HomeMy WebLinkAbout06.13.83MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, June 13, 1983
Council Chambers, Municipal Building
Meeting No. 83 -14
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 Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
Frances L. Juker, Councilmember Present
MaryLee Maida, Councilmember Present
C. APPROVAL OF MINUTES
1. Minutes No. 83 -9 (April 25, 1983)
Councilmember Anderson moved to approve the Minutes of Meeting No. 83 -9 (April 25,
1983) as corrected:
Page 2: Item H -lb - Councilmember Anderson moved, Seconded by Mayor Greavu
Seconded by Mayor Greavu. Ayes - all.
2. Minutes No. 83 -10 (May 9, 1983)
Councilmember Anderson moved to approve the Minutes of Meeting No. 83 -10 (May 9,
1983) as submitted.
Seconded by Councilmember Juker. Ayes - all.
3. Minutes No. 83 -10 extended (May 12, 1983)
Mayor Greavu moved to approve the Minutes of Meeting No. 83 -10 extended (May 12,
1983) as submitte .
Seconded by Councilmember Juker. Ayes - all.
4. Minutes No. 83 -11 (May 18, 1983)
Councilmember Anderson moved to approve the Minutes of Meeting No. 83 -11 (May 18,
1983) as submitted.
Seconded by Councilmember Maida. Ayes - all.
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the agenda as amended:
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1. Chamber Meeting
2. Volunteerism Report
3. Reconsideration
4. Insurance Panel
5. LMC
6. 120 & Upper Afton
7. Remove Consent Agenda Item E -7 to become I -7 and add Change Order No. 3
8. Cope Avenue
Seconded by Councilmember Bastian. Ayes - all.
Mayor Greavu introduced Mr. Charles Wiger, who was recently appointed as a member
of the Metropolitan Council.
E. CONSENT AGENDA
Council removed Consent Agenda Item E -3 to become New Business Item I -8.
Mayor Greavu moved, seconded by Councilmember Bastian, Ayes - al -1, to approve the
Consent Agenda Item 1, 2, 4, 5 and 6 as recommended.
1. Accounts Payable
Approved the accounts (Part I, Fees, Services, Expenses, Check Register dated June
1, 1983 - $217,970.54; Part II Payroll dated May 13, 1983 - $58,340.78) in the amount
of $276,311.32.
2. Disposal of Old Financial Records
Resolution No. 83 -6 -88
WHEREAS, M.S.A. 138.17 governs the destruction of city records; and
WHEREAS, a list of records has been presented to the council with a request
in writing that destruction be approved by the council;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
1. That the Finance Director is hereby directed to apply to the Minnesota State
Historical Society for an order authorizing destruction of the records as
described in the attached list.
2. That upon approval by the State of the attached application, the Finance
Director is hereby authorized and directed to destroy the records listed.
3. Overlay and Seal Coat Program
See Item I -8
4. Budget Transfer - Fireworks
Approved a budget transfer of $1,225.00 from the contingency Account to cover the
remainder of the costs for the July 4th fire works.
5. Easement Acquisition: ,Hillwood Drive - Dorland Road
Authorized the issuance of a check in the amount of $30,300.00 to the Lais, Bannigan
and Kelly trust account for disbursement to Mr. Oxford for easements for storm sewer
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piping and storm water detention facilities in conjunction with Project 78 -10.
6. MTC Bus Route Change
Approved an MTC Bus Route change as follows:
On Ivy Avenue from Highway 120 to Ferndale Avenue
On Ferndale Avenue fron Ivy Avenue to Stillwater Blvd.
On Maryland Avenue between McKnight Road and Highway 120.
7. Change Order No. I and 2 - Frontage Road
See Item 'I -7
F. PUBLIC HEARINGS
1. Plan Amendment, Rezoning and Conditional Use Permit - Kentucky Fried Chicken
7:00 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding a plan amendment
to LS C limited service commercial, zoning changed to BC(M) business - commerical
modified and a conditional use permit for Kentucky Fried Chicken, 1685 White
Bear Avenue. 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 report:
"Commissioner Prew moved the Planning Commission recommend the City Council
approve the resolution rezoning this site from BC to BC (M). This resolution
should only be passed if Council also approves the proposed Plan Amedment to
L SC. Also, approval of a conditional use permit for Kentucky Fried Chicken
at 1685 White Bear Avenue subject to review by Council in one year based on
the finding that the use would be compatible with BC (M) zoning and the LS C
land use description.
Commissioner Pellish seconded. Ayes - Commissioners Axdahl, Barrett,
Ellefson, Fischer, Hejny, Pellish, Prew, Sigmundik, Whitcomb."
d. Mr. J. E. Brill, Jr., attorney representing Kentucky Fried Chicken, stated
they wished the zoning to remain as is.
e. Ms. Helen Wallin, District Manager for Kentucky Fried Chicken in this area,
stated her reasons for the zoning to remain unchanged.
f. Mayor Greavu called for proponents. None were heard.
g. Mayor Greavu called for opponents. None were heard.
h. Mayor Greavu closed the public hearing.
i. Councilmember Bastian moved to table matter and refer it back to the Planning
Commission for further review.
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson,
Bastian and Maida.
Nays - Councilmember Juker.
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2. Code Amendment, Minimum Floor Areas Multiples - 7:15 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding an amendment
to the zoning code to reduce the minimum floor area requirements for double
and 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 report:
"Commissioner Whitcomb moved the Planning Commission recommend the City Council
approve the ordinance amending the zoning code to reduce the minimum floor area
requirements for double and multiple dwellings to the "Minimum adequate" standard
suggested by the Model Planned Residential Development Code.
Commissioner Hejny seconded. Ayes - Commissioners Axdahl, Barrett,
Ellefson, Fischer, Hejny, Pellish, Prew, Sigmundik, Whitcomb."
d. Mayor Greavu called for proponents. The following were heard:
Mr. Marlin Grant, Marvin Anderson Construction.
e. Mayor Greavu called for opponents. None were heard.
f. Mayor Greavu closed the public hearing.
g. Member Lorraine Fischer presented the H RA report.
h. Councilmember Maida moved to table this item and meet with the H.R.A. for
further review and discussion.
Seconded by Councilmember Juker. Ayes - all.
3. Conditional Use Permit: 1014 Bartelmy Lane 7:30 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding a request
of Richard Andrea, to operate a couseling business as a home occupation at 1014
Bartelmy Lane. 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 Planning Commission recommendation:
"Commissioner Fischer moved the Planning Commission recommend the City Council
approve the resolution, authorizing a counseling business as a home occupation
at 1014 Bartelmy Lane, subject to:
1. Obtaining a license each January.
2. Eliminating extension cords in the basement.
3. Installing a smoke detector in the office.
4. Installing a 5 pound A.B. C. fire extinguisher.
Commissioner Sletten seconded. Ayes — Commissioners Axdahl, Barrett,
Fischer, Hejny, Sletten, Whitcomb."
d. Mr. Richard Andrea, 1014 Bartelmy Lane, the applicant, spoke on behalf of
his regeust.
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e. Mayor Greavu called for persons who wished to be heard for or against the
proposal. The following expressed their views:
Mr. James Sherwood, 1013 Mary Street;
Mrs. James Sherwood, 1013 Mary Street;
Mr. Leonard Renslow, 1038 Bartelmy Lane.
f. Mayor Greavu closed the public hearing.
g. Councilmember Bastian introduced the following resolution and moved its
adoption:
83 -6 -89
WHEREAS, Richard Andrea requested a conditional use permit to operate a
counseling business as a home occupation at the following property:
Lot 26, Block 2, Bartelmy Acres, Section 25, Township 29, Range 22
This property is also known as 1014 Bartelmy Lane, Maplewood;
WHEREAS, the procedural history of this conditional use permit is as follows:
1. This conditional use permit request was initiated by Richard Andrea pursuant
to the Maplewood Code of Ordinances.
2. This conditional use permit request was reviewed by the Maplewood Planning
Commission on Mayl6, 1983. The Planning Commission recommended to the City
Council that said request be approved.
3. The Maplewood City Council held a public hearing on June 13, 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 opportun-
ity 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.
Approval is subject to:
1. Obtaining a license from the City Clerk each January.
2. Eliminating extension cords in the basement.
3. Installing a smoke detector in the office.
4. Installing a 5# A.B. C. fire extinguisher
5. All counseling to be inside the dwelling.
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Seconded by Councilmember Maida. Ayes - all.
4. Plan Amendment: Maryland Avenue - McKnight Realignment
a. Mayor Greavu convened the meeting for a public hearing regarding amending
the Land Use Plan from RM to LSC on the property at the northwest corner of
Maryland Avenue and the proposed McKnight Road realignment.
b. Manager Evans presented the staff report.
c. Mayor Greavu called for proponents. None were heard.
d. Mayor Greavu called for opponents. The following were heard:
Mr. Perry Shortridge, 2196 Hendry Place, owner of the property.
Mrs. Betty Edmiston, 2345 Maryland Avenue
e. Mayor Greavu closed the public hearing.
f. Councilmember Juker introduced the followinq resolution and moved its adoption:
EXIM-1=6111
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 RM, residential medium density
to LSC, limited service commercial for the following generally described area:
That portion of the following described property lying east of the center-
line of the McKnight Road realignment: the east 365 feet of the south
503.5 feet of the SW 1/4 of the SW 1/4, subject to Maryland Avenue in
Section 24, Township 29, Range 22; and
That part of the S E 1/4 of the SW 1/4 of Section 24, Township 29, Range
22, Ramsey County, Minnesota, described as follows: Beginning at a point
on the south line of said SE 1/4 of the SW 1/4, said point being IOb6.48
feet westerly of the southeast corner thereof; thence deflecting 64 51'
00" to the right a distance of 560.55 feet to the west line of said SE
1/4 of the SW 1/4; thence southerly along said west line a distance of
507.47 feet to the south line of said SE 1/4 of the S14 1/4; thence easterly
along said south line a distance of 246.04 feet to the point of beginning.
Subject to Maryland Avenue and the McKnight Road realignment.
ALSO, amending the acreage chart on page 19 -3 of the plan by adding two
acres to the commercial acreage in the Beaver Lake neighborhood and reducing
the RM acreage by two acres.
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;
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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 testi-
mony 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 amendments be approved on the basis of the following findings
of fact:
1. The opportunity for neighborhood convenience shopping is needed in this
neighborhood.
2. This location would be easily accessed by foot and bicycle, highly desirable
characteristics for neighborhood convenience shopping.
3. Designation as Limited Service Commercial, to permit neighborhood convenience
shopping opportunities, would not have an adverse effect on the Land Use
Plan.
Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson, Juker
and Maida.
Nays - Mayor Greavu and Councilmember
Bastian.
5. Rezoning: Maryland Avenue and McKnight Road 7:45 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding a proposal
to rezone approximately 68 acres at the corner of McKnight Road and Maryland
Avenue (Beaver Lake Estates) 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.
h. Manager Evans presented the staff report.
c. Chairman Les Axdahl presented the following Planning Commission recommendation:
"Commissioner Prew moved the Planning Commission recommend to the City Council
the area under consideration be rezoned as follows:
1. Area l,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 proposed McKnight Road alignment would be rezoned as R -1, Residence
District (Single Dwelling).
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Commissioner Whitcomb seconded. Ayes -- Commissioners Axdahl, Barrett,
Ellefson, Fischer, Hejny, Pellish, Prew, Whitcomb."
d. Mayor Greavu called for persons who wished to be heard for or against
the proposal. The following expressed their opinions:
Mr. John Johnson, 2335 Maryland
Mr. Perry Shortridge, 2196 Hendry Place
Mr. Russ Niezgocki, 1505 Ryan Street.
e. Mayor Greavu closed the public hearing.
f. Councilmember Juker introduced the following resolution and moved its
adoption:
83 -6 -91
WHEREAS, the City of Maplewood initiated a rezoning from M -2 Heavy Manufactur-
ing to R -3, Residence District (Multiple Dwelling) for the following described
properties:
1. Subject to Maryland Avenue, the SE 1/4 of the SW 1/4 of Section 24, Township
29, Range 22, except the following described parcel:
Beginning at a point on the south line of said SE 1/4 of the SW 1/4, said
point being 1276.48 feet westerly of the southeast corner thereof; thence
deflecting 64 51' 00" to the right a distance of 560.55 feet to the west
line of said SE 1/4 of the SW 1/4; thence southerly along said west line
a distance of 507.45 feet to the south line of said SE 1/4 of the SW 1/4;
thence easterly along said south line a distance of 246.04 feet to the point
of beginning.
2. That part of the following described property lying easterly of the center
line of the proposed McKnight Road Realignment:
Except the South 503 11/12 feet and except that West 690 feet part of the
Southwest 1/4 of the Southwest 1/4 Southerly of line running from Nrotheast
corner of said 1/4 1/4 to point 450 feet south on West section line from
original railway right of way and subject to McKnight Road and the Northwesterly
15 feet of said excepted West 690 feet, all in Section 24, Township 29,
Range 22.
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 of Ordinances.
2. This rezoning was reviewed by the Maplewood Planning Commission on March
7, 1983. The Planning Commission recommended to the City Council that said
rezoning be approved.
3. Council denied this proposal on March 28, 1983 but authorized its reconsider-
ation on April 11, 1983.
4. The Maplewood City Council held a public hearing on June 13, 1983, to reconsider
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
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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 changes are consistent with the spirit, purpose and intent
of the zoning code.
2. The proposed changes will not substantially injure or detract from the use
of neighboring property or the character of the neighborhood.
3. The use of the property adjacent to the area included in the zone change
is adequately safeguarded.
4. The proposed change will serve the best interests of the community by elimin-
ating the possibility of development that would be inconsistent with the
intent of the Land Use Plan.
Seconded by Councilmember Maida. Ayes - Councilmembers Anderson, Bastian,
Juker and Maida.
Nays - Mayor Greavu.
g. Councilmember Juker introduced the following resolution and moved its adoption:
83 -5 -92
WHEREAS, the Maplewood City Council initiated a rezoning from M -2, Heavy
Manufacturing to NC, Neighborhood Commercial for the following described property:
That part of the SE 1/4 of the SW 1/4 of Section 24, Township 29, Range
22, Ramsey County, Minnesota, described as follows: Beginning at a point
on the south line of said SE 1/4 of the SW 1/4, said point being 1076.48
feet to the right a distance of 560.55 feet to the west line of said SE
1/4 of the SW1 /4; thence southerly along said west line a distance of 507.47
feet to the south line of said SE 1/4 of the SW 1/4; thence easterly along
said south line a distance of 246.04 feet to the point of beginning. Subject
to Maryland Avenue; and
That part of the east 365 feet of the south 503 11112 feet of the SW 1/4
of the SW 1/4, subject to Avenue in Section 24, Tonwship 29, Range 22, lying
east of the centerline of the McKnight Road Realignment.
WHEREAS, the procedural history of this rezoning is as follows:
1. This rezoning was initiated by 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 recommended to the City Council that said
rezoning be approved.
3. On March 28, 1983, Council approved a plan amendment for this site from
S C, service commercial, to RM, residential medium density.
4. Council denied this rezoning proposal on March 28, 1983, but authorized
its reconsideration on April 11, 1983.
5. On May 9, 1983, Council tabled reconsideration of the rezoning and directed
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the Planning Commission to consider a plan amendment from RM, residential
medium density to LSC, limited service commercial for this site.
6. The Maplewood City Council held a public hearing on June 13, 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 code and Land Use Plan.
2. The proposed change will not substantially injure or detract from the use
of neighboring property or the character of the neighborhood.
3. The use of the property adjacent to the area included in the zone change
is adequately safeguarded.
4. The proposed change will serve the best interests of the community by elimin-
ating the possibility of development that would be inconsistent with the
intent of the Land Use Plan and providing for needed neighborhood convenience
shopping opportunities in the area.
Seconded by Councilmember Maida. Ayes - Councilmembers Anderson, Bastian,
Juker and Maida.
Nays - Mayor Greavu.
h. Councilmember Juker introduced the following resolution and moved its adoption:
83 -6 -93
WHEREAS, the City of Maplewood initiated a rezoning from M -2 Heavy Manufact-
uring to R -2, Resdience District (Double Dwelling) for the following described
properties:
1. Subject to Maryland Avenue, the West 75 feet of the East 440 feet of the
South 503 11/12 feet of the Southwest 1/4 of the Southwest 1/4 in Section
24, Township 29, Range 22, also known as 2345 Maryland Avenue.
2. Subject to Maryland Avenue, the West 88 feet of the East 528 feet of the
South 503 11112 feet of the Southwest 1/4 of the Southwest 1/4 of Section
24, Township 29, Range 22, also known as 2335 Maryland Avenue.
3. Subject to Maryland Avenue, the West 88 feet of the East 616 feet of the
South 503 11112 feet of the Southwest 1/4 of the Southwest 1/4 of Section
24, Township 29, Range 22, also known as 2325 Maryland Avenue.
4. Subject to Maryland Avenue, the West 88 feet of the East 704 feet of the
South 503 11/12 feet of the Southwest 1/4 of the Southwest 1/4 of Section
2.4, Township 29, Range 22.
5. Subject to Maryland Avenue, the West 88 feet of the East 792 feet of the
South 503 11112 feet of the Southwest 1/4 of the Southwest 1/4 of Section
24, Township 29, Range 22.
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6. Subject to Maryland Avenue, the West 88 feet of the East 880 feet of the
South 503 11/12 feet of Southwest 1/4 of the Southwest 1/4 of Section 24,
Township 29, Range 22.
7. That part of the following described parcel lying westerly of the center-
line of the proposed McKnight Road Realignment:
Except the South 503 11/12 feet and except the West 690 feet part of the
Southwest 1/4 of the Southwest 1/4 Southerly of line running from Northeast
corner of said 1/4 1/4 to point 450 feet South on West section line from
original railway right of way and subject to McKnight Road and the North-
westerly 15 feet of said excepted West 690 feet, all in Section 24, Township
29, Range 22.
8. Subject to highway easement Over the Southwest corner and subject to McKnight
Road and Maryland Avenue, the West 440 feet of the South 503 11/12 feet
of the Southwest 1/4 of the Southwest 1/4 of Section 24, Township 29, Range
22, also known as 1240 McKnight Road.
9. Subject to McKnight Road, the following: Beginning on the west line of
and 595 49/100 feet north from the southwest corner of the southwest 1/4
then north on said west line 87 feet then North 64 degrees 5 minutes East
on a line 15 feet southeasterly from and parallel to the Southeasterly line
of railway right of way 767 04/100 feet then south 278 19/100 feet then
south 78 degrees 12 minutes 30 seconds west 704 77/100 feet to the beginning
all in Section 24, Township 29, Range 22, also known as 1262 McKnight Road.
10. Subject to McKnight Road and except the South 503 11112 feet part of West
690 feet Southerly of a line described as following: Beginning on the West
line of and 595 49/100 feet North from the southwest corner of the southwest
1/4 then north 78 degrees 12 minutes 30 seconds East to a point on the East
line of said West 690 feet, all in Southwest 1/4 of Section 24, Township
29, Range 22, also known as 1250 McKnight Road.
11. That part of the following described parcel lying west of the proposed Mc-
Knight Road Realignment: The east 365 feet of the South 503 11112 feet
of the SW 1/4 of the SW 1/4, subject to avenue in Section 24, Township 29,
Range 22.
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 of Ordinances.
2. This rezoning was reviewed by the Maplewood Planning Commission on March
7, 1983. The Planning Commission recommended to the City Council that said
property be rezoned to R -1, residence district (single dwelling).
3. Council denied this proposal on March 28, 1983. Reconsideration was author-
ized on April 11, 1983.
4. The Maplewood City Council held a public hearing on June 13, 1983 to recon-
sider 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.
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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 changes are consistent with the spirit, purpose and intent
of the zoning code.
2. The proposed changes will not substantially injure or detract from the use
of neighboring property or the character of the neighborhood.
3. The use of the property adjacent to the area included in the zone change
is adequately safeguarded.
4. The proposed change will serve the best interests of the community by el-
iminating the possibility of development that would be inconsistent with
the intent of the Land Use Plan.
Seconded by Councilmember Maida. Ayes - Councilmembers Anderson, Bastian,
Juker and Maida.
Nays - Mayor Greavu.
G. AWARD OF BIDS
None.
H. UNFINISHED BUSINESS
1. Plan Amendment: White Bear Avenue, South of County Road B
a. Manager Evans presented the staff report.
b. Chairman Les Axdahl presented the following 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.
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."
c. Mr. Richard Pearson, one of the owners of the property involved, spoke against
the proposal.
d. Councilmember Anderson moved a plan amendment from R -M (residential medium
density) and LSC (limited service commercia )-to all L
Seconded by Councilmember Juker. Ayes - Councilmember Anderson and Juker.
Nays - Mayor Greavu, Councilmembers Bastian
and Maida.
e. Councilmember Maida introduced the following resolution and moved its adoption:
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83 -6 -94
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 LSC, limited service commercial and
RM, residential medium density to SC, Service Commercial for the following
generally described area:
The south 183 feet of the west 633 feet of the northwest 1/4 of the northwest
1/4 (subject to roads and easements) in Section 14, Township 29, Range 22
and except the north 33 feet and the south 183 feet; the west 433 feet of
the northwest 1/4 of the northwest 1/4 .(subject to road) in Section 14,
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 18th day of April, 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. The proposed classification would not have any adverse effects on the Com-
prehensive Plan.
2. It would be consistent with
the site.
3. It would be consistent with
associated with the site.
Seconded by Councilmember Ander
the existing development and zoning on and near
the potential sewer and access limitations
>on. Ayes - Councilmembers Anderson, Bastian,
Juker and Maida.
Nays - Mayor Greavu.
2. Rezoning: White Bear Avenue, South of County Road B
a. Manager Evans presented the staff report.
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M
Chairman Les Axdahl presented the following Planning Commission recommendation:
"Commissioner Hejny moved the Planning Commission recommend to the City Council
denial of the proposed zone change.
Commissioner Fischer seconded. Ayes - Commissioners Axdahl, Barrett,
Fischer, Hejny, Prew, Sigmundik, Sletten."
c. Mr. Richard Pearson, 1959 White Bear Avenue, owner of the property, spoke
in opposition to the proposal.
d. Councilmember Maida moved to accept the Planning Commission recommendation
and deny the rezoning.
Seconded by Mayor Greavu. Ayes - all.
3. Ordinance Amendment: Signs in Residential
a. Manager Evans presented the staff report.
b. Director of Community Development Geoff Olson presented the Community Design
Review Board report recommending approval of the ordinance amendment.
c. Councilmember Anderson moved first reading of an ordinance regarding signs
in residential zones.
Seconded by Councilmember Juker. Ayes - all.
4. 36 and English Signs
a. Mayor Greavu moved to table this item.
Seconded by Councilmember Bastian. Ayes - all.
I. NEW BUSINESS
1. Time Extension: Beaver Lake Hills
a. Manager Evans presented the staff report
b. Councilmember Anderson moved a six month time extension for the Beaver Lake
Hills preliminary plat and PUD on the basis that:
1. Conditions have not changed in the area to warrant denial.
2. Council has approved time extensions in the past for other plats.
Approval is subject to compliance with all of the original conditions.
Seconded by Councilmember Maida. Ayes - Mayor Greavu, Councilmembers Anderson,
Juker and Maida.
Nays - Councilmember Bastian.
2. Time Extension: Leonard's Oak Hills No. 5
a. Manager Evans presented the staff report.
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b. Mayor Greavu moved approval of a preliminary plat time extension for one
year and PUD renewa or six mont s for eonar Oak Hi s No. , on the basis
t at:
1. Circumstances have not changed since the original approval.
2. The applicant is proceeding with the project by working on financing for
the project and continuing with the engineering work.
Approval is subject to:
1. Compliance with the original conditions; and
2. Dedication of the drainage easement to the city to hold until the final
plat is approved.
Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson,
Juker and Maida.
Nays - Councilmember Bastian.
3. Joint HRA /Council Meeting
Council established the date of July 5, 1983 for a joint HRA /Council Meeting.
4. Plan Amendment: Lydia, Woodlyn and Ariel
a. Manager Evans stated the Council, at the May 16 joint meeting with the Plan-
ning Commission, considered initiating a plan amendment for the area on the
enclosed maps from RM, residential medium density to RL, residential lower den -
sity. Staff was requested to research how the property shaded on attachment
two was assessed. This property was assessed as RM land at twice the RL rate.
Utility services are sized for multiple dwellings. Single dwellings would require
new services.
Council amended the plan on October 1, 1981 from RH, residential high density
to RM for a 5.6 acre parcel that is part of this area. 'It is recommended that
Council take no action. If Council decides to amend the plan, this matter must
be referred to the Planning Commission for a public hearing.
b, Mr. Jerry Mogren and Mr. Dick Schreier, who own part of the property in
question, explained what they intend to do with the property.
c. No action taken.
5. Swimming Pool Ordinance
a: Manager Evans presented the staff report.
b. Council directed staff to prepare an ordinance regulating public and semi
public pools.
6. Bike Ordinance
a. Manager Evans presented the staff report.
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b. Mayor Greavu moved first reading of an ordinance regarding regulation of
bicycles.
Seconded by Councilmember Maida. Ayes - all.
7. Overlay and Seal Coat Program
a. Manager Evans presented the staff report and recommended that staff be
authorized to proceed with securing bids for the work. Financing from the
Street Construction State Aid Funds is recommended, as no funding was provided
in the 1983 budget.
b. Councilmember Anderson moved to direct staff to include Kennard Street from
County Road B to Lark Avenue in t e over ay-an sea coat program
Seconded by Councilmember Bastian. Ayes - all.
c. Councilmember Anderson introduced the following resolution and moved its
adoption:
83 -6 -95
WHEREAS, the City Council of Maplewood, Minnesota deems it necessary and
expedient;
NOW, THEREFORE, be it resolved that staff is hereby authorized to secure
bids for the 1983 Bituminous Sealcoat Program, Maplewood Project 83 -6 as proposed
in the staff report.
Seconded by Councilmember Bastian. Ayes - all.
d. Councilmember Anderson introduced the following resolution and moved its
adoption:
LSJEIN. BIL611
WHEREAS, the City Council of Maplewood, Minnesota deems it necessary and
expedient;
NOW, THEREFORE, be it resolved that staff is hereby authorized to secure
bids for the 1983 Bituminous Overlay Program, Maplewood Project 83 -5 as proposed
in the staff report.
Seconded by Councilmember Bastian. Ayes - all.
J. VISITOR PRESENTATION
None.
K. COUNCIL PRESENTATIONS
1. Chamber Meeting
a. Councilmember Juker asked if anyone was going to attend the Chamber Meeting
on Thursday, June 16, 1983 when the topic of the Highway 61 and 694 interchange
is discussed.
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b. No action taken.
2. Volunteerism Report
a. Councilmember Maida reported on the conference on Volunteerism and who
attended. She also requested that the entry fee be refunded to Mr. Alfred Boulay
who paid his own way.
b. Mayor Greavu moved a bud
Mr. BoulayIs expense for r tF
transfer of $10.00 to cover the cost of refunding
Seconded by Councilmember Maida. Ayes - all.
3. Reconsideration
a. Councilmember Anderson moved reconsideration of Council's action regarding
the rezoning of 2300 and 2310 Hazelwood Street an that t is item be p ace
on the agenda for public hearinq and notice be sent to property owners.
Seconded by Councilmember Juker. Ayes - all.
4. Insurance Panel
a. Councilmember Bastian asked if total repeal of the Insurance Commission
was necessary. He has read articles that an Insurance Panel is permitted.
b. Staff stated the type of Insurance Commission that the City had was not
permitted.
5. LM C
a. Councilmember Bastian reported on the LMC Conference this week.
6. Century and Upper Afton Road
a. Mayor Greavu stated police officers are ticketing people passing on the
right to enter the businesses along Century Avenue North of Upper Afton Road.
He requested staff contact the Highway Department to see if they will install
a riaht turn lane at that intersection.
Councilmember Juker moved to extend the meeting past the deadline.
Seconded by Councilmember Anderson. Ayes - Mayor Greavu; Councilmembers Anderson,
Juker and Maida.
Nays - Councilmember Bastian.
7. Change Orders 1, 2 and 3 - Project 80 -10
a. Mayor Greavu introduced the following resolution and moved its adoption:
83 -6 -97
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered
made Improvement Project No. 80 -10 and has let a construction contract therefore
pursuant to Minnesota Statutes, Chapter 429; and
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WHEREAS, it is now necessary and expedient that said contract be modified
and designated as Improvement Project No. 80 -10, Change Order No.'s 1, 2 and
3.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA
that the Mayor and City Clerk are hereby authorized and directed to modify the
existing contract by executing said Change Order No. 1, 2 and 3.
Seconded by Councilmember Bastian. Ayes - all.
8. Commissioners Meeting
a. Councilmember Juker moved to hold a
P.M. regardinq Commission aDDOintments,
al meeting June 20, 1983 at 5:00
Seconded by Councilmember Maida. Ayes - all.
9. Cope Avenue
Council adjourned the meeting at 10:50 P.M. to reconvene in Executive Session
with the City Attorney to discuss Cope Avenue assessment appeals by Carbone -
Elia and the Maplewood Racquetball Association.
MI. ADJOURNMENT
10:50 P.M.
l ty �er
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