Loading...
HomeMy WebLinkAbout10.10.83MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, October 10, 1983 Council Chambers, Municipal Building Meeting No. 83 -26 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building and was called to order at 7:00 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present MaryLee Maida, Councilmember Present C. APPROVAL OF MINUTES None. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Highwood Avenue 2. Police Contract 3. Dog Ordinance 4. AMM & LMC 5. Williams Pipeline Seconded by Councilmember Anderson. Ayes - all. E. CONSENT AGENDA Councilmember Maida moved, seconded by Councilmember Bastian, Ayes - all, to approve the Consent Agenda, Items 1 through 3 as recommended: 1, Accounts Payable Approved the accounts, (Part I, Fees, Services, Expenses, Check Register dated September 27, 1983 through September 30, 1983 - $395,824.08: Part II, Payroll - Checks dated September 23, 1983 - $58,493.16) i.,n the amount of $454,317.24. 2. Certification of the Delinquent Sewer Accounts Resolution No. 83 -10 -167 RESOLVED, that the City Clerk is hereby authorized and directed to certify to the,Auditor of Ramsey County the attached list of delinquent sewer rental charges and hydrant charges said list made a part herein, for certification against the tax levy of said property owners for the year 1983, collectible in 1984, and which listing in- - 1 - 10 /10 cludes interest at the rate of eight (8%) on the total amount for one year. Total amount to be certified: $55,104.80. 3. Agreement on Traffic Signal - County Road D and Rice Street Resolution "No..,83, 7,10 -168 BE IT RESOLVED that the City of Maplewood enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to -wit: To provide a traffic control signal with street lights, signing, inter- connect work and Emergency vehicle Pre - emption System on Trunk Highway No. 49 (Rice Street) at County State Aid Highway No. 25 (County Road B) in accordance with the terms and conditions set forth and contained in Agreement No. 61794, a copy of which was before the Board. BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. F. PUBLIC HEARINGS 1. Code Amendment: Parking Lots - Second Reading (4 votes) 7:00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding revising the zoning code to establish minimum parking lot deminsions. b. Manager Evans presented the staff report. c. The following Planning Commission recommendation was given: "Commissioner Ellefson moved the Planning Commission recommend the City Council adopt the proposed parking ordinance amendment reducing the minimum stall width and length, and create an ordinance requiring continuous concrete curbing around parking lots. Commissioner Barrett seconded. Ayes - Commissioners Barrett, Ellefson, Fischer, Hejny, Prew, Robens, Sigmundik, Whitcomb." d. Board Member Tom Deans presented the Community Design Review Board report. 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 Maida moved second read parking lot dimensions. Seconded by Councilmember Bastian. Motion defeated. of an ordinance to establish minimum Ayes - Mayor Greavu, Councilmembers Bastian, and Maida. Nays - Councilmembers Anderson and Juker. - 2 - 10 /10 2. Variance: Parking Drive - Somerset Ridge 7:15 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding a request from Woodmark, Inc. for a parking variance to provide nine by eighteen foot parking spaces at Somerset Ridge. b. Manager Evans presented the staff report. c. Commissioner Duane Prew presented the following Planning Commission recommend- ation: "Commissioner Fischer moved the Planning Commission table this request until after the Council reviews the parking code amendment. Commissioner Hejny seconded. Ayes - Commissioners Barrett, Ellefson, Fischer, Hejny, Prew, Robens, Sigmundik, 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 moved to deny the request of Woodmark, Inc. for a parkii variance to provide nine by eig teen toot parking spaces at Somerset Kidge. Seconded by Councilmember Juker. Ayes - all. G. AWARD OF BIDS' 1. Traffic Signals: County Road B and Rice Street a. Manager Evans presented the staff report. b. Mayor Greavu introduced the followings resolution and moved its adoption: 83 - 10 169 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Peoples Electric Company in the amount of $45,800.00 is the lowest responsible bid for the construction of a full traffic activated control signal system at Rice Street and County Road B and the proper City officials are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilmember Maida. Ayes - all. H. UNFINISHED BUSINESS 1. Conditional Use Permit /Plan Review Appeal - County Road B and VanDyke a. Manager Evans presented the staff report. b. Board Member Tom Deans presented the Community Design Review Board report. c. Commissioner Duane Prew presented the Planning Commission report. d. Mr. John Sauro, Sauro Realty, the applicant, requested that this item be tabled until the November 14, 1983 meeting. - 3 - 10 /10 F e. Councilmember Bastian moved to table this item until the November 14, 1983 meeting. Seconded by Councilmember Maida. Ayes - all. PUBLIC HEARINGS (continued) 3. Preliminary Plat - Claussen Addition 7:30 P.M. a. Mayor Greavu convened the meeting for a public hearing concerning preliminary plat approval for 22 lots on the SW corner of Roselawn Avenue and Edgerton Street. b. Manager Evans presented the staff report. c. Commissioner Duane Prew presented the following Planning Commission recommend - at(ion: "Commissioner Hejny moved the Planning Commission recommend to the City Council approval of the preliminary plat received on August 18, 1983, subject to the follow- ing conditions: 1. The developer shall provide on -site ponding to control the rate and volume of run -off to adjacent property to predevelopment levels. Drainage easements shall be provided for the proposed ponding. 2. A drainage easement and piping shall be provided along lot lines to drain the nursing home parking lot to the southerly pond. 3. The second phase of the final plat shall not be approved, unless the Council orders a public improvement project to extend water from Edgerton Street to Bradley Street. 4. Approval of a final grading, drainage and utility plan before final plat approval. 5. Entering into a development agreement for public improvements before final plat approval. 6. The developer shall construct a temporary asphalt path on the west side of Edgerton Street, from Roselawn to the south edge of the plat on Edgerton Street. Commissioner Fischer seconded. Ayes - Commissioners Barrett, Ellefson, Fischer, Hejny, Prew, Robens, Sigmundik, Whitcomb." d. Mr. Don Christoferson, Short Elliott and Henderson, presented the specifics of the proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. The following were heard: Mr. Don Torgerson, 1822 DeSoto Street. g. Mayor Greavu closed the public hearing. h. Councilmember Anderson moved to a prove the Claussen Addition preliminary plat located at the Southwest corner of Roselawn Avenue and Edgerton tree su 7ec to the following conditions: - 4 - 10 /10 1. The developer shall provide on -site ponding to control the rate and volume of run -off to adjacent property to predevelopment levels. Drainage easements shall be provided for the proposed ponding. 2. A drainage easement and piping shall be provided along lot lines to drain the nursing home parking lot to the southerly pond. 3. The second phase of the final plat shall not be approved, unless the Council orders a public improvement project to extend water from Edgerton Street to Bradley street. 4. Approval of a final grading, drainage and utility plan before final plat approval. 5. Entering into a development agreement for public improvements before final plat approval. 6. The developer shall construct a temporary asphalt path on the west side of Edgerton Street, from Roselawn to the south edge of the plat on Edgerton Street. Seconded by Councilmember Maida. Ayes - all. 4. Variance - 2108 McMenemy - Wegleitner 7:45 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Mrs. Martha Wegleitner for a corner lot frontage variance of approximately seventeen feet at the northeast corner of McMenemy Road and Eldridge Avenue. b. Manager Evans presented the staff report. c. Commissioner Duane Prew presented the following Planning Commission recommend- ation: "Commissioner Fischer moved the Planning Commission recommend approval of the proposed corner lot frontage variance of approximately seventeen feet, the east line of the proposed corner lot to be located four feet west of the steps for the existing home at 12.08 McMenemy Street and the following resolution be forwarded to the City Council: WHEREAS, Martha Wegleitner applied for a variance for the following described property: Lot 1, Block 1, Edgetown Heights, Section 17, Township 29, Range 22. This property is also known as 2108 McMenemy Street, Maplewood; WHEREAS, section 30 -8 (f) (2) of the Maplewood Code of Ordinances requires corner lots to have 100 feet width and depth; WHEREAS, the applicant is proposing an eighty-three foot wide corner lot, requiring a variance of seventeen feet; NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD PLANNING COMMISSION that the above described variance be approved on the basis of the following findings of fact: - 5 - 10/10 1. The City has approved comparable corner lot width variances in the past. 2. The resulting lot would be in keeping with the spirit and intent of the code, because all setback requirements could be met. 3. The existing house was constructed prior to adopting of a city zoning code. As such its placement presently precludes compliance with minimum lot frontage requirements. 4. Four similar sized corner lots have been developed in this neighborhood. Approval is subject to: 1. The lot split line shall be identified by land survey monuments. 2. The setback to McMenemy Street shall not be less than that of the existing dwellings along both sides of the street (about forty feet), unless written permission is received from affected property owners to locate closer, in accordance with city code provisions. 3. Payment of sewer and water cash connection charges. Commissioner Barrett seconded. Ayes - Commissioners Barrett, Ellefson, Fischer, Hejny, Prew, Robens, Sigmundik, Whitcomb." c. Mr. Walter Wegleitner, 431 Belmont Lane, representing his mother, spoke on behalf of the proposal. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. The following were heard: Mr. Don Damth, 2114 McMenemy Road. f. Mayor Greavu closed the public hearing. g. Councilmember Maida introduced the following resolution and moved its adoption: 83 - 10 - 170 WHEREAS, Martha Wegleitner applied for a variance for the following described property: Lot 1, Block 1, Edgetown Heights, Section 17, Township 29, Range 22. This property is also known as 2108 McMenemy Street, Maplewood; WHEREAS, section 30 -8 (f)Y,(2) of the Maplewood Code of Ordinances requires corner lots to have 100 feet width and depth; WHEREAS, the applicant is proposing an eighty -three foot wide corner lot, re- quiring a variance of seventeen feet; WHEREAS, the procedural history of this variance is as follows: 1. This variance was applied for on August 10, 1983. 2. This variance was reviewed by the Maplewood Planning Commissdon on September 19, - 6 - 10 /10 1983. The Planning Commission recommended to the City Council that said variance be approved. 3. The Maplewood City Council held a public hearing on October 10, 1983, to consider this variance. Notice thereof was published and mailed pursuant to law. Adlipersons 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 variance be approved on the basis of the following findings of fact: 1. The City has approved comparable corner lot width variances in the past. 2. The resulting lot would be in keeping with the spirit and intent of the code because all setback requirements could be met. 3. The existing house was constructed prior to adopting of City zoning codes. As such its placement presently precludes compliance with minimum lot frontage requirements. 4. Four similar sized corner lots have been developed in this neighborhood. Approval is subject to: 1. The lot split line shall be identified by land survey monuments. 2. The setback to McMenemy Street shall not be less than that of the existing dwellings along both sides of the street (about forty feet), unless written permission is received from affected property owners to locate closer, in accordance with City Code provisions. 3. Payment of sewer and water cash connection charges. Seconded by Mayor Greavu. Ayes - all. 5. Plan Amendment: Lower Afton Road and McKnight Road - 8:00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding a proposed plan amendment from RM, residential medium density to SC service commercial, RH residential high density and RL, residential low density for the property located at the southeast corner of Lower Afton Road and McKnight Road. b. Manager Evans presented the staff report. c. Commissioner Duane Prew presented the following Planning Commission recommend- ation: "Commissioner Whitcomb moved the Planning Commission recommend to the City Council that the land use plan not be changed for the site from RM to SC and RM to RH, however the PLanning Commission recommends a plan amendment from RM to RL for the property developed to single family at the northeast corner of Londin Lane and McKnight Road. Denial of the RM to RH and SC is based on the following: 1. Not a good commercial decision. - 7 - 10 /10 2. The decision from RM to SC is not a landowners decision. 3. Would require a waiver of the R -3 zone change moratorium to change and develop as RH. 4. The zone change would have to occur within 9 months. 5. No specific development is currently proposed. Commissioner Pellish seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Pellish, Prew, Sigmundik, Sletten, Whitcomb. Abstained,- Commissioner Robens." d. Mayor Greavu called for proponents. The following were heard: Mr. Arnold Johnson, 2299 Londin Lane. e. Mayor Greavu called for opponents. The following were heard: Mr. Dick Mortenson, 2455 Londin Lane Mr. Phil Thomson, 2445 Londin Lane Mr. Bill Donovan, 2465 Londin Lane Mr. Mark LeClair, 346 McKnight Road Mr. Tom Olander, 2465 Londin Lane Mr. Gary Ketch, 328 McKnight Road Mr. Gary Johnson, 2445 Londin Lane Mrs. Lorraine Clasemore, 2485 Londin Lane. f. Mayor Greavu closed the public hearing. g. Councilmember Anderson introduced the following resolution and moved its a 83 - 10 - 171 WHEREAS, the City of Maplewood initiated an amendment to the Maplewood compre- hensive plan from RM, residential medium density to RL, residential low density for the following described property: The Northeast corner of McKnight Road and Londin Lane. WHEREAS, the procedural history of this plan amendment is as follows: 1. This plan amendment was initiated by the City of Maplewood. ion: 2. The Maplewood Planning Commission held a public hearing on August 15, 1983 to consider this plan amendment. Notice thereof was published and mailed pur- suant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Planning Commission recommended to the City Council that said plan amendment be approved. 3. The Maplewood City Council considered said plan amendment on October 10, 1983. The Council considered reports and recommendations from the Planning Commission and City Staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described plan amenment be approved on the basis that the property is currently developed with single dwellings. - 8 - 10 /10 Seconded by Councilmember Maida. Ayes - all. h. Councilmember Anderson introduced the following resolution and moved its adoption: 83 - 10 - 172 WHEREAS, the Maplewood City Council and staff initiated an amendment to the Maplewood comprehensive plan from RM, residential medium density to LSC, limited commercial and RL, residential low density for the following - described property: East of McKnight Road, between Lower Afton Road and Londin Lane . These properties are more commonly described as 328 -358 McKnight Road and 2271 -2299 Londin Lane; WHEREAS, the procedural history of this plan amendment is as follows: 1. This plan amendment was initiated by the Maplewood City Council and Staff. 2. The Maplewood planning commission held a public hearing on September 19, 1983, to consider this plan amendment. 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 planning commission recommended to the city council that said plan amendment be denied. 3. The Maplewood City Council considered said plan amendment on October 10, 1983. The council considered reports and recommendations from the planning com- mission and city staff. 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 LSC designation will encourage the development of commercial services that are convenient to the residents of south Maplewood. 2. The tax base would be increased. 3. The RL designation recognizes the existing single dwellings. The above amendment is done with the understanding that a change back to residential would not be objectionable if the property owner requests it. Adopted this 10th day of October, 1983. Seconded by Councilmember Maida. Ayes - all. i. Councilmember Bastian moved R -m to R -1. Motion dies for lack of a second. 5.a. Rezoning: Lower Afton and McKnight Road - 8:00 P.M. (4 votes) a. Mayor Greavu convened the meeting for a public hearing regarding the proposed rezoning of the area in the southeast corner.of Lower Afton Road and McKnight Road from F - Farm Residence to SC, Shopping Center, R -3 multiple dwelling and R -1 resi- dence district (single family). - 9 - 10/10 b. Manager Evans presented the staff report. c. Commissioner Duane Prew presented the Planning Commission recommendation: "Commissioner Fischer moved the Planning Commission recommend that the City Council deny the proposed resolution on the basis that it is contrary to the Comprehensive Plan except the property at 2271 Londin Lane be rezoned to R -1. Commissioner Prew seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Pellish, Prew, Robens, Sigmundik, Sletten, Whitcomb." - 9a - 10 /10 d. Mayor Greavu called for proponents. The following were heard: Mr. Arnold Johnson, 2299 Londin Lane. e. Mayor Greavu called for opponents. The following were heard: Mr. Dick Mortenson, 2455 Londin Lane Mr. Phil Thomson, 2445 Londin Lane Mr. Bill Donovan, 2465 Londin Lane Mr. Mark LeClair, 346 McKnight Road Mr. Tom Olander, 2465 Londin Lane Mr. Gary Ketch, 328 McKnight Road Mr. Gary Johnson, 2445 Londin Lane Mrs. Lorraine Clasemore, 2485 Londin Lane. f. Mayor Greavu closed the public hearing. g. Mayor Greavu introduced the following resolution and moved its adoption: 83 -10 -173 WHEREAS, the City of Maplewood initiated a rezoning from F, farm residence to CO, Commercial Office shopping center for the following- described property: Unplatted lands, subject to old Lower Afton Road and McKnight Road and except south 450 feet to west 250 feet part of northwest 1/4 of northwest 1/4 of New Lower Afton Road in 12- 28 -22. The CO zone shall consist of the north 380 feet of the west 900 feet of the above property. In addition, the following- described parcel shall be rezoned from F to R -1: Unplatted Lands, East 124 1 /10 feet of the west 250 feet of the south 150 feet of the northwest 1/4 of the northwest 1/4 (subject to Londin Lane) in 12 -28- 22. These properties are also known as 2299 and 2271 Londin Lane, 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 of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commission on August 115!, 1983. The Planning Commission recommended to the City Council that said rezoning be denied. 3. The Maplewood City Council held a public hearing on October 10, 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. - 10 - 10 /10 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. 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 com- munity, where applicable, and the public welfare. 4. The proposed change would have a negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, police and fire protection and schools. Seconded by Councilmember Maida. Ayes - all. h. Councilmember Maida moved to waive the moratorium on R -3 rezonings for this site. Seconded by Mayor Greavu. Ayes - all. i. Councilmember Maida moved to rezone the property in question from F -Farm res- idence to RC -3 multiple we ings. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson and Maida. Nays - Councilmembers Bastian and Juker. j. Councilmember Maida moved to rezone the property in question from F -Farm Residence to R- 3- Multiple Dwellinq. Seconded by Mayor Greavu. H. UNFINISHED BUSINESS (continued) 2. Water Main Extension - VanDyke (4 votes) Ayes - Mayor Greavu, Councilmembers Anderson and Maida. Nays - Councilmembers Bastian and Juker. a. Councilmember Bastian moved to table this item until the meeting of November 14, 1983. Seconded by Councilmember Anderson. Ayes - all. I. NEW BUSINESS 1. Position Vacancies a. Manager Evans stated Council had approved an additional Public Safety Dispatcher in the 1984 Budget. We would like Council's permission to begin this position now along with filling an existing dispatcher position. 10 /10 There are several reasons why we would like to have both these appointments made at once, and they are: 1. We are currently understaffed on patrol by three officers. Two vacancies exist, and one officer is on extended injury status. 2. We currently have one existing vacancy for Public Safety Dispatcher. This has existed since June 29, 1983. 3. It would simplify training by allowing us both candidates at once. 4. The individual who is second on the dispatcher list is Reed Santa, who is on Worker's Comp as a result of an injury on the job in Community Services. The City is paving the cost during his time on Worker's Comp, and putting him in a working position would save us money in both an immediate and long range sense. b. Mayor Greavu moved to approve the hiring of the additional dispatcher that was included in the 1984 Budget and to fill the existing dispi vacant as recommended y the Manager. Seconded by Councilmember Bastian. Ayes - all. 2. Time Extension: Goff's Mapleview Addition a. Manager Evans presented the staff report. b. Councilmember Anderson moved approval of a one -year time extension for Phase II and a (up to five) year extsi— en one Go s Maplewood planned unit development and the remaining undeveloped portion of ,,e preliminary plat by the same name, on the basis that: 1. The construction of the Highway 61 Frontage Road is in progress. The Frontage Road will provide access to the southern portion of the applicant's site. 2. The applicant has made a good faith effort to develop the site in a timely manner. Seconded by Councilmember Bastian. Ayes - all. 3. Plan Amendment: County Road B, Birmingham Street and Cope Avenue (4 votes) a. Manager Evans presented the staff report. b. Commissioner Duane Prew presented the following Planning Commission recommendation: "Commissioner Fischer moved the Planning Commission forward the following resolution to the City Council: WHEREAS, the City of Maplewood initiated an amendment to the Maplewood compre- hensive plan from RM. residential medium density to RL, residential low density for the following described property: The easterly frontage lots on Birmingham Street and the southerly frontage lots on Cope Avenue between Cope Avenue, County Road B, Birmingham Street and the tracks. - 12 - 10 /10 NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD PLANNING COMMISSION that the above described plan amendment be approved on the basis that all of the lots, except one, are already developed with single dwellings. The amendment recognizes the existing homes, would avoid multiple dwellings on Birmingham Street and maintain the undeveloped land for multiples. This is consistent with the City's residential objectives of providing "a variety of housing types within neighborhoods." Commissioner Ellefson seconded. Ayes - Commissioner Barrett, Elelfson, Fischer, Hejny, Prew, Robens, Sigmundik, Whitcomb." c. Councilmember Anderson introduced the following resolution and moved its adoption: 83- 10- 174 WHEREAS, the City of Maplewood initiated an amendment to the Maplewood compre- hensive plan from RM, residential medium density to RL, residential low density for the following described property: The easterly frontage lots on Birmingham Street and the southerly frontage lots on Cope Avenue between Cope Avenue, County Road B, Birmingham Street and the tracks. WHEREAS, the procedural history of this plan amendment is as follows: 1. This plan amendment was initiated by the City of Maplewood. 2. The Maplewood Planning Commission held a public hearing on September 19, 1983, to consider this plan amendment. Notice thereof was published and mailed pur- suant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Planning Commission recommended to the City Council that said plan amendment be approved. 3. The Maplewood City Council considered said plan amendment on October 10, 1983. The Council considered reports and recommendations from the Planning Commission and City Staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above described plan amendment be approved on the basis that all of the lots, except one, are already developed with single dwellings. Seconded by Councilmember Maida. Ayes - all. 4. Plan Amendment: Larpenteur, Tracks and Ripley (4 votes) a. Manager Evans presented the staff report. b. Commissioner Duane Prew presented the following Planning Commission recommend- ation: "Commissioner Whitcomb moved the Planning Commission recommend to the City Council that the site remain RM, residential medium density for the reasons outlined in the staff report dated September 14, 1983. Commissioner Hejny seconded. Ayes - Commissioners Barrett, Ellefson, Fischer, Hejny, Prew, Robens, Sigmundik, Whitcomb." - 13 - 10 /10 c. Mr. Phil Oswald, owner of the property in question, spoke on behalf of the property remaining Rm. d. No action taken. 5. Conditional Use Permit Renewal: 1829 White Bear Avenue a. Manager Evans presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 83 10 - 175 WHEREAS, Dorothy Hejny of Hejny Rental initiated a conditional use permit to operate an equipment rental business in a neighborhood zoned for residential use property: Lots 11 and 12, Block 1, Garden Acres This property is also known as 1829 White Bear Avenue, Maplewood; 1. This conditional use permit was initiated by Dorothy Hejny, pursuant to the Maplewood Code of Ordinances. 2. This conditional use permit was approved by the Maplewood City Council on October 5, 1961. 3. The Maplewood City Council held a public hearing on July 24, 1980, and renewed the conditional use permit for three years subject to the following conditions: a. Dedication of 10.5 feet of additdonal right of way to accommodate the future expansion of White Bear Avenue. b. All vehicles and equipment shall be parked so as to maintain a 15 foot setback from the White Bear Avenue right of way. c. Within three months of renewal, an acceptable site plan shall have been submitted to the Community Design Review Board for lots 11 and 12, block 1, Garden Acres. The site plan shall be consistent with City site design requirements, commonly required by similar business e.g., a paved driveway and parking lot, curbing, landscaping, and screening. All permanent improve- ments are to be completed within three years of the date of this renewal. 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 conditional use permit be renewed approved for 5 years on the basis of the following findings of fact: 1. The use is in conformity with the city's comprehensive plan and with the purpose and standards of this chapter. 2. The establishment or maintenance of the use would not be detrimental to the public health, safety or general welfare. - 14 - 10/10 3. The use would be located, designed, maintained and operated to be compatible with the character of that zoning district. 4. The use would not depreciate property values. 5. The use would not be hazardous, detrimental or disturbing to present and potent- ial surrounding land uses, due to noises, glare, smoke, dust, odor, fumes, water pollution, water run -off, vibration, general unsightliness, electrical interference and other nuisances. 6. The use would generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area properties. 7. The use would be served by essential public services, such as streets, police, fire protection, utilities, schools and parks. S. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the city. 9. The use would preserve and incorporate the site's natural and scenic features into the development design. 10. The use would cause minimal adverse environmental effects. 11. The original permit and use were effective prior to the adoption of the existing code. 12. There have been no complaints received by the Department of Community Develop- ment concerning this business. Seconded by Councilmember Maida. Ayes - all. 6. Plan Review Procedures a. Manager Evans presented the staff report. b. No action taken. Building plans are to be submitted to Councilmember Anderson and Juker. 7. Ordinance on Mayors and Council Salaries - 1st Reading a. Manager Evans presented the staff report. b. Mayor Greavu moved first reading of an ordinance increasing the salary for the Mayor and Council as prespnte . Seconded by Councilmember Anderson. Ayes - all. 8. Redwoods of Willow Creek Tour a. Manager Evans stated the Council had requested to tour the "Redwoods of Willow Creek" in Shoreview with -the Planning Commission. Council asked the Planning Com- mission for a time convenient for them. The project is open Monday through Thursday until 8:00 p.m. - 15 - 10 /10 I would recommend a Thursday after work, perhaps October 27. b. The tour will be Thursday, October 27, 1983 at 5:30 P.M. 9. Wednesday Evening Court Sessions a. Manager Evans stated the Maplewood Clerk of Court's office has requested the discontinuation of Wednesday evening court. This has been reviewed and it would be the recommendation that rather than discontinue Wednesday night court altogether, it should be reduced to two nights a month, prefer- ably the second and fourth Wednesday nights. b. Councilmember Juker moved that the evening court sessions be established for the second and fourth Wednesday nights of each month. Seconded by Councilmember Anderson. Ayes - all. J. VISITOR PRESENTATIONS None. K. COUNCIL PRESENTATIONS 1. Highwood a. Councilmember Maida questioned what had happened regarding the Bill Popper drainage problem and also the request, for speed reduction on Highwood. b. Staff stated both items are being handled. 2. Police Contract a. Councilmember Anderson questioned why the police contracts were taking so long to be settled. b. Staff stated the matter had gone to arbitration and we are waiting for their answer. 3. Dog Ordinance a. Councilmember Anderson stated he was receiving calls regarding dogs running and especially on Monday mornings when the garbage bags are on the curb. b. Staff stated there was not any money in the budget for increasing the hours for the day patrol. 4. A.M.M. a. Councilmember Bastian reported on the A.M.M. and L.M.C. meetings. Councilmember Juker moved to extend the meeting past the deadline. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Maida. - 16 - 10 /10 Nay - Councilmember Bastian. ADMINISTRATIVE PRESENTATIONS 1. Williams Pipeline Easements a. Manager Evans presented the staff report. b. Mayor Greavu moved to authorize staff to ne otiate a hold harmless agreemen wi e i iams ipe ine pipeline ea s, a c. Seconded by Councilmember Bastian. Ayes - all. M. ADJOURNMENT 10:37 P.M. n 1-1-�, �Y6 II I. II . and l:o