HomeMy WebLinkAbout10.23.89 and 10.26.89 MILNTBS OF MAPLEWOOD CITY COUNCIL
7:00 P.P1., Monday, October 23, 1959
and
4:30 P.Id., Thursday, October 26, 1959
Council" Chambers, Pfunicipal Building
Meeting No. 89-24
A. CALL TO ORDEF.:
A regular meeting of the City Council of Maplewood, I4innesota, c::*as held in the
Council Chambers, Plunicipal Building, and was called to order at 7:02 P.t~1. by
Mayor Greavu.
B. ROLL CALL
John C. Greavu, Pfayor Present
tiorrnan G. Anderson, Councilmember Present
Gary L7. Bastian, Councilmember Present
France-s L. Ju::er, Councilmember Present
George F. Rossbach, Councilmember Present
C. APPROVAL OF N:II\'L'TES
1. Minutes of Ideetirg Ido. 59-13 (June S and 12, 1SS9)
Mayor Greavu moved to approve the Minutes of Meeting Dio. 89-13 (June 5 and
12, 1959) as submitted.
Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers
Anderson, Bastian and Juker.
Councilmember Rossbach abstained.
2. hliuutes, Special Council Pieeting (October 4, 1959)
Fiayo_ Greavu moved to approve the Minutes of Special Counc-a I•ieeting
October 4, 1989 as submitted.
Seconded by Councilmember Juicer. Ayes - all.
D. APPFOVAL OF AGEidDA
14apor Greavu moved to approve the Agenda as amended:
1. Bacon Davie Law
2. Schroeder Miliv
3. Maplewood Mal= Traffic
4. Ccpe and 5ngl="sh
5. A,-cade-Roselaem Gas Station
1 i0-73-59
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Seconded by Councilmember Rossbach. Ayes - all.
E. COMSEi?T AGE:dDA
Council removed Item E-5 to become Item I-9.
Councilmember Rossbach moved to table Item E-6 for further information.
Seconded by Councilmember Juler. Ayes - all.
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Mayor Greavu roved, seconded by Councilmember Rossbach, Ayes - x11, to approve Items
E-1 through 4 and 7 throu^h 10 as recommended.
L F,pproval of Claims
ACCOUNTS PAYAP,LE;
$ 309,862.70 Checks 414396 - ;',`4935
Dated 10-02-39 thru 10-11-89
$ 121,349.69 Checla 4f2281 - 4,'2418
Dated 10-23-89
$ 431,262.39 Totai per attached voucher/chect: register
PAYROLL:
$ 171,040.56 Payroll Checks
$ 33,615.86 Payroll Deductions
$ 204,657.42 Total Fay roll
$ 635,919.81 GRADID TOTAL
Tit:z Extension: Beaver Creel: Apartments
Approved a one-year time extension for the Beaver Creek Apa::-tments P.ll.D.
subject to the October 24, 1988 conditions of approval.
3. Time Extension: Torgerson Addition !
Approved a one-year time e:_teasion for the Torgerson addition preii.minary
plat subject to the October 24, 1980^ conditions of approval.
4. Time Extension: llazel Ridge P.U.D.
Approved a one-year t~-me e~_teusion for the Hazel. Ridge p-armed unit
development, subject to the original 14ay 13, 1985 conditions of approva L
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5. Conditional Use Peinit Renewal: Highway 61 (Fratta'_one)
Discussed as item I-9.
6. Conditional Use Permit Renex*al: 2683 Geranium Avenue (Hechtel)
Tabled for further investigation.
7. Change Orde±- 170. 1 - Broola Avenue Project 8S-O o"
Resolution No. 89 - 10 - 170
IdNEREAS, the City Council of PYapleivood, Minnesota, has heretofore
ordered made Improvement Project 88-08 and has let a construction contract
pursuant to Minnesota Statutes, Chapter 429, and
WIlEP.EAS, it is now necessary and expedient that said contract,
original amount $31,946.52 be modified and designated as Improvement
Project 38-08, Ghange Order One.
1I0F7, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF I~'u~PLE4IOOD,
i:_IdivBSOTA, that the Ifayor and City Clerk are hereby authorized and
directed to modify the existin& contract by executing said Change Order
One in the amount of $1,175.
8. Payment of Park._ng Area in P=easantviee: Parh
Authorized the transfer of $3,936.62 from the Highc:ood'1leighbo.:hood P.A.C.
Fund fcr the payment of a parking faciLty iu Pleasantvieia Park.
9. Final Payment: Painting Interio-. of Cope Avenue 4later Tanl:
Resolution t7o. 89 - 10 - 171
i71IDREAS, the C.ty Council of Ate.piewood, Pinnesota, has heretofore
ordered the painting of the interior of the Cope Avenue water tani: and has
let a construction contract, and
47HEREAS, it is noA necessary and expedient that sa~.d contract in the
original amount of $87,945.00 be modified and designated as Change Order
NOi•1, TFIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWCOD,
I4IP7;vTESOTA, that the t4ayor and City Clerk are hereby authorized and
directed to modify the existing contract by e::ecutiug said Ghange Order- 2
in the amount of- $1532.
Resolution No. 89 - 10 - 172
3 10-23-89
T]HEP.EAS, the City Council of Maplewood, Minnesota, has heretofore
entered into a contract for improvements described as painting of rote ri oi:
of Cope Avenue water tank, and
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WHEREAS, said project has been certified as completed.
HObI, THSP.EFOP,E, BE IT RESOLVED BY THE CITY COUbiCIL OF P5APLEi-100D,
MIN2dBSOTA, that the project is completed and accepted and final payment in
the amount of $48,101.40 is approved.
10. Budget Transfer: Legal
Approved a budget transfer of $26,400 from the Contingency Account to
Account 101-103-4480 to cove-r the projected re-estimate of legal fees for
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balance of 1989.
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F. PUBLIC HEARI?tGS ~
1. 7:00 P.2~i., Roselamn Avenue, T.Y.. 49 to jack on, Project 87-01 (4 Votes}
a. 2~fayor Greavu convened the meeting for. a public hearing regarding the ii
construction of street and bridge on Roselac~m Avenue, T.H. 49 to Jacls on,
in cooperation ;pith Ramsey County.
b. Idana~er h^.cGnire presented the Staff report.
c. City Attorney 1'eiiy e:;plained the legal procedures regarding the
public hearing.
d. Assistant City Eng.-~.neer Irish presented the specifics of the proposal.
e. Marvin L. Sorvala, Bonestroo and Anderiik Assoc_abes, Consulting
Engineer for F.amsey County, spoke on behalf of the proposal.
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f. Co-.missione-r P.a1ph Sletton presented the Planning Commiss~_on '
reconu:iendation.
g. Izyor Greavu caLed for proponents. Dlone were heard.
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h. Mayor Greavu called for opponents. The following Mere heard:
I
Bill Engnun
i. T•7ayne Leonard, Ramsey County Project Coordinator, e`.plained the project.
j. i>tayor Greavu closed the public hearing.
k. Afayor Greavu moved that the St. Paul Water Department provide the necessary
screening oa Roseiaien as previously ar°eed to
Seconded by Counc'_lmember Anderson. Ayes - all.
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1. Mayor Greavu introduced the following resolution and moved its
adoption-
89 - 10 - 173
YIH~P,EAS, after due notice of publi-c hearing on the construction of
bituminous roadway with concrete curb and gut*_er, bridge, storm sec-per,
water main, and appurtenances onRose"lawn Avenue from Rice Street (T.H.
49) to Jac?son Street, City Project 87-01, a hearing on said improvement
in accordance with the notice duly given was duly held on October 23,
1939, and the Council has heard all persons desiring to be heard on the
matter and has fully considered the same;
NOG1, THEREFORE, BE IT RESOLVED BY THE CITY COUI]CIL OF IfAPLF.Td00D,
MIt]NESOTA, as fellows:
1. Tl.at it is advisable, e~:pedient and necessary that the
City of Mapleerood construct bi.tumi.nous roadoray with
concrete curb and gutter, bridge, storm sewer, water main,
and appurtenances on Roselae*n Avenue from Rice Street
(T.H. 49) to Jackson Street, City Project 87-01, as
described in the notice of hearing thereof, and orders the
same to be made.
2. The eFecution of a cooperative agreement with Ramsey
County for sa_d improvement is hereby authorized.
Seconded by Councilmembsr F.nderson. Ayes - a1i. -
m. f-fayor Greavu introduced the fo:Llowin~ resolution and moved its _
adoption-
89 - to - 174
FIHEP.EAS, plans for Project IIo. S.P. 62-626-03 Bri.dg,e No. 62559 showing
proposed aiignmeut, profiles, grades and cross-sections for the
construction, reconstruction, or improver..ent of County State A,'d Highczay
P]o. 26 caztcin the limits of the City as a Federal Arid project hose been
prepared and presented to the City.
I]OI], THEREFORE, BE IT RESOLVED: That said plans be in all things
approved.
Seconded by Councilmember Anderson. Ayes - all.
Mayor Greavu announced that items after H-4 would be heard on Thursday, October 26, L989,
at 4:30 P.I4.
Lorraine Tischer, representing the H.R.A., stated she could not attend the Thursday
meeting and Item I-2, Code Amendment: Trust in Sale of iIousi.ng (1st reading) was of
interest to the II. R.A. Board.
5 10-23-89
acilmember Juker stated she would not be at the Thursday meeting and requested this
item be tabled.
2. 7:45 P.M., Ailey Vacation and Preliminary Plat: Sheryl's Addition
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a. Mayer Greavu convened the meeting fora public hearing regarding the
request of Willard Riorton to vacate the alley between German and Ar,•.el,
south of Cope Avenue> preliminary plat for seven single dwelling lots to
~I be known as Sheryi's Addition. j
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j b. t4anager IdcGuire presented the Staff report.
~ c. Director of Comrunity Development Olson presented the specifics of the
proposa s.
da Commission Ralph 5letton presented the Planning Commission
recommendation.
e. Dor-a 1d Campbell, Land Surveyor, representing Mr. IQorton, stated he
doesn't agree with the Staff that Lots 4 and 5 need grading for drainage
purposes.
f. Councilmember P.ossbach moved to tab 7.e thi_a item F-2 until the Tlovember
13, 1939, meeting to allow the Staff to investigate the eradi-ng plans.
Seconded by Councilmember Juker. Apes - Councilmembers Anderson,
Bastian, Juke?- and Rossbach
Ray - biayo-r Greavu.
3. 2:00 P.I~1., Variance: 17^00 E. County Road D (Day's Inn1 i
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a. 2•fayor Greavu convened the meeting for a public hearing regarding the ~
request of Day's Inn for a 50 foot sign variance. The sign height could
be 100 feet.
b. Idanager I~icGuire presented the Staff report. I
c. Director of Community Development Olson presented the specifics of the.
proposal.
' d. Board 24ember Anitzberger presented the Community Design Reviecr Board
recommendation.
e. Ron Ring ling, owner of Maplewood Day's Inn, expressed his reasons for
needing the sign.
f. Piayor Greavu called for proponents and opponents. 27one were heard.
g. Riayo*_- Grea-au closed the public hearing.
6 10-23-59
h. Counci_lmember Jukermoved to approve the variance to a11ow the 100
foot sign to be a landmark sign with only one in the area.
Seconded by Councilmembex Anderson.
Councilmembex Suker withdrew her motion.
i. Councilmembex Bastian introduced the following reso7ut:'.on and moved
its ad optzon• '
89 - 10 - 175
WHEREAS, Day's Inn applied for a variance for the following-described
property:
• Part of Lot 6, Block 1, Maplewood t4a11 Addition ?Borth of a Line ICI
291.55 feet north of and parallel to south line of I7:d 1/4 of IdLJ
1/4 of Section 2, Township 29, Range 22, in said Section 2; The
?dorth 731.13 feet of South 1022.73 feet of part lying o:es~ of
D?aplewood P4a1.1 Add it_.on of P;d 1/4 of ?~~fd 1/4 (Subj to roads and
easements) in Section 2, Township 29, Range 22;
This property is also knoo:n as 1730 E. County Road D, Daplewood;
WIiEP.EAS, Section 36-352 of the Maplewood Code of Ord_nances requires a
ma__imum sign he'.ght of 50 feet;
~rJiiER3GS, the applicant is proposing a 100-foot-ta"_ sign requi:°ing F
variance of 50 feet;
irJHEREAS, the procedural history of this variance is as follow:
1. This variance was reviewed by t're Iaplewood Community
Design Review Board on September 26, 1939. The Board
recommended to the City Council_ that said variance be'
denied.
2. The Maplewood City Council held a public hearing on
October 23, 1939, to consider this variance. 13otice
tnereof was published and mailed pursuant to 1acv. All
persons present at said hearing were given an opportunity
to be heard and present w_-itten statements. The Council
also consideredreports and recommendations of the City
Staff and Planning Commission.
IIOLJ, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUI2CIL that the
above-described variance be approved on the basis of the following
findings of fact:
1. Strict enforcement of the Code would cease undc hardsh::n;
7 10-23-39
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2. The construction of new development in the Map?.ewood I~fa°1
-area makes finding the Day's Inn diffi-cult; -
3. The prohibition of advertising along White Bear Avenue; i
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4. Day's Inr. is the only hotel/motel on the west side of the '
Pfal_ and should be ease accessed;
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5. The variance would be in the spirit and intent of the
ordinance.
Seconded by Cound.7.member Juker. Ayes - all.
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4. 8:15 P.14., 2271 White Bear Avenue (Fleming)
a. Community Design Review Board Appeal.
b. Conditional Use Permit.
1. Mayor Greavu convened the meeting for a public hea:-ing j
regarding the request of Joseph Fleming fo= approval of a '
condi-t zonal use permit to redevelop his fuel station with a-new '
faci7.ity i.nclud.ng: a convenience store, two express lube bays,
four regular service bays, a car wash and fuel islands and a
conditiona?. use permit to allow a fuel statior. and repair garage
co ithi_n 350 feet of residentr,.a1 district.
2. Manager YicGuire presented the Staff report.
3. Director of Community Development Olson presented the
specifics of the proposal.
4. Board (!ember P.ni.tzberger presented the Coramun.tp Design REvi_et•;
Beard report.
5. Comra is sione±~ Sletton preseuted the Pi anring GOmmi3.°. ].On
-_ecommerdation.
6. hfr. Joseph Flerring, owner of Flemings Service Center, spoke
on behalf of his request.
7, i?r. Bob Fields, .representing Mr. Fleming, spoke on the
proposed development.
8. bfayor Greavu called for proponents and opponents. The
following e: pressed their views:
- Mrs. Cheryl Giassel, daughter-in-law of Jamas G_assel, 1775 Lark
Doroth}' Franzen
9. Mayo-r Greavu closed the public hearing.
8 10-23-89
10. Counci-imember P.ossbach introduced the following resolution and moved its
adoption•
89 - to - 176
AHEREAS, Soseph L. Fleming initiated a conditional use permit to
expand his service station at the following-described property:
Registered Land Survey Plumber 258, Tract B
This property is also known as 2271 White Bear Avenue, Maplewood;
WI~IEREAS, the procedura:i history of this conditional use permit is as
fo~~owc.
1. This conditional use permit wac reviewed by the Mapleo*ood
Planning Commiss-.on on October 2, 1989. The Planning
- Commission recommended to the City Council that said
permit be approved.
2. The Maplewood City Council held a public hearing on
October 23, 1989. tdotice thereof was published and mailed
pursuant to l.aw. All persons present at said hearing were
given an opportunity to be heard and present v7ritten
statements. The Council also considered reports and
recommendations of the City Staff and Planning Com,-niss-i.on.
P10!„ THEREFORE, BI_? rT RESOLVED E`_' THE MAPLEGIOOD CITY COUNCIL THAT *_P,e
above-described condi.tiona_ use pe~nit be approved on the basis of the
following find_.ngs-of-fact: -
1. The use would be located, designed, mainte.ined,
coma ructed and operated to b2 in-conformity with the
City's Comprehersi.ve P'_an and Code of Crdiiiances.
2. The use would not charge the e:cisting or planned character
of the surrourd.ng area.
3. The uce would not depreciate property values.
4. Tile use would not involve any activity, process,
materials, equipment or methods of operation that would be
dangerous, hazardous, detrimental, disturbing, or cause a
nuisance to any person or property, because of excessive
noise, glare, smoke, dust, odo_, fumes, water or ai.r
pollution, drainage water run-off, vibration, general
unsightliness, electrical interference or other nuisances.
5. The use would generate only minimal vehicular traffic on
local. streets and r:~oul.d r.ot create traffic congest_on or
unsafe access on e.:isting or proposed streets.
9 10-23-89
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6. The use would be served by adequate public facilities and
services, including streets, police and fire protection,,
drainage structures, Ovate: and se*.Jer systems, schools and ~
parks.
7. The use would not create excessive additional costs for
pubic facilities or services.
8. The use would maximize the preservation of and incorporate
the site's natural and scenic features into the
development design.
9. The use would cause minimal adverse environmental effects.
10. There would not be a signif-.cant affect or, the development
of the parcel as zoned.
Approval is subject to the fol'_osring conditions:
1. Adherence to the site plan, dated September 6,
198p.
2. The hours cf operation shall be limited to 7:00
A.i4, to 10:00 P.P1.
3. Tires and other debris sh211 not be sto-ed on site.
4. Tire site shall be adequatei}~ drained from
resi.dentia_ properties.
5. The dr:.ve access shall be investigated and b ought
bac': tc the City Coun¢i.l for review.
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6. Ttc.s perrni.t shall be subject to review after one ~
year from the date of approval, based on the;
proccdu_es i.n City Code. ~
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Seconded by I~ayox Greavu. Ayes - I~iayor Greavu, Councilmembers
_Andersnn, Bastian and Rossbach.
Nay - Councilmember Jul:e-_.
Mayor Greavu called a five minute recess.
Piayor Greavu reconvened the meeting at 10:00 P.M.
5. 8:45 P. M., Condi.tiona'_ Use Permit: 2207 McAfee Circle.
?-layer Greavu convened the meeting for a public hear)-ng regarding the
request of Scott and Julie Hoffman for a corditionai use permit `_n order
to construct a deck into the required setbac'_: along County Road B.
10 10-23-8^
- b. Manager 14cGuire presented the Staff report.
c. Director of Community Development Olson presented the specifics of the
request.
d. Comr:.issioner. Sletton presented the Planning Commission report.
e. l.ayor Greavu called for proponents and opponents. None were heard. -
f. I4ayor Greavu closed the public hearing.
g. Councilmer,.ber Sulcer introduced the following resolution and moved its
adoptibn:
89 - 10 - 177
4?HEREAS, Scott and Sulie Hoffman '_.nitiated e conditional use permit to
const_uct a dec=: in the required setbac=: at 2207 McAfee Circle;
Tlu.s property is also kno;an an' Lot 17, Bloch One, Cave's English
Street Addition, [-fap?ewood;
YIHEREAS, the procedural histo.-y of *_L-is conditional use permit is as
f0110W5:
_ 1. Tlv_s conditions. use permit was reviewed by the 1".ap'_etaobd _
Planning Coruaission on October 2, 1989. The P-'_anning
Commission recommended to the C_-_ty Counc;_1 that sa.d
pe_n:i.t be approved.
2. The Plaplewood City Council held a public hearing on
October 23, 1989. Ydotice thereof was published and wailed
pursuant to raw. Ail persons present at said hearing were
;riven an opportunity to be heard and present a+ritten
- statements. The Council also cor.side_ed reports and
recommerdat~ons of the City Staff and Planning Commission.
P10I?> THEREFORE, BE IT RESOL4'ED BY THIS P;AFLEid00D CITY COUYdCIL THAT the
above-described conditional use permit be approved on the basis of the
following f;.ndings-of-fact:
1. The use would be located, designed, maintained, constructed and operated
to be in conformity with the City's comprehensive plan and Code of
Ordinances.
2. The use would not change the e,c;_sting or planned character
of the surrounding area.
3. The use 4lOllld not depreciate property values.
4. The use would not :involve any activity, process,
11 10-23-89
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mater=_als, equipment or methods of operation that would be
dangerous, hazardous, detrimental, disturbing, or cause
nuisance to any person cr property, because of excessive
noise, g'_are, smoi:e, dust, odor, fumes, taster or air
pollution, drainage water run-off, vibration, general,
unsightliness, electrical interference or other nuisances.
5. The use would be served by adequate public facilities and
services, including streets, police and fire protection,
drainage structures, water and sewer systems, schools and
parks.
6. The use would not create e..cessive additional costs for >j
public facilities or services.
7. The use e:ouid ma-;:imize the preservation of and incorporate
the site's natural. and scenic features into the
development design. ~
II. The use would cause minimal adverse envirocuaentai effects.
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7.pprova"i i_s subject to the follot,~ing conditions:
1. Adherence to the siae plan, dated August 18, 19 SS, unless.
a chanbe is approved by City Staff.
2. Approval of a"_i building plans and issuance of a building
permit by the bu:ild_nc inspector prior to the sta;:t of
constructiou.
3. Plo permarsent taalis or roof shall be permitted with the
dec?; in the setback encroachment area.
4. The storage area unde_ the decl~ shard not be heated and
sha_i not be used fo° liv`_ng space, un-less approved by the
City building official.
5. No lighting shall be perr,.itted which blares or shines on tl:e public right
right-of-way.
6. This permit shall be subject to review after one year from
the date of approva_, based on the procedures in City
Code.
7. The lower level of the deck shall match the color of the house.
Seconded by Councilmember Rossbach. A}-es -all.
b. 9:00 P.M., Conditions"1 Use Permit: 1357 Cope (Corner Kick)
a. i4ayo:r Greavu comrened the meetinb for a public hearinb regard:-n~ t"re
12 10-23-59
request of Sue and Tom Hope for a conditional use permit for a 3066 square
foot add-_tion to the Corner Y.ick Soccer Center and authorizat'on for 151
feoxer parking spaces. -
b. Manager McGuire presented the Staff report.
c. Director of Community Development Olson presented the specifics of the
proposal.
d. Commissioner Ralph Sietton presented the Planning Commission
recommendation.
e. Mr. Tom Hope, the applicant, spoke on behalf of h_s request.
f. Mayor Greavu called for proponents. Plone were heard.
g. Mayor Greavu called for opponents. t?one were heard.
h. Mayo_ Greavu closed the pubi:ic hearing.
Council.member Anderson introduced the following resovution and moved
its adoption•
89-10-178
Y7HER>AS, Sue and Tom Eope i-nitiated a cond_.t-_oaal use permit to
construct an ad d;.t:i.on onto the front of the Corner Kick Indoor Soccer
Center which wou"_d be 190 feet away from the adjacent residential district
at the follow-nom described property:
~-rcept the id 398 ft; that part south of Hwy 36 and west of ry rw
of the 2nd 1/4 of the SW 1/4 (subject to rd) in Sec. 10, Tn 29, R
A22.
This property is also 1_nov:n as 1357 Cope Avenue, Ptaplewood;
WHEP.EAS, the procedura~" history of this conditional use permit is as
follows:
1. This conditional use permit was reaiewed by the Alaplewood
Planning Commission on September 18, 1989. The Planning
Commission recomtnended to the City Council that said
permit be approved.
2. The P4aplewood City Council held a public healing on
October 23, 1989. Plotice thereof coal published and mailed
pursuant to law. All persons presen*_ at said hearing were
given an opportunity to be heard and present written
statements. The Council also considered reports and
recommendations of the C_ty Staff and Planning Commission.
13 10-23-89
170W, THEREFORE, BE IT RESOLVED BY TEE Pu?PLEGIOOD CITY COU2•ICIL THAT
the abo~.~e-described conditional use permit be approved on the basis of the
folioo:ing f irdings-of-fact:
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1. The use would be located, designed, maintained,
constructed and operated to be i.n conformity with the i
City°s comprehensive plan and Code of Ordinances.
2. The use would not change the existing or planned character
of the surrounding area.
3. The use would not depreciate property values. ~i
4. The use would not involve any activity, process, ~
materials, equipment or methods of operation that would be
dangerous, hazardous, detrimental, disturbing, or cause a
' nuisance to any person or property, because of excessive
noise, glare, smoke, duct, odor, fumes, water or air
pollution, drainage era ter run-off, vibration, general
unsightliness, electrical interference or other nuisances.
5. The use would generate only minimal vehicular traffcc on j
local streets and would not create treffic congestion o_r
unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and
services, including streets, police and f=se protection,
drainage structures, crater and seorer systems, schools and
pa,-la .
7. The use ~,*ould not create e._cessivE additiona~ costs for
public facilities or services.i
8. The use would maximize the preservat-ion of and incorporate II
the site's natural and seen,:.c features into the i
development design.
9. The use would cause minimal adverse environmental effects.
10. The proposed addition would only be ei_Lht feet closer to
the front lot line than the existing building. 'I
Approval. is subject to the following conditions:
1. Adherence to the site p'_an, dated stamped August 21, 1989.
2. There shall not be any sale of alcoholic beverages.
Seconded by Courcilmember Rossbach. Ayes - all.
7. 9:15 P.P1., Llh:ite Bear and 11th Avenues (Amoco Cil)
14 10-23-89
a. Plan Amendment (4 Votes)
b. Rezoning (4 Votesl
c. Lot Division
1. Mayor Greavu convened the meeting for a public hearing
regarding the request of Amoco Oil for plan amendment from LSC to
SC; a rezoning from F to BC; and a lot division to create a 272
foot lot on Idhite Bear Avenue and a 263.02 foot lot to the east to
construct a convenience stove building with four gas di..^,pensers in
front, covered by a metal canopy and a car wash building.
2. Manager P1cGuire presented the Staff report.
3. Director of Community Development Olson presented the
spec~.fics of the proposal.
4. Commis:aoner Sletton presented-the Planning Cotucission report.
5. Board Member Anitzberger presented the Community Design Revie:a.
Board repo;:t.
6. I~fr. T9m Myerson, Amoco 01, spdre on behalf of the proposal.
7. 14ayo~- Greavu called for proponents. ISone Caere heard.
8. A?ayor Greavu called for opponents. The fo'lowing were
heard:
Don Berg~ren, 2434 [?hi_te Bear Avenue
Roger Ku_t, 2444 47hite Sear Avenue
Roger Anitzberger, 1949 Castle Avenue
9. Mayor Greavu closed the public hearing.
10. Counci-"member Anderson moved to deny the Plan Amendment from LSC, Limited
Service Commercial., to SC, Service Commercial, the property at the
southeast corner of 47hite Bear Avenue and 11th Avenues to eilow Amoco Oil
to construct a conveni.eace store with gas pumps and a car wash based on
the fol_owin facts of finding:
a. The station would violate a reeuirement of the motor
fuel station ordinance that prohibits major fuel stations
within 350 feet of land planned for residential use.
b. The proposed use is not i.n conformance caith the
Comprehensive Land use Plan in its entirety.
c. The proposed sue c*ould cause traffic p:-oblems.
15 10-23-8
d. TI:e proposed fuel tanks could p_-esent a problem to the
residential area that has wells.
Seconded by Councilmember Bastian. Ayes - a"~1.
11. Councilmember Bastian moved to table Item F-7-b Rezoning,.
Seconded by Councilmember Anderson. Ayes - all.
G. ALIARD Or BIDS
P1one.
I4ayor Greavu moved to waive the Rules of Procedures andeactend the meeting past the '
deadline.
Seconded by Councilmember Anderson. Ayes - all.
H. UI~TP'iNISIIED BUSII.'ESS
1. Ban on IHew Plotor Fuel Stations
a. City Attorney Kelly presented the legal opinion regarding prohibiting
new motor fuel ..tat ions to be constructed in N.apiewood.
b. Council took no action.
2. Prela.mina-ry Plat: Seasons Park
a. Itanager McGuire presented the Staff report.
- b. Assistant City Engineer Irish ea;p_ained the City's position on
developer payinC for drainage imgrovement.
c. City Attorney K2ii}' stated he had researched the easement documents
and found them to be legal and b.-_nding.
d. Mayor Greavu moved to approve the preliminary plat subject to
developer paying all costs.
Motion died for lack of a second.
e. Councilmember Anderson moved to reopen the public he2ri_nt; to allow
test:imor,~~.
Seconded by Piayor Greavu. Ayes - Piayor Greavu, Councilmenbers,
Anderson, Juker and P.ossbach.
]~Iay - Councilmember Bastian.
f. John Osw21d, 1694 Demont, 2sked questions of the Council regarding the
16 10-23-59 -
proposed development and regarding the City's easement on his property-.
g. Counciimember Bastian moved to table Item H-2 until Thursday, October
26, 1989 Fleet:ing.
Seconded by Counciimember Julcer. Ayes - Councilmembers Anderson,
' Bastian, Julcer and P.ossbach
Nay - Mayor Greavu.
3. C.D.R.B. P.ppeal: 2714 Highwood Avenue (Carver)
G, tlanager McGuire presented the Staff report.
b. D_recto-r of Covnmunity Development Olson presented the specifics of the
matter.
c. Haro~_d Carver, 2714 Hi~hwood, t}~e applicant, spol!e on behelf of hi.s
proposal.
d. Ptayor Greavu moved to approve Mr. Carver's request reryardin- the
C.D.R.E. condition tiiar he construct an 80 foot fence to screen the meta'
building and eequ4re him to p'_ant three (3) more trees instead of the
fence.
Seconded by Councilmember Julcer. Ayes - all.
4. Pre7.i.minary and cinal Plat Reconsideration: Woodlynn Heights` Townhomes I'o. 4
(Nettleton)
u. Ceuncimember Anderson moved to reinstate a condition on the
preJ.i.m'_nary plat for Wood7.ynn Heights Too?nhomes I~?o. 4 (Ilettletor.),
Sidea:aks to be bu~;_t on S~Toodlynn He'..hts Dlo. 2, 3 and 4 plats.
Seconded by Counc°_lmember Ju}.e r.
b. Aiack ivettietor., 2201 Wood~_ymi, argued orith the Council regarding this
i.t em.
Vote on 1~otion. Ayes - Councilmembers Anderson, Jul:e-~
and Rossbach.
Mayor Greavu and Counciimember Bastian
abstained.
t4ayor Greavu recessed the meeting at 11:52 P.M. and will reconvene 10-26-89 at 4:30 P.M.
A. CALL TO ORDER
Ma}ror Greavu reconvened the meeting at 4:32 P.t1.
17 1G-23-89
i
B. ROLL Ci~,L
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present ~
Frances L. Juker, Councilmember Absent
George F. Rossbach, Councilmember Present
C. APPROVP.L OF MINUTES
Minutes of Dleeting Pdo. 89-22 (October 9 and 12, 1989)
Councilmember Anderson moved to approve the Minutes of Meetitig A?o. 89-?_2 (October 9
and 12, 1989) as submitted.
Seconded by Counczimembe-_ Bastian. Ayes - a11.
D. APPP.OVAL OF AGENDA
Courcilmetnbe-r Anderson moved to add Item P?o. 6 "Ed Stack" to the Agenda.
Seconded by 24ayor Greavu. Ayes - al-~.
I1. UISPF.I:ISRED BUSIidESS (Continued)
2. Preliminary Plat: Season, Park
a. Manager I~IcGure presented the Staff- report.
b. City Attcrney I:e11y presented the iegal`_ti.ec of the sauation.
c. Di~2ctor of Community Development Orison answered questions farom the
Council. 1
i
d. Layo-- G-reavu called for persons who wished to be heard for or aga_.nst.
Tie follot-r.ug voiced their opit.ions:
Paren Osn*a'_d, 1694 Demont
Bi-11 Burns, 2527 Eittersweet Lane
Mario Cocchiarella, representing the developer, Shermzn-Boosalis Interests, 1
Inc.
e. Councilmember P.ossbach moved to approve the Seasons Part: Addition
preliminary plat subject to the following conditions:
1. Approval of final grading, utility, drainage, erosion
control_ and street plans by the City Engineer.
2. The grading plan shall include a proposed building pad
e'_evation and contour information for each homesite as
18 10-23-89
we.: as the areas to be distu"bed for street construction.
I fiousing styles shall be illustrated a*hich m_a_mize grading
on sites which conta-_n trees to be preserved. Deviat_.ou
from this approved grading plan may be permitted by the
City Engineer, provided the intent of the overall grading
plan is complied with.
3. Submit a signed Developer's Agreement with required surety
for all. required public improvements, erosion control and ~'i
tree planting to the City Engineer, ±.nc].uding an e_ght-
foot-wide trail on the recommended easement, south of Lot-
20.
4. Approval. of a tree removal and planting plan to the
Director of Community Development before grading or
• construction begins or final plat approval is given. This
play r.:u~t illustrate the trees that are to be removed,
thcse that are to be retained and those that are to be
replanted.
5. P,evision:= to the future Plandrau Street profile to conform
more c_os22y to the natural grade and ailoc:~ fo-r some tree
preservat~_on.
6. Provision of a 12-foot-uride tra`.l. easement fi~om proposed
Flandrau ^utreet on or a].on^ the south lire of Let 20 to-~
provide u subdivisior. connection to Four Seasons Park. An
eiglrt-f cot-:ride asphalt trail to be installed by the
developer.
7. Provide an e,_tlet for the pond west of the plat, with.
appropriate easements to a confirmed City store drainage
system.
8. Lot B be __nctuded in the Seasons Parl: P_at. '
Seconded by Mayor Greavu. Ayes - P4ayor Greavu, Courcz]_ioembers
Bastian and Rossbach.
Nay - Counc-_lmember Anderson.
5. Environmental Protection Ordinance
a. Code Amendment (2nd Reading)
b. Alteration Perm`_t
1. Manages N,cGuire presented the Staff report.'
2. Director of Community Development Olson presented the
specif~.cs of the preposai and also tine Plann_.ng Ccmmissi..on
recomnendat:_ons.
19 10-2':-64
3. Brian Helmken, representing the Builders Association of Minnesota, presented
the views of the Association that they can o7ork with this ordinance.
4. Councilmember Rossbach introduced the following ordinance and moved its
adoption•
ORDINANCE No. 653
AI? ORDIIdAP?CE AAtEPIDING THE
EP~1<IIRO2?YfEIy'TAL PROTECTIOTI ORDITIAIiCE
THE PiAPLEw00D CITI COUNCIL HEREBY ORDP.IPIS the following revisions to Chapter
9, Article I'n of the City code--Environment a'_ Protection Ordinance:
Section 1. Sections 9-187 through ~-193 (1) are amended as follo;as:
Section 9-187. AppLcabil-_ty.
(a) Th_s artic'_e shall app'_y to any person or use that would alter a
significant natural feature.
(b) Publ_c and semi-public projects, such as streets, ut i.i.ties and
parks, whether bLi.lt by a publ-c agency or pr_vate de~reioper, shall be
subject to this article; ea:cept that, the City Counc_1 nay waive these
requirements where there would be a greater public need for the project ~
than to meet the requirements of this article. A public hearing shah be
held before declaring such a waiver. The prnpe>ty ov;ners ;within 350 feet - ~
of the site sha17. be nct_.f'.ed at least 10 days before the hearing.
Section 9-188. Def_n:i_t:-ons.
Bluff.ne: A line delineating a top of a s'_upe with direct d-ainage to a
protected c~aater, connecting the points at ooh: ch the ..lope becomes ' ess
than eighteen (18) percent. (t-iore than one biuff;_ine may be encountered
p~-oceeding lande:ard frori a protected water.)
Critical area: The Mississippi River Corridor Area bounded by Carver
Avenue, I-494 and the City limits.
Direct drainage: Drainage into a protected ~~rater without an intervening
pond or wetland.
Drip line: The farthest distance around and away from the trunk of a tree
that rain or des, wi.'.l fall directly to the ground from the leaves or
branches of that tree.
Erosion: The general process by which soils are remcved by f_oring
surface or subsurface caater o?~ wind.
20 10-23-00
Goss soil loss: The average annual total amount of soil material carried
from one acre of land by erosion.
Large tree: Any healthy tree that has a trunk diameter, four feet above
the ground of at least 8 :inches, other. than a boa elder, cottonwood,
poplzr, or any other undesirable tree, as detenni"ned by the Director of
Community Development. -
Pipeline: An underground '_ine of pipe including associated pumps, valves,
contro_ devices and other structures utilized for conveying liquids,
gates, seorage or other finely divided solids from one point to another.
Protected water: Formerly referred to as public waters, means any water
defined in I4innesota Statutes, Section 105.37, Subdivision 14.
Retaining wall: A structure utilized to hold a slope in a position ~=~hich
it would not naturally rema_n in.
Sed'_ment: Suspended matter carried by- water, sewage or other -iqui_ds.
Significant natural feature: a s~_gnifccant water body, large tree, a
woodlot, z ,._'.gnificant slope or a site of historical or archeological
significance that has been recorded with the State.
Significant slopes A natural slope of 25 percent or more grade oce~:- an
area at least 200 feet ir. length (top to bottom) and SOC feet in width
(side to .,i.de).
S_gn;.ficant water body: A water body shoe:n on the City Drainage Plar. or-a
canter body over one acre in area.
Slope: The inclination of the natural surface of the land from the
t;orizontal; commonly described as a ratco of the length to the height.
Structure: Anything manufactured, constructed or erected which is
normz-1y attached to cr positioned on land, including portable structures.
Substation: Any utility structure, other than lines, pi"pelines, poles or
towers.
.Terrace: Are=atively level area bordered on one or more sides by a
retaining wall.
Utility: Electric telephone, telegraph, cable television, water, sanitary
and storm seo±e r, solid waste, gas or similar service operations.
Vegetation: Ail pant growth, especially trees, shrubs, mosses or
gra_ses.
L7zter body: Any lake, stream, pond, wet"land or r.iaer.
21 10-23-03
j
Wetland: Any land which is seasonably wet or flooded, including all
marshes, bogs, swamps or floodplains.
4loodlot: A treed area of at least one-half acre of wh'_ch at least 25% of
the area includes large trees.
I
1
Section 9-189. Effect on density.
The City may reduce tl:e maximum allowed density on that pait only of the
development that has a significant natural feature, cohere such reduction
would save all or part of a significant natural feature. However,
rega:--mess of the requirements .in this article, the ma;;i_mum alloyed
density shai.": not be reduced below 675 of dwellings. The minimum lot size
sl-tali not be increased above 15,000 square feet for single dwe'_ling.s Any
required density reduction or increase in lot size must sate a significant
natural feature. The City Council may required the clustering of
dvrei_:i.ngs in tiie form of town-houses, quads, apartments or similar uses,
where _t i.s necessary to preserve .,ignificant natural features.
i
DItrISI0i1 2. ADtfIIdISTP.ATTOII
Section 9-190. Tree plan required.
A tree plan shall be required with any City applicat__on which would resu"a
i.n the doss of large trees or a_11 or part of a woodlot. This plan shall
show; *_ire e.d.stng raoodlot, identify tl~te sizes and spec;.es of any large
tree: and indicate orhich trees are to be removed. T're,applicant- shall
show on the tree p-an and on the .,-te, the 1imi.ts of proposed grad::.ng
activity near U large tree or oroodlot to be preserved. These grading i,
lirsits shal_ not encroach upon the d:-:ip-lines of the trees to be preserved
in the woodlot. City Staff may submit the plan to a tree e+rp2rt fo:~ a.
recommendeti.on. Any costs shall be paid fo° by the develope-.
Sectior. 9-191. v7oodlot alteration pernu.t.
(a) A woodlot alteration application shall be submitted to the Director ~
of Community Development for any alteration of a e:oodlot that is not
reviec:*ed in another application.
The applicant shall submi-t a tree plan and any other information needed to
determine compliance with this art:-cle. Specific requirements shall be
stated on ar. application form in the office of the Director of Community
Development. An application fee sha_1 be established by the City Council
by resolution from time-to-time.
(b) The Director of Comrnuni_ty Development may approve a vroodlot
alteration permit orhich complies with tl-~is article. The D_rector's
dec?.s_en may be appealed to the 61ty Council. in w±-i"tiag by any effected
22 10-2~-39
party tai thin ten days of the Director's writter. decision.
Section 9-192. Conditions of Approval.
The C__ty may require conditions of app_-ova_ to insure compliance witl: this
article.
DIVISION 3. APPROVAL STA?1DARDS
Section 9-193. Approval standards.
Any request to alter a significant natural feature must meet the follovJing
standards:
(1) Generzl Standards.
m. Ali plans and the conduct of all gradng, landscaping,
structu:-e placement, and street routing shall be consistent with
the City's comprehensive plan, and fo:: development in the
Mi.ssissippz. R.ver Corridor Critical firea, the Alaplewood Critical
Area Plan.
b. Tixe proposed development shall. not lessen el:ist7.rg public
access to and along a protected water.
c. The proposed development st:.all. he designed, constructed and
maintained to avoid causing:
1. Erosion
2. Pollution, contamination or siltation of water
bod:_es or storm se~:rers.
3. Flooding.
4. Ground water contamination.
5. A'terati.on of significant natw~a~ features.
d. Development shall not substantially d.minish the scientific,
historical-, edncst:_ons, recreational. or aestlxetic va'_ue of un'_que
natural. areas, plants and animals, c:h_.ch are registered with the
state as such, and shall not substantially alter their
reproductive cycles.
e. Views of protected waters from buildings or public streets
shah. not be impaired by the placement of advertising signs.
Section 2. The current Subsection 191 (5), now 193 (5), is amended as
folloe*s:
(5) Trees.
a. Development sha'_1 be designed to preserve large trees and
23 10-23-89
_ _ _ _1
i
wood"J.ots, where such preservation would not effect the public
health, safety or welfare. The City may prohibit removal of all
or a part of a woodlot or large tree, subject to the limitations 11
in Section 9-189. In addition, nothing in this article shall
prevent building on an existing 1vt of record, provided that such
building shall be designed to save as many trees as possible.
This decisior, shall be based on, but not limited to the following
criteria:
1. Size
2. Species, health and attractiveness of the trees,
including:
(a) sensitivity to disease.
(b) life span.
' (c} nuisance characteristics
(d) sensitivity to site grading.
3. Potential for transp:ianting. -
4. Need for thinning a cvoodlot.
5. ?affect on the function; u„ of a development.
6. The public health, safety and welfare.
b. If la=ge trees a.re cut, the density of trees sha11 be restored
so that wtcch e=:fisted before development, but in no case shall the
applicant be required to raise the density above ten (10 trees per
acre, un'_ess part of ~ required planting screen. •
c. If any '_arge tree _n a woodlot is-cut, damaged or the area
within the tree's dripiine has been encroached upon by grading
equz.pr:.ent vr'.thout City authorization, the City may required
plant.`.ng of two neva trees. In addition, if the Cz~ty dete:~'rrines
that a damaged tree wi'1 probab"_;~ not survive, it: shall be removed
by the developer.
d. Any trees required to be planted shall be varied in species,
shal_. maximize the use of species native to the area, sham! not
include ary species under disease epidemic and shall be hardy
under loca'_ conditions. Trees shall be at least 2 1/2 inches in
diameter for deciduous trees and eight feet tall for coniferous ii
trees.
e. Any trees required to be planted shall be replaced -~f they die
or appear to be dying within one year of planting by the person
responsible for the piant'..ng.
f. Before any construction or grading to}:es place, sno:•~fencing or
24 10-23-29
J
eros:_on control fencing sha_1 be placed around the borders of
woodlots or the dr_plines of large trees to be prose-ved. S4..gns
shah be placed along this fence line prohibiting grading beyond
the fence line.
Section 3. DIVISION 3. UTILITIES APID STREETS i.s hereby renumbered to '~i
DZVISZOId 4. - '
i
Secs. 9-192 utilities and 9-193 streets are hereby renumbered to Secs. 9-194 aad l
9- 195. T'nere are no other revision to these sections. ~
i
Section 4. This ordnance shall take effect upon its passage and publication.
Seconded by t4ayor Greavu. Ayes - ail. 'i
b`: Resolution (Application Fee for Gloodlot Alteration Perta_t)
1. Pianager McGuire presented the Staff report.
2. Director of Community Develcpment Olson presented the specifics of the
proposal.
3. Mayor Greavu introduced the fo.'..lowing resolution and moved -its adopt-on:
89 - 10 - 179
42HEREAS, the City of Map-iewood has adopted a revised
envi-_onmertal protect-=on ordinance that establishes a woodlot
alteration permit; and
F;HI3REAS, said ordinance states that an application fee for
such permit shat' be establ=shed by the City Counci:~. ~ ~
A?O;d, T3EREFORE, EE IT P.i'sSOLVED that an application fee of $50
be establi^hed for a :ooodlot alteration permit.
Seconded by Councilmember Anderson. Ayes - a11.
6. Mc rstorium on '.leer Prel:i.m:inary Plat Applications
a. Manager 24cGuire presented the Staff report.
b. 2iayor Greavu moved that the moratorium on new preliminary plat appiicatiohs be
ended.
Seconded by Councilmember Rossbach. Ayes - a11.
I. IeE42 BUSII?GSS
1. Registered Land Survey: &ighcaay 61 and hohlman Avenue (Bartlett)
a. Pianager McGuire presented the Staff report.
25 10-23-II9
r `i„
b. Director of Community Development Olson presented the specifics of the
proposal.
c. Councilmember Bastian moved to approve the registered land survey,
subject to the foliowirg conditions being, competed prior to the City
signing of the RLS. As an alternative, the app'.icant may subriit an escro~o
in. an amount and form suitable to Staff to ensure that all of the
cordit~ons of approval are met.
1. Submittal to the City of a signed deed for Tract D (the ~
northern ten feet of the property) for additional Kohl.man
Avenue right-of-way.
2. The dirt areas of the parking lot and the dumpster pad
shall be surfaced caith bitum.~.nous znd shill be subject to
the zpprova- of City Staff.
3. The park ing lot shall be ..triped i.n such a manner whicl-i is
consistent n%ith the City's off-street parking regulations.
Such a plan shall be subject to City Staff approval.
4. The trash dumpster shall be stored in a screening
enclosure c=ith a 100; opaque urooden gate and shall be a
color and materizl compatible a*ith the P.ngus t4eats
build_ng. The enclosure steal- be protected by concrete-
. filled steel posts,s or the equivalent, anchored in the
g.:ound at the front corne_s of the structurre, as required
by Code. If the enclosu_e s masonry, the protective
posts may be on=itted. The enclosure p'_ans shall be
subject to the approval of City Staff.
5. The insta?.ati.on and mz=.nterarce of a sta*_e-approved,
- '-ef~ectorized stop .,igr. on the north side of the driveway.
Seconded by ~Counci~member Anderson. Ayes - a'_i.
2. Code Amendment: Truth-In-Sale of housing (lot Reading)
a. i4anager mc0uire presented tr_e Staff report.
b. Director of Community Development Olson presented the specifics
the proposal.
c. City Attorney I:e11y e:;plained the le~al.ities of the proposed
ordinance.
d. Irir. Bob F.heim, 617 I',iliwood Court, t4anager of real estate office,
spoke on behalf of the re al tors.
e. PL.Dan t'_ezgocki, 107 P4arn'_e, licensed private hor,.e evaluator, presented his
26 10-23-39
- -
£ Councilmember Bastian moved to table this item until the next meeting, November 13 I
and 16, 1989.
Seconded by Councilmember Anderson. Ayes -all.
3. C.D.R.B. Appeal: English Place (English Street and Highway 36)
a. Manager McGuire presented the Staff report.
b. Director of Community Development Olson presented the specifics of the proposal.
a Boazd Member Mike Holder presented the Community Design Review Board
recommendation.
d. Steve Lammlein, 1308 Cope Avenue, expressed his concerns.
e. Councilmember Rossbach moved to table an order to compare the oriig nai proposal to
the pronosal before the Council this meeting and to review the changes in the nature of the
development to see if it is within the present City code. The original conditional use permit
would still annly.
Seconded by Councilmember Bastian. Ayes -all.
4. Schedule Public Hearing: Footprint Lake Storm Sewer Project 87-32
a. Manager McGuire presented the Staff report.
b. Mayor Greavu introduced the following resolution and moved its adoption:
89-10-180
WHEREAS, the City Engineer for the City of Maplewood has been authorized and
directed to prepare a report with reference to the improvement of the azea roughly bounded
by English Street, Gervais Avenue, White Bear Avenue, and Ryan Avenue, City Project 87-
32, by construction of storm sewer, and
WHEREAS, the said City Engineer has prepared the aforesaid report for the
improvement herein described:
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
of the area roughly bounded by English Street, Gervais Avenue, White Beaz Avenue,
and Ryan Avenue, City Project 87-32, by construction of storm sewer is feasible and
should best be made as proposed, is hereby received.
27 10-23-89
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 1
improvement of $1,444,200.
3. A public hearing will be held at John Glemm Middle School at 1560 East County
Road B, Maplewood on Monday, the 20~' day of November, 1989, at 7:00 P.M. to
consider said improvement. The City Clerk shall give mailed and published notice of
said hearing and improvement as required by law.
Seconded by Councihnember Anderson. Ayes -Mayor Greavu, Councihnembers
Anderson and Rossbach
Nay - Councilmember Bastian.
5. Schedule Public Hearing: Roselawn Avenue, I-35 E to Arcade, Project 89-03.
i
a. Manager McGuire presented the Staff report.
b. Mayor Greavu introduced the following resolution and moved its adoption:
89 - 10 - 181
WHEREAS, the City Engineer for the City of Maplewood has been authorized and
directed to prepare a report with reference to the improvement of Roselawn Avenue from
Arcade Street to Interstate 35E, City Project 89-03, by construction of bituminous street with
concrete curb and gutter, sidewalk, storm sewer, water main, and sanitary sewer
reconstruction together with trunk storm sewer outfall to serve area roughly bounded by !
Larpenteur Avenue, Arcade Street, County Road B, and Interstate 35E, and
WHEREAS, the said City Engineer has prepared the aforesaid report for the
improvement herein described:
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 Roselawn Avenue from Arcade Street to Interstate 35E, City Project 89-03, by
construction of bituminous street with concrete curb and gutter, sidewalk, storm
sewer, water main, and sanitary sewer reconstruction together with trunk storm sewer
outfall to serve area roughly bounded by Larpenteur
28 10-23-89
Avenue, Arcade Street, County Road R, and Interstate 35E
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 ail or a portion of the cost of the
improvement according to 14SA Chapter 429, at an estimated
total cost of the improvement of $2,252,400.
3. A public hearing will be held at Edgerton Schoo'. at 1929
Edgerton Street on Thursday, the 16th day of November,
1989, at 7:00 P.M., to consider said improvement. The
City Clerl: sha'_1 give mailed and published notice of said
hearing and improvement as required by J_aca.
Seconded by Councilrmember Andersor. P.yes - Mayor Greavn, Councilmemberc j
Anderson and Rossbach
Nay - Councilmember Eastian.
6. t•ieeting Schedule for Ba_ance cf Year.
u. P•tanagerMcGuire stated the follo~r.~ng are the dates of Council Pieetings that
are currently sci.edu~ied:
Itonday October 23, 1989 7:00 P.hf. Regu'_ar Counci~_ PSeeting
Thursday October 26, 1989 4:30 P.M. Regular Counc~_1 Meeting
.."londay October 30, 1989 7:G0 P.P1. Council/Manzger }Se et ng
ifoaday November li, 1989 7:00 P.M. Regu7.ar Council Meet:rg
Thursday ldovembe_ 16, 1989 4:30 P.I~f. Regular Couac_i Pieet _rg
1•fonday Tovember 27, 1989 7:00 P.P1. Regular Counci.i PSeeting
Thursday November 30, 1989 4:30 P.S~t. Regular Council ASeeting
Monday December 11, 1989 7:00 P.M. Regular Council fleeting
Thursday December 14, 1989 4:30 P.M. Regular Council Meeting
hfonday December 25, 1989 bSo Meeting - Holiday
Thursday December 28, 1989 4:30 P.M. Regular Council PSeeting
b. No action taken.
7. P.equest for Stop Sign.
29 10-23-89
_ _
i
a. Manager P1cGuire presented the Staff report.
I
b. Mayor Greavu moved to authorize Staff to place a stop sign on City
Heights Drive at Summer.
Seconded by Councilmember Anderson. Ayes - all.
8. Review Code Ordinance Section 2-23, City Council Compensation
a. Manager McGuire presented the Staff report.
a
b. Councilmember Bastian moved first reading of an ordinance to amend.
Section 2-23 to increase Council compensate-on.
Seconded by I.layor Greavu. Ayes - a11.
5. cord.t.ona_ use Permit Renewal: H_ghcaay 61 (Frattalone)
a. }•fanager 14cGu=._re presented the Staff report.
b. Piayo= Greavu moved to approve the renewal of the cond=:_tional use
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permCt for m'.neral e:ctracticn north and northc-rest of Gu_den'^ Restaurant,
y±e5t of -'_;.gh~:ay 61, for one yea_', subject to compliance ~.oith• the orig_nal
cond:i-t ions; must obtain an annual pe_-ri_t fror,. the City Eng.'.ree~ ; ar,d
must subm::.t a grad:~.rg plan.
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Seconded by Councilmember Andersou. Ayes - a1_.
J. VISITOR PRESRI~."PATI01:5
1. Mr. Dale Jansen
a. Per. Jansen, 2227 ;dood'ynn Avenue, P?-es.ident of woodlynn Heights
Townhomes Associat.`.on, questioned the Counc-1's action on October 7.3,
1S 84, regarding the ~idecvall: situation.
b. Councilmember Bastian anscc*ered the concerns. If Mr. P}ettleton cvishee
to place sidewalks in front of Tocanhom,e Ilo. 1, but it is required wi-th
To:anhomes No. 2, 3 and 4.
2. I.1r. Ed Stack
a. Yfr. Stack, 2173 Stanich, stated he is e..perienc~ng severe drainage
problems in the back of his property and presented photographs to Council.
b. Director of Public Works Haider respondedto the complaint.
c. Council recommended the City Manager Investigate the allegation::.
it. COUi;CII. PRESEi1TAT`.0}1S
30 10-23-84
1. Davis Bacon Act
a. Counciimember Anderson received a call from Mr. Al F:elly who e..pressed
his concerns that he felt there would be non-union workers on the new city
ha11 expansion.
b. City P.ttorney Y.elly e._plained the specifics of the Davis Bacon Act.
It primarily states that workers will be paid prevailing wage for the same
work cahether union or non-union.
Counciimember Anderson moved to bring this back before the City Council
within trio months and it should include the necessar ianguaoe for future
city-oomed building improvements.
Seconded by Counci-imember Anderson. Ayes - all.
2. Sch_oeder Milk
a. Counciimember Anderson questioned hoca far bad.: cans the grading going
to go.
b. Stafx' ar__ll investigate.
3. Piali Traffic
Counciimember Anderson requested a left-hand lane on idh?_te Eear Avenue and
County P.oad D and a'.sc possibly a left-arrow signal.
b. Steff will :investi.gate. There i.s a study of th:i.e area being done.
4. Cope and English
[lo discussion.'
5. Striping on Frost Avenue
a. Counci"imembe;: Anderson questioned the possibili-ty of 3-lane striping
at Frost Avenue> but P.a~sey County states it cannot be done until the
street is repaved.
6. Arcade and P.oselaem
a. Counciimember Juker had questioned at the last meeting what was
happening to the burned out gas station at Arcade and Roselawn.
_ b. Director of Community Development Olson stated a building permit has
been issued.
L.-. ADAiINISTR4TIV~ PRES~1dTATI01d
31 10-23-89
1. RV Ordinance Discussion
a. Councilmember Rossbach moved to table for further study.
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Seconded by Counc_lmember Anderson. Ayes -Mayor Greavu, Counczlmembers
Anderson and Rossbach.
Nay -Councilmember Bastian.
b. Frank Brown, 2469 Germain, requested a copy of the proposal as he has
an RV vehicle.
M. ADJOUR;a:E}]T OF OCTOBER 26, 1989 MTsETI''dG
7:35 P.M.
City C1ert:
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32 10-23-89