HomeMy WebLinkAbout10.24.88 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, October 24, 1988
Council Chambers, Municipal Building
Meeting No. 88 - 26
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council
Chambers, Municipal Building, and was called ,to order at 7:12 P.M., by Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
Frances L. Jukex, Councilmember Present
George F. Rossbach, Councilmember Present
C. APPROVAL OF MINUTES
None.
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the Agenda as amended:
1. Vista Park
2. Delete Item I-4
3. Flashing Sign
4. I=4 Weatherford-Walker
5. K-3 Truth in Housing
' Seconded by Councilmember Juker. Ayes - all.
E. CONSENT AGENDA
Councilmember Anderson moved, seconded, Ayes - all, to approve the Consent Agenda
Items 1 through 5, as recommended.
1. Approval of Claims
Approve the accounts as recommended:
ACCOUNTS PAYABLE:
$ 518,330.45 Checks #8266 - #8301
Dated 10-03-88 thru 10-10-88
$ 309,119.97 Checks #4321 - #4432
Dated 10-24-88
$ 827,448.42 Total per attached voucher/check register
10/24
PAYROLL:
$ 156,456.88 Payroll Checks
$ 30,660.78 Payroll Deductions
$ 187,117.66 Total Payroll
$1,014,566.08 GRAND TOTAL
i 2. Conditional Use Permit Renewal and Revision: 1810 County Road B (Fulk Manu-
facturing)
~ A roved the renewal of the conditional use
i pp permit for three months for a
machine shop within 350 feet of a residential district at 1810 East County
Road B, subject to trash enclosure being provided as required by code, or
an eight-foot-tall, 100 opaque screening fence shall be installed between
the original shop building and the shed to the south along the east lot
line. All trash containers shall be kept between these two buildings.
Total screening of all trash receptacles may be required in the future,
depending on the development of the adjacent lot to the southwest.
3. Time Extension: Maidment Terrace Preliminary Plat
Approved a one-year time extension for the Maidment Terrace preliminary
plat.
4. Disposal of Old Financial Records
Resolution No. 88 - 10 - 176
WHEREAS, M.S.A. 138.17 governs the destruction .of City records; and
WHEREAS, a list of records has been presented to the Council with a
request in writing that desctruction be approved by the Council;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA;
1. That the Finance Director is hereby directed to apply to the
Minnesota State Historical Society for an order authorizing
destruction of the records as described in the attached list.
2. That upon approval by the State of the attached application,
the Finance Director is hereby authorized and directed to
destroy the records listed.
5. Final Payment - 1988 Overlay Project
Approved first payment for the 1988 Overlay Project.
H. UNFINISHED BUSINESS
1. Code Amendment: Residential Garage Size (2nd Reading - 4 Votes)
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a. Manager McGuire presented the Staff report.
b. Mayor Greavu moved to table this item until the meeting of November 12
1988, and refer it to staff for revisions.
Seconded by Councilmember Anderson. Ayes - all.
F. PUBLIC HEARINGS
1. 7:10 P.M., Preliminary Plat: Woodlynn Heights Townhomes No. 3.
a. Mayor Greavu convened the meeting for a public hearing regarding the
request of Mack Nettleton for preliminary plat and final plat approval
II for Woodlynn Heights Townhomes No. 3.
b. Director of Community Development Olson presented the Staff report.
c. Commissioner Fischer presented the Planning Commission report.
d. Mr. Mack Nettleton, the applicant, spoke on behalf of the proposal.
e. Mayor Greavu called for persons who wished to be heard for or against
the proposal. None were heard.
f. Mayor Greavu closed the public hearing.
g. Councilmember Bastian moved to approve the preliminary and final plat
for Woodlynn Heights Townhomes No. 3.
Seconded by Councilmember Rossbach. Ayes - all.
2. 7:20 P.M., P.U.D. Revision: Larpenteur Avenue and A1cKnight Road (Hillside
Center).
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of C.N.P. Hillside Partners for a revision to expand the Hong Kong Cafe from
700 to 1400 square feet and to permit one or two additional restaurants to be
located in Phase 2 of Hillside Center.
b. Director of Community Development Olson presented the Staff report.
c. Mr. Dan Parker, representing C.N.P. Hillside Partners, spoke on behalf
of the proposal.
d. Councilmember Juker moved to table this item until the last meeting of
November and refer the matter to Staff for further investigation
Seconded by Councilmember Anderson. Ayes - all.
Council directed Staff to investigate if liquor establishments are permitted
in BC (M) District.
3. 7:30 P.M., Street Vacation: English Street
a. Mayor Greavu convened the meeting for a public hearing regarding the
request of Metro Imported Autos (Porche/Audi) to vacate an unimproved
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portion of English Street right of way that is located between the Porche/
Audi dealership and Kohlman Avenue.
b. Director of Community Development Olson presented the Staff report.
c. Commissioner Fischer presented the Planning Commission report.
d. A representative of Metro Import Autos spoke on behalf of the proposal.
e. Mayor Greavu called for opponents and proponents. None were heard.
f. Mayor Greavu closed the public hearing.
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Councilmember Anderson introduced the following resolution and moved its
g•
adoption:
88-10- 177
WHEREAS, Metropolitan Imported Auto, Inc., and the City of Maplewood
initiated proceedings to vacate the public interest in the English Street
right-of-way, located ten feet north of the north line of the Kohlman
Avenue right-of-way and the easterly extension of the north line of Lot
92, Gardena Addition.
WHEREAS, the procedural history of this vacation is as follows:
1. A majority of the owners of property abutting said street right-
of-way have signed a petition for this vacation; `
2.. This vacation was reviewed by the Planning Commission on October
3, 1988. The Planning Commission recommended to the City Council
that this vacation be approved.
3. The City Council held a public hearing on October 10, 1988, to
consider this vacation. Notice thereof was published and mailed
pursuant to law. All persons present at this hearing were given
an opportunity to be heard and present written statements. The
Council also considered reports and recommendations of the City
Staff and Planning Commission.
WHEREAS, upon vacation of the above-described street right-of-way,
public interest in the property will accrue to the following-described
abutting properties:
Lot 12, Kohlman Lakeview Additions
Lots 74, 75 and 92 through 99, Gardena Addition
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that it is
in the public interest to grant the above-described vacation on the basis of
the following findings of fact:
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1 Th
e ad 'oinin r
,7 g p operty owners have no interest in improvin the
g
street.
2. The adjoining properties have adequate street access.
3. This street segment is not needed for area traffic circulation
or emergency vehicle access.
This vacation is subject to the retention of a permanent twenty-foot-
wide utility easement--the west twenty feet of the east forty feet and a ten-
foot-wide temporary construction easement either side of the permanent ease-
ment from the original Kohlman Avenue right-of-way to a point 300 feet to the
north.
Seconded by Councilmember Juker. Ayes - all.
4.. 7:40 P.M., Torgerson Addition
a. Preliminary Plat
b. Utility Routing Approval
c. Half-Width Street Variation
d. Cul-de-sac Variation
1. Mayor Greavu convened the meeting for a public hearing regarding
the request of Donald and Lorraine Torgerson for approval of a prelimi-
nary plat to create 17 single dwelling lots and two outlots; to route
utilities along a corridor with more than eight percent grade; two
variations from the platting code.
2. Director of Community Development Olson presented the Staff report.
3. Commissioner Fischer presented the Planning Commission report.
4. Mr. Don Torgerson, the applicant, spoke on behalf of the proposal.
5. Mayor Greavu called for proponents and opponents. The following
voiced their opinions:
Julie Cummins, 1790 Desoto
Marv Bullich, Edina Realty
Gary Bostrom, 546 Bellwood
Resident at 526 Bellwood
Resident at 556 Bellwood
Resident at 539 Bellwood
6. Mayor Greavu closed the public hearing.
7. Councilmember Anderson moved to authorize the construction of storm
sewer along the 14 to 20 percent slope, located east of proposed Burr
Street and the proposed cul-de-sac, on the basis that due to the extreme
topography, there is no other practical place to route the required storm
sewer.
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Rossbach.
Nay - Councilmember Bastian.
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8. Councilmember Anderson moved to deny the .requested variations from
the platting code to create a temporary half-width street and a temporary
cul-de-sac in excess of 1 000 feet of length on the basis that:
a. Approval would adversely affect the spirit of the subdivision
code and the comprehensive plan, because public safety's
ability to provide timely emergency vehicle service could
be hampered or jeopardized.
b. Afull-width, through street is a reasonable alternative.
This alternative was planned for by the City when approval
j was granted for the Twin Oaks Addition to the north and the
Markfort Addition to the west.
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c. Approval is not essential to the reasonable development of
this subdivision.
d. Council has required full-width, through streets to be
guaranteed across adjoining properties as a condition of
approval for other similar proposals.
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Rossbach
Nay - Councilmember Bastian.
9. Mayor Greavu moved to approve the Torgerson Addition preliminary
plat, subject to satisfaction of the following conditions before appli-
cation for final plat approval:
a. The City signing a contract(s) to construct the downstream
drainage improvements to outlet this and ajoining property
to Round Lake. The City Engineer may approve a phased develop-
ment plan, provided the applicant can demonstrate that on-site
ponding capacity will be adequate to maintain predevelopment
storm water flows from this site. Any lot or street area not
included in the initial phase shall be platted as an outlot
until adequate storm water capacity is provided. The entire
right-of-way for Burr Street and Ripley Avenue shall be platted
and constructed with the first phase.
b. City or applicant acquisition of the 35 by 1631 foot parcel
needed to construct Ripley Avenue as a full-width street,
through to Desoto Street. If a City project, the applicant
shall pay the cost of the feasibility study and all other City
expenses to acquire this right-of-way, including attorney's
fees.
c. Substitute a drainage easement for Outlot B. The property
lines for the adjoining lots shall be extended through the
easement to the south or east boundaries of the site. The
easement shall include all area that would be up to one foot
above the approved 100-year storm design elevation for this
pond. This easement shall also line up with the existing
drainage easement on the properties to the east.
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d. Outlot A shall be combined with an adjacent property. A
deed shall be in the possession of the adjoining property
owner before the plat is signed by the City. The deed to
transfer ownership of this outlot shall stipulate that
this property is to be combined with adjoining property
to form one parcel, to be described by one property tax
description number.
e. The following. street names shall be shown:
(1) The north half of the existing Ripley Avenue right-
of-way shall be shown between the west line of Bradley
Avenue and the east boundary of the site.
(2) "Ripley Avenue" shall be shown west of the south
extension of the west line of proposed Lot One, Block One.
(3) The remainder of the through street shall be named
"Burr Street".
(4) The cul-de-sac shall be named "Summer Court".
f. Reduce the width of Lots One, Two, Five and Six, Block Two,
to the minimum permitted to maximize the rear yard area
for Lots Three and Four
g. City Engineer approval of final grading, drainage, utility
and erosion control plans. These plans shall include, but
not be limited to:
(1) Identification of the trees to be saved. These trees
shall also be identified on the site.
(2) Revision of the grading plan and/or install storm
sewer along the north boundary of the site to insure that
drainage from this site does not flow into the properties
to the north.
(3) Where possible to obtain grading easements on adjoin-
, ing property, make a more gentle transition along the site
boundary to the lots adjoining to the north and northeast.
(4) Provide survey evidence that Ripley Avenue will line
up with existing Ripley Avenue, west of Desoto Street.
h. Submission of signed developer's agreement and surety for
all required public improvements, including but not limited
to: a full-width street through to Desoto Street and on-
site utility and drainage improvements; any required tree
planting; erosion control measures; relocation of the NSP
utility pole that will be within the new Ripley Avenue
right-of-way, and, relocation of the driveway for 1822
Desoto Street to Ripley Avenue.
Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Rossbach.
Nay - Councilmember Bastian.
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10. Mayor Greavu introduced the following resolution and moved its
adoption•
88-10-178
WHEREAS, Donald Torgerson and the City of Maplewood initiated a
rezoning from F, farm residence, to R-1, single dwelling, for the
following-described property, all located in the NE 1/4 of the SW i/4
of Section 17, Township 29, Range 22:
17-29-22-31-0015 Sub to Desoto St the S 85
ft of N 115 ft of W 163 ft
17-29-22-31-0016 Sub to Desoto St the S 83
ft of N 200 ft of W 163 ft
17-29-22-31-0017 Sub to Desoto St the S 85
ft of N 285 ft of W 163 ft
17-29-22-31-0018 Sub to Desoto St the S 85
ft of N 370 ft of W 163 ft
17-29-22-31-0019 Sub to st the S 125 ft of
N 495 ft of W 163 ft
17-29-22-31-0020 Sub to sts and esmts and
ex N 495 ft the W 163 ft
17-29-22-31-0021 With esmt to Desoto St the
E 163 ft of W 489 ft of S
85 ft of N 455 ft
17-29-22-31-0058 Subj to sts and esmts and ex
W 163 ft lying S of N 30 ft and
ex E 163 ft of W 489 ft of S 85
ft of N 455 ft; the SW 1/4
This property is also known as 1790, 1822, 1830, 1838, 1848, 1854
Desoto Street and the large undeveloped parcel abutting to the east.
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 24,
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 state-
ments. The council also considered reports and recommendations
of the City Staff and Planning Commission.
- 8 - 10/24
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 ade-
quately 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. Rezoning would eliminate any potential nuisance problems
associated with the F, farm residence district, such as raising
of livestock within a single-dwelling neighborhood.
Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Rossbach
Nay - Councilmember Bastian.
G. AWARD OF BIDS
None.
H. UNFINISHED BUSINESS (Continued)
2. Conditional Use Permit or Variance: 834 McKnight Road (Hayes)
a. Director of Community Development Olson presented the Staff report.
b. Mr. Marty Hayes, the applicant, spoke on behalf of the proposal.
Councilmember Anderson moved to waive the Rules of Procedure to discuss reconsideration
Council's motion regarding the Code Amendment: Residential Garage Size.
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers
Anderson, Bastian and Rossbach
Nay - Councilmember Juker.
Councilmember Anderson moved to reconsider the motion regarding Residential Garage Size
'lode Amendment and place the item on November 2, 1988 Agenda.
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers
Anderson, Bastian and Rossbach
Nay - Councilmember Juker.
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c. Councilmember Anderson moved to table Item H-2 until the meeting of
November 14, 1988.
Seconded by Councilmember Juker.
3. Code Amendment: On Site Sewage Treatment (2nd Reading - 4 Votes)
a. Acting Manager Haider presented the Staff report.
b. Mayor Greavu introduced. the following ordinance and moved its adoption:
ORDINANCE N0. 634A
AN ORDINANCE AMENDING THE REQUIREMENTS
FOR INDIVIDUAL SEWAGE TREATMENT SYSTEMS
The Maplewood City Council hereby ordains as follows:
Section 1. Section 28-76 through 28-78 are amended to read as follows:
ARTICLE V. INDIVIDUAL SEWAGE DISPOSAL SYSTEMS
Sec. 28-76. On-site sewage treatment systems.
In areas of the City where municipal sewers are not available, all on-
site sewage treatment systems shall be designed, installed, and operated
in accordance with the Minnesota Pollution Control Agency's Individual
Sewage Treatment Systems Standards (6 MCAR 4.8040 as revised on August
28, 1978). In areas where municipal sewer is not available, all new
subdivided lots shall have adequate usable space for an on-site sewage
treatment system and additional space to add a second drainfield area.
Sec. 28-77. Disposal of Effluent.
(a) It shall be unlawful to dispose o£ the effluent from any on-site
sewage system or holding tank anywhere on the ground surface or in any
body of water.
(b) It shall be unlawful to dispose of the effluent from a holding tank,
such as in a recreational vehicle, in any unapproved locations in the City
sanitary sewer system.
Section 2. This ordinance shall take effect upon its passage and publication.
Seconded by Councilmember Rossbach. Ayes - all.
4. Tax Exempt Financing Requirements
a. Acting Manager Haider presented the Staff report.
b. Councilmember Rossbach moved approval to revise the City's requirements
for approval of Tax Exempt financing relative to multiple dwellings as ~
follows: -
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REQUIREMENTS FOR
TAX-EXEMPT FINANCING
The following additional requirements shall apply to multiple-dwelling
projects:
1. A written opinion, with supporting justification, from a qualified
~ expert acceptable to the City, shall be submitted with the applica-
tion to document that:
a. The development will not adversely increase the vacancy rates
of rental multiple dwellings in the City that are existing or
have received preliminary City approval over the metropolitan
average.
b. There is reasonable assurance that the development will be able
to comply with the federal low-to-moderate income requirement
over the life of-the bond issue.
2. The bond indenture agreement shall require:
a. The developer to periodically certify to the City and trustee,
compliance with the federal low-to-moderate income requirement.
The frequency of certification shall be determined on a case-
by-case basis.
b. The trustee is to inform the City of noncompliance trends with
federal low-to-moderate income requirements.
c.,- Stipulate the federal law requirements for the set-aside of low-
to-moderate income units and any other set-aside provisions
agreed to by the developer. If tax-increment financing is also to
be used by the development then at least 75 percent of the units
shall also be set aside for households earning not more than 110
percent of the area median income.
3. The project must exceed minimum code requirements by incorporating
the following mandatory and optional design upgrade features:
FAMILY AND SENIOR HOUSING DEVELOPMENTS
A. Mandatory Requirement
1. Each development that wpuld house public transportation-dependent
residents, shall be (a) located near a scheduled public bus stop
or (b) an agreement must be to provide a new public stop, and (c)
if the NEST (Northeast Suburban Transit) service is not available
an agreement with a private carrier must be secured to provide a
convenient schedule of pick up and departure times. The maximum
distance to a bus stop for senior housing developments shall be
400 feet (one block) and one-quarter mile for family-housing de-
velopments.
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2. A storm shelter shall be provided if the structure(s) or each
unit, if townhouses, 1oi11 not have basements. The storm shelter
shall have a capacity of equal to 80 percent of the planned
population of the development. Each person shall be allowed
at least three square feet of area.
3. A security system(s) shall be provided. Security system shall
be defined as follows: For units with common hallway entrances -
a keyed lobby door and deadbolts on each unit door. Four town-
house-style units with individual entrances from outside, each
outside entrance door shall have a deadbolt, peep hole, solid
core door and inside chain provided.
B. Optional Requirements (At least eight of the following items must be
included):
1. Brick
2. Building design should be distinctive, nongeneric style with
meaningful details (such as large windows, skylights, etc.).
3. A noticeable increase in size and quantity of landscape plantings
over what is normally required.
4. Underground irrigation of all landscaping.
5. Usable open space provided above code minimum.
6. Electrical outlets adjacent to at least half of the parking stalls
for car heaters.
7. A children's play area.
8. Swimming pool, tennis court, horseshoe pits, indoor multi-activity
room or outdoor multi-activity building, or similar recreational
facility.
9. At least 10~ more parking spaces or garages than code requires.
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10. Underground parking, parking under the dwelling unit or attached
garages.
11. Setbacks above code minimums.
12. Floor areas above code minimums.
13. All parking stall widths at least ten feet.
14. Recreational walkways or sidewalks.
15. At least five percent of the units will be three-bedroom units
for family developments and two-bedroom units for senior develop-
ments (not including caretaker units).
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16. Provide for an enclosed bis stop shelter, if not available.
17. On-site garden or flower plots in a centralized location or near
the entrance of units with direct outdoor access.
18. Washer and dryer hook-ups in each unit for townhouse units or a
I washer and dryer installed on each floor for apartment units.
19. A landscaped sitting area with tables and benches central to the
I
complex or a sodded "private-appearing" yard area near the entrance
to units with direct outdoor access.
20, Provision of a storm shelter in addition to basement area.
21. For developments not using tax-increment financing (TIF), the
set-aside of at least 50 gercent of the units for households earn-
ing 110 percent or less of the area median income (ceiling for
moderate income). For developments that will receive'TIF`fnads,
the set-aside of more than 75 percent of the units for households
earning 110 percent of less of the area median income.
4. As a condition of approving this financing, a lump-sum fee at bond
closing or an annual fee over the life of the bond issue will be re-
quired. The City reserves the right to choose the fee option that
will be the most beneficial to the City. This choice will be made
when the final resolution is adopted. Factors to be taken into account
will include, but not be limited to:
a. The size of requested issue
b. Unbudgeted City funding needs at the time of the request
I c. The number of requests
d. Federal arbitrage considerations
The formula for each fee option is as follows:
a. Annual fee:
(1) Full bond maturity: An annual fee payable on each
anniversary of the bond issue of not less than one-eighth
of one percent of the unpaid balance and one-quarter of
one percent of the bond issue shall be paid at bond closing,
subject to federal arbitrage restrictions.
(2) Prepayment of bonds: The same as the full bond
maturity requirement, except if all of the outstanding
bonds are prepaid prior to final bond maturity, the
developer shall pay, at the time of such prepayment to
find bond maturity, subject to federal arbitrage restric-
tions.
b. Lump-sum fee: At bond closing, a lump-sum fee shall be
paid that is equivalent to the present value of the annual
fee option. The present value must be determined by a
qualified expert, acceptable to the City.
Seconded by Mayor Greavu. Ayes - all.
II
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5. Cope Avenue Assessment Appeal
a. Acting Manager Haider presented the Staff report.
b. Mayor Greavu moved the recommendation of Staff and approve the revisions
to Cope Avenue Project 85-26 assessments.
Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker, and Rossbach
Nay - Councilmember Bastian.
6. Gervais Avenue Truck Restriction
a. Acting Manager Haider presented the Staff report.
b. Councilmember Juker moved first reading of an ordinance restricting
traffic. on designated streets.
Seconded by Mayor Greavu. Ayes - all.
I. NEW BUSINESS
1. P.U.D. Time Extension and Revision of Conditions: Beaver Creek Apartments
a. Acting Manager Haider presented the Staff report.
b. Councilmember Juker introduced the following resolution and moved its
adoption•
88 - 10 - 178
WHEREAS, the City of Maplewood initiated a conditional use permit
revision to amend the Beaver Creek Apartment planned unit development
(PUD) at the following-described property:
That part of the Northwest 1/4 of the Southeast 1/4 lying
southeaterly of a line from the Northeast corner of said
Northwest 1/4 of the Southeast 1/4 to a point on the west line
of said Northwest 1/4 of the Southeast 1/4 and 450 feet south
of the original C.St.P.M. & 0. Ry. right of way also the South-
west 1/4 of the Southeast i/4; all in Section 24, Township 29,
Range 22, Ramsey County, subject to street right-of-way.
This property is more commonly described as northwest of Ivy Avenue
and Ferndale Street.
WHEREAS, the procedural history of this conditional use permit is as
follows:
1. The City Council approved the original conditional use permit
for this PUD an February 11, 1985.
2. The Maplewood City Council considered the above-referenced con-
ditional use permit revision on October 10, 1988.
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NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD-CITY COUNCIL that the
above-described conditional use permit revision be approved on the basis
of the following findings-of-fact:
1. The use is in conformity with the City's comprehensive plan and
with the purpose and standards of this chapter.
2. The establishment or maintenance of the use would not be detri-
mental to the public health, safety or general welfare.
3. The use would be located, designed, maintained and operated to
be compatible with the character of that zoning district.
4. The use would n6t depreciate property values.
5. The use would not be hazardous, detrimental or disturbing to
present and potential surrounding land uses, due to the noises,
glare, smoke, dust, odor, fumes, water pollution, water run-off,
vibration, general unsightliness, electrical interference or
other nuisances.
6. The use would generate only minimal vehicular traffic on local
streets and shall not create traffic congestion, unsafe access
or parking needs that will cause undue burden to the area
properties.
7. The use would be serviced by essential public services, such as
streets, police, fire protection, utilities, schools and parks.
8. The use would not create excessive additional requirements at
public cost for public facilities and services; and would not be
detrimental to the welfare of the City.
9. The use would preserve and incorporate the site's natural and
scenic features into the development design.
10. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. The northerly facing roof area for the northwest structure may
drain to Jim's Prairie, provided predevelopment runoff levels
are not exceeded. All other impervious surface area shall drain
away from Jim's Prairie.
2. No herbicides, pesticides or fertilizers shall be applied to any
area that drains to the prairie, unless the type, amount and
location are approved by the City.
3. The emergency exit road shall be constructed from the apartment
project to Maryland Avenue to support emergency vehicles and the
pathway shall be paved from the apartments to the proposed pri-
vate street in the condominium project prior to the issuance of
an occupancy permit. A public easement for emergency vehicle
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access shall be recorded from the apartment parking lot to
Maryland Avenue, over the proposed path and future private
street in the Beaver Lake condominium project. The emergency
vehicle access must be maintained and kept free of obstruc-
tions by the respective property owners.
4. Before an occupancy permit is issued, a statement shall be
recorded with the property, granting the City the right to
burn Jim's Prairie and maintain the fence along the south
boundary of Jim's Prairie that is located approximately five
feet into the apartment property. The language of this state-
ment shall be approved by the City.
5. Approval includes the site plan enclosed in the January 16,
1985 staff report. Any changes that result in an increase
in density or change in building type or site plan shall require
a public hearing and approval by the City Council.
6. This approval supersedes the conditions of initial approval,
granted February 11, 1985.
Seconded by Mayor Greavu. Ayes - all.
2. HRA/HRC Commissioner Liaison
a. Acting Manager Haider presented the Staff report.
b. Councilmember Juker moved to approve the following as recommended:
1. Abandon the policy of having an appointed commissioner serve
as a liaison between the HRA and HRC.
2. Authorize the HRA and HRC to independently"advertise and
recommend to Council their choice for a commissioner to replace
resigned Commissioner Prey.
Seconded by Councilmember Anderson. Ayes - all.
3. Holloway - Schedule Public Hearing
a. Acting Manager Haider presented the Staff report.
b. Mayor Greavu introduced the following resolution and moved its
adoption•
88-10-179
WHEREAS, the City engineer for the City of Maplewood has been been
authorized and directed to prepare a report with reference to the improve-
went of Holloway Avenue, Beebe to Furness, City Project 87-14, by con-
struction of a bituminous roadway with concrete curb and gutter and
utilities, and
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~ WHEREAS, the said City Engineer has prepared the aforesaid report for
the improvement herein described:
i
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
1. The report of the City Engineer advising this Council that the
proposed improvement on Holloway Avenue, Beebe to Furness, City
Project 87-14, by construction of a bituminous roadway with con-
crete curb and gutter and 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 a portion of the cost of the improvement according to MSA
Chapter 429, at an estimated total cost of the improvement of
$229,290.
3. A public hearing will be held in the Council Chambers of the
City Hall at 1830 East County Road B on Monday, the 28th day of
November, 1988, at 7:20 P.M. to consider said improvement. The
City Clerk shall give mailed and published notice of said hearing
and improvement as required by law.
Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Rossbach.
Nay - Councilmember Bastian.
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4. Resolution: Weatherford-Walker
i
a. Acting Manager Haider presented the Staff report.
b. Mayor Greavu introduced the following resolution and moved its adoption:
88 - 10 - 180
WHEREAS, Weatherford/Walker Development, Inc., has applied for
site plan approval for a shopping center development located north
of Beam Avenue between Kennard Avenue and Southlawn Avenue, and
WHEREAS, a traffic study submitted with the proposal recommends
a traffic signal be installed at the intersection of Southlawn Avenue
and Beam Avenue.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that if approval is granted such approval shall contain a
condition that Weatherford/Walker Development, Inc., pay for the
installation of the signal.
Seconded by Councilmember Anderson. Ayes - all.
J. VISITOR PRESENTATION
None.
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K. COUNCIL PRESENTATIONS
1. Truth in Housing
a. Councilmember Bastian moved to refer the subiect "Truth in Housing" to
Staff for a report.
Seconded by Councilmember Anderson. Ayes - all.
2. Vista Park
a. Councilmember Anderson stated he received a call from Good Value Homes
concerning types of homes being built on Marnie along the park.
b. Mr. John Peterson, Good Value Homes, questioned the plans regarding
Vista Park.
c. Referred to Staff.
3. Flashing Signs
a. Councilmember Juker requested Staff to check Winchester's Restaurant's
flashing sign. They can be seen from Highway 36.
I.. ADMINISTRATIVE PRESENTATION
None.
M. ADJOURNMENT
9:50 P.M.~
City Clerk
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