showing the housing needs for the elderly and disabled. He will get the Manager a copy. L. ADMINISTRATIVE PRESENTATION None. M. ADJOURNMENT 10:10 P.M. City Clerk - 29 - 10/10