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HomeMy WebLinkAbout04.25.83MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, April 25, 1983 Council Chambers, Municipal Building Meeting No. 83 -09 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 7:01 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Absent Frances L. Juker, Councilmember Present MaryLee Maida, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes of Meeting No. 83 -05 (February 28, 1983) Councilmember Anderson moved to approve the Minutes of Meeting No. 83 -05 (February 28, 1983) as submitted. Seconded by Councilmember Maida. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Meeting with Manager 2. Commissioners Meeting 3. Parking 4. Parking Lot - Watering Hole 5. Typist - Police Department - Civil Defense 6. Settlement Seconded by Councilmember Juker. Ayes - all. E. CONSENT AGENDA Councilmember Anderson moved, seconded by Councilmember Juker, Ayes -all, to approve_ the Consent Agenda Items 1 through 4 as recommended.: 1. Accounts Payable Approved the accounts (Part I, Fees, Services, Expenses, Checks dated April 14, 1983 - $289,100.54) in the amount of $289,100.54. 2. Wage Increase - Part Time Clerk Approved a salary increase of $.55 per hour for Part Time Clerk Jeanne Schadt effect- ive January 1, 1983. 4/25 3.Southwest Ramsey Watershed Management Organization Appointed City Manager Barry Evans to represent Maplewood to serve on a negotiating committee for the Southwest Ramsey Watershed Management Organization. 4. H.R.A. Resignation Resolution No. 83 -4 -55 WHEREAS, Guy Glover became a charter member of the Housing and Redevelopment Authority of Maplewood, Minnesota in April of 1975 and has served faithfully in that capacity to the present time; and WHEREAS, he has freely given of his time and energy without compensation. for the betterment of the City of Maplewood; and WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership and effort in many ways for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maple- wood, Minnesota, and the citizens of the City, that Guy Glover is hereby extended our heartfelt gratitude and appreciation for his dedicated service and we wish him continued success in the future. Mayor Greavu moved to discuss Item H -1 at this time. Seconded by Councilmember Juker. Ayes - all. UNFINISHED BUSINESS 1. Ralph Karczewski - Liquor License a. Mr. Karczewski had requested to appear before the Council to discuss the Council's action to deny his request for a liquor license. Councilman Anderson moved to reconsider the Council's action of April 11, 1983 to deny the liquor icense. Seconded by Mayor Greavu. Ayes - all. c. Councilmember Anderson moved to waive the Rules of Procedure and discuss the item at this meeting. Seconded by Councilmember Juker. Ayes - all. d. Mayor Greavu introduced the following resolution and moved its adoption: 83 -4 -56 NOTICE IS HEREBY GIVEN, that pursuant to action taken by the City Council of the City of Maplewood on April 25, 1983 an On Sale Intoxicating Liquor License was approved for Ralph John Karczewski dba Karczewski's Chicago Deli, Maplewood Mall. The Council proceeded in this matter as outlined under the provisions of the City Ordinances. Seconded by Councilmember Maida. Ayes - all. - 2 - 4/25 F PUBLIC HEARINGS 1. Rezoning: 1887 and 1889 Larpenteur Avenue - 7:00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of James Pientka and Frank and Dorothy Allen to rezone 1887 and 1889 Larpenteur Avenue from R -1 (single dwelling) to BC (Business 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 Les Axdahl presented the following Planning Commission recommendation: "Commissioner Fischer moved the Planning Commission recommend to the City Council approval of the resolution rezoning the two lots to R -1. Commissioner Whitcomb seconded. Ayes -- Commissioners Prew, Barrett; Fischer, Sigmundik, Sletten, Whitcomb." 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 Anderson introduced the following resolution and moved its adoption: 83 -4 -57 WHEREAS, the City of Maplewood initiated a rezoning from BC, business commercial to R -1, residence district (single dwelling) for the following -des- cribed properties: 1. The east 108 feet of the south 233 feet of the southwest 1/4 of the southwest 1/4 of section 14- 29 -22. 2. The west 75 feet of the east 183 feet of the south 233 feet of the southwest 1/4 of the southwest 1/4 of section 14- 29 -22. These properties are also known as 1887 and 1899 Larpenteur Avenue, Maplewood; 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 21, 1983. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on April 25, 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. - 3 - 4/25 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 substanitally injure or detract from the use of neighboring property or from the character of the neighbor- hood, 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. Seconded by Councilmember Juker. Ayes - all. 2. Rezoning: Cope and German 7:15 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the proposed rezoning of the southeast corner of German and Cope from BC ( Business Commercial) to R -1 (Single Dwelling). 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 Whitcomb moved the Planning Commission recommend approval of a zone change resolution to rezone the property located at the southeast corner of German and Cope to R -1 as it would be in conformance with the Land Use Plan and table action on the zone change for the property located north of Cope Avenue, adjacent to German Street, for a period of 6 months to allow the owner to make an alternative proposal for the property. Commissioner Sletten seconded. Ayes- Commissioners Prew, Barrett, Fischer, Sigmundik, Sletten, Whitcomb." d. Mr. Bill Anderson, owner of the property, requested tabling of the rezoning at this time. 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,Juker introduced the following resolution and moved its adoption: WHEREAS, the City of Maplewood initiated a rezoning from B C, business com- mercial to R -1, residence district (single dwelling) for the following described property: The west half of lot one, block one Smith and Taylor's Addition to North St. Paul. WHEREAS, the procedural history of this rezoning is as follows: - 4 - 4/25 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 21, 1983. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on April 25, 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 Plan- ning 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. 4. The current zoning was done previous to adoption of the Comprehensive Plan. Seconded by Councilmember Anderson. Ayes - all. i. Councilmember Juker moved to instruct the Planning C back by May 9, 1983 with recommendation regar rng t e i zone property on t e port side o one at German tree Seconded by Councilmember Anderson. Ayes - all. 3. Rezoning: 1755 Beebe Road 7:30 P. M. ssion to al a. Mayor Greavu convened the meeting for a public hearing regarding the rezoning of 1755 Beebe Road from BC ( Business Commercial) to R -3 (Multiple Dwelling). The Clerk stated the hearing notice was in order and noted the dates of public- ation. 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 rezoning this property to R -3. Commissioner Sletten seconded. Sigmundik, Sletten, Whitcomb." d. Mayor Greavu called for proponents Ayes - Commissioners Prew, Barrett, Fischer, None were heard. - 5 - 4/25 G 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 -4 -59 WHEREAS, the City of Maplewood initiated a rezoning from BC, business com- mercial to R -3, multiple residential for the following described property: the NE 1/4 of the SW 1/4 of the SE 1/4 of section 14 -29 -22 This property is also known as 1755 Beebe Road, Maplewood; WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by the City of Maplewood, pursuant to chapter 36, article VII of the Maplewood Code or Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commission on March 21, 1983. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on April 25, 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 Plan- ning 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 the neighboring property or from the character of the neighbor- hood, 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. Seconded by Councilmember Maida. AWARD OF BIDS None. Ayes - all. H. UNFINISHED BUSINESS 2. Final Plans and Specifications - Crestview Drive iHudson Place a. Manager Evans presented the staff report. - 6 - 4/25 b. Mayor Greavu introduced the following resolution and moved its adoption: WHEREAS, pursuant to resolution passed by the City Council on March 14, 1983, plans and specifications for Crestview Drive -- Hudson Place Water Main Extension, Project No. 82 -19, have been prepared under the direction of the City Engineer, who has presented such plans and specifications to the Council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The adver- tisement shall be published twice, at least three weeks before date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the Council at 10:00 a.m., on the 20th day of May, 1983, at the City Hall and that no bids shall be con- sidered unless sealed and filed with the Clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for 5% of the amount of such bid. 3. The City Clerk and City Engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The Council will consider the bids, and the award of a contract, at the regular City Council meeting of May 23, 1983. Seconded by councilmember Maida. Ayes - all. 3. Cooperative Construction Agreement - TH 61 Frontage Road a. Manager Evans presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 83 -4 -61 BE IT RESOLVED that the City of Maplewood enter into Agreement No. 61375 with the State of Minnesota, Department of Transportation for the following purposes, to -wit: to provide for payment by the State to the City of the State's share of the costs of the frontage road construction to be performed along and adjacent to the east side of Trunk Highway No. 61 (Maplewood Drive) from East Frontage Road Engineer Station 17 +50.5 (Gervais Avenue) to East Frontage Road Engineer Station 50 +40.16 (County Road C) within the corporate City limits under State Project No. 6222 -104 (T.H. 61 =1). BE IT RESOLVED that the proper City Officers are hereby authorized and directed to execute such agreement. Seconded by Councilmember Anderson. Ayes - all - 7 - 4/25 I. NEW BUSINESS Authorization to Sell Bonds and Financial Transfers a. Manager Evans presented the staff report. b. Mayor Greavu moved to approve the financial transfers as follows: 1) $92,500 from the Hydrant Charge Fund to the special Assessment Fund for Project 82 -19, Crestview Drive Water, to finance the unassessed construction costs. 2) $104,540 from the Street Construction State Aid Fund to the Special Assessment Fund for Project 81 -12, Holloway Avenue, to finance the unassessed construction costs. 3) Approzimately $476,280 from various construction accounts in the Special Assessment Fund to various other construction and debt service accounts in the Special Assessmenyt Fund as follows: Minor adjustments will be needed in the above amounts if actual expenditures differ from projections. All of the above transfers relate to the 1980 Temporary Improvement Bonds refinancing. 4) Approximately $90,620 to the debt service account(for the 1982 Temporary Bonds) in the Special Assessment Fund from the following construction accounts in the Special Assessment Fund: $ 9,650 Project 77 -9, From $111,210 Project 78-09, East Shore Drive ater 93,240 Project 78 -10, Hillwood Drive 145,080 Project 78 -24, Beam Avenue West of Highway #61 126,750 Project 81 -04, Adolphus Street Sewer T476'; 28� 81 -06, Diseased Tree Program, 1981 Minor adjustments will be needed in the above amounts if actual expenditures differ from projections. All of the above transfers relate to the 1980 Temporary Improvement Bonds refinancing. 4) Approximately $90,620 to the debt service account(for the 1982 Temporary Bonds) in the Special Assessment Fund from the following construction accounts in the Special Assessment Fund: $ 9,650 Project 77 -9, To $446,000 Debt Service Tccount, 1980 Bonds 620 Project 79 -04, English Street 860 Project 79 -15, Southlawn Avenue 17,170 Project 78 -20, Brookview Drive 11,630 Project 81 -06, Diseased Tree Program, 1981 Minor adjustments will be needed in the above amounts if actual expenditures differ from projections. All of the above transfers relate to the 1980 Temporary Improvement Bonds refinancing. 4) Approximately $90,620 to the debt service account(for the 1982 Temporary Bonds) in the Special Assessment Fund from the following construction accounts in the Special Assessment Fund: $ 9,650 Project 77 -9, Gervais Avenue 5,640 Project 79 -1, Cope Avenue 10,150 Project 80 -10, Highway 61 Frontage Road 65,180 Project 81 -12, Holloway Avenue Minor adjustments will be needed in the above amounts if actual expenditures differ from projections. All of the above transfers relate to the 1982 Temporary Improvement Bonds refinancing. Seconded by Councilmember Maida. Ayes - all. c. Mayor Greavu introduced the following resolution and moved its adoption: - 8 - 4/25 83 -4 -62 RESOLUTION PROVIDING FOR PUBLIC SALE OF $3,055,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1983, SERIES B BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. It is hereby found, determined and declared that this City should issue $3,055,000 Gneeral Obligation Improvement Bonds of 1983, Series B to refund, in part, the outstanding General Obligation Temporary Improvement Bonds of 1982 dated July 1, 1982. 2. This Council shall meet at the time and place specified in the form of notice hereinafter contained for the purpose of opening and considering sealed bids for, and awarding the sale of $3,055,000 General Obligation Improvement Bonds of 1983, Series B of said City. 3, The City Clerk is hereby authoirzed and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper of the City and in Commercial West not less than ten days in advance of date of sale, as provided by law, which notice shall be in substantially the form set forth in Exhibit A attached hereto. 4. The terms and conditions of said bonds and the sale thereof are fully set forth in the "Official Terms of Bond Sale" attached hereto as Exhibit B and incorporated herein by reference. Seconded by Councilmember Maida. Ayes - all. d. Mayor Greavu introduced the following resolution and moved its adopiton: 83 -4 -63 RESOLUTION PROVIDING FOR PUBLIC SALE OF $2,000,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1983, SERIES A BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. It is hereby found, determined and declared that this City should issue $2,000,000 General Obligation Improvement Bonds of 1983, Series A to refund, in part, the outstanding General Obligation Temporary Improvement Bonds of 1980, dated August 1, 1980 and to finance the construction of various improvements in the City. 2. This Council shall meet at the time and place specified in the form of notice hereinafter contained for the purpose of opening and considering sealed bids for, and awarding the sale of $2,000,000 General Obligation Improvement Bonds of 1983, Series A of said City. 3. The City Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper of the City and in Commercial West not.less than ten days in advance of date of sale, as provided by law, which notice shall be in substantially the form set forth in Exhibit A attached hereto. - 9 - 4/25 4. The terms and conditions of said bonds and the sale thereof are fully set forth in the "Official Terms of Bond Sale" attached hereto as Exhibit B and incorporated herein by reference. Seconded by Councilmember Maida. Ayes - all. 2. Joy Park Boat Access Tabled to later in the meeting. 3. Joint Planning Commission /City Council a. Manager Evans presented the staff report. b. Council established a date of May 16, 1983 8:00 P.M. in the Council Chambers for the joint Planning Commission /Council meeting. F. PUBLIC HEARINGS (continued) 4. Rezoning: Goodrich Golf Course 7:45 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the rezoning of Goodrich Golf Course from M -1 (Light Manufacturing) to F (Farm Residence). 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 Sletten moved the Planning Commission recommend to the City Council approval of the resolution rezoning this site from M -1 to F. Commissioner Barrett seconded. Ayes - Commissioners Prew, Barrett, Fischer, Sigmundik, Sletten, Whitcomb. 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 Anderson introduced the following resolution and moved its adoption: 83 -4 -64 WHEREAS, the Maplewood City Council initiated a rezoning from N -1, light manufacturing district for that part of the north half of the northeast quarter of section 14- 29 -22, south of the centerline of the Soo Line Railroad right - of -way, except for the following described unplatted parcel: Subject to avenue and except south 334 24/100 feet of the east 263 59/100 feet more or less as in Document 1526310 of part of N E 1/4 of NW 1/4, souther- ly of the Soo Line,RR right -of -way in section 14- 29 -22. The area rezoned is part of the land commonly known as Goodrich Golf Course. - 10 - 4/25 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 21, 1983. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on April 25, 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 Plan- ning 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 the neighboring property or from the character of the neighbor- hood, 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. Seconded by Councilmember Maida. Ayes - all. I. NEW BUSINESS (continued) 4. Don. Valento - Port Authority a. Manager Evans presented a letter from Representative Don J. Valento suggesting Maplewood study the possibility of having port authority legislation. b. Council directed the Manager to indicate Maplewood's interest. J. VISITOR PRESENTATION 1. Harry Otto - 1195 Junction a. Mr. Otto requested the City remove the steep slope by the culvert in front of his property. b. Staff will investigate and report back by May 9, 1983. K. COUNCIL PRESENTATIONS 1. Meeting with Manager a. Council will meet with Manager on May 11, 1983 at 7:00 a.m. at Chesters. r. PUBLIC HEARINGS (continued) - 11 - 4/25 5. Rezoning: 1902 E. County Road B - Public works Facility 8:00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the rezoning of the property at 1902 E. County Road B from M -1 (Light Manufacturing) to BC (Business Commercial)., The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. c. Chiarman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Whitcomb moved the Planning Commission recommend to the City Council approval of the resolution rezoning this site to F. Commissioner Fischer seconded. Ayes - Commissioners Prew, Barrett, Fischer, Sigmundik, Sletten, Whitcomb." 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 Maida introduced the following resolution and moved its adoption: 83 -4 -65 WHEREAS, the Maplewood City Council initiated a rezoning from M -1, light manufacturing and BC, business commercial to F, farm residence for the following described properties: 1. Except the north 333 feet and except the west 433 feet and except the south 183 feet of the west 633 feet; part, lying northwesterly of the Soo Line railroad right -of -way, of the northwest quarter of the northwest quarter (subject to easements) in Section 14, township 29, range 22. 2. Part northwesterly of the Soo Line railroad right -of -way described as follows: except the east 196 feet of the north 283 feet; the west 256 feet of the northeasterly quarter of the northwesterly quarter and part lying east of the west 256 feet of the north 300 feet of the west 10.55 acres of part of said 1/4 1/4 in section 14, township 29, range 22. WHEREAS, the procedural history of this rezoning is as follows: 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 21, 1983. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on April 25, 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. - 12 - 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. Seconded by Councilmember Anderson. Ayes - all. K. COUNCIL PRESENTATIONS (continued) 2. Commissioners Meeting a. Council established a meeting May 5, 1983 at 6:00 P.M. to review the commission applications and conduct interviews. 3. Parking a. Councilmember Juker moved that the sign "Municipal Parking" on the north side be removed and place on t e west parking of an a so t at t e ast row of the west paring lot be open-for employees to park. Seconded by Councilmember Anderson. Ayes - all. 4. Parking Lot - Watering Hole a. Councilmember Anderson moved that staff be instructed to remedy the water problem in the west parking lot. Seconded by Councilmember Juker. Ayes - all. 5. Typist - Police Department - Civil Defense a. Mayor Greavu stated that the Civil Defense and Police Department have a part time Clerk Typist. More hours are needed and he requested approval of hiring the part time Clerk Typist for full time. b. Mayor Greavu moved to approve the expansion of the part time civil defense- police department position to fuTT time and that the appropriate budget transfe Seconded by Councilmember Anderson. Ayes - all. 6. Settlement a. Manager Evans presented the Attorney's report. b. Councilmember Juker moved to authorize the payment of $15,000.00 to Patricia Y. Ferrazzo and her attorney and authorized e proper city utticer to execute e agreement or release of claims. - 13 - 4125 Seconded by Councilmember Maida. Ayes - all. F. PUBLIC HEARINGS (continued) 6. Variance: 2483 Highway 61 (Zuercher Well Drilling) 8:15 P.M. 7 a. Mayor Greavu convened the meeting for a public hearing regarding a request of Zuercher Well Drilling for a variance to construct a 30 x 40 foot metal pole building for use as a storage garage. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. c. The following Community Deisgn Review Board recommendation was presented: "Board Member Folley moved the Board recommend to the City Council approval of a variance for the construction of a metal pole building at Zuercher Well Drilling, 2483 Highway 61, based on the findings that: 1. The variance would meet the spirit and intent of the ordinance since the proposed building would be concealed behind the existing buildings and not in view from the highway. 2. The proposed building would be compatible with the area and would not impact adjacent development. Board Member Hedlund seconded. Ayes all." d. Mr. Andy Zuercher, Zuercher Well Drilling, 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 Juker moved to table the request for the variance for further information and direct staff to prepare an amendment to the ordinance regar ing metal and pole-Buildings. Seconded by Councilmember Maida. Ayes - all. Variance: 1279 Ripley - Preissner 8:30 a. Mayor Greavu convened the meeting for a public hearing regarding the request of Mr. James Preissner for approval of lot area and frontage variances to create two substandard lots at 1279 Ripley Avenue. The Clerk stated the notice of hearing was in order and noted the dates of publication. b. Manager Evans presented the staff report. c. Chiarman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Fischer moved the Planning Commission recommend to the City Council of the resolution approving lot frontage and area variances for 1279 Ripley, subject to: 1. Proof by land survey that the existing structure will be five feet or more - 14 - 4/25 from the proposed split line. 2. A deed restriction shall be recorded to run with the westerly lot, stating that "prior to the issuance of a building permit, a drainage plan must be approved by the eiaplewood City Engineer." Commissioner Ellefson seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson, Fischer, Pellish, Prew, Sigmundik, Whitcomb." d. Mr. James Preissner, the applicant, spore on behalf of the request. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. The following were heard: Mr. Ron Peterson, 1263 Ripley Avenue (presented a petition signed by the area residents against the variances) Mr. George Rettner, 1280 Ripley Avenue Mr. Harold Lund, 1285 Ripley Avenue Mr. John La Forte, 1274 Ripley Avenue. g. Mayor Greavu closed the public hearing. h. Councilmember Anderson moved to deny the variances as requested by Mr. James Preissner based on the r "ollowino reasons: Approval of the variances would: Create drainage problems; Hardship to other low lying lots; Change character of neighborhood. Seconded by Councilmember Juker. Ayes - all. 8. Rezoning: Gervais Avenue West of White Bear Avenue 8:45 P.Pi. a. Mayor Greavu convened the meeting for a public hearing regarding the rezoning of the Lecon Properties north and south of Gervais Avenue and west of White Bear Avenue from L BC (Limited Business Commercial) to R -3 (Multiple Dwellings). 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 Pellish moved the Planning Commission recommend to the City Council approval of the resolution rezoning the site from LBC to R -3. Commissioner Ellefson seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson, Fischer, Pellish, Prew, Sigmundik, Whitcomb." d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. The following were heard: Mr. Harold Ciccarelli, 2576Southlawn Avenue Mr. Orville Anderson, 2561 Bittersweet Lane - 15 - 4/25 Mr. Ms. Mr. Mr. Mr. Mr. Mr. Mr. Bill Burns, 2527 Bittersweet Lane Jenny Schnaith, 2555 Bittersweet Lane Joe Zappa, 2522 Flandrau Street David Peqslee, 2597 Southlawn Avenue Don Larson, 2554 Bittersweet Lane Jim Jackson, 2535 Bittersweet Lane Peter Zetterberg, 2542 Bittersweet Lane John Snyder, 2574 Bittersweet Lane. f. Mayor Greavu closed the public hearing. g. Councilmember Anderson moved to deny the rezoning and direct the Planning Commission to amend the Lan se an. Seconded by Councilmember Maida. Ayes - all. 9. Assessment Objections: Improvement 80 -10 T.H. 61 Frontage Road 9:00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding assessment objections for Improvement 80 -10 T.H. 61 Frontage Road. b. Manager Evans presented the staff report. c. City Attorney Pat Kelly explained the procedures of the assessment objections. d. Parcel 57 34700 130 11 John Matson Councilmember Anderson moved no change in the assessment. Seconded by Mayor Greavu. Ayes - all. e. Parcel 57 34700 100 11 Ralph J. Munchow Councilmember Anderson moved to reduce the assessment for storm sewer for parcel 57 34700 100 11, Ralph J. Munchow, 1210 E. County Road to inst— .a Seconded by Mayor Greavu. Ayes - all. f. Parcel 57 34700 010 15 57 34700 C20 16 57 34700 010 17 57 34700 010 18 Flora and Robert Miggler, 2444 Highway 61 No action taken. g. Mayor Greavu closed the-public hearing. L. NEW BUSINESS 1. Joy Park Boat Access a. Mr. Larry Holmberg, Ramsey County Project Engineer, presented the staff report. b. Councilmember Maid.a moved to approve the construction of a boat ramp for - 16 - 4/25 Silver Lake in Joy Park with a stipulation that there be a limit of 5 H.P. Seconded by Mayor Greavu. M. ADJOURNMENT 10:13 P.M. Ayes - Mayor Greavu, Councilmembers Anderson, and Maida. Nays - Councilmember Juker - 17 - 4/25