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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) - 2 - 10/24 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 - 3 - 10/24 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. i 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: - 4 - 10/24 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. - 5 - 10/24 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. i 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. - 6 - 10/24 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. - 7 - 10/24 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. - 9 - 10/24 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: - - 10 - 10/24 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. - 11 - 10/24 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. i 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). - 12 - 10/24 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 - 13 - 10/24 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. - 14 - 10/24 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 - 15 - 10/24 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 - 16 - 10/24 ~ 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. I 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. - 17 - 10/24 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 I - 18 - 10/24