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HomeMy WebLinkAbout03.28.83MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, March 28, 1983 Council Chambers, Municipal Building Meeting No. 83 -7 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 7:00 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present MaryLee Maida, Councilmember Absent C. APPROVAL OF MINUTES Councilmember Juker moved to approve the Minutes of Meeting No. 83 -04, February 14, 1983, as corrected: Page 1 - Item B - Anderson Page 6 - Item F, 1 h - Maplewood Page 9 - Item I, 2 — selection Page 11 - Item I, 5, 2 - enumerated Page 11 - Item I, 8 - fuel Page 11 - Item I, 6a - established Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson, Bastian and Juker Mayor Greavu abstained. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Reconsideration 2. Commission's Application 3. Senior Citizen 4. Hazardous Materials 5. Holloway Letter 6. Street Standards 7. Bids Seconded by Councilmember Bastian. Ayes - all. E. CONSENT AGENDA Council removed Items E - 4 &5 from the consent agenda to become Item I, 9 & 10. Councilmember Bastian moved seconded by Councilmember Juker, Ayes - all, to the Consent Agenda, Items 1, 2, 3 and 6 as recommended. 3/28 1. Accounts Payable Approved the accounts (Part I, Fees, Services and Expenses, Check register dated March 15 and 16, 1983 - $494,070.25: Part II, Payroll, Check register dated March 25, 1983, for pay period ending March 18, 1983 - $54,675.37) in the amount of $548,745.62. 2. Frost Avenue - Right of Way Authorized the payment of $656.25 to Cross Lutheran Church for the purchase of right of way required for construction of Frost Avenue Project No. 82 -9. 3. Final Payment - Cope Avenue Resolution No. 83 - 3 - of=f RESOLUTION ACCEPTING WORK AND ORDERING .FINAL PAYMENT WHEREAS, pursuant to a written contract approved by the City of May 28, 1980, C & H Contracting, Inc. has satisfactorily completed Maplewood Improvement Project 79 -1 in accordance with said contract. WHEREAS, American Druggist Insurance Company, the contractor's bonding agent has agreed to hold the City harmless from claims arising from the said contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF MAPLEWOOD, MINNESOTA, the work completed under said contract is hereby accepted and approved, and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, taking the bonding agent's receipt in full. 6. District Bike Rodeo Authorized the use of the Municipal Parking Lot west of the Gladstone House for the District 622 Bike Rodeo on May 7, 1983, from noon to 3:00 P.M. F. PUBLIC HEARINGS 1. Street Vacation - Harris a. Mayor Greavu convened the meeting for a public hearing regarding the request of Mark Marty to vacate Harris Avenue from Prosperity Road to a point 170 feet west of Prosperity Road. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. C. Chairman Les Axdahl presented the following Planning Commission recommendation: Commissioner Fischer moved the Planning Commission recommend to the City Council approval of the resolution vacating Harris Avenue, 1380 feet west of Prosperity Road, subject to: - 2 - 3/28 1. Retaining an easement over the entire right -of -way for storm sewer, utilities and the Williams Brothers pipeline. 2. Providing a storm water holding area easement over the westerly 40 feet of the south 75 feet and the westerly 60 feet over the remainder of the applicant's property before the vacation is recorded. Commissioner Hejny seconded Ayes - Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Pellish, Prew, Whitcomb. d. Mayor Greavu called for proponents. The applicant, Mr. Mark Marty, 2021 Prosperity Road spoke on behalf of his request.. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilmember Anderson introduced the following resolution and moved its adoption: 83 - 3 - if WHEREAS, Mark Marty initiated proceedings to vacate the public interest in the following- described real property: That portion of the Harris Avenue right -of -way described as follows: 130 feet west of the northeasterly extension of the southeasterly lot line of lot one, F.D. Nelson's Homesites in Section 15- 29 -22, as measured along the south right -of -way line. WHEREAS, the procedural history of this vacation is as follows: 1.. This vacation was initiated by Mark Marty on February 11, 1983; 2. A majority of the owners of property abutting said street have signed a petition for this vacation; 3. This vacation was reviewed by the Planning Commission on March 7, 1983. The Planning Commission recommended to the City Council that this vacation be approved; 4. The City Council held a public hearing on March 28, 1983, to consider this vacation. Notice thereof was published and mailed pursuant to law. All persons present at this hearing were given an opportunity to be heard and present -written statements. The Council also con- sidered reports and recommendations of the city staff and Planning Commission. WHEREAS, upon vacation of the above - described street, public interest in the property will accrue to the following- described abutting properties: Lot 1, F. D. Nelson' -s Homesites - 3 - 3/28 NOW, THEREFORE, BE IT RESOLVED by the Maplewood City Council that it is in the public interest to grant the above - described vacation on the basis of the following findings of fact: 1. There is no need for a public street oven -: this right -of -way. 2. Maintaining the right -of -way unnecessarily restricts development of the property to the north. - This vacation is subject to the retention of an easement for storm sewer, utilities and the Williams Brothers Pipeline. Seconded by Mayor Greavu. G. AWARD OF BIDS 1. Manager Evans presented the staff report. Ayes - all 2. Councilmember Bastian introduced the following resolution and moved its adoption: 83 - 3 -1746 WHEREAS, the City Council of Maplewood, Minnesota, has deemed it necessary and expedient, and WHEREAS, following advertisement, sealed bids were received on March 24, 1983. NOW BE IT RESOLVED that the sale of four Public Safety vehicles to the highest qualified bidder be, and is hereby, approved as follows: 1981 Damaged Ford LTD $ 810.81 1981 Undamaged Ford LTD 1,756.99 1979 Buick LeSabre 790.79 1981 Chevrolet Station wagon 1,777.77 Seconded by Mayor Greavu. Ayes - all. H. UNFINISHED BUSINESS 1. Rezoning. Century Avenue - Ivy Tracks a. Manager Evans presented the staff report. b. Chairman Les Axdahl presented the following Planning Commission recommendation: Commissioner Pellish moved the Planning Commission recommend to the City Council approval of the resolution rezoning this area from M -2 to F and R -3 consistent with the staff report dated February 14, 1983. Commissioner .Whitcomb seconded. Ayes - Commissioners Axdahl, Fischer, Hejny, Pellish, Sletten, Whitcomb. C. Councilmember Juker moved to reconsider the F (Farm) zone area and to initiate a R -2 zone for the other area and refer this to the Planning Commis- sion. - 4 - 3/28 Seconded by Councilmember Anderson. Ayes - all. F. PUBLIC HEARINGS (Continued) 2. Plan Amendment - Rezoning 1300 McKnight Rd. 7:15 P.M. a. Plan Amendment 1. Mayor Greavu convened the meeting for a public hearing regarding a proposed plan amendment for 1300 McKnight Road from RM Residen- tial Medium Density to BW - Business Warehouse. The Clerk stated the hearing notice was in order and noted the dates of publication. 2. Manager Evans presented the staff report. 3. Chairman Les Axdahl presented the following Planning Commission recom- mendation: Commissioner Fischer moved the Planning Commission recommend to the City Council approval of the resolution approving a plan amendment from RM, Residential Medium Density to BW, Business Warehouse for Bulk Service Corporation's property abutting the Beaver Lake Estates Mobile Home Park. Also, the Commission recommends the acreage chart on page 19 -3 of the Land Use Plan be amended to reflect the proposed 9.4 acreage change from RM, Residential Medium Density to BW, Business Warehouse use for the Beaver Lake Neighborhood. Commissioner Hejny seconded. 4. Mayor Greavu called for proponents Ayes - Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Pellish, Prew, Whitcomb. None were heard. 5. Mayor Greavu called for opponents. None were heard. 6. Mayor Greavu closed the public hearing. 7. Mayor Greavu introduced the following resolution and moved its adoption: 83 - 3 - /�% WHEREAS, a proceedings for the amendment of the Maplewood Comprehensive Munici- pal Plan entitled "Plan for Maplewood" has been initiated by the City of Maplewood for a change of Planned Use from RM - Residential Medium Density to BW - Business Warehouse for the following generally described area: That part of the Northeast 1/4 of the Southwest 1/4 of Section 24, Township 29, Range 24, except the Northwesterly 95 feet part South- easterly of Omaha Railway main track center line (part of property tax parcel 57- 02410- 030 -50) that lies South of the following described line, beginning 620 feet North of the Southeast corner of said quarter - quarter, thence Southwesterly to the Southwest corner of said quarter - quarter. - 5 - 3/28 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, Minne- sota Statutes Annotated, Sections 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 proposed by the City of Maplewood and referred to the Maplewood Planning Commission, which held a public hearing on the 7th day of March, 1983, 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. WHEREAS, the Maplewood City Planning Commission, having considered the testimony of those present, all written submissions to it and staff reports, recommended approval of the amendment. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described plan amendment be approved on the basis of the following findings of fact: 1. An RM designation gives the Beaver Lake Estates management unfair leverage in negotiating the purchase of the property. 2. Land use compatibility can be accomplished if developed for warehouse or mobile homes. 3. The impact on the Beaver Lake Neighborhood would be of minor signifi- cance. Seconded by Councilmember Bastian. Ayes - all. b. Rezoning 1. Mayor Greavu convened the meeting for public hearing regarding the rezoning of 1300 McKnight Road from M -2 Heavy Manufacturing to M -1 Light Manufacturing. The Clerk stated the hearing notice was in order and noted the dates of publication. 2. Manager Evans presented the staff report. 3. Chairman Les Axdahl presented the following Planning Commission recom- mendation: Commissioner Whitcomb moved the Planning Commission recommend to the City Council approval of the resolution rezoning the property at 1300 McKnight Road from M -2 to M -1. Commissioner Barrett seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Pellish, Prew, Whitcomb. 6 - 3/28 4. Mayor Greavu called for proponents. None were heard. 5. Mayor Greavu called for opponents. None were heard. 6. Mayor Greavu closed the public hearing. 7.. Councilmember Anderson introduced the following resolution and moved its adoption: 83 - 3 - �j'' WHEREAS, the Maplewood City Council initiated the following rezoning: Except the Northwesterly 95 feet part Southeasterly of the Omaha Railway main track center line of the Northeast 1/4 of the South- west 1/4 also except the 8 -1/2 foot strip Southerly of the center line of I.C.C. track 114 and except the West 66 feet and except the Northwesterly 95 feet parallel with said main track center line part of the West 1/2 of the Southwest 1/4 North- westerly of a line parallel with and 450 feet South from (measured on the west line of the section) original 100 feet Omaha Railway right -of -way (subject to roads and easements) in Section 24, Town- ship 29, Range 22 WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by the Maplewood City Council, pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commission on March 7, 1983. The Planning Commission reocmmended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on the 28th day of March, 1983, to consider this rezoning. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the city staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described rezoning be approved on the basis of the following findings of fact: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning ordinance and comprehensive plan. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. - 7 - 3/28 Seconded by Councilmember Bastian Ayes - all. 3. Plan Amendment - McKnight and Maryland - 7:15 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding a proposed amendment to the Land Use Plan to change the property at the northwest intersection of Maryland Avenue and the McKnight Road realign- ment from SC - Service Commercial to RM- Residential Medium Density. The Clerk stated the hearing notice was in order and .noted the dates of publication. b. Manager Evans presented the staff report. c. Chairman Les Axdahl presented the following Planning Commission recommenda- tion: Commissioner Pellish moved the Planning Commission recommend to the City Council approval of the resolution amending the Land Use Plan from RM, Residential Medium Density to LSC, Limited Service Commercial for the property lying northeast of the intersection of Maryland Avenue and the McKnight Road realignment. Also the Commission recommends ap- proval of the resolution amending the Land Use Plan designation from SC, Service Commercial to RM, Residential Medium Density, for the property lying northwest of the intersection of Maryland Avenue and the McKnight Road realignment. Commissioner Ellefson seconded. Some of the Commissioners said they could not vote in favor of this proposed amendment because the exact location of the McKnight Road realignment;is not decided on. Voting on the motion: Motion carries 4 -2 -1 Ayes - Commissioners Barrett, Ellefson, Pellish and Prew Nays - Commissioners Whitcomb and Hejny Abstained - Commissioner Fischer d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilmember Bastian introduced the following resolution and moved its adoption: - 8 - 3/28 83 -3 -1/f WHEREAS, a proceedings for the amendment of the Maplewood Comprehensive Municipal Plan entitled "Plan for Maplewood" has been initiated by the City of Maplewood for a change of Planned Use from SC, Service Commercial to RM, Residential Medium Density for the following generally- described area: The portion of the following- described property lying west of the center- line of the McKnight Road Realignment: The east 365 feet of the south 503- 11/12 feet of the SW4 of the SW4, subject to Maryland Avenue in Section 24, Township 29, Range 22. 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, Sections 462.341 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 proposed by the City of Maplewood and referred to the Maplewood Planning Commission, which held a public hearing the 7th day of March, 1983, 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. WHEREAS, the Maplewood City Planninn Commission, having considered the testimony of those present, all written submissions to it and staff reports, recommended approval of the proposed amendment. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described Plan Amendment be approved on the basis of the following findins of fact: 1. The Service Commercial designation is too intensive for this location. 2. The preferred site for neighborhood commercial shopping is on the east side of the McKnight Road Realignment. 3. There is no justification for designating both sides of the road for commercial use at this time. 4. The Resid ential Medium Density designation would be consistent with adjoining planned land uses. 5. The change would not have an adverse affect on the land use plan. Seconded by Councilmember Juker. Ayes - all. 4. Code Amendment - N C District - 2nd Reading 7:30 P.M. - 9 - 3/28 5 H a. Mayor Greavu moved to table this item until such time as there is a full council. Seconded by Councilmember Juker. Ayes -all. Rezonings: Maryland and McKnight- 7:30 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the propped rezoning of 68 acres at the corner of McKnight Road and Maryland Avenue from M -2 Heavy Manufacturing to R -3 Multiple Dwelling, R -2 Double Dwelling and NC Neighborhood Commercial. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. c. Chairman Axdahl presented the following Planning Commission recommend- ation: Commissioner Prew moved the Planning Commission recommend to the City Council the area under consideration be rezoned as follows: 1. Area 1, which would refer to all properties east of the proposed new alignment of McKnight Road, except for what is now called Area 2, would be rezoned to R -3 Multiple Dwelling. 2. Area 2, which would consist of the piece of property at the intersection between the mobile home park and proposed McKnight alignment as shown on the staff memorandum, would be NC, Neighborhood Commercial. 3. Area 3, which would be all remaining parts, which would be all parts west of the propped McKnight Road alignment would be rezoned as R -1, Residential District (Single Dwelling). Commissioner Whitcomb seconded. Ayes- Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Pellish, Prew, Whitcomb d. Mayor Greavu called for proponents and opponents. The following persons voiced their opinions: Mr. Tony Oswald Mr. Phil Oswald Mrs. Paul Edmiston, 2345 E. Maryland e. Mayor Greavu closed the public hearing. f. Councilmember Anderson moved to approve the rezoning as stated in the Planning Commission report. Seconded by Councilmember Bastian. Motion defeated- 4/5 votes required. Unfinished Business Ayes -Mayor Greavu, Councilmembers Anderson, and Bastian. Nay - Councilmember Juker 2. Code Amendment: Planning Commission Terms. - 10 - 3/28 I a. Manager Evans stated the proposed amendment would allow any commission or board member with an expired term to serve until a new appointment or re- appoint- ment is made. b. Councilmember Bastian moved to approve the amendment to the ordinances as stated by the Manager. Seconded by Mayor Greavu. Ayes - all. c. Mayor Greavu introduced the following ordinance and moved its adoption: ORDINANCE NO. -°,9,9 BNOARDS, COMMITTEES AND COMMISSIONS TERMS OF OFFICE THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 2 -61 of the.Maplewood Code of Ordinances is to read as follows: 2 -61. Members of all Boards, Committees and Commissions shall continue in their term of office until a successor is duly appointed. Section 2. The ordinance shall take effect and be in force from and after its passage and publication, as provided by law. Seconded by Councilmember Bastian. Ayes - all. NEW BUSINESS 1. Final Plat - Carsgroves Final Addition a. Manager Evans presented the staff report. b. Councilmember Bastian moved approval of the Carsgroves First Addition final plat subject to the following: 1. The receipt of an irrevocable letter of credit for completion of required public improvements prior to the City signing of the final plat. - 11 - 3/28 2. Submission of temporary roadway easements for the north and south side of Demont Avenue for a temporary cul -de -sac at the east -- boundary site. Seconded by Councilmember Anderson. Ayes- all. 2. Final Plat - Carsgroves Second Addition. a. Manager Evans presented the staff report. b. Mayor Greavu moved approval of Carsgrove's Second Addition final plat providing a con pions ave been comp le wi Seconded by Councilmember Anderson. Ayes - all. 3. Inventory of Potential R -1 to R -2 a. Manager Evans presented the staff report. b. Mayor Greavu moved to table until a full council is in attendance. Seconded by Councilmember Bastian. Ayes- all. 4. H.R.A.- Annual Report a. Manager Evans presented the staff report. b. Mayor Greavu moved to accept the 1982 H.R.A. Annual Report. Seconded by Coucilmember Bastian. Ayes - all. c. Establishing a meeting date for the Council and H.R.A. was referred back to H.R.A. for further review of possible dates. 5. Hiring- Temporary Personnel- Engineering a. Manager Evans presented the staff report. b. Councilmember Bastian moved authorization to interview and hire two(2) temporary people as survey crew e pers or is years upcoming construction Drojec s. Seconded by Mayor Greavu. Ayes - all 6. Paramedic Bill - Cancellation a. Manager Evans presented the staff report. b. Mayor Greavu moved cancellation of parame charges for Gays eiser i—n e amoun, Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Council - members Anderson and Bastian. Nay - Councilmember Juker 7. Request for No Parking Signs - Ide Street is ambulance service - 12 - 3/28 a. Manager Evans presented the staff report. b. Mr. Sheldon Knutson, 1942 Ide Street, spoke on behalf of his request for no parking. c. Councilmember Bastian moved to establish no parking on the east side of Ide Street from Frost Avenue to the dead -end between the hours of 6:00 P.M. to 6:00 A.M. Seconded by Councilmember Anderson. Ayes — all. 8. Industrial Revenue Fee a. Mayor Greavu moved to table this item for further information. Seconded by Councilmember Anderson. Ayes — all. 9. Street Lights a. Councilmember Bastian moved to authorize the Mayor and Clerk to sign an agreement requesting Northern States Power to connect mercury street lights to high pressure sodium lights as the mercury ballasts fail, with no conversion cost to Maplewood Seconded by Councilmember Anderson. Ayes — Mayor Greavu, Councilmembers Anderson and Bastian Nay — Councilmember Juker 10. Budget Transfer —Supplementary Codification a. Councilmember Bastian moved to authorize staff to contact Municipal Code Corporation and request Supplement No. 1 to the Municipal Code and also approve a budget transfer of $2000.00, from the Contingency Fund. Seconded by Councilmember Anderson. Ayes — all. J. Visitor Presentation - None K. Council Presentation 1. Reconsideration a. Councilmember Juker moved reconsideration of the Hazelwood Street improvement. Seconded by Councilmember Anderson. Ayes — all. 2. Commission Application a. Councilmember Juker presented an application form for commission applicants and moved to adopt the same as the official form. Seconded by Councilmember Bastian. Ayes — all. 3. Senior Citizen a. Councilmember Anderson moved to request staff to review various Senior Citizen ordinances pertaining to reduction in sewer rates. -13- 3/28 Seconded by Councilmember Bastian. Ayes - all. 4. Hazardous Materials a. Councilmember Bastian informed the Council of several bills that are pending concerning employees use of hazardous materials. 5. Letter - Holloway Street a. Councilmember Bastian referred the letter from the resident regarding Holloway Street to staff for review. 6. Street Standards a. Councilmember Bastian commented on the letter from Richard Braun stating there will be a meeting regarding establishing street standards on April 8, 1983. This is an opportunity for the Council to express their views. The meeting will be held at the Transportation Building. b. Councilmember Anderson will attend. L. Administrative Presentation 1. Project 80 -10 Award a. Manager Evans presented the staff report. b. Mayor Greavu moved to authorize the payment of award of damages for ac uisition of right of entry and utilit6es for Project 80 -1C in the amount of ,5,800.00 to James M. & Gloria J. Matson. Seconded by Councilmember Bastian. Ayes - all. Meeting Adjourned - 8:53 P. M. City Clerk - 14 - 3/28