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HomeMy WebLinkAbout05.23.83MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, May 23, 1983 Council Chambers, Municipal Building Meeting No. 83 -13 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 7:03 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Norman G. Anderson, Councilmember Gary W. Bastian, Councilmember Frances L. Juker, Councilmember MaryLee Maida, Councilmember C. APPROVAL OF MINUTES 1. Minutes No. 83 -06 March 14, 1983 Present Present Present Present Present Councilmember Juker moved to approve_ the Minutes of Meeting No. 83 -06 (March 14, 1983) as corrected. Seconded by Councilmember Bastian. Ayes - all. 2. Minutes No. 38 -08 April 11, 1983 Councilmember Juker moved to approve the Minutes of Meeting No. 83 -08 (April 11, 1983) as corrected. Seconded by Councilmember Bastian. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. H.R.A. 2. Walter and Fenton 3. Street Code 4. McKnight, Burns, Hudson Place - Lights 5. Bike Ordinance Seconded by Councilmember Bastian. Ayes - all. E. CONSENT AGENDA Councilmember Anderson moved, seconded by Councilmember Juker, Ayes - all, to approve the Consent Agenda Items 1 through 5 as recommended: 1. Accounts Payable Approved the accounts (Part I, Check Register dated May 11, 1983 and May 12, 1983 - $337,495.66; Part II - Payroll - pay period ending April 29, 1983 - $54,718.54) - 1 - 5/23 in the amount of $392,214.20. 2. Home Occupation: 2125 White Bear Avenue Approved the renewal of the home occupation for a beauty shop at 2125 White Bear Avenue subject to the following conditions: 1. The permit shall be reviewed by the city council in five years. 2. The applicant shall keep the existing fire extinguisher in the salon area. 3. On- street parking by customers shall be discouraged. 4. No expansion of the permit in any way shall occur without the approval of the city council. 5. Operation be limited to two chairs. 6. The applicant shall obtain an annual home occupation license from the City Clerk. 3. Final Plat - Gonzalez Addition Approved the Gonzalez Addition final plat consisting of 5 single dwelling lots at the southeast corner of County Road C and Keller Parkway, subject to the corners of each lot being monumented by land survey prior to issuance of any building permits. 4. Joint Use Rental Agreement Approved the Joint Use Agreement No. 150 between the Metropolitan Waste Control Commission and Maplewood for a 5 year period from January 1, 1983 to December 31, 1987. 5. Conditional Use Permit Renewal - St. Johns Approved the renewal of the conditional use permit for a 290 bed hospital and related medical facilities for Health Resources Center Inc /St. John's, subject to review by Council in five years. F. PUBLIC HEARINGS 1. Plan Amendment: White Bear Avenue, South of County Road B - 7:00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding an amendment to the Land Use Plan from RM (residential medium density) and LSC (Limited Service Commercial) to BW (Business Warehouse) for the east side of White Bear Avenue south of County Road B. b. Manager Evans presented the staff report. c. Commissioner Lorraine Fischer presented thefollowing Planning Commission recommendation: "Commissioner Hejny moved the Planning Commission recommend to the City Council approval of the resolution revising the land use plan to comply with the present zoning of the property,'such as SC. Commissioner Prew seconded. - 2 - 5/23 The Commission discussed what land use category would be most compatible with the zoning. Voting on the motion: Ayes - Commissioners Axdahl, Barrett, Fischer, Hejny, Sigmundik, Sletten. Nays - Commissioner Prew." d. Mr. Richard Pearson, 1959 White Bear Avenue, owner of the property, stated he would like the BC zoning to remain and that the Land Use Plan be amended to conform. 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 Bastian moved to continue the item until the June 13, 1983 meeting for further review. Seconded by Councilmember Juker. Ayes - all. 2. Rezoning: White Bear Avenue, South of County Road B 7:00 P.M. a. Councilmember Bastian moved to table Item F -2 until the June 13, 1983 meeti Seconded by Councilmember Juker. Ayes - all. 3. Conditional Use Permit: 1564 Grandview 7:15 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding approval of a conditional use permit to operate a tool sharpening service as a home occupation at 1564 E. Grandview Avenue. The applicant is David S. Suby. b. Manager Evans presented the staff report. c. Commissioner Lorraine Fischer presented the following Planning Commission recommendation: "Commissioner Sletten moved the Planning Commission recommend approval of the resolution, authorizing David Suby to operate a tool sharpening service as a home occupation 1564 Grandview, subject to obtaining a license each January. Commissioner Barrett seconded. Ayes - Commissioners Axdahl, Barrett, Fischer, Hejny, Prew, Sigmundik, Sletten." d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Mayor Greavu introduced the following resolution and moved its adoption: 83 -5 -77 WHEREAS, David Suby requested a conditional use permit to operate a tool sharpening business as a home occupation at the following described property: - 3 - 5/23 Lot 5, Block 2, Kroiss Addition, Section 10, Township 29, Range 22 This property is also known as 1564 Grandview Avenue, Maplewood; WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit request was initiated by David Suby, pursuant to the Maplewood Code of Ordinances. 2. This conditional use permit request was reviewed by the Maplewood Planning Commission on April 18, 1983. The Planning Commission recommended to the City Council that said request be approved. 3. The Maplewood City Council held a public hearing on May 23, 1983, to consider this conditional use permit request. 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 conditional use permit be approved on the basis of the following find- ings of fact: 1. The proposal would be consistent with all of the requirements for authorization of a home occupation. 2. The use would be consistent with all applicable requirements for issuance of a conditional use permit. 3. Approval is subject to obtaining a license each January. Seconded by Councilmember Juker. Ayes - all. G. AWARD OF BIDS 1. Pick Up Trucks a. Manager Evans presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 83 -5 -78 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Merit Chevrolet in the amount of $24,866.22 is the lowest responsible bid for the furnishing of three (3) half ton pick -up trucks, and the Mayor and Clerk are hereby authorized and di- rected to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilmember Maida. Ayes - all. 2. Frost Avenue Reconstruction (Concurrence) a. Manager Evans presented the staff report. b. Councilmember Anderson introduced the following resolution and moved its adoption: - 4 - 5/23 83 -5 -79 WHEREAS, the City of Maplewood has entered into an agreement with Ramsey County for the reconstruction of Frost Avenue from Birmingham Street to White Bear Avenue,Project No.82 -9, S.A.P. 62- 628 -03; and WHEREAS, the County will perform the engineering and administrative manage- ment of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, that the bid of Forest Lake Contracting, Inc. in the amount of $847,188.86 is the lowest responsible bid for the construction of Project 82 -9- S.A.P. 62- 628 -03 and the City of Maplewood concurs with Ramsey County's award of bid. Seconded by Councilmember Bastian. Ayes - all. F. PUBLIC HEARINGS (continued) 4. Rezoning: Sherren, Barclay and Cope Avenue a. Mayor Greavu convened the meeting for a public hearing regarding rezoning the lots abutting Sherren Avenue and Barclay Street and the north side of Cope Avenue from BC (Business - Commercial) to P. -1 (Single Dwelling). b. Manager Evans presented the staff report. c. Commissioner Fischer presented the following Planning Commission recommendation: "Commissioner Fischer moved the Planning Commission recommend to the City Council approval of the resolutions rezoning the lots abutting Sherren Avenue, Barclay Street and the north side of Cope Avenue to P. -1, except for a rezoning to F for 2291 Hazelwood Avenue. Commissioner Barrett seconded. Ayes - Commissioners Axdahl, Barrett, Fischer, Hejny, Prew, Sigmundik, Sletten." d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Councilmember Juker introduced the following resolution and moved its adoption: -0 WHEREAS, the City Council initiated a rezoning from BC, business commercial to R -1, residence district (single dwelling) for an area bounded by the center- line of Highway 36, Cope Avenue, Hazelwood Avenue and Sherren Avenue, the east line of lots one and 20, block two, Moritz Addition and the east line of the east 39 acres of the north half of the southwest quarter of Section 10, Township 29, Range 22. This area includes the following parcels: 1. Unplatted land, subject to streets, described as the west 137 feet of the south 150 feet of the east 39 acres of the north half of the south- west quarter of Section 10, Township 29, Range 22. - 5 - 5/23 2. Unplatted land described as the west 137 feet of the north 90 feet of the south 330 feet of the east 39 acres of the north half of the south- west quarter of Section 10, Township 29, Range 22. 3. Unplatted land described as the west 137 feet of the north 90 feet of the south 240 feet of the east 39 acres of the north half of the east 39 acres of the north'"haTf of the southwest quarter of Section 10, Town - ship 29, Range 22. 4. Blocks one and two, Moritz Addition. WHEREAS, the procedural history of the 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 April 18, 1983. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on May 23, 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. Seconded by Councilmember Anderson. Ayes - all. Councilmember Joker introduced the following resolution and moved its adoption: WHEREAS, the City Council initiated a rezoning from BC, business commercial to P. -1, residential district (single dwelling) for an area bounded by the center- lines of Sherren Avenue, Hazelwood Avenue and Cope Avenue, and the east line of lots one and 20, block two, Moritz Addition. This area includes the following parcel: An unplatted parcel described as the south 280 feet of the east 288 feet of the northeast quarter of the southwest quarter (subject to roads) in Section 10, Township 29, Range 22- commonly known as 2291 Hazelwood Avenue. - 6 - 5/23 WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by the City Council, pursuant to Chapter 36, Article VII of the Mapldwood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commission on April 18, 1983. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on May 23, 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. Seconded by Councilmember Anderson. Ayes - all. H. UNFINISHED BUSINESS 1. Ordinance to Abolish Insurance Committee (2nd Reading) a. Manager Evans presneted the staff report. b. Mayor Greavu introduced the following ordinance and moved its ad ORDINANCE NO. 540 AN ORDINANCE REPEALING SECTION F OF THE MAPLEWOOD CODE RELATING TO THE INSURANCE COMMITTEE THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: on: Section 1. This ordinance does hereby repeal Sections 2 -96 through 2 -101 of the Maplewood Code. Section 2. This ordinance shall take effect and be in force from and after its passage and publication. Seconded by Councilmember Bastian. Ayes - all. F. PUBLIC HEARINGS (continued) - 7 - 5/23 5. Rezoning: 2300 -10 Hazelwood Avenue a. Mayor Greavu convened the meeting for a public hearing regarding the rezoning of 2300 and 2310 Hazelwood Avenue from BC (Business- Commercial) to BC(M) ( Bus- iness Commercial Modified). b. Manager Evans presented the staff report. c. Commissioner Lorraine Fischer presented the following Planning Commission recommendation: "Commissioner Lorraine Fischer presented the following Planning Commission recommendation: "Commissioner Fischer moved the Planning Commission recommend to the City Council approval of the resolution rezoning 2300 and 2310 Hazelwood Avenue from BC to BC(M). Commissioner Barrett seconded. Ayes - Commissioners Fischer, Barrett, Sigmundik. Nays - Commissioners Axdahl, Prew, Sletten, Hejny. Motion fails. Commissioner Prew moved the Planning Commission recommend the City leave the zoning on this property as is, BC. Commissioner Sletten seconded. Ayes - Commissioners Axdahl, Prew, Sletten Hejny. Nays - Commissioners Fischer, Barrett, Sigmundik." d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. The following were heard: Mr. Philip James, 2300 Hazelwood Avenue. f. Mayor Greavu closed the public hearing. g. Councilmember Anderson moved that the rezoning of 2300 and 2310 Hazelwood Avenue from BC to BCM to denied. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Bastian, Juker and Maida. Nays - Councilmember Juker. H. UNFINISHED BUSINESS (continued) 3. Code Amendment: Metal Buildings (2nd Reading) a. Manager Evans presented the staff report. b. Councilmember Bastian introduced the followinq ordinance and moved its adoption: - 8 - 5/23 ORDINANCE NO. 541 AN ORDINANCE AMENDMENT REGULATING THE REVIEW OF METAL POLE BUILDINGS The City Council of the City of Maplewood does hereby ordain as follows: Section 1. Section 202.240 of the Maplewood Code is hereby added to read as follows: 202.240 SPECIAL AREAS 1. It shall be Unlawful to erect a metal building in the City of Maplewood which is of a design commonly referred to as a "metal pole building ", "pole barn" or "agri- building ", unless such building would be located in a F, Farm Residence District or unless such building is a metal storage building commonly used as a back yard storage shed. Should any dispute arise over the classification of a proposed metal building, the Director of Community Development shall determine whether the proposed metal building fits into the "metal pole building" category. Appeals of the Director's decision shall be made to the City Council for a determination of building type. 2. Buildings having metal exteriors, but not being of the typical pole building design, may only be allowed in areas zoned F, Farm Residence, BC, Business Commercial, M -1, Light Manufacturing and 1,1-2, Heavy manufacturing. Special architectural design and nonmetal decorative modifications may be required to assure compatibility with community development. 3. The City Council may hear requests for variances from the literal provisions of this ordinance in instances where its strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance. "Undue hardship" is used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under the conditions allowed by the official controls. The plight of the landowner is due to circumstances unique to his property, not created by the landowner and variance from the ordinance, if granted, will not alter the essential character of the locality. Section 2. This ordinance shall take effect and be in force after its passage and publication. Seconded by Councilmember Paida. Ayes - all. F. PUBLIC HEARINGS (continued) 6. Rezoning: Cope, Highway 36 and German Street a. Mayor Greavu convened the meeting for a public hearing regarding the rezoning of the property on the north side of Cope Avenue from German Street and Castle Avenue from B -C (Business Commercial) to R -1 (single dwelling). b. Manager Evans presented the staff report. c. Mayor Greavu moved to table the proposed rezoning of the property on Cope Avenue until such time as a P an Amen ment is consi ere . Seconded by Councilmember Maida. Ayes - all. - 9 - 5/23 H. UNFINISHED BUSINESS (continued) 2. PUD Amendment: Maryland and Ferndale a. Manager Evans presented the staff report. b. Mr. Ken Gervais, Castle Design, stated Mr.Oman, who spoke against the proposal at the last meeting, called and stated he is no longer opposed to the PUD amendment. c. Councilmember Bastian moved to approve the PUD amendment with a change in condition No. 7. Motion failed for lack of a second. d. Councilmember Maida introduced the following resolution and moved its adoption: 83 -5 -82 WHEREAS, Castle Design and Development Co., Inc. initiated proceedings before the City Council to amend the special use permit for a planned unit development (PUD) covering the following- described property: That part of the NW 1/4 of the SE 1/4 lying southeasterly of a line from the northeast corner of said NW 1/4 of the SE 1/4 to a point on the west line of said NW 1/4 of the SE 1/4 and 450 feet south of the original C. St. P.M. & 0. Ry. right of way; also the SW 1/4 of the SE 1/4; all in Section 24, Township 29, Range 22, Ramsey County, Minnesota, subject to Maryland Avenue; said property being located generally north of Maryland Avenue and west of Fern - dale Street. WHEREAS, the procedural history of this PUD amendment is as follows: 1. This conditional use permit amendment was initiated by Castle Design and Development Company, Inc. pursuant to the Maplewood Code of Ordinances. 2. This conditional use permit was reviewed by the Maplewood Planning Commission on May 2, 1983. The Planning Commission recommended to the City Council that said permit be denied. 3. The Maplewood City Council held a public hearing on May 9, 1983 to consider his PUD amendment. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opporutnity 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 condition one of the 1973 PUD be revised as follows: 1. The site plan approved in 1973 shall be revised to resite the 110 units from along the northerly boundary of the PUD to the north side of Maryland Avenue. The plan dated April 27, 1983 shall be the specific development plan north of Maryland Avenue, subject to design review baord approval. Any changes that result in an increase in density or change in building type or site plan shall require a public hearing and approval by the City Council. Approval of the plan north of Maryland Avenue is subject to the following conditions: - 10 - 5/23 a. The two existing parcels shall be combined into one parcel. b. All common areas shall be maintained by a homeowners' association. The city attorney must approve all rules and by- ,laws. Any changes affecting the common areas shall require prior city council approval. c. The City Council must order a feasibility study for the water main on McKnight Road and the elevated storage prior to construction of phases three and four of the proposal. d. The City Council must order a public improvement for the ponding and storm water outlet system to Beaver Lake prior to construction of phases three and four of this proposal. e. Dedication of 33 feet of right -of -way for Maryland Avenue. f. Grading on the north part of the property shall not affect the city property called "Jim's Prairie." g. The developer shall make available to the City an area suitable for a neighborhood park as indicated in the Maplewood Comprehensive Plan. Location and size to be agreed upon by the developer and the Director of Community Services. If purchase is necessary, the City will follow its procedures for establishing the value of the land. Any costs of appraisals or other expenses shall be paid by the developer. Approval is based on the following findings of fact: 1. Storm water drainage and ponding together with city water and sanitary sewer facilities providing for the public health, safety and welfare are adequately addressed by the above conditions. 2. Marylake Road is not required to be constructed as a result of the revised PUD resulting in a financial benefit to the City. 3. While there may be an increase in local traffic over the 1977 plan, the overall impact on the neighborhood will be less, since Maryland Avenue and Ferndale Street have been put through since 1977. This allows a better dispersion of traffic. 4. Maryland Avenue and Ferndale Street are designed to adequately handle this local traffic. They are designated as major and minor collectors, respectively, on the city's land use plan. 5. There are only two more units proposed than were approved in the 1973 PUD and only sixteen more than the 1977 plan. Significant areas of open space will be retained for environmental protection and aesthetics. This would be an improvement over the 1977 plan in that no grading would be required for a golf course. 6. The change proposed to the PUD through the amended special use permit enhance and promote the public's health, safety and welfare. - 11 - 5/23 7. An environmental assessment worksheet is not necessary, based upon comparing the number and type of units, overall density, sizes and locations of struct- ures, impervious surface areas, traffic, utilities, drainage, roads and surrounding development_ The City Council finds that the differences are not significant between the current and 1977 projects that affect the environ- ment. 8. Unstable, peaty soils are prevalent across the midsection of the property making access and utility service difficult to the northern area. 9. The current proposal is consistent with the City's Comprehensive Plan. The proposed density would be less than allowed by the plan. Seconded by Mayor Greavu. Ayes - Mayor Greavu; Councilmembers Anderson, Juker and Maida. Nays - Councilmember Bastian. 4. Variance: 2483 Highway 61 (Al Zuercher) a. Manager Evans stated this item had been tabled until the ordinance on Metal Buildings was approved. The ordinance was approved for second reading at tonight's meeting. b. The following Community Design Review Board recommendation was given: "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." c. Mr. Andy Zuercher, 2483 Highway 61, spoke on behalf of the request. d. Mayor Greavu introduced the following resolution and moved its adoption: 83 -5 -83 WHEREAS, Zuercher Well Drilling initiated a variance request to erect a metal pole building in a M -1, Light Manufacturing District for the following described property: Lot 3, except STH 61 -1 and except the north 85 feet of Lot 3, W.H. Howards Garden Lots. This property is also known as 2483 Highway 61, Maplewood; WHEREAS, the procedural history of this variance request is as follows: 1. This variance request was initiated by Zuercher Well Drilling, pursuant to chapter 25, article III of the Maplewood Code of Ordinances. - 12 - 5/23 5 1i 2. This variance request was reviewed by the Maplewood Community Design Review Board on March 22, 1983. The Board recommended to the City Council that said variance request be approved. 3. The Maplewood City Council held a public hearing on May 23, 1983 to consider this variance request. 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 the Board. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above described variance request be approved on the basis of the following findings of fact: 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. Seconded by Councilmember Maida. National Fire Code (Second. Reading) a. Manager Evans presented the staff report. Ayes all. b. Councilmember Bastian introduced the following ordinance and moved its adoption: ORDINANCE NO. 542 AN ORDINANCE AMENDMENT CONCERNING ADOPTION OF NATIONAL FIRE CODES THE CITY COUNCIL OF THE CITY OF MPALEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 12 -51 fo the Maplewood Code of Ordinances hereby amended to read as follows: There is hereby adopted by the City, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, all of those certain codes, standards, recommended practices and manuals contained in and set out in Volumes 1 through 16, inclusive, of the National Fire Codes published in 1983 by the National Fire Protection Association, and the provisions of same are hereby incorporated herein and made a part of this article by refer- ence as completely and to the same extent as if set out at length in this article. ( Code 1965 S 1703.010; Ord. No. 265, §1, 4 -2 -70, Ord. No. 327, §1, 7- 20 -72, Ord. No. 410, §l,'1- 27 -77) " 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 Piaida. Ayes - all. Budget Change: Water shed Assessment a. Manager Evans proposed that a $34,310 budget transfer from the contingency - 13 - 5/23 account be approved to finance the 1983 installment on the special assessments levied by the Ramsey - Washington Metro Watershed District for the Battle Creek improvements. b. Mayor Greavu moved to authorize a $34,310 aencv account be aonrove to inance t e 3 e Seconded by Councilmember Anderson. F. PUBLIC HEARINGS (continued) S. 7. Preliminary Plat: Bennington Woods - 8:00 P.M. transfer from the contin- Ayes - all. a. Mayor Greavu convened the meeting for a public hearing regarding preliminary plat approval for Bennington Woods located on Larpenteur Avenue West of Parkway Drive. b. Manager Evans presented the staff report. c. Mr. Dave Briggs, Vice President of Woodmark, Inc., answered questions asked by the Council. 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 Juker moved to approve the Bennington Woods Preliminary Plat subject to the following conditions: 1. City attorney approval of the declaration and bylaws for the condominium. These documents shall include langauage which: a. Will guarantee that only one homeowners' association will be responsible for the maintenance of the driveways and other common areas. b. Will require City Council approval of any changes to the bylaws or de- claration wli ch'effect the maintenance of the common areas or driveways. 2. Lots nine through twelve shall be designated as "unbuildable parcels" in the declaration for the condominium homeowners' association document and deeds for the individual properties. 3. The final plat shall contain utility easements, as directed by the City Engineer. 4. The developer shall be responsible for the drainage, erosion control, site grading and landscaping of the lots remaining under his control. If lots are not developed and not transferred to the home owners association, the developer shall prepare plans and submit them to the City Engineer for approval. Seconded by Councilmember Anderson. Ayes - all. 8. Variance: Dieter Street Moe 8:15 P.M. - 14 - 5/23 a. Mayor Greavu convened the meeting for a public hearing regarding approval of lot area, lot frontage and lot width variance to construct a single dwelling on an existing forty foot wide interior lot, 5000 square feet in area for Lot 21, Block 31, Gladstone Plat 2 as requested by Mr. Harlan Moe and Mr. Gordon Hedlund. b. Manager Evans presented the staff report. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Pellish moved the Planning Commission recommend the City Council approve the resolution denying the requested lot area, width and area variances on the basis: 1. Development of this lot would be inconsistent with the intent of the zoning code, resulting in a dwelling out -of- character with existing neighborhood development. 2. Approval would be inconsistent with the previous denials of similar requests. 3. Neighborhood density would further exceed the allowable maximum. 4. Strict enforcement would not cause an undue hardship unique to the individual lot in question. 5. The present owner purchased this tax - forfeited property in 1982. The require- ments from which a variance is required have been in effect since the 1960's. Any hardship incurred would be self imposed. Commissioner Whitcomb seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Pellish, Prew, Sigmundik, Whitcomb." d. Mr. Gordon Hedlund, owner of the property, spoke on behalf of the proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. The following were heard: Occupant from 1950 Dieter Street. g. Mayor Greavu closed the public hearing. h. Councilmember Juker introduced the followinq resolution and moved its adoption: WHEREAS, a lot area, width and frontage variance request has been initiated by Harlan Moe to construct a- single dwelling on a 40 x 125 foot lot described as follows: Lot 21, Block 31, Gladstone Plat 2, Section 15, Township 29, Range 22 WHEREAS, the procedural history of this variance request is as follows: 1. That a variance request has been initiated by Harlan Moe, pursuant to. Chapters 30 and 36 of the Maplewood Code and Section 462.357(g) of State Statute; - 15 - 5/23 2. That said variance request was referred to and reviewed by the Maplewood City Planning Commission on the day of 1983, at which time said Planning Commission recommended to the City Council that said var- iance be denied; 3. That the Maplewood City Council held a public hearing to consider the variance 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 Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA that the above described variance be denied on the basis of the following findings of fact: 1. Development of this lot would be inconsistent with the intent of the zoning code, resulting in a dwelling out of character with existing neighborhood debelopment. 2. Approval would be inconsistent with the previous denials of similar requests. 3. Neighborhood density would further exceed the allowable maximum. 4. Strict enforcement would not cause an undue hardship unique to the in- dividual lot in question. 5. The present owner purchased this tax forfeited property in 1982. The requirements from which a variance is required have been in effect since the 1960's. Any hardship incurred would be self - imposed. Seconded by Councilmember Maida. Ayes - Councilmembers Anderson, Bastian, Juker and Maida. Nays - Mayor Greavu. Councilmember Bastian moved to table Item H -7 until the end of the Agenda. Seconded by Mayor Greavu. Ayes - all. I. NEW BUSINESS 1. Plan Amendment: 2075 Prosperity Road - Mo -Tech Corporation a. Manager Evans presented the staff report. b. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Fischer moved the Planning Commission recommend that the City Council approve the resolution revising the Land Use Plan from RL, lower density residential to BW, business warehousing for 2075 Prosperity Road and amend the acreage chart on page 19 -3 of the Land Use Plan to reflect the change from RL to BW. Commissioner Whitcomb seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Pellish, Prew, Sigmundik, Whitcomb." - 16 - 5/23 c. Mr. Richard Hessey, owner of the Mo -Tech Corporation, stated he is in favor of the plan amendment to Business- Warehouse. d. Councilmember Anderson introduced the following resolution and moved its adoption: 83 -5 -85 WHEREAS, a proceedings for the amendment of the Maplewood Comprehensive Municipal Plan entitled "Plan for Maplewood" has been initiated by City of Maple- wood for a change of Planned Use from RL, lower density residential to B W, bus- iness warehousing for the following generally described area: Commencing at a point 139.9 feet east of west line and 151.6 feet south of north line of lot 3d thence south 92.32 feet to beginning thence sou�h- east at and to line 81 , 38 mn 25 sec. 138.38 feet thence ang right 12 20 min. 84 feet to west line of road thence southwesterly on said westerly 125.58 feet to southeast corner lot 3 thence westerly on southerly said lot 142.5 feet of east line of west 139.9 feet of said lot thence north to beginning (subject to 66 feet easement), all in lot 3, block 7, Sabin Garden Lots, Section 15, 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 462.351 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 2nd day of May, 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, con- sidered all written and staff reports and analysis. WHEREAS, the Maplewood City Planning Commission having considered the testi- mony 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. The proposed change would not have any adverse effect on the Comprehensive Plan. 2. The proposed designation would be compatible with adjacent land uses. 3. The change recognizes that the existing use and zoning are compatible with the site. Seconded by Councilmember Bastian. Ayes - all. - 17 - 5/23 2. Code Amendment: Appendix E - Sprinklers a. Manager Evans presented staff report. b. Parkside Fire Chief Thor Bodsgard and East County Line Fire Chief Duane Williams answered questions asked by the Council. c. Councilmember Bastian moved first reading of an ordinance pertaining to an amendment regarding Appen ix E -Sprin ers. Seconded by Councilmember Juker. Ayes - all. d. Councilmember Bastian moved to suspend the Rules of Procedures and hear second readinq at this time. Seconded by Mayor Greavu. Ayes - all. e. Councilmember Bastian introduced the following ordinance and moved its ORDINANCE NO. 543 AN ORDINANCE AMENDING SECTION NINE OF THE MAPLEWOOD CODE RELATING TO SPRINKLERS THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 9 -22 of the Maplewood Code is hereby amended to read as follows : Section 9 -22. Procedures and administration. As provided by the state building code, the following appendices of the state building code are hereby adopted by reference: Appendix A- -Fall Out Shelters Appendix B -- Variations in Snow loads 1982 Uniform Building Code Appendix Chapter 35 Minnesota Plumbing Code Appendix B State Building Code Appendix C -- Abbreviations and Addresses of Technical Origin 1982 Uniform Building Code Chapters 12, 49, 55, 70. State Plumbing Code -- Appendix C, D State Building Code Flood Proofing Regulations -- Section 201.2 through 208.2 Appendix E -- Sprinklers Section 2. This ordinance shall take effect and be in force from and after its publication. Seconded by Councilmember Juker. - 18 - Ayes - all. 5/23 ion: K. COUNCIL PRESENTATIONS 1. H.R.A. a. Councilmember Juker requested the City Manager contact the applicants for the H. R.A. Commission and see that they have a packet for the next H.R.A. meet- ing and invite them to attend. 2. Frost - Waiter- Fenton a. Councilmember Anderson stated since the court has ruled on the zoning of Walter, Fenton and Frost, he would like to proceed with down zoning that property to R -1. b. City Attorney Pat Kelly suggested Council delay any action until the 30 day appeal period is over. 3. Street Code a. Councilmember Anderson requested that when a feasibility study is prepared for streets it should be pertenant that the study include the cost of a suburban street as a substitute. 4. McKnight, Burns, Hudson Place - Lights a. Mayor Greavu stated Maplewood had requested stop lights at Burns and McKnight and nothing has been done. He instructed staff to send a strongly written letter to MOOT District 9 Engineer requesting the lights be placed immediately. 5. Bike Ordinance a. Mayor Greavu instructed the staff to prepare a bike ordinance, one that will be understandable to the children. J. VISITOR PRESENTATIONS 1. Mr. Gayle Rehnberg a. Mr. Rehnberg stated he is representing Mr. and Mrs. Bert Getsug, owners of Block 9, Gladstone Addition, the land that was down zoned from M -1 to R -2 zoning. He is requesting reconsideration. A R -3 zone is requested. b. Mayor Greavu moved to reconsider the motion made previously regarding Block 9, Gladstone Addition. Seconded by Councilmember Maida. Ayes - Mayor Greavu, Councilmember Maida. Nays - Councilmember Anderson, Bastian and Juker. Motion failed. H. UNFINISHED BUSINESS 7. Crestview Drive Watermain a. Manager Evans presented the staff report. - 19 - 5/23 b. Director of Public Works Haider explained the specifics of the improvement and stated the approximate cost is $6700 a typical home (alternate #1) and $4200 a typical home (alternate #2). c. Mayor Greavu asked if anyone wished to be heard regarding the proposal. The following were heard: Mr. Jim Boland; 131 Crestview Drive (reqeust Alternate #2); Mr. Henry Dembiczak, 140 Crestview Drive (needs water); Mr. Gary Sherburne, 137 Crestview Drive (requests Alternate #2); Mr. Chuck Ferrise, 170 Crestview Drive (requests Alternate #2). d. Mayor Greavu introduced the following resolution and moved its adoption: 83 -5 -86 WHEREAS, the City Clerk and City Engineer have presented the final figures for the improvement Crestview Drive -- Hudson Place Water Main Extension, Project No. 82 -19; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City Office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. Seconded by Councilmember Maida. Ayes - all. e. Mayor Greavu introduced the following resolution and moved its adoption: 83 -5 -87 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of the Crestview Drive -- Hudson Place Water Main Extension, Project No. 82 -19, and the said assessment roll is on file in the office of the City Clerk; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 23rd day of June, 1983, at the City Hall at p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time, and place of hearing, the general nature of the improvement, the area proposed to be assessed, that the proposed assessment roll is on file with the Clerk, and that written or oral objections will be considered. Seconded by Councilmember Maida. - 20 - Ayes - all. 5/23 ADJOURNMENT 9:51 P.M. 91 - r191 City Clerk