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HomeMy WebLinkAbout06.22.89 and 06.26.89 i MINUTES OF NAPLEWOOD CITY COUNCIL 4:30 P.M., Thursday, June 22, 1989 and 7:00 P.M., Monday, June 26, 1989 Council Chambers, Municipal Building Meeting No. 89-14 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building and was called to-order at 7:02 P.M., by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present George F. Rosabach, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes of Meeting No. 89-3 (February 13, 1989) Councilmember Anderson moved to.apnrove the Minutes of Meetinc No. 89-3 1Februarv 13,.19891 as submitted. Seconded by Councilmember Bastian. Ayes - Mayor Greavu, Councilmembere Anderson, Bastian and Roesbach Councilmember Rossbach abstained. D. APPROVAL OF AGENDA Mayor Greavu moved to aonrove the Acenda as amended: 1. Asphalt Bike Paths 2. Danger - Children's Signs - Maryknoll 3. Crime Watch 4. Ramsey League 5. Developers Grading Property 6. No dumping signs 7. Grass Cuttings 8. Fins Station 9. Thursday Meeting 10. Set date - Review Fire Department Study Seconded by councilmember Anderson. Ayes - all. 1 6-22-89 - _ E.. CONSENT AGENDA Mayor Greavu moved, Seconded by Councilmember Anderson, Aves - all, to approve the Consent Acenda,Items E-1 throuch 10 as recommended: 1. Approval of Claims Approved the following claims: ACCO[INTS PAYABLE: $ 671,960.66 Checks #`4401 - #`4455 Dated 06-01-89 thru 06-14-89 S 209,820.49 Checks #1165 - X1340 Dated 06-22-89 $ 881,781.15 Total per attached voucher/check register PAYROLL• $ 189,331.84 Payroll Checks S 47,410.22 Payroll Deductions $ 236,722.06 Total Payroll $1,118,503.21 GRAND TOTAL 2. Budget Transfer - 1988 Audit Approved a budget transfer of $5,045 from the General Fund~Contingency Account to finance the audit bill. 3. Budget Transfer: Survey; LELS; TSP Approved a budget transfer from the Contingency Account Fund to cover the following: $ 600 Survey of Old City Hall 2,000 LELS Police Arbitration 1,100 TSP's for Comparable Worth 4. Final Payment Geranium-Ferndale Storm Sewer, Project 67-20 Resolution No. 89 - 6 - 91 Change Orders 2 and 3 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 87-20, Geranium/Ferndale Storm Sewer, and 2 6-22-89 has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 87-20 Change Orders 2 and 3. 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 Orders 2 and 3. Resolution No. 89 - 6 - 92 Final Payment WHEREAS, the City Engineer for the City of Maplewood has determined that Geranium/Ferndale Storm Sewer, City Project 87-20, is complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 87-20 ie complete and maintenance of these improvements is accepted by the City. Release of any retainage or escrow is hereby authorized. 5. City Hall Maintenance Budget - Repair and Maintenance of Building and Grounds Approved a budget transfer of $3,000 from the Contingency Fund to the City Hall Maintenance Fund to cover the cost of repairs to ceilings, cabling system, and heating system. 6. Conditional Use Permit Renewal; 831 North Century Avenue - Dege Approved the renewal of the conditional use permit for five years, for an off-street garden center parking lot behind 831 North Century Avenue, subject to the 11 conditions of approval required by the City Council on June 1, 1988. 7. Budget Transfer - Clean Up and Demolition Costs Approved a budget transfer of $6,700 from the contingency account to pay for the clean up of the vacant lot at Sherren and Hazelwood Avenues and the house demolition at 1866 Furness Street. B. Housing Assistance Loan Program ResolutionNO. 89 - 6 - 93 WHEREAS, the City of Maplewood desires to assist low-income homeowners in making repairs to their homes for the purpose of correcting defects affecting directly the safety, habitability, energy conservation, or accessibility bf the property; and 3 6-22-89 WHEREAS, the Minnesota Housing Finance Agency has funds to be used for such purposes, and will accept applications from housing and redevelopment authorities desiring to administer these Deferred Loan Program funds; and WHEREAS, the Metropolitan Council hoe been duly organized pursuant to Minnesota Statutea 1976, Section 473.123, and hoe all of the powers and duties of a housing and .redevelopment authority pursuant to Minnesota Statutea 1976, 473.193, under the provisions of the Municipal Housing and Redevelopment Act, Minnesota Statutea 1976, Sectione462.411 and 462.711; NOW, THEREFORE, BE IT RESOLVED that the Metropolitan Council is hereby requested to include the City of Maplewood in an application for state Deferred Loan Program funds, and that the Community Development Director is hereby authorized to enter into any necessary agreement with the Metropolitan Council for operating the Program within the City. 9. Conditional Use Permit Renewal; 1201 Frost Avenue Approved the renewal of the Conditional Uae Permit for one year at 1201 Frost Avenue to sell used cars, subject to the July 11, 1988 conditions of approval. 10. Tax Forfeited Land: Gall Avenue and Lakewood Drive Resolution No. 89 - 6 - 94 WHEREAS, the Board of County Commissioners of Ramsey Countyby resolution dated April 18, 1989, classified as nonconaervation land, certain land lying within the limits of the City of Maplewood; and WHEREAS, a copy of the classification resolution together with a list of the land classified has been submitted for approval of the classification in accordance with Minnesota Statutes Annotated, Section 282.01, sub. 1; and WHEREAS, the land ie described as follows: Unplatted lands - Section O1, Township 29, Range 22. That part of the Northwest Quarter of the Northwest Quarter in Section One, described as follows: Beginning at the Southeast Corner of said Northwest Quarter of the Northwest Quarter; thence North on the East line 1,103-69/100 feet; thence West parallel with the north line of said Northwest Quarter 170 feet; thence South parallel with said East line of the Northwest Quarter of the Northwest Quarter to the South line thereof; thence East on said South line to the point of beginning; except the North 217 feet of the Weat 150 feet thereof. PIN O1-29-22-22-0020. ' WHEREAS, the City of Maplewood has determined that said land is required for public purposes; 4 6-22-89 NOW, THEREFORE, BE IT RESOLVED, that said classification of the. land shown on said list ae nonconaervation land is hereby approved; and BE IT FURTHER RESOLVED, that the City Clerk be and hereby is authorized to file a certified copy of this resolution and application for conveyance of said tax-forfeited land in the Office of the Land Commissioner. - F. AWARD OF BIDS 1. Insurance a. Manager McGuire presented the staff report. b. Susan Bennett, Corporate Riak Management, Inc., insurance consultant, explained the bids. c. Councilmember Anderson moved to aseian Hadrath and Associates as the City's anent as recommended. Seconded by Councilmember Rosabach. Ayes - all. G. UNFINISHED BUSINESS 1. Update of City Hall Expansion Plans and Architectural Contract a. Manager McGuire presented the staff report. b. Dean Johnson, T.K.D.A. presented an update of the City Hall Expansion. c. Mayor Greavu moved to accept the undated contract with T.K.D.A. for architectural services as recommended. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembera Anderson, Juker and Rossbach Nay - Councilmember Bastian. 2. 1990 - 1994 C.I.P. (4 Votes) a. Councilmember Juker moved to table this Item until the July 6, 1989 Meetinc. Seconded by Councilmember Rosabach. Ayes - all. 3. Revocation of Permit: Hause a. Councilmember Bastian moved to table this Item until the Monday, June 26, 1989 Meetinc. Seconded by Councilmember Juker. Ayes - all. 5 6-22-89 4. Southlawn Drive Traffic a. Manager McGuire presented the Staff report. b. Mr. Carl Boehmer, 2764 Southlawn Drive, spoke of the many problems - with traffic on Southlawn Drive. - c. Director of Public Works Haider and Director of Public Safety Collins explained the problems involved. d. Council directed staff to monitor the situation for three months and report back. 5. Code Amendment: Pipeline Setback (2nd Reading) a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the proposal. c. Linda Higgins, 552 Lakewood, presented her views. d. Mayor Greavu moved to table until Monday eveninc. Seconded by Councilmember Bastian. Ayes - all. 6. Pipeline Setback Reduction: Junction Avenue (Heroff) a. Manager McGuire presented the staff report. b. Councilmember Bastian moved to approve the 55 foot setback variance as reouAAted by the Heroff •s for Lot 15, Block 2. Hills and Dales Addition. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Bastian and Rosabach Nays - Councilmembers Anderson and Juker. 7. Pipeline Setback Reduction: Maplewood Meadows (Mogren) a. Councilmember Bastian moved to table until Monday. June 26 Meeting. Seconded by Councilmember Rossbach. Ayes - all. 8. Conditional Uae Permit Renewal: 2095 Larpenteur Avenue (Delory) a. Director of Community Development Olson presented the staff report. b. Councilmember Bastian moved to approve the renewal of the conditional use permit to operate a basement waterproofing and sewer and water 6 6-22-89 installation business at 2095 East Larpenteur Avenue for a period of five years. Approval is recommended on the basis that: i 1. The City has not received any complaints from neighbors in the 18 years the business has been in operation. 2. The business is not easily visible from Larpenteur Avenue. 3. The applicant is continuing, in good faith, to find an alternative site for his operations. Approval is subject. to the following conditions: 1. The hours of operation shall be 8:00 A.M. to 4:30 P.M., Monday through Friday. 2. The maximum number of employees that may be permitted, other than family members is four. 3. There shall be no retail sales on site. 4. The business shall not be enlarged. 5. Business-related parking shall be prohibited on Larpenteur Avenue. 6. The business shall terminate in three years. Annual Council reviews shall be required to monitor the applicant's progress. Seconded by Councilmember Anderson. Ayes - all. 9. Code Amendment: Occupancy Permits (2nd Reading) a. Manager McGuire presented the staff report. b. Mayor Greavu introduced the following ordinance and moved its adoption• ORDINANCE N0. 644 AN ORDINANCE PERTAINING TO TAE ISSUANCE OF OCCUPANCY PERMITS The Maplewood City Council hereby ordains as follows: Section 1. Section 9-26 is amended as follows: Sec. 9-26. Certificate of occupancy. (a) No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or 7 6-22-89 structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefore ae provided herein. Ae required by the City, a certificate of occupancy is required for all occupancies, including group R-3 and R-4 with the exception of Group M occupancies. (b) No change in the character of occupancy of a building shall be made without a certificate of occupancy, ae required in Section 307 of the Uniform Building Code. The building official may issue a certificate of occupancy pursuant to the intent of the above exception without certifying that the building complies with all provisions of this Code. (c) The fees for certificate of occupancy and occupancy permits issued under this article shall be imposed, eet, established and fixed by the City Council, by resolution from time to time. ~(d) Before issuing a certificate of occupancy, the area surrounding any newly constructed or newly placed building shall be cleaned up and all debris shall be completely removed from the premises to the satisfaction of the building official. Section 2. Article IZI of Chapter 9 ie hereby deleted. Secs. 90-41 - 9-60. Reserved. Section 3. This ordinance shall take effect upon its passage and publication. Seconded by Councilmember Juker. Ayes - all. 10. Schedule Meeting with Manager a. Councilmember Roaebach moved to hold a Council/Manager Meeting Julv 3, 1989• Seconded by Mayor Greaw. R. ADJOURNMENT OF JUNE 22. 1989 MEETING AT 7:02 P.M. RECONVENE: CALL JUNE 26. 1989 MEETING TO ORDER AT 6:32 P.M. M. ROLL CALL John C. Greaw, Mayor Preeent Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Absent Frances 1. Juker, Councilmember Preeent George F. Roaebach, Councilmember Arrived at 6:40 P.M. S 6-22-69~ , I >-=.N-A UNFINISHED BUSINESS 1. 1988 Annual Financial Report and Audit i a. Steve Laible, Peat Marwick and Associates, presented the 1988 Annual Financial Report and Audit, reviewedthe recommendations and answered questions from the Council. b. Director of Finance Faust spoke regarding the report and also answered questions from the Council. c. Mayor Greavu moved to accept the 1988Annual Financial Reoort and Audit with recommendations. Seconded by Councilmember Anderson. Ayes - all. 2., Assessments: Geranium/Ferndale Project 87-20 a. Manager McGuire presented the staff report and stated this item had been tabled from June 12, 1989. b. Director of Public Works Haider presented the specifics of the proposed assessment roll. c. Mayor Greavu introduced the following resolution and moved its adootion• 89 - 6 - 95 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed on all objections to the proposed assessment for the construction of Geranium/Ferndale Storm Sewer as described in the files of the City Clerk as Project 87-20, 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 benefitted 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 twenty years, the first of the installments to be payable on or after the first Monday in January, 1990, and shall-bear interest at the rate of nine (9.0) percent per annum from the date of 9 6-22-89 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. 3. it is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the coat of this improvement paid for from municipal funds by levying 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 nonabutting 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 municipal taxes. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembera Anderson and Juker Nay - Councilmember Rossbach d. The Council will discuss the objections to the assessment for Project 87-20 on Thursday, July 6, 1989. N. PUBLIC HEARINGS 1. 7:00 P.M., Conditional Use Permit Termination: 1014 Bartelmy Lane (Andrea) a. Mayor Greavu convened the meeting .for a public hearing regarding the termination of the Conditional Use Permit given to Richard Andrea, 1014 Bartelmy Lane, for counseling service as a home occupation. he is not using the home for this service any longer. b. Manager McGuire presented the staff report. c. Mayor Greavu called for proponents and opponents. None were heard. 10 6-22-89- d. Mayor Greavu closed the public hearing. e. Mayor Greavu introduced the followinc resolution and moved its adootion• 89 - 6 - 95A - WHEREAS, Richard Andrea initiated a request to terminate a conditional use permit for an in-home counseling service at the following-described property: Lot 26, Block 2, Bartelmy Acres Addition This property is also known as 1014 Bartelmy Lane, Maplewood; WHEREAS, the procedural history of this conditional use permit ie as follows: 1.- The Maplewood City Council held a public hearing on June 26, 1989. Notice thereof was published and mailed pursuant to law. All persona 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. NOW, THEREFORE, BE ZT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above-described conditional use permit be terminated on the basis of the following findings-of-fact: 1. The property owner requested the termination of the conditional use permit. 2. The conditional use is no longer in use or effect.' Seconded by Councilmember Juker. Ayes - all. 2. 7:10 P.M., Code Amendment - Garage Size (2nd Reading) (4 Votes) a. Mayor Greavu convened the meeting for a public hearing regarding the proposed Code Amendment that would replace the maximum area for detached buildings with a maximum area for the combined area of all detached buildings and detached garages. b. Manager McGuire presented the staff report. c. .Commissioner Ayers presented the Planning Commission recommendations. d. Mayor Greavu called for proponents and opponents. None were heard. e. Mayor Greavu closed the public hearing. 11 6-22-89 f. Councilmember Anderson introduced the following ordinance and moved its adootion• ORDINANCE NO. 645 AN ORDINANCE AMENDMENT REGULATING ACCESSORY BUILDINGS THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 1. Section 36-77 is amended as follows: Sec. 36-77. Accessory Buildings (a) The areas of accessory buildings on a lot shall be limited to areas in the following table: (1) (2) (3) (4) Lot Area Detached Bldgs. Attached Combination (sq.ft.) without an garages of detached attached garage without and attached bldgs. garage* buildings Under 8,000 786 768 1188 8,000-11,999 1,000 1,000 1420 12,000-15,999 1,000 1,000 1480 16,000-20,999 1,100 1,100 1660 21,000-41,999 1,250 1,250 1850 42,000+ 1,250 (garages) 1,250 25-- 1,000 (all other bldgs.) *The total area of all detached accessory buildings shall not exceed - the areas in Column (2). The total area of all attached garages shall not exceed the areas in Column (3). (b) A private garage shall not exceed sixteen feet in height as viewed from the street. (c) The City Council may approve an increase in height or area by conditional use permit. However, the maximum area of any one building shall not exceed the maximum area allowed for an attached garage in subsection (a) and the height shall not exceed the height of the house. (d) Detached garages shall not include living apace. No commercial use of a garage shall occur unless authorized by the City Council. Section 2. Section 30-3 is amended by adding a new subsection (e): 12 6-22-89 (c) A rezoning shall not be approved unless each new lot would be large enough to accommodate any existing accessory buildings, as required in Section 36-77 (a). Section 3. Section 9-6 (metal storage buildings) is amended by adding a new subsection (d): (d) A rezoning shall not be approved unless any metal storage buildings on the Bite comply with the requirements of this section. Section 4. This ordinance shall take effect upon its passage and publication. Seconded by Mayor Greavu. Ayes - all. 3.~ 7:20 P.M., Code Amendment: Off Street Parking (2nd Reading, 4 Votes) a. Mayor Greavu convened the meeting for a public hearing regarding the proposed code amendment to correct the current code where private parking stalls are too large for employee parking and too small for high turnover uses, such as retail stores. _ b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Board Member Anitzberger presented the Community Design Review Board's recommendation. e. Mayor Greavu called for proponents and opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Mayor Greavu moved to table this Item until the July 6, 1989 Meetino. Seconded by Councilmember Rosabach. Ayes - all. 4. 7:30 P.M., Lot Split and Variances: 1255 Ripley Avenue (Aliperto) a. Mayor Greavu convened the meeting for a public hearing regarding the request of Robert D. and Kim W. Aliperto for a lot split to create an 86.3 x 133.8 foot parcel on which their house is situated and a variance to create a second lot 73.7 x 133.8 foot corner lot. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the proposal. 13 6-22-89 d. Commissioner Ayers presented the Planning Commission report. e. Robert and Kim Aliperto, 1255 Ripley Avenue, the applicants, spoke on ' behalf of their request. f. Mayor Greavu called for proponents and opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Mayor Greavu moved to approve the lot split at 1255 Ripley as recommended and that before the deeds may be approved, the applicant shall relocate the exiet.inc detached carace on the new interior lot and also that the drvewa on the corner-lot shall be on Atlantic. Seconded by Councilmember Anderson. Ayes - all. i. Mayor Greavu introduced the followincreaolution and moved its adoptions 89-6-96 WHEREAS, Robert D. and Kim W. Aliperto applied for variances from the subdivision code for the following-described property: Lot 19 and the West 33.66 feet of Lot 20, Block 1, W. H. Fishers Addition to Gladstone, Ramsey County, Minnesota, and the South Half of the adjacent vacated alley accruing thereto. WHEREAS, Section 30-8 (f) (b) of the Maplewood Code of Ordinances requires that corner lots have a minimum width of 100 feet and a minimum area of 10,000 square feet of area. WHEREAS, the applicant ie proposing a corner lot width of 73.7 feet, requiring a variance of 26.3 feet, and an area of 9,860 square feet, requiring a variance of 140 square feet. WHEREAS, the procedural history of these variances is as follows: 1. These variances were reviewed by the Maplewood Planning Commission on June 5, 1989. The Planning commission recommended to the City Council that said variances be approved. 2. The Maplewood City Council held a public hearing on June 26, 1990, to consider these variances. 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. 14 6-22-89 ` NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above-described variance be approved on the basis of the following findings of fact: 1. All required setbacks could be met. 2. The proposed lot would be similar in width with four other I substandard corner lots in the neighborhood, two of which are on the same corner as the applicant's lot, and two are similar in area. Approval is subject to no driveway on to Ripley Avenue. Seconded by Councilmember Anderson. Ayes - all. j. Mayor Greavu introduced the followinc resolution and moved its ° adoptions 89-6-97 WHEREAS, Robert D. and Kim W. Aliperto applied for variances for the following-described property: Lot 19 and the Weat 33.66 feet of Lot 20, Block 1, W. H. Fishers Addition to Gladstone, Ramsey County, Minnesota, and the South Half of the adjacent alley accruing thereto. WHEREAS, Section 36-69 of the Maplewood Code of Ordinances requires that all lots in an R-1, single-dwelling residence district, have at least 10,000 square feet of area and 75 feet of lot width; WHEREAS, the applicant is proposing a earner lot which would have 9,860 square feet of area and 73.7 feet. of frontage, requiring variances of 140 square feet from the lot-size requirements and 1.3 feet from the lot-width requirements; WHEREAS, the procedural history of this variance is as follows: 1. This variance was reviewed by the Maplewood Planning Commission on June 5, 1989. The Planning commission recommended to the City Council that said variance be approved. 2. The Maplewood City Council held a public hearing on June 26, 1989, 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 statements. The Council also considered reports and recommendations of the City staff and Planning Commission. 15 6-22-89 NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the _ above-described variance be approved on the basis of the following findings of fact: 1. Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration because: a. The property cannot be put to a reasonable use without the variances, because: (1) the current width of 160 feet exceeds the width of most other lots in the area, and (2) the area could-be met by jogging the lot line into the interior lot. b. The plight of the landowner is due to circumstances unique to the property, not created by the landowner, because the existing house which was placed by a previous owner prevents moving the lot line to the east. c. The essential character of the area will not be altered, since: (1) All required setbacks could be met to provide property site lines at the intersection. (2) The proposed lot would be similar in width with four other substandard corner lots in the neighborhood, two of which are on the same corner as the applicant's lot,, and two are similar in area. Approval is subject to no driveway on to Ripley Avenue. Seconded by Councilmember Anderson. Ayes - all. 5. 7:40 P.M., Duluth and County Road C (Goff) a. Plan Amendment (4 Votes) b. Rezoning (4 Votes) 1. Mayor Greavu convened the meeting for a public hearing regarding the request of Goff Homes, Inc., for the following: a. A Comprehensive Plan amendment from SC, service commercial center to RM, residential medium density. b. A rezoning from R1, single-dwelling residence district to R3, multiple dwelling district. 2. Manager McGuire presented the staff report. 16 6-22-89- 3. Director of Community Development Olson presented the specifics of the proposal. 4. Commissioner Ayers presented the Planning Commission recommendation. 5. Mr. Pat Goff, Goff Homes, Inc., the applicant, spoke on behalf of his request. 6. Mayor Greavu called for persona who wished to be heard for or against the proposal. The following voiced their opinions: Linda Cincotta, 1262 Hilltop Court (opposed) L. Fourtner, 1285 Hilltop Court (opposed) 7. Mayor Greavu closed the public hearing. 8. Councilmember Anderson moved to table this item until the iuly 10, 1989 Meeting. Seconded by Councilmember Greavu. Ayes - all. 6. 7:50 P.M., Duluth Street (Rainbow Cleaning) a. Community Design Review Board Appeal b. Conditional Use Permit 1. Mayor Greavu convened the meeting for a public hearing regarding the request of Brian A. Dillon for a conditional use permit for a 4,925 square foot office building. The CUP is required because the proposed building would be'110 feet from the residential district to the east. 2. Manager McGuire presented the staff report. 3. Director of Community Development Olson presented the specifics of the proposal. 4. Commissioner Ayers presented the Planning commission report. 5. Board Member Anitzberger presented the community Design Review Board report. 6. Brian Dillon, the applicant, spoke on behalf of hie request. 7. Randy Engel, Buetow and Associates, inc., spoke on behalf of the proposal. 8. Mayor Greavu called for proponents and opponents. None were heard. 9. Mayor Greavu closed the public hearing. 17 6-22-89 - 10. Councilmembers Anderson moved to eliminate Condition No. 18 of the C.D.R.B. conditions and insert "all plants which die shall be replaced." Seconded by Councilmember Juker. Ayes - all. 11. Councilmember Anderson introduced the followinc resolution and moved its adoption• 89-6-98 WHEREAS, Brian A. Dillon initiated a conditional use permit to build an office building in an M-l,light-manufacturing district, within 350 feet of a residential district, at the following- . described property: The east 150 feet of Lot il, W. H. Howards Garden Lots, Ramsey County, Minnesota, lying North of the following described line: Commencing at the Northeast corner of Section 9, Township 29, Range 22; thence West, assumed bearing, a distance of 498.57 feet; thence South a distance of 126 feet; thence Southwesterly along a tangential curve, concave to the Northwest, the central angle being 90 degrees, radius 300 feet, a distance of 471.24 feet; thence Southwesterly along a tangential curve, concave to the Southeast, the cental angle being 89 degrees 13 minutes, 15 seconds, radius 283.60 feet, a distance of 441.62 feet and there terminating. Except the North 230 feet and subject to Duluth ,Avenue over the Southerly 30 feet thereof. Together with The West 75 feet of the East 225 feet of Lot 11, W. H. Howards Garden Lots, Ramsey County, Minnesota, lying North of the centerline of Duluth Street, except the North 230 feet thereof. WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was reviewed by the Maplewood Planning Commission on June 5, 1989. The Planning commission recommended to the City Council that said permit be approved. 2. The Maplewood City Council held a public hearing on June 26, 1989. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be 18 6-22-89 heard and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above-described conditional use permit be approved on the basis of the following findings-of-fact: 1. The vas is in confornity 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 detrimental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character of that zoning district. 4. The use would not depreciate property values. 5. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to the noises, glare, smoke, dust, odor, fumes, water pollution, water run-off, vibration, general unsightliness, electrical interference or other nuisance a. 6. The use would generate only minimal vehicular traffic on local atreeta 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 atreeta, 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: 19 6-22-89 1. Adherence to the site and landscaping plans, dated May 1, 1989, with the revisions and conditions approved by the Community Design Review Board. 2. This permit shall be subject to review after one year from the date of approval, based on the procedures in City Code. Seconded by Councilmember Juker. Ayes - all. 7. 8:00 P.M., Liquor License: Fox and Hounds (GOdbouta) a. Mayor Greavu convened the meeting for a public hearing regarding the request of Eileen Godbovt for an On-Sale Intoxicating Liquor License to be located at 1734 Adolphus Street (Fox and Hounds). b. Manager McGuire presented the staff report. c. Director of Public Safety Collins presented the investigation report. d. Mayor Greavu called for persons who wished to be heard for or against the proposal. None were heard. e. Mayor Greavu closed the public hearing. f. Mayor Greavu introduced the followina resolution and moved its adoption: 89 - 6 - 99 NOTICE IS HEREBY GIVEN, that pursuant to act ion,by the City Council of Maplewood, Minnesota, on June 26, 1989, an On-Sale Intoxicating Liquor License was approved for Eileen Godbout, dba Foxand hounds, 1734 Adolphus. This Council proceeded in this matter as outlined under the provisions of the City Ordinances. Seconded by Councilmember Rossbach. Ayes - all. O. VISITOR PRESENTATIONS 1. David Oswald, 312 Forest a. Mr. Oswald stated he was concerned about the Hauae recreational vehicle permit. b. Council tabled this item until July 6, 1989. 2. Gary Gerke, 1252 Cope Avenue 20 6-22-89 a. Mr. Gerke questioned if something could be done with maintaining the building that was previously the Maplewood Racquetball Court. The weeds and debris are accumulating. b. Staff will investigate. 3. Mike Dittel, 1760 Onacreat a. Mr. Dittel questioned what was to become with the property on Onacrest, north of Larpenteur, that was retained by the City for open space. He feels only half of the property is needed, and the balance can be used for other uses. It is becoming a dump. b. Councilmember Juker moved to direct staff to look at various options as to maintaining the land or whatever would benefit the neighborhood and the City. Seconded by Councilmember Anderson. Ayes - all. G. UNFINISHED BUSINESS (Continued) 5. Code Amendment - Pipeline Setback (2nd Reading) a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the proposed ordinance. c. Mayor Greavu introduced the following ordinance and moved its adoption• ORDINANCE NO. 646 AN ORDINANCE AMENDING THE PIPELINE SETBACK ORDINANCE The Maplewood City Council hereby ordains as follows: Section 1. The pipeline Setback Ordinance ie amended and adopted as follows: ARTICLE XI. PIPELINE SETBACK Sec. 9-215. - Purpose. It is the purpose of this article to protect the public from the hazards of a pipeline leak by requiring that new buildings designed for human use or occupancy and their attachments must meet a minimum required setback. Sec. 9-216. Applicability. 21 6-22-89 This article shall apply to any new subdivision, building or addition proposed to be located within one hundred (100) feet of a pipeline. However, additions to buildings that were constructed prior to August 10, 1987, shall be exempt from this article. Sec. 9-217. Definitions. As used in this article, the following words and phrases shall have the meanings ascribed to them in this section: Pipeline: 1. Pipe with a nominal diameter of six (6) inches or more, 'i located in the state, that is used to transport hazardous liquids, but does not include pipe used to transport a hazardous liquid by gravity, and pipe used to transport or store a hazardous liquid within a refinery, storage, or manufacturing facility, or 2. Pipe operated at a pressure of more than two hundred seventy-five (275) pounds per square inch that carries gas. Building: Any structure designed primarily for human use or occupancy, including, but not limited to, businesses, offices, residences and institutions. Decks, overhangs, porches, attached garages, or any similar attached structures shall be considered part of the building. Detached garages shall not be considered part of the building. Sec. 9-216. Building setback. (a) All buildings subject to the provisions of this article and all newly created lots shall be designed to accommodate a setback of at least one hundred (100) feet from a pipeline. The City Council may approve a reduced setback where the applicant can prove that there is a unique hardship to the property that prevents the reasonable and practicable development of the property. In such cases, the City Council may require berming, an oil containment system or similar requirements to mitigate the potential damage to a building by a pipeline leak or explosion. Unencloaed decks may extend up to sixteen feet into the approved setback. (b) Notwithstanding the above, the Director of Community Development may reduce the setback where the building or~addition would not be any closer than the prevailing setback of neighboring buildings. The Director's decision may be appealed to the City Council. 22 6-22-89 Sec. 9-219. Required grading. The site shall be graded to maximize the distance between any pipeline leakage and the proposed or surrounding buildings. Sec. 9-220. Pipeline location. At the time of application for a building permit site plan review or preliminary plat, the applicant shall provide a certificate of survey, signed by a registered land surveyor, that shows the location of any pipeline within one hundred (100) feet of the proposed building or building pad. The elevation of the pipeline shall be shown on the site plan and on a grading plan, when such plan is required to be submitted. Sec. 9-221. Lot of record. A proposed building on an undeveloped lot of record that cannot be constructed because of this article, shall be allowed to be constructed if the building is located so as to comply .with this article as closely as possible. The City may require an oil containment system, to be approved by the City Engineer. Section 2. Section 30-8 (f) (12) is amended as follows: (12) Pipelines. The City may require additional lot width or depth to provide enough buildable area to meet the pipeline setback ordinance in Article XI of Chapter 9. Wherever practical, subdivisions shall be designed with an existing pipeline along rear lot lines. A deed restriction shall be recorded against each lot that ie all oz partially within the 100-foot setback stating this lot is subject to a pipeline setback and that all buildings or additions must be set back at least 100 feet from a pipeline. A deck may be constructed up to sixteen feet into the setback. Section 3. This ordinance shall take effect upon its passage and publication. Seconded by Councilmember Roasbach. Ayes - all. M. NEW BUSINESS 1. Schedule of 1990 Budget Meetings a. Director of Finance presented the staff report. b. Councilmember Anderson moved to hold a bvdcet meeting of Auoust 9, 1989, at 1:00 P.M. Seconded by Mayor Greavu. Ayes - all. 23 6-22-89 2. Proposed Settlement Sergeants - a. Manager McGuire presented the staff report. b. Mayor Greavu moved_t_o approve the 1989 Settlement with the seroeants as follows• 1. WAGE INCREASE: 4.08 increase over 1988 pay equity base ($120/month) effective 01-01-89. 2. LIFE INSURANCE: Increase life insurance coverage from $15,000 to $25,000. 3. HEALTH INSURANCE: Increase employer contribution for dependent health insurance by $10.00. 4. OVERTIME: No overtime shall be paid for any shift extension of less than one-half hour; unless the extension ie greater than one-half hour, then the entire shift extension shall be considered overtime. 5. LONGEVITY: Eliminate 12 and 16 year step. Any officer promoted to Sergeant may retain their existing longevity. Any sergeant promoted as of O1-O1-89 shall be allowed to move one step in their normal progression during the term of this Agreement. 6. MERIT PAY: The Employer agrees to establish a merit system by contributing and paying out 38 of bargaining unit's total pay. No employee shall receive over 58. Employees promoted on or after October 1st of each year will not be eligible for merit pay within that calendar year. Merit pay for employees promoted prior to Octoberist shall be prorated. 7. DURATION: This Agreement shall be effective from 1-1-89 through 12-31-90, with a wage and insurance reopener on 12-31-89. Seconded by Councilmember Anderson. Ayes - all. 3. Request to Promote Police Officer to Sergeant a. Manager McGuire presented the staff report. b. Councilmember Anderson moved to authorize thefillinc of the current vacancy by promotinc a police officer to eeraeant. Seconded by Mayor Greavu. Ayes - all. 4. Replacement of Clerk Typist a. Manager McGuire presented the staff report. 24 6-22-89 b. Mayor Greavu moved authorization to hire a police clerk typist to fill the current vacanev. Seconded by Councilmember Rosabach. Ayes - all. 5. Request to Hire Police Officer a. Manager McGuire presented the staff report. b. Councilmember Rosabach moved authorization to fill the police officer vacancy that occurred when a police officer was promoted to aerceant. Seconded by Councilmember Juker. Ayes - all. 6. Brooke Avenue Project 88-08: Schedule Assessment Hearing . a. Manager McGuire presented the staff report. b. Councilmember Juker introduced the followinc resolution and moved its adoptions 89 - 6 - 100 WHEREAS, the City Clerk and City Engineer have received bide for the improvement of Brooks Avenue, Hazelwood to Germain Water Main, City Project 88-08. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment, notify the Council thereof. Seconded by Mayor Greavu. Ayes - all. c. Councilmember Juker introduced the followinc resolution and moved its adoptions 89 - 6 - 101 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Brooks Avenue, Hazelwood to Germain Water Main, City Project 88-08, and the same assessment is on file in the office of the City Clerk. 25 6-22-89 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 24th day of July, 1989, at the City Hall at 7:00 P.M., to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area ' to be assessed, that the proposed assessment roll is on file with the Clerk and that written or oral objections will be considered. Seconded by Mayor Greavu. 7. County Road C Water Project 68-10, Schedule Assessment Hearing a. Manager McGuire presented the staff report. b. Councilmember Anderson introduced the followincresolution and moved its adoption; 89 - 6 - 102 WHEREAS, the City Clerk and City Engineerhave received bids for the improvement of Keller Parkway/County Road C Water Main, City Project 88- 10. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for _ inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. Seconded by Mayor Greavu. Ayes - all. c. Councilmember Anderson introduced the followino resolution and moved its adoption• 26 6-22-89. 89 - 6 - 103 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Keller Parkway/County Road C Water Main, City Project 88-10, and the said assessment is on file in the office of the City Clerk. NOW, THEREFORE, SE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, _ - MINNESOTA: 1. A hearing shall be held on the 24th day of July, 1989, at the City Hall at 7:10 P.M., to pass upon such proposed assessment and at such time and place all persona owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3, The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the Clerk and that written ororal objections will be considered. Seconded by Mayor Greavu. Ayes - all. 8. Southlawn Drive Project 85-17, Change Order No. 3 a. Manager McGuire presented the staff report. b. Councilmember Anderson introduced the followinc resolution and moved its adootion• 89-6-104 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 85-17, Southlawn Avenue, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, in the amount of $449,966.97, and WHEREAS, it is now necessary and expedient thatsaid contract be modified in the amount of $26,920.00, and designated as Improvement Project 85-17, Change Order 3. 27 6-22-89 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 3. Seconded by Councilmember Rosabach. Ayes - all. 9. Gervaie Avenue Project 88-14, Change Orders a. Manager McGuire presented the staff report. b. Councilmember Juker introduced the following resolution and moved its adoption• 89 - 6 - 105 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made improvement Project 88-14, Gervaie Avenue, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 88-14, Change Orders 1 through 4. 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 Orders 1 through 4. Seconded by Councilmember Anderson. Ayes - all. c. Councilmember Juker moved that a strong letter opposing their mandating a chance in the contract that cost Maplewood more money. Seconded by Councilmember Anderson. Ayes - all. 10. Brush Disposal Day a. Manager McGuire presented the staff report. b. Councilmember Juker moved to take no action on a Citv-sponsored "brush day" this year but send a letter to Ramsey County aupportina a permanent brush disposal site. Seconded by Councilmember Anderson. Ayes - all. 11. Variances and Variations a. Manager McGuire presented the staff report. b. Councilmember Juker moved to refer this matter back to staff for a better definition. 28 6-22-89`- Secondedby Councilmember Anderson. Ayes - all. 12. Amendment of the Sewer Element of the Comprehensive Plan (4 Votes) a. Manager McGuire presented the staff report. b. Director of Public Works explained the specifics. c. Mayor Greavu moved that the report be anoroved as a revision to the Maplewood Comprehensive Plan. Seconded by Councilmember Anderson. Ayes - all. ' I. COUNCIL PRESENTATIONS 1. Danger - Children Signs - Maryknoll a. Councilmember Anderson moved that "Slow-Children Plavinc" signs be placed on Maryknoll at Frost Avenue. Seconded by Mayor Greavu. Ayes - all. 2. Crime Watch a. Councilmember Anderson reported on a meeting he had attended regarding the Crime Watch program and wished to compliment the Maplewood Police Department and Police Officer Jack Atchison on the excellent job they are doing and wished to support it. b. Staff stated money is in the program budget to help to support the program. 3. Ramsey league a. Councilmember Rossbach presented a plaque from the Ramsey County League to the Mayor as a thank you for continued support of the League. 4. Developers - Grading Property a. Councilmember Anderson stated he has received calls from property owners that are experiencing problems with developers going onto their property while grading for their project. The persons doing the grading have been trespassing on private property, and when told by the property owners to remove themselves, are very rude and refuse to move. Can something be done? b. Staff will investigate. 5. No Dumping Signs Previously discussed. 29 6-22-89 6. Grass Cuttings a. Councilmember Juker commented on the condition of the yards on the west side of White Bear Avenue from Radatz to Beam. The grass should be cut. b. Staff will investigate. ' 7. Cars For Sale on White Bear Avenue a. Councilmember Anderson commented on thenumber of cars for sale at the house on east aide of White Bear Avenue north of 11th street. b. Staff will investigate. 8. Fins Gas Station ' a. Councilmember Juker stated the driveway at Fina Station does not match up with driveway across the street as was ordered. - b. Staff stated it was measured and the condition approved was at specific distances. 9. Thursday Meetings a. Councilmember Juker stated she would like Council to reinstate the Thursday shirt-sleeve sessions. She stated she does not like having two meetings for one agenda, and she feels all should be completed in one night. - b. No action taken. To be discussed Monday evening. 10. Set Date - Review Fire Department Study a. Council established informal meeting for Manager and Council to discuss the Fire Study. Meetings are to be July 19 or 26th beginning at 4:30 P.M, 5:00 P.M., etc. J. ADMINISTRATIVE PRESENTATION 1. Code Review R-3 District a. Manager McGuire presented the staff report. b. Council stated the zone and plan amendment should be compatible for each property. c. Item to be discussed at next meeting. 30 6-22-8§" P: ADJOURNMENT OF JUNE 26. 1969 .MEETING. 10:25 P.M. City Clerk { 31 6-22-89