HomeMy WebLinkAbout11.08.82MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, November 8, 1982
Council Chambers, Municipal Building
Meeting No. 82 -30
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. Joker, Councilmember Present
MaryLee Maida, Councilmember Present
C. APPROVAL OF MINUTES
1. Minutes 82 -26 (September 27, 1982)
Councilmember Juker moved to approve the Minutes of Meeting No. 82 -26 (September 27,
1928) as corrected:
— - --- —_ - --- --- --- -- - --- —
Page 12: Item K -4b — delete "of the first meeting in November" and insert
"at a later Council meeting ".
Seconded by Councilmember Anderson. Ayes — all.
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve —the— Agenda —as amended:
1. Plan Review Authority
2. Staff Council Meetings
3. Voting
Seconded by Councilmember Bastian. Ayes — all.
E. CONSENT AGENDA
Councilmember Anderson moved, seconded by Councilmember Maida, Ayes — all, to approve
the — Consent Agenda, — items —l— through 7 —as recommended_ — —
1. Accounts Payable
Approved the accounts (Part I, Fees, Services, Expenses, Check No. 001062 through Check
No. 001114, $220,619.26; Check No. 014668 through Check No. 014798 — $279,437.22: Part
II, Payroll — Check No. 05526 through Check No. 05649 — $54,637.82) in the amount of
$554,694.30.
2. T.H. 36 at Atlantic and English Streets
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11 /8
Resolution 82 -11 -153
WHEREAS, the Commissioner of Transportation for the State of Minnesota has prepared:
Plans, special provisions, and specifications for the improvement of Trunk Highway
No. 118, renumbered as Trunk Highway No. 36, within the corporate limits of the City
of Maplewood, from 1000 ft W to 200 ft E of English Street and seeks the approval thereof:
NOW, THEN, BE IT RESOLVED that said plans and special provisions for the improvement
of said Trunk Highway within said corporate limits of the City, be and hereby are approved
including the elevations and grades as shown and consent is hereby given to any and
all changes in grade occasioned by said construction.
BE IT FURTHER RESOLVED that the City does hereby agree to require the parking of
all vehicles, if such parking is permitted within the corporate limits of said City,
on said Trunk Highway, to be parallel with the curb adjacent to the highway, and at
least 20 feet from any crosswalks on all public streets intersecting said trunk highway.
3. Abandonment of the Condor Storm Sewer Project
Resolution No. 82 -11 -154
RESOLUTION ABANDONING CONDOR STROM SEWER
PROJECT 78 -18
AND
PROVIDING FOR THE TRANSFER OF FUNDS IN CONNECTION THEREWITH
0fl0:iWI:6F
(a) The City of Maplewood has heretofore undertaken the Condor Storm Sewer Improve-
ment Project pursuant to the authority granted in Minnesota Statutes, Chapter 429.
(b) The City of Maplewood has heretofore issued Temporary Improvement Bonds of
1980, dated August 1, 1980 to finance all or a portion of the cost of the Project.
(c) The City Council desires to abandon this Project and provide for the transfer
of the moneys held in the respective Construction Account attributable to the Project
as hereinafter set forth.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minn-
esota, as follows:
1. The City of Maplewood abandons the Project as it is not financially feasible.
2. The investment earnings of $4,065 which accrued on the Bond proceeds held in
the Construction Account for the Project shall be used by the City to pay the cost
of the Project prior to the date of abandonment.
3. The remaining Project costs shall be financed by a transfer of $15,202 from
the General Fund.
4. The $33,868 of Bond proceeds in the Construction Account for the Project shall
be transferred to the Debt Service Account for the Temporary Improvement Bonds of 1980.
4. State Aid Transfer — Holloway Avenue
Authorize the transfer of $227,660 from the City's Street Construction State Aid Fund
to the Special Assessment Fund for the Holloway Avenue Project.
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5. Handset Purchase — Budget Change
Authorized the increase of the 1982 Fire .Marshal's Capitol Outlay budget by $1,420
and reducing the 1983 budget by that amount to purchase radio equipment. If purchased
in 1982 $820 can be saved.
6. Soo Line Resolution
Resolution No. 82 -11 -155
WHEREAS, the Soo Line Railroad Company has abandoned and is offering for sale its
railroad rights —of —way which runs approximately from Interstate 35E and Arlington Avenue
in Saint Paul to Interstate 694 and County 68 in Oakdale; and
WHEREAS, if no action is taken the right —of —way or portion of it could revert to
noncompatible uses; and
WHEREAS, a task force consisting of elected officials and staff from nine (9) govern-
mental units -- Minnesota Department of Natural Resources (MN /DNR), Minnesota Department
of Transportation (MN /DOT), Metropolitan Council, Ramsey County, Washington County
and the cities of Saint Paul, Maplewood, North Saint Paul and Oakdale - -have reviewed
the rights —of —way and potential private uses; and
WHEREAS, the most practical approach to a planned use of the rights —of —way as de-
termined by the above named task force is legislation authorizing the MN /DNR to purchase
the entire corridor, develop a comprehensive, master plan and then resell unneeded
parcels to the other individual units and to private parties;
NOW, THEREFORE, BE IT RESOLVED,
1. Maplewood supports the concept outlined in the proposed legislation;
2. Maplewood in conjunction with the other members of the task force, will actively
pursue sponsorship of the proposed legislation from area legislators;
3. Maplewood will actively support the legislation by testifying before committees
and lobbying as necessary to assure passage ofIthe legislation.
4. Maplewood will, if applicable, budget funds in its next budget period or com-
mit funds from existing budgets for acquisition of any parcels in the corridor it needs
for its purposes.
7. Public Hearing Date — Revenue Note — Maplewood West
Resolution No. 82 -11 -156
RESOLUTION CALLING FOR A PUBLIC HEARING
ON A PROPOSAL FOR A COMMERCIAL
FACILITIES DEVELOPMENT PROJECT
PURSUANT TO THE MINNESOTA MUNICIPAL
INDUSTRIAL DEVELOPMENT ACT AUTHORIZING
THE PUBLICATION OF A NOTICE OF SAID HEARING
WHEREAS,
(a) Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial
Development Act (the "Act ") gives municipalities the power to issue revenue bonds for
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the purpose of the encouragement and development of economically sound industry and
commerce to prevent so far as possible the emergence of blighted and marginal lands
and areas of chronic unemployment;
(b) The City Council of the City of Maplewood (the "City ") has received from Maple-
wood West, a limited partnership organized under the laws of the State of Minnesota
(the "Company") a proposal that the City assist in financing a project hereinafter
described, through the issuance of its industrial'-revenue bonds (which shall be in
the form of a single debt instrument) (the "Bonds ") pursuant to the Act;
(c) Before proceeding with consideration of the request of the Company it is nec-
essary for the City to hold a public hearing on the proposal pursuant to Section 474.01,
Subdivision 7b, Minnesota Statutes;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minn
esota, as follows:
1. A Public Hearing on said proposal of the Company will be held at the time and
place set forth in the Notice of Hearing hereto attached.
2. The general nature of the proposal and an estimate of the principal amount
of bonds to be issued to finance the proposal are described in the form of Notice of
Hearing hereto attached.
3. The Notice of said Public Hearing shall be in substantially the form contained
in the Notice hereto attached.
4. A draft copy of the proposed application to the Commissioner of Energy, Planning
and Development, State of Minnesota, for approval of the project, together with proposed
forms of all attachments and exhibits thereto, is on file in the office of the City
Clerk.
5. The City Clerk is hereby authorized and directed to cause notice of said hearing
to be given one publication in the official newspaper and a newspaper of general circu-
lation available in the City, not leas than 15 days nor more than 30 days prior to
the date fixed for said hearing, as shown in the notice of hearing hereto attached.
NOTICE OF PUBLIC HEARING
ON A PROPOSAL FOR A COMMERCIAL
FACILITIES DEVELOPMENT PROJECT
To whom it may concern:
Notice is hereby given that the City Council of the City of Maplewood, Minnesota,
will meet at the City Hall in the City of Maplewood, Minnesota, at 7:00 P.M. on Dec-
ember 13, 1982, to consider the proposal of Maplewood West, that the City assist in
financing a project hereinafter described by the issuance of industrial development
revenue bonds.
DESCRIPTION OF PROJECT
The proposed project shall consist of the construction of an office and retail
building to be located between Kennard Street and the Maplewood Mall on the
North side of Beam Avenue and East of the Health Resources complex in the City:
of Maplewood, Minnesota . and to be leased to various parties.
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The estimated principal amount of bonds or other obligations to be issued to finance
this project is $4,000,000.
Said bonds or other obligations if and when issued will not constitute a charge,
lien or encumbrance upon any property of the City except the project and such bonds
or obligations will not be a charge against the City's general credit or taxing powers
but are payable from sums to be paid by Maplewood West pursuant to a revenue agreement.
A draft copy of the proposed application to the Commissioner of Energy, Planning
and Development, State of Minnesota, for approval of the project, together with all
attachments and exhibits thereto, is available for public inspection beginning November
17, 1982, from 8:00 A.M. to 5:00 P.M., Monday through Friday, at the City Hall in
Maplewood.
At the time and place fixed for said Public Hearing, the City Council of the City
of Maplewood will give all persons who appear at the hearing an opportunity to express
their views with respect to the proposal.
Dated this 8th day of November, 1982.
(BY ORDER OF THE CITY COUNCIL)
By /s/ Lucille Aurelius _
City Clerk
F. PUBLIC HEARINGS
1. Rezoning: Stillwater Road and Stillwater Avenue — 7:00 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the proposal
to rezone the property at the southwest corner of Stillwater Road and Stillwater
Avenue from BC (Business Commercial) and F (Farm Residence) to R -3 Residence District
The Clerk stated the hearing notice was in order and noted the dates of publication.
b. Manager Evans presented the staff report.
C. Director of Community Development Geoff Olson presented the following Planning
Commission recommendation:
"Commissioner Fischer moved the Planning Commission recommend that the City Council
approve the resolution rezoning the site from BC, Business Commercial and F, .Farm
to R -3, Residence District (Multiple).
Commissioner Kishel seconded. Ayes -- Commissioners Axdahl, Barrett, Ellefson,
Fischer, Howard, Kishel, Pellish, Prew, Sletten, Whitcomb."
d. Mayor Greavu called for persons who wished to be heard for or against the pro-
posal. The following expressed their opinions:
Mr. Leo Zacho
Mr. Al Hammel, P.J. Gaughan and Co.
e. Mayor Greavu closed the public hearing.
f. Councilmember Anderson introduced the following resolution and moved its adoption:
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82 — 11 — 157
WHEREAS, a rezoning procedure has been initiated by the City Council for a
zone change from B C, Business Commercial and F, Farm Residence to R -3 Multiple
for the following described property:
An area bounded on the north by the centerline of Stillwater Avenue, on the
east by the centerline of Stillwater Road, on the south by the quarter section
line, and on the west by the east line of'-Registered Land Survey No. 137 extended
southerly to the quarter section line.
WHEREAS, the procedural history of this rezoning procedure is as follows:
1. That a rezoning procedure has been initiated by the City Council, pursuant
to Chapter 915 of the Maplewood Code;
2. That said rezoning procedure was referred to and reviewed by the Maplewood
City Planning Commission on the 4th day of October, 1982, at which time
said Planning Commission recommended to the City Council that said rezone
procedure be approved;
3. That the Maplewood City Council held a public hearing to consider the re-
zoning procedure, notice thereof having been published and mailed pursuant
to law; and
4. That all persons present at said hearing were given an opportunity to be
heard and /or present written statements, and the Council considered reports
and recommendations of the City Staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY
COUNTY, MINNESOTA that the above described rezoning be granted on the basis of
the following findings of fact:
The site is not planned or proposed for commercial use.
Seconded by Councilmember Maida. Ayes — all.
g. Councilmember Anderson
orooerty directly south of
v_ed to initiate a Plan Amendment to down zone the
e above stated site to RM (Residential Medium Densit
Seconded by Councilmember Bastian. Ayes — all.
2. Code Amendment: Billboards — 2nd Reading — 7:15 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding a proposed
amendment to the Maplewood City ordinances concerning new and existing billboards.
The Clerk stated the hearing notice was in order and noted the dates of publication.
b. Manager Evans presented the staff report.
C. Ms. Julianne Bye, Naegle Advertising, presented her views on the proposed ord-
inance.
d. Mayor Greavu called for opponents. None were heard.
e. Mayor Greavu called for proponents. None were heard.
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f. Mayor Greavu closed the public hearing.
g. Councilmember Juker introduced the following ordinance and moved its adoption:
ORDINANCE NO. 526
AN ORDINANCE AMENDING CHAPTER 36 OF THE MAPLEWOOD
CODE OF ORDINANCES RELATING TO BILLBOARDS
The Maplewood City Council ordains as follows:
Section 1. The following definitions in section 36 -230 of the Maplewood
Code of Ordinances are amended to read as follows:
Section 36 -230. Definitions.
Sign types: By structure
Billboard: An off - premises sign erected for the purposes of advertising
a product, event, person, institution, activity, business, service, or
subject not located on the premises on which said sign is located.
Section 2. Sections 36 -291 to 36 -296 of the Maplewood Code of Ordinances
are amended to read as follows:
DIVISION 4. BILLBOARDS
Section 36 -291. Annual permits; fees; revocations.
(a) The provisions of section 36 -258 of this article, relating to permit
fees for the erection, rebuilding, moving, etc., of signs, shall apply
equally to billboard signs.
(b) Annual permit renewals are required for billboard signs from the director
of community development. Permit renewals will not be accepted more
than sixty (60) calendar days prior to expiration of a permit. All
.permits will expire on the first working day in January of each year.
(c) The annual fee for such renewals shall be as established by the council
by ordinance.
(d) A double permit fee penalty shall be charged upon failure to pay the
annual permit fee for renewal on or before the first working day of Jan-
uary_ of each year.
(e) The administrator may revoke a permit granted under this article, for
cause, upon thirty (30) days written notice of hearing to the permittee.
Such notice and hearing are subject to the procedure as outlined in
section 36 -260 of this chapter. (Ord. No. 427, s 818.140 (6), 7- 14 -77)
Section 36 -292. Locations and distances between.
(a) Billboards may only be located in the following zoning districts:
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SC, Shopping Center, BC, Business Commercial, M -1 Light Manufacturing
and Heavy Manufacturing zones.
(b) Billboards shall not be permitted on a building.
(c) Billboards shall not be located closer than the following distances,
unless the Council approves a special use permit:
(1) 2300 feet to another billboard on the same side of the same street.
(2) 100 feet to a commercial, industrial or institutional building,
or an on- premises sign.
(3) 200 feet to a residential district or 500 feet to a residence.
(4) 300 feet to any part of an interchange or intersection of two public
roads.
(d) A billbaord shall not be erected or maintained in such a place or manner
as to obscure or otherwise physically interefere with an official traffic
control device or a railroad safety signal or sign or to obstruct or
physically interefere with the drivers' view of approaching, merging,
or intersecting traffic for a distance of 500 feet.
(e) No billboard shall be erected or maintained in or within 500 feet of
local parks, historic sites, and public picnic or rest areas; provided
that, an advertising device may be permitted wtihin 500 feet of a park,
site or area on commercially zoned property, with the approval of a
special use permit.
Section 36 -293. Size.
The maximum area of the sign face of a billboard shall not exceed 450 square
feet, including border and trim, but excluding base, apron supports and other
structural members. The said maximum size limitation shall apply to each
side df a sign structure. Signs may be placed back -to -back or in a V -type
arrangement if there are no more than two sign faces, except that the open
end separation shall not exceed fifteen feet. A billboard may only display
one message at a time on any sign face.
Section 36 -294. Height.
The maximum height for billboards shall be 35 feet, unless council approves
a special use permit.
Section 36 -295. Illumination and lighting.
(a) Billbaords shall not be illuminated with flashing lights, except those
giving public service information, such as, but not limited to, time,
date, temperature, weather or news.
(b) Billboard lighting shall be effectively shielded so as not to impair
the vision of any operator of a motor vehicle.
(c) Billboard lighting shall be effectively shielded so as not be impair
the vision of any operator of a motor vehicle.
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(d) Billboards shall not use lights between midnight and 6:00 a.m.
Section 36 -296. Nonconforming signs.
Any billboard sign, lawfully existing and in use as of July_14, 1977, but
not conforming to the provisions of this article, shall be regarded as legal
nonconforming sign which may continue to be in use, if properly repaired and
maintained, as provided in this article and if in conformance with other ord-
inances of this city. Such legal nonconforming signs which are structurally
altered, relocated or replaced shall comply immediately with all provisions
of this chapter. (ord. No. 427, s 818. 104 (7), 7- 14 -77)
Section 36 -297. Ground restoration.
Any ground area disturbed, due to the construction, repair, or removal of
a billbaard, shall be restored to its original condition as part of the
construction, removal or repair work.
Section 36 -298. Conflicts.
Any previously adopted requirements that conflict with this ordinance shall
be null and void.
Sections 36- 299 - -36 -305. Reserved.
Section 3. This ordinance shall take effect after its passage and publication
Seconded by Councilmember Anderson
3. Variance: St. Paul Business Center
Ayes - Councilmembers Anderson, Bastian,
Juker and Maida.
Nays - Mayor Greavu.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of the St. Paul Business Center, 225 -255 E. Roselawn Avenue for approval of a sign
setback variance of nine feet from the side lot line. The Clerk stated the hearing
notice was in order and noted the dates of publication.
b. Manager Evans presented the staff report.
c. Director of Community Development Geoff Olson presented the Community Design
Review Board recommendation:
"Board Member Deans moved the Board recommend approval of the resolution to allow
a nine foot side -yeard setback variance for a. business sign for the St. Paul Business
Center, on the basis that:
1. The variance would be in keeping with the spirit and intent of the ordinance
since there are no signs on the adjacent residential land which would create
a sign clutter problem.
2. Strict enforcement would cause undue hardship since the approved access to
the St. Paul Business Center is too narrow for setbacks to be met.
3. The proposed sign is well within the sizelimitations for this type of use.
A business sign for this use could be as large as 150 square feet. The
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proposed sign would total 57.6 square feet.
Boardmember Folley seconded. Ayes all."
d. Mr. Don Bockmeier,St. Paul Business Center, the applicant, spoke on behalf
of the proposal.
e. Mayor Greavu called for proponents. None were heard.
f. Mayor Greavu called for opponents. None were heard.,
g. Mayor Greavu closed the public hearing.
h. Mayor Greavu introduced the following resolution and moved its adoption:
82 — 11 — 158
WHEREAS, a variance request has been initiated by the St. Paul Business Center
for a nine foot sign setback variance for the following described property:
That part of the East 1/2 of the Northeast 1/4 of Section 18, Township 29,
Range 22, lying Westerly of Highway No. 10, except the North 900 feet thereof.
Such above property being also known and numbered as Number 235 E. Roselawn Avenue,
Maplewood, Ramsey County, Minnesota:
WHEREAS, the procedural history of this variance request is as follows:
1. That a variance request has been initiated by St. Paul Business Center,
pursuant to Chapters 912 and 1000 of the Maplewood Code and Section 462.357
(g) of State Statute;
2. That said variance request was referred to and reviewed by the Maplewood
Community Design Review Board on the 12th day of October, 1982, at which
time said Community Design Review Board recommended to the City Council
that said variance be approved;
3. That the Maplewood City Council held a public hearing to consider the var-
iance request, notice thereof having been published and mailed pursuant
to law; and
4. That all persons present at said hearing were given an opportunity to
be heard and /or present written statements, and the Council considered
reports and recommendations of the City Staff and Board.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY.
COUNTY, MINNESOTA that the above — described variance be granted on the basis of
the following findings of fact:
1. The variance would be in keeping with the spirit and intent of the ordinance
since there are no signs on the adjacent residential land which would create
a sign clutter problem.
2. Strict enforcement would cause undue hardship since the approved access
to the St. Paul Business Center is too narrow for setbacks to be met.
3. The proposed sign is well within the size limitations for this type of
use. A business sign for this use could be as large as 150 square feet.
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The proposed sign would total 57.6 square feet.
4. Lighting shall be regulated to prevent the creation or main-
tenance of a nuisance situation.
Seconded by Councilmember Bastian. Ayes — all.
4. Variance — English and Lark 7:45 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Bernhart Construction, Inc., 1775 E. County Road C, for a corner lot width var-
iance of thirteen feet to construct a single family dwelling at the southwest corner
of Lark Avenue and English Street. The Clerk read the notice of hearing along
with the dates of publication.
b. Manager Evans presented the staff report.
C. The following Planning Commission recommendation was presented:
"Commissioner Kishel moved the Planning Commission recommend approval of the res-
olution granting approval of a lot width variance, on the basis that:
1. There is a hardship since the property could not be developed if the Code re-
quirements were strictly enforced.
2. The variance would be in keeping with the spirit and intent of the ordinance
in that all required setbacks can be met.
3. The City has approved comparable lot width variances in the past.
4. The variances would permit the development of the site and eliminate an eyesore.
5. Most of the developed corner lots in the neighborhood have less frontage than
the proposed lot.
Commissioner Fischer seconded. Ayes — Commissioners Axdahl, Barrett,
Ellefson, Fischer, Hejny, Kishel, Pellish, Prow, Whitcomb."
d. Mr. Iry Bobbledyk, Bernhart Construction Co., 1775 E. County Road C, spoke
on behalf of the proposal.
e. Mayor Greavu called for proponents. None were heard.
f. mayor Greavu called for opponents. None were heard.
g. Mayor Greavu closed the public hearing.
h. Councilmember Anderson introduced the following resolution and moved its adoption:
82 — 11 — 159
WHEREAS, a variance request has been initiated by Bernhart Construction, Inc.
for a thirteen foot lot width variance for the following described property:
Lot 28, except the west 30 feet, and all of lots 29 and 30, Block 7, Clifton Addit-
ion to Ramsey County, Minnesota.
11 — 11/8
WHEREAS, the procedural history of this variance request is as follows:
1. That a variance request has been initiated by Bernhart Construction, Inc.
pursuant to Chapters 912 and 1000 of the Maplewood Code and Section 462.357
(g) of State Statute; -
2. That said variance request was referred to and reviewed by the Maplewood
City Planning Commission on the 18th day of October, 1982, at which time
said Planning Commission recommended to the City Council that said variance
be approved;
3. That the Maplewood City Council held a public hearing to consider the var-
iance reqeust, notice thereof having been published and mailed pursuant
to law; and
4. That all persons present at said hearing were given an opportunity to be
heard and /or present written statements, and the Council considered reports
and recommendations of the City Staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD,
RAMSEY COUNTY, MINNESOTA, that the above - described variance be granted on the basis
of the following findings of fact:
1. There is a hardship since the property could not be developed if the code
requirements were strictly enforced.
2. The variance would be in keeping with the spirit and intent of the ordinance
in that all required setbacks can be met.
3. The City has approved comparable lot width variances in the past.
4. The variances would permit the development of the site and eliminate an
eyesore.
5. Most of the developed corner lots in the neighborhood have less frontage
than the proposed lot.
Seconded by Councilmember Bastian. Ayes - all.
5. Variance: 2745 Gem - Gray - 8:00 P.M.
Deleted.
G. AWARD OF BIDS
None.
H. UNFINISHED BUSINESS
1. Code Amendment: Double Dwelling Entrances - 2nd Reading
a. Manager Evans presented the staff report.
b. Mayor Greavu introduced the following ordinance and moved its adoption:
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ORDINANCE NO. 527
AN ORDINANCE AMENDING 36
OF THE MAPLEWOOD ZONING CODE
THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 36 -86(2) of the Maplewood Code is hereby amended to read
as follows:
2. Double dwellings, either one or two stories, double bungalows with court
or patio, each living quarter having a minimum of six hundred square feet
(600 sq.ft.) of floor area. Duplexes must have a minimum of twelve hundred
square feet (1200 sq. ft.) of floor area.
Section 2. This Ordinance shall take effect and be in force from and after
its passage and publication, as provided by law.
Seconded by Councilmember Maids. Ayes — all.
2. Rubbish Removal — 2nd Reading
a. Manager Evans presented the staff report.
b. Several of the rubbish haulers attended the meeting and expressed their views
C. Councilmember Bastian moved to table this item until November 22, 1982.
Seconded by Councilmember Anderson. Ayes — all.
3. Code Amendment — Setbacks to R -1 Zones
a. Manager Evans presented the staff report.
b. Councilmember Anderson moved first reading of an ordinance establishing minimum
setback requirements.
Seconded by Councilmember Anderson. Ayes — all.
F. PUBLIC HEARINGS (continued)
6. Preliminary Plat: Schwichtenberg Addition 8:15 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding a proposed
land subdivision requested by Kurt Schwichtenberg for 13 single dwelling lots with
a remnant lot to be developed later located south of Linwood and east of McKnight
Road. The Clerk stated the hearing notice was in order and noted the dates of
publication.
b. Manager Evans presented the staff report.
C. .Director of Community Development Geoff Olson presented the following Planning
Commission recommendation:
"Commissioner Kishel moved the Planning Commission recommend to the City Council
approval of the Schwichtenberg Second Addition preliminary plat for thirteen single —
dwelling lots, subject to:
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1. Lot five, block one and lot one, block two shall be at least 100 feet in
width, at the established building setback line from Dorland Road.
2. That part of the outlot lying northeast of a line from the northeast corner
of parcel 040 -29 to the center of the temporary Dorland Road cul —de —sac,
shall be combined with lot three, block two, as illustrated on map three.
The remainder of the outlot shall be redesignated as Outlot A.
3. Lots seven and nine, block one, shall be at least 75 feet wide at the build-
ing setback line, as measured parallel to the right —of —way of Dorland Road.
4. Lots five through eleven, block one, shall be changed to lots one through
seven, block three.
5. A signed developers' agreement shall be approved by the City Engineer. The
developers' agreement shall include provisions for:
a. Dedication of storm sewer and trail easements as follows:
(1) Twenty -feet wide from Dahl Road to the existing pond, centered on
the east line of lots five through eight, block one.
(2) Twenty —feet wide adjacent to the southwesterly and southerly lines
of lot eleven, block one.
(3) Ten —feet wide across the northwest corner of lot eleven, block one
as measured from the west line of the plat.
(4) Over the existing pond.
b. Construction of public streets and utilities internal to the plat, including
easements, construction and elimination of the temporary cul —de —sacs
at the ends of Dorland and Dahl Roads.
6. Approval by the City Engineer of final grading, drainage, and utility plans.
7. Submission of an erosion control plan to the City Engineer, consistent with
the recommendations of the Soil Conservation Service. This plan shall address
the trail access to the park (Outlet C).
8. Outlot C may be used for calculating density on lot four, block one.
9. Prior to issuance of an occupancy permit, the developer shall grade an eight —
foot wide trail within the storm water easement adjoining lot eleven, block
one from Outlot C to the temporary cul —de —sac for Dorland Road. The alignment
within the storm water easement shall be approved by the City Engineer. (A
recommended trail alignment is illustrated on map three.).
10. Except for the land lying east of the trail (item nine), the area southwest
of the southwest line of lot eleven, block one and north of the easterly
extension of the south line of parcel 040 -29 (map three) shall be designated
as Outlot B. The excepted land shall be combined with lot eleven, block
one.
11. Outlot C shall be dedicated to the City for park not in lieu of PAC. charge.
Commissioner Pellish seconded. Ayes — Commissioners Axdahl, Barrett, Ellefson,
Fischer, Hejny, Kishel, Pellish, Prew, Whitcomb."
14 — 11/8
d. Mr. Kurt Schwichtenberg, the applicant, spoke on behalf of the proposal.
e. Mayor Greavu called for proponents. None were heard.
f. Mayor Greavu called for opponents. None were heard.
g. Mayor Greavu closed the public hearing.
h. Councilmember Anderson moved to
preliminary plat — for -13 single dwel
approve"
pprove the Schwicht
ine lots subiect to:
Second Addition
1. Lot five, block one and lot one, block two shall be at least 100 feet in
width, at the established building setback line from Dorland Road.
2. That part of the outlet lying northeast of a line from the northeast corner
of parcel 040 -29 to the center of the temporary Dorland Road cul —de —sac,
shall be combined with lot three, block two, as illustrated on map three.
The remainder of the outlot shall be redesignated as Outlot A.
3. Lots seven and nine, block one, shall be at least 75 feet wide at the build-
ing setback line, as measured parallel to the right —of —way of Dorland Road.
4. Lots five through eleven, block one, shall be changed to lots one through
seven, block three.
5. A signed developers' agreement shall be approved by the City Engineer. The
developers' agreement shall include provisions for:
a. Dedication of storm sewer and trail easements as follows:
(1) Twenty —feet wide from Dahl Road to the existing pond, centered on the
east line of lots five through eight, block one.
(2) Twenty —feet wide adjacent to the southwesterly and southerly lines of
lot eleven, block one.
(3) Ten —feet wide across the northwest corner of lot eleven, block one as
measured from the west line of the plat. This condition will be eliminated
if the property owners to the west grant an easement.
(4) Over the existing pond.
b. Construction of public streets and utilities internal to the plat, including
easements, construction and elimination of the temporary cul —de —sacs
at the ends of Dorland and Dahl Roads.
6. Approval by the City Engineer of final grading, drainage, and utility plans.
7. Submission of an erosion control plan to the City Engineer, consistent with
the recommendations of the Soil Conservation Service. This plan shall address
the trail access to the park (Outlot C).
8. Outlot C may be used for calculating density on lot four, block one.
9. Prior to issuance of an occupancy permit, the developer shall grade an eight —
foot wide trail within the storm water easement adjoining lot eleven, block
one from Outlot C to the temporary cul —de —sac for Dorland Road. The alignment
within the storm water easement shall be approved by the City Engineer.
(A recommended trail alignment is illustrated on map three.).
— 15 — 11/8
10. Except for the land lying east of the trail (item nine), the area southwest
of the southwest line of lot eleven, block one and north of the easterly
extension of the south line of parcel 040 -29 (map three) shall be designated
as Outlot B. The excepted land shall be combined with lot eleven, block
one.
11. Outlot C shall be dedicated to the City for park not in lieu of PAC charge
Seconded by Councilmember Maida. Ayes — all.
UNFINISHED BUSINESS (continued)
5. Fees: Coin Operated Amusement Devices
a. Manager Evans presented the staff report.
b. Councilmember Anderson moved to establish the following fees for all—coin oper-
ated amusement devices:
0 — 10 machines $25 per location
10 per machine
10 — 50 machines 50 per location
15 per machine
over 50 machines 100 per location
25 per machine
Seconded by Councilmember Joker. Ayes — Councilmembers Anderson and Joker.
Nays — Mayor Greavu, Councilmembers Bastian
and Maida.
C. Councilmember Juker moved to establish the following —fees for all—coin operated
amusement devices: �T
$100 per location
$ 25 per machine.
Seconded by Councilmember Anderson.
J. NEW BUSINESS
1. Election Fees Increase
Ayes — Councilmembers Anderson, Joker and
Maida.
Nays — Mayor Greavu, Councilmember Bastian.
a. Manager Evans presented the staff report.
b. Councilmember Anderson moved to approve the Electrical Permit Fee Schedule
as presented effective- January 1, 1983.—
Seconded by Councilmember Bastian. Ayes — all.
2. Plan Amendment — Gladstone Neighborhood
a. Manager Evans presented the staff report. -
— 16 — 11 /8
b. Mr. Michael Mularone, owner of property on Frost Avenue and his attorney, Mr.
John Daubney, spoke in opposition to the plan amendment and in favor of the Planning
Commission's recommendation. -
C. Mayor Greavu introduced the followings resolution and moved its adoption:—
82 — 11 160
WHEREAS, a proceedings for the amendment of the Maplewood Comprehensive
Municipal Plan entitled "Plan for Maplewood" Iias been initiated by the City Council.
The following areas on page 19 -17 of the Plan are hereby amended:
1. The RM, residential medium density south of Frost Avenue, north of Fenton Avenue,
west of the centerline of block 2 Kavanagh and Dawson's Addition to Gladstone,
and east of East Shore Drive is changed to RL, residential lower density, except
for lots 4 -10, block 4, Kavanagh & Dawson's Addition.
2. Lots 1 -8, block 1 W.H. Fisher's Addition to Gladstone are changed from RM to
RH, residential high density.
3. Lots 1 -12, block 2 and lots 9 -30, block 1 W.H. Fisher's Addition to Gladstone
are changed from RM to RL.
4. Lots 8 -15, block 4, lots 6 -12, block 6, and lots 1 -15, block 5 Gladstone Plat
are changed from RM to RL.
5. Lots 1 and 2 Oswald's Gardens is changed from RM to RL.
6. The area bounded by Ripley Avenue on the north, English Street on the west,
the Burlington Northern tracks on the east and Larpenteur Avenue on the south,
except the lot on the northeast corner of English Street and Larpenteur Avenue,
is changed from RM to RL.
7. The lot on the northeast corner of Larpenteur Avenue and English Street is
changed from RM to LSC, limited service commercial.
The acreages for the Gladstone Neighborhood on page 19 -3 of the Plan are amended
as follows:
1. Change the RL from 299 to 318
2. Change the RM from 46 to 26
3. Change the RH from 0 to 1
WHEREAS, the procedural history of the proposed amendment is as follows:
1. The City of Maplewood has a Comprehensive Municipal Plan entitled "Plan for
Maplewood" adopted pursuant to the provisions of Minnesota Statutes, Chapter
670, Laws 1965 (the. Municipal Planning Act, Minnesota Statutes Annotated, Sec-
tions 462.351 to 462.364 thereof);
2. Minnesota Statutes, Section 462.355, Subdivision 2 and 3 thereof, provide for
amendment of the Comprehensive Municipal Plan or of any section thereof;
3. An amendment of the Comprehensive Municipal Plan has been propsoed by the City
Council and referred to the Maplewood Planning Commission, which held a public
hearing on the 18th day of October, 1982 . pursuant to Minnesota Statutes, 462.355,
Subdivision 2 thereof, notice by mail and publication having been given, heard
all who wished to be heard, considered all written and staff reports and analysis.
— 17 — 11/8
WHEREAS, the Maplewood City Planning Commission,.. having considered the testi-
mony of .those present, all written submissions to it and staff reports, approved
the amendment on the following findings of fact:
1. The areas proposed for RL designation are predominately single dwellings at
low density.
2. The LSC and RH designations reflect existing uses.
NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council hereby certifies
the above described amendment to its Comprehensive Municipal Plan entitled "Plan
for Maplewood."
Seconded by Councilmember Maida. Ayes — Mayor Greavu; Councilmembers Bastian
and Maida.
Nays — Councilmember Joker.
Councilmember Anderson abstained.
3. Time Extension Maple Greens 3rd Addition
a. Manager Evans presented th'e staff report.
b. Mr. Ken Gervais, Vice President of Castle Design, explained the need for the
time extension.
C. Mayor Greavu moved approval of a one year time extension for platting outlots
A and B of Maple Greens 3rd Additon.
Seconded by Councilmember Bastian. Ayes — all.
4. Assessment — Dave Zachor
a. Manager Evans stated Mr. Zachor was requesting cancellation of the interest
for 1983 placed on his assessment for Adolphus Street Sanitary Sewer Improvement.
b. Councilmember Bastian moved to cancel the interest for 1983 as requested
Mr. Zachor. �^
Seconded by Mayor Greavu.
Ayes — all.
5. R.C.E. Corporation — Exiting — Right Turn Only
a. Item I -5 tabled to November 22, 1982.
6. Holloway Avenue from 7th Avenue — McKnight Designate County Road
a. Manager Evans presented the staff report.
b. Councilmember Anderson introduced the following resolution and moved its adoption:
82 — 11 — 161
WHEREAS, Holloway Avenue would, if constructed, provide an important link
in the Ramsey County Road System;
— 18 — 11/8
NOW, THEREFORE, BE IT RESOLVED, that the Maplewood City Council supports
designating Holloway Avenue from 7th Avenue to McKnight Road a County Road.
Seconded by Councilmember Bastian. Ayes — all.
7. Concordia Arms — Pedestrian Crosswalk
a. Manager Evans presented the staff report.
I.
b. Ms. Mary Duncan, 2030 Lydia, Concordia Arms, spoke in favor of the request
of some controls to facilitate crossing Lydia Avenue.
C. Councilmember Juker moved to authorize staff to install crosswalk signs and
paint a crosswalk on Lydia Avenue to connect the sidewalks.
Seconded by Councilmember Bastian.. Ayes — all.
8. Crestview Drive — Water Main
a. Manager Evans presented the staff report.
b. Councilmember Bastian introduced the following resolution and moved its adoption:
82 — 11 — 162
WHEREAS, the City Council has determined that it is necessary and expedient
that the improvements within the project limits of Crestview Drive south of Hudson
Place by the construction of the watermain and appurtenances be studied.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
that the improvement as hereinbefore described is hereby referred to the City Eng-
ineer, and he is instructed to report to the Council with all convenient speed
advising the Council in a preliminary way as to whether the proposed improvement
is feasible and should best be made as proposed, and the estimated cost of the
improvement as recommended; and
BE IT FURTHER RESOLVED that the aforesaid work be hereafter referred to as
Project No. 82 -19.
Seconded by Councilmember Anderson. Ayes — all.
C. Mr. Joe Boland, 131 Crestview Drive, stated he wants the water.
d. Mr. Bill Zappa, 230 Crestview Drive, stated his views.
9.. Ordinance Limiting Terms on Board and Commissions — 1st Reading
a. Councilmember Anderson moved to refer this proposed ordinance to the various
boards and commissions for review.
Seconded by Mayor Greavu.
Ayes — all.
10. Ramsey — Washington. County Watershed Agreement
a. Mayor Greavu moved to refer the name of former Councilmember Donald Wiegert
to Ramsey County. Commissioners as nominee to the Ramsey_Washington Metro Water -
s�d_District Board of Ma— nagers for this area.
19 — 11/8
Seconded by Councilmember Bastian. Ayes — all.
11. St. Paul Water Utility — Overcharge Review
a. Manager Evans presented a copy of the letter he had sent to Mr. Elmer Huset,
General Manager of the St. Paul Water Department, regarding the raise in the water
rates to suburbs.
b. Council stated this should be discussed at a meeting with the City's legislators.
Councilmember Bastian stated he will establish such a meeting.
J. VISITOR PRESENTATIONS
None.
K. COUNCIL PRESENTATIONS
I. Plan Review Authority
a. Councilmember Juker moved that the Plan Review Authority Ordinance be placed
on the next agenda for discussion and review.
Seconded by Councilmember Anderson. Ayes — all.
2. Staff — Council Meeting
a. Council established a meeting for the Council, Manager and Police Chief Ken
Collins, at 7:00 A.M. November 16, 1982 at Denny's.
3. Voting
a. Mayor Greavu stated he had received a lot of calls regarding the length of
time it took to vote.
L. ADMINISTRATIVE PRESENTATIONS
None.
M. ADJOURNMENT
10:40 P.M.
City Clerk
— 20 — 1/8