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HomeMy WebLinkAbout09.26.83MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, September 26, 1983 Council Chambers, Municipal Building Meeting NO. 83 -24 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 7:02 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 Absent MaryL'ee Maida, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes No. 83 -19 (August 11, 1983) Councilmember Anderson moved to approve the Minutes of Meeting No. 83 -19 (August 11, 1983) as submitted. Seconded by Mayor Greavu. 2. Minutes No. 83 -20 (August 22, 1983) Ayes - Mayor Greavu, Councilmembers Anderson, and Maida. Councilmember Bastian abstained. Councilmember Anderson moved to approve the Minutes of Meeting No. 83 -20 (August 22, 1983) as corrected: Page 2 - Item C -c Acting Mayor Bastian. Seconded by Councilmember Maida. 3. Minutes No. 83 -21 (August 29, 1983) Ayes - Councilmembers Anderson, Bastian and Maida. Mayor Greavu abstained. Councilmember Bastian moved to approve the Minutes of Meeting No. 83421 (August 29, 1983) as submitted) Seconded by Councilmember Maida. D. APPROVAL OF AGENDA Ayes - Councilmembers Anderson, Bastian and Maida. Mayor Greavu abstained. Mayor Greavu moved to approve the Agenda as amended: 1. Slope Tour 2. Volunteerism 9/26 3. Frost Avenue 4. Consent Agenda 5. Criminal Code - Seconded by Councilmember Bastian. Ayes - all. E. CONSENT AGENDA Council removed Items E -2 and 3 to become Items I -4 and 5. Councilmember Anderson moved, seconded by Councilmember Bastian, Ayes - all, to approve the Consent Agenda Items 1 and 4 through 10 as recommended. 1. Accounts Payable Approved the accounts (Part I - Fees, Services, Expenses - Check Register dated Sept- ember 14, 1983 - $655,627.69; Part II - Payroll - Checks dated September 9, 1983 $61,034.15) in the amount of $716,661.84. 2. Renewal of Blue Cross -Blue Shield Contract See I -4. 3. Renewal of Group Health and Employees Benefit Plan See I -5 4. Final Plat - Hanover Hills Approved the Hanover Hills final plat to create six single dwelling lots at the south- west corner of County Road C and English. 5. Time Extension: Crestivew 3rd Addition Approved a one year time extension for the Crestview Third Addition subject to the original conditions. Resolution No. 83 -9 -159 WHEREAS, Marvin H. Anderson Construction Company initiated a conditional use permit for a planned unit development to construct 86 single dwellings and ten double dwellings (twenty units) at the following- described property: The SE 1/4 of the NW 1/4 of Section 12, Township 29, Range 22 WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was initiated by Marvin H. Anderson Construction Company, pursuant to the Mapfewood Code of Ordinances. 2. This conditional use permit was approved by the Maplewood City Council on November 1, 1979, based on the findings that: a. Double dwellings would provide a logical transition of land uses between the proposed single dwellings and the existing townhouses to the west. b. Double dwellings would support one of the goals in the Comprehensive Plan - to provide a "wide range of housing types." - 2 - 9/26 c. The overall density of the project would not exceed RL, low density standards. d. Double dwellings would be consistent with the city's Comprehensive Plan Approval is subject to the first building permit being obtained within one year of the date of approval of the Planned Unit Development by the City Council. 3. The Maplewood City Council held a public hearing and approved the conditional use permit pursuant to law. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above des- cribed conditional use permit be renewed for a period of six months on the basis of the original 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. 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 potential surrounding land uses, due to noises, glare, smoke, dust, odor, fumes, water pollution, water run -off, vibration, general unsightliness, electrical interfer- ence or 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. 8. 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. 6. Budget Change - Nature Center Approved the budget change of $350.00 within Nature Center Revenue and Nature Center Rental Internal (01- 4540 -64). 7. Budget Transfer Approved a budget transfer of $6,400.00 from Park Maintenance full time wages 01- 4010-62 to part time 01- 4020 -62. - 3 - 9/26 8. Liquor License - Holiday Inc. (Change of Managers) Approved the change of managers on the On Sale Intoxicating Liquor License from James Dowling to Richard Scott Richman. 9. Abatement of Penalties on Cancelled Assessments Resolution No. 83 -9 -160 WHEREAS, the City of Maplewood on August 24, 1976, assessed two parcels of land identified in Maplewood Projects No. 70 -5A and 71 -15 as parcels 57 00210 590 50 and 57 00210 610 50 owned by Lorraine M. Boehmer, now known as Lorraine M. Morgan, for certain street, D.P. No 1564, bridge, D.P. No 1581 and storm sewer, D.P No 1593, improvements and that said owner took timely appeals therefrom, to the Ramsey County District Court; WHEREAS, the City and fee owner entered into a Stipulation of Settlement and Dismissal dated December 29, 1982 whereunder the assessments levied for street, bridge and storm sewer were against each parcel reduced from $15,477.00 to $12,800.00; WHEREAS, the Stipulation of Settlement and Dismissal calls for effective date of the reduction to be August 24, 1976 with interest as originally determined running from that date and with the first payments due May 31, 1983; WHEREAS, it was the intention of the City in entering into the Stipulation of Settlement and Dismissal that the owner should not be liable for penalties and interest on penalties from the date of the assessment, August 24, 1976 through and including May 31, 1983. NOW, THEREFORE, be it resolved by the Council of the City of Maplewood, that pursuant to the terms and provisions of said Stipulation of Settlement and Dismissal as to Parcel Nos. 18 and 19, any and all penalties together with and including interest on penalties against said Parcels 18 and 19 from August 24, 1976 through and including May 31, 1983 be, and hereby are, abated and that the Maplewood City Clerk be, and hereby is, directed to take such action as is reasonable and necessary to effect said abatement as provided herein. 10. Final Plat - Bennington Woods Approved the Bennington Woods final plat to subdivide the site into seven parcels. E -A. RULES OF PROCEDURES: PLAN AMENDMENTS a. Mayor Greavu moved the following amendment to section 10b of the Rules of Pro- cedures: (b) Every ordinance and resolution shall be :!presented in writing and read in full at a Council meeting; provided, however, that the reading of an ordinance or resolution may be dispensed with by unanimous consent. Upon the vote on ordinances, resolutions and motions, the ayes and nayes shall be recorded unless the vote is unanimous. Upon the request of any member of the Council the vote shall be by roll call of all members of the Council as provided under DUTIES OF THE PRESIDING OFFICER in this resolution. A majority vote of all members of the Council shall be required for the passage of all ordinances, motions and resolut- ions except as otherwise provided by law and except that amendments to the com- prehensive plan shall require at least four votes in favor. Seconded by Councilmember Bastian. Ayes - all. - 4 - 9/26 F. PUBLIC HEARINGS 1. Plan Amendment: Holloway and Beebe - 7:00 P.M. a. Mayor Greavu convened the public hearing regarding a plan amendment from P -Park to RH residential high density to construct 36 quad units (nine buildings) at the southwest corner of Holloway and Beebe Road. b. Manager Evans presented the staff report. c. Commissioner Duane Prew presented the following Planning Commission recommend- ation: "Commissioner Fischer moved the Planning Commission forward the following resolut- ion to the City Council: WHEREAS, Sauro Realty and T.C. Builders initiated an amendment to the Maplewood Comprehensive Plan from P -Park to RH, Residential High Density, for the following described property: All that part of the West one half of the Southeast one quarter of Section 14, Township 29, North, Range 22 West of the Fourth Principal Meridian described as follows: Commencing at the Prthwest corner of said Southeast one quarter of Section 14, thence south 0 00' 45" West on an assumed bearing, along the West line of said Southeast one quarter a distance of 57.97 feet to the point of beginning of the land to be described; Thence South 100 47' 03" East a distance of 287.93 fee$; thence South 280 34'38" East a distance of 173.72 feet; thence North 51 23'26" East a distance of 167.76 feet; thence North'53 08'28" East a distance of 101.66 feet; thence North 67 30'50" East a distance of 86.86 beet; thence North 55 14'31" East a distance of 91.92 f6et; thence North 73 51'29" East a distance of 70.63 feet; thence North 89 44'25" East, parallel to the North line of said Southeast one quarter, a distance of 49.18 feet to a point distance 30.00 feet West of the bast line of said West one half of said Southeast one quarter; thence, north 0 09'56" East, and parallel with said East line of said West one half, a distance of 195.32 feet to a point 33.00 �eet South of the North line of said Southeast one quarter; thence South 89 44' 25" West, along a', line parallel to and 33.00 feet Southerly of said North dine of said Southeast one quarter, a distance of 592.23 feet; thence South 50 18'25" West, a distance of 39.27 feet to the point of beginning. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD PLANNING COMMISSION that the above described plan amendment be approved on the basis of the following findings of fact: 1. The property was declared excess by the school district and is of no need to the City for park property. 2. The proposed designation is compatible with the site and adjacent uses. 3. Approval would be consistent with Housing Plan goals for modest and moderate cost housing. - 5 - 9/26 4. Approval is based on the location and urnique conditions of this 4.2 acres and should in no way be construed as a precedent for the redesignation of the rest of the school district property. Commissioner Hejny seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Pellish, Prew, Sigmundik, Sletten, Whitcomb, Robens." d. Mayor Greavu called for proponents. The following were heard: Mr. John Sauro, Sauro Realty, spoke in favor. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Mayor Greavu introduced the following resolution and moved its adoption: 83 -9- 161 WHEREAS,Sauro Realty and T.C. Builders initiated an amendment to the Maplewood comprehensive plan from P -Park to RH, Residential High Density, for the following described property: All that part of the West one half of the. Southeast one quarter of Section 14, Township 29 North, Range 22 West of the Fourth Principal Meridian described as follows: Commending at �he Northwest corner of said Southeast one quarter of Section 14; thence South 0 00'45" West on an assumed bearing, along the West line of said Southeast one quarter a distance of 57.97 feet to the point of beginning of the land to be described; Thence South 10047'03" East a distance of 287.93 f8et; thence South 280 34'38" East a distance of 173.72 feet; thence North 51 23'26" East a distance of 167.76 feet; thence North 53 08'28" East a distance of 101.66 feet; thence North 67 30'50" East a distance of 86.86 beet; thence North 55 14'31" East a distance of 91.92 f8et; thence north 73 51'29" East a distance of 70.63 feet; thence North 89 44'25" East, parallel to the North line of said Southeast one quarter, a distance of 49.18 feet to a point distance 30.00 feet West of the Rst line of said West one half of said Southeast one quarter; thence North 0 09'56" East, and parallel with said East line of said West one half, a distance of 195.32 feet to a point 33.00 beet South of the North line of said Southeast one quarter; thence South 89 44'25" West, along a line parallel to and 33.00 feet Southerly of said North line of said Southeast one quarter, a distance of 592.23 feet; thence South 50018'25" West, a distance of 39.27 feet to the point of beginning. WHEREAS, the procedural history of this plan amendment is as follows: 1. This plan amendment was initiated by Sauro Realty and T. C. Builders. 2. The Maplewood planning commission held a public hearing on August 15, 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 approved. - 6 - 9/26 3. The Maplewood city council considered said plan amendment on September 26, 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 of the following findings of fact: 1. The property was declared excess by the school district and is of no need to the City for park property. 2. The proposed designation is compatible with the site and adjacent uses. 3. Approval would be consistent with Housing Plan goals for modest and moderate cost housing. Seconded by Councilmember Maida. Ayes - all. 2. Rezoning: Beebe and Holloway (4 votes) 7:00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request for a zone change from R -1 single dwelling to R -3 multiple dwelling at the south- west corner of Holloway and Beebe Road to construct nine quad structures. b. Manager Evans presented the staff report. c. Commissioner Duane Prew presented the following Planning Commission recommend- ation: "Commissioner Pellish moved the Planning Commission forward the following resolution to the City Council: WHEREAS, Sauro Realty and T.C. Builders initiated a rezoning from R -1 residence district (single dwelling) to R-3, residence district (multiple dwelling) for the following described property: All that part of the west one half of the southeast one quarter of Section 14, Township 29 North, Range 22 west of the Fourth Principal Meridian described as follows: Commencing at the northwest corner of said southeast one quarter of Section 14, thence south 0 °00'45" west on an assumed bearing, along the west line of said southeast one quarter a distance of 57.97 feet to the point of begin- ning of the land to be described; Thence south 10 °47'03" east a distance of 287.93 feet; thence south 28 °34' 38" east a distance of 173.79 Beet; thence north 51 °23'26" east a distance of 167.7d feet /thence north 53 08'28" east a distance of 101.2 feet; thence north 67 30'50" east a distance of 86.86 feet; thence north 55 14'31" east a distance of 91.92 f8et; thence north 73 051'29" east a distance of 70.63 feet; thence north 89 44'25" east, parallel to the north line of said southeast one quarter a distance of 49.18 feet to a point distance 30.00 feet west of the cast line of said west one half of said southeast one quarter; thence north 0 09'56" east and parallel with said east line of said west one half a distance of 195.32 "feet to a point 33.00 �eet south of the north line of said southeast one quarter; thence south 89944'25" west, along a line parallel to and 33.00 feet southerly of said north dine of said southeast one quarter, a distance of 592.23 feet; thence south 50 18125" west, a distance of 39.27 - 7 - 9/26 feet to the point of beginning. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD PLANNING COMMISSION that the above described rezoning be approved on the basis of the following findings of fact: 1. The proposed change is consistent with the Land Use Plan and spirit, intent and purpose of the zoning code. 2. The proposed change would not substantially injure or detract from the use or character of neighboring property. 3. The proposed use is in the best interest of the community, as it would provide additional modest cost housing opportunities, consistent with the Housing Plan goals. This approval is subject to approval of the plan amendment request for the same site from P, park to RH, residential high density. Commissioner Sletten seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Pellish, Prew, Robens, Sigmundik, Sletten, Whitcomb." d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilmember Basitan moved to waive the moratorium regardin zone chan es- from R -1 to R -3 based on the reasons that the property does not border residential properties, will have a detrimental impact on developer and does not have a detri- mental impact On the Dolicles Council hac actahlichp(I Seconded by Mayor Greavu. Ayes - all. h. Mayor Greavu introduced the following resolution and moved its adoption: 83 -9- 162 WHEREAS, Sauro Realty and T. C. Builders initiated a rezoning from R -1, residence district (single dwelling) to R -3, residence district (multiple dwelling) for the following described property: All that part of the west one half of the southeast one quarter of Section 14, Township 29 North, Range 22 west of the Fourth Principal Meridian described as follows: Commencing at the northwest corner of said southeast one quarter of Section 14; thence south 00 00' 45" west on an assumed bearing, along the west line of said southeast one quarter a distance of 57.97 feet to the point of be- ginning of the land to be described; Thence south 100 47' 03" east a distance of 287.93 feet; thence south 280 34' 38" east a distance of 173.79 feet; thence north 510 23' 26" east a distance of 101.26 feet; thence north 670 30'50" east a distance of 86.86 feet; thence north 550 14' 31" east a distance of 91.92 feet; thence north 730 51' 29" east a distance of 70.63 feet; thence north 890 44' 25" east, parallel to the north line of said southeast one quarter, a distance of 49.18 feet to a point distance 30.00 feet west of the east line of said west one half of said southeast one quarter; thence north 00 09' 56" east and parallel with - 8 - 9/26 said east line of said west one half a distance of 195.32 feet to a point 33.00 felt south of the north line of said southeast one quarter; thence south 89 44' 25" west, along a line parallel to and 33.00 feet southerly of said north lane of said southeast one quarter, a distance of 592.23 feet; thence south 50 18' 25" west, a distance of 39.27 feet to the point of beginning. WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by Sauro Realty and T.C. Builders pursuant to chapter 36, article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commission on August 15, 1983. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on September 26, 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 Land Use Plan and spirit, intent and purpose of the zoning code. 2. The proposed change would not substantially injure or detract from the use or character of neighboring property. 3. The proposed use is in the best interest of the community, as it would provide additional modest -cost housing opportunities, consistent with the Housing Plan goals. Seconded by Councilmember Maida. Ayes - all. 3. Plan Amendment: Lower Afton and McKnight - 7:15 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding a plan amendment from R -M residential medium density to SC service commercial, R -H residential High Density and R -L residential low density for the property at the SE corner of Lower Afton Road and McKnight Road. b. Manager Evans presented the staff report. c. Commissioner Duane Prew presented the following Planning Commission recom- mendation: "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: - 9 - 9/26 1. Not a good commercial decision. 2. The decision 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. Arnie Johnson, 2299 Londin Lane. e. Mayor Greavu called for opponents. The following were heard: Mr. Mark LeClaire, 3468 McKnight Road Mr. Ed Katzmaki, 3388 McKnight .:d. Mr. Gary Ketch, 328 S. McKnight Road Ms. Donna Drummong, St. Paul Planning Mr. Jerry Johnson, 2445 Londin Lane, representing Conemara Ms. Mary Gerber, Connemara f. Mayor Greavu moved to table this item until the October 10, 1983 meeti Seconded by Councilmember Maida. Ayes - Mayor Greavu, Councilmembers Anderson and Maida. Nays - Councilmember Bastian. 4. Rezoning: Lower Afton and McKnight (4 votes) a. Councilmember Maida moved to table this item until October 10, 1983. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson and Maida. Nays - Councilmember Bastian. 5. Rezoning: Parkway Drive - Woodmark - 7:30 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the rezoning of the property at 905 Parkway Drive (Maple Hills Golf Course and Parkway Office Buildings) from R -1, single residential and F Farm Residence to R -3 Multiple dwelling. b. Manager Evans presented the staff report. c. Commissioner Duane Prew presented the following Planning Commission recom- mendation: "Commissioner Pellish moved the Planning Commission waiving of the moratorium on rezoning from farm res to multiple for these parcels on the basis that the to multiple dwelling for the remainder of the Maple 4, 1983 and also recommend the following resolution Council: recommend to the City Council idence and single dwelling council approved a zone change Hills golf course on April be forwarded to the City - 10 - 9/26 WHEREAS, Woodmark, Inc. initiated a rezoning from R -1, residence district (single dwelling) and F, farm residence to R -3, residence district (multiple dwelling) for the following described properties: 1. That part of Lot 4, Moores Garden Lots lying between the west line of lot 27 and east of a line extended north to the Minneapolis and St. Paul and Sault St. Marie railroad right of way from the center of lot 30, block 1, Ufton Grove Second Plat. 2. That part of the west half of vacated Greenbrier Street lying between the easterly extension of the south line of lot 4, Moores Garden Lots and a line parallel to and 328.47 feet south of the south line of lot 4, Moores Garden Lots. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD PLANNING COMMISSION 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 community, where applicable, and the public welfare. 4. The proposed change would,have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Commissioner Sletten seconded. Ayes - Commissioners Axdahl, Barrett, Pellish, Prew, Robens, Sigmundik, Sletten." d. Mr. David Biggs, Woodmark, Inc., spoke on behalf of the proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Councilmember Anderson moved to waive the moratorium regarding rezoning, from R -1 to R -3 for this property as the property oes not a ut an - area. Seconded by Councilmember Maida. Ayes - all. i. Councilmember Anderson introduced the following resolution and moved its adoption: 83 -9- 163 WHEREAS, Woodmark, Inc. initiated a rezoning from R -1, residence district (single dwelling) and F -farm residence to R -3, residence district (multiple dwelling) for the following described properties: - 11 - 9/26 1. That part of Lot 4, Moores Garden Lots lying between the west line of lot 27 and east of a line extended north to the Minneapolis and St. Paul and Sault St. Marie railroad right of way from the center of Lot 30, Block 1 Ufton Grove Second Plat. 2. That part of the west half, of vacated Greenbrier Street lying between the easterly extension of the south line of Lot 4, Moores Garden Lots and a line parallel to and 328.47 feet south of the south line of Lot 4, Moores Garden Lots. WHEREAS, the procedural history of this rezoning is as follows: This rezoning was initiated by Woodmark, Inc.., pursuant to chapter 36, article VIII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Commission on 1983. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on September 26, 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. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Seconded by Councilmember Bastian. Ayes - all. 6. Conditional Use Permit: 1681 E. Cope Avenue 7:45 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request for a conditional use permit to construct a two story 3,737 square foot credit union office at 1681 E. Cope Avenue. b. Manager Evans presented the staff report. c. Commissioner Duane Prew presented the following Planning Commission recom- mendation: - 12 - 9/26 WHEREAS, the Sheet Metal Credit Union initiated a conditional use permit to construct an office in a M -1, light manufacturing zone at the following described property: Lots 1 through 4, Bronson's Subdivision, subject to roads and including the east half of vacated Kennard Street. This property is also known as 1661 E. Cope Avenue, Maplewood; NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD PLANNING COMMISSION that the above described conditional use permit be approved on the basis of the follow- ing findings of fact: 1. The use is in conformity with the city's comprehensive plan and with the purpose and standards of the zoning code. 2. The establishment and maintenance of the use would not be detrimental to the public health, safety or general welfare. 3. The use would be located and designed to be compatible with the character of the M -1 zoning district. 4. The use would not depreciate property values. 5. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to noises, glare, smoke, dust, odor, fumes, water pollution, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 6. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion, unsafe access or parking needs that would 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. B. 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. Approval is subject to the following conditions: 1. The Sheet Metal Workers Union Hall and the proposed Credit Union, shall be hooked up to separate utilities at the time of sale of property. A deed restriction should be placed on the property reflecting the required separation of utilities. 2. The Credit Union shall grant utility easements to the Sheet Metal Workers Union for the maintenance of those utilities on the Credit Union site. The easements shall be subject to the city engineer's approval. - 13 - 9/26 3. Reciprocal easements for the cross flow of traffic between the sites shall be provided prior to the issuance of a building permit. Commissioner Prew seconded. Ayes - Commissioners Axdahl, Barrett, Pellish, Prew, Robens, Sigmundik, Sletten." d. Mayor Greavu called for proponents. The following were heard: Mr. Al Lewiston, 2832 Southlawn, representing Sheet Metal Workers Association, Inc. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Mayor Greavu introduced the following resolution and moved its adoption: 83 - 9 - 164 WHEREAS, the Sheet Metal Credit Union initiated a conditional use permit to construct an office in a M -1, light manufacturing zone at the following de- scribed property: Lots 1 through 4, Bronson's Subdivision, subject to roads and including the east half of vacated Kennard Street. This property is also known as 1681 E. Cope Avenue, Maplewood; WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was initiated by the Sheet Metal Credit Union, pursuant to the Maplewood Code or Ordinances. 2. This conditional use permit was reviewed by the Maplewood Planning Commission on August 29, 1983. The Planning Commission recommended to the City Council that said permit be approved. 3. The Maplewood City Council held a public hearing on September 26, 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 conditional use permit be approved 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 „the zoning code. 2. The establishment and maintenance of the use would not be detrimental to the public health, safety or general welfare. 3. The use would be located and designed to be compatible with the character of the M -1 zoning district. 4. The use would not depreciate property values. - 14 - 9/26 5. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to noises, glare, smoke, dust, odor, fumes, water pollution, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 6. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion, unsafe access or parking needs that would cause undue burden to the area properties. 7. The use would be served by essential public services, such as streets, policy, 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. Approval is subject to the following conditions: 1. The Sheet Metal Workers Union Hall and the proposed Credit Union, shall be hooked up to separate utilities. 2. The Credit Union shall grant utility easements to the Sheet Metal Workers Union for the maintenance of those utilities on the Credit Union site. The easements shall be subject to the city engineer's approval. 3. Reciprocal easements for the cross flow of traffic between sites shall be provided prior to the issuance of a building permit. Seconded by Councilmember Maida. Ayes - all. G. AWARD OF BIDS 1. Long Term Disability a. Manager Evans presented the staff report. b. Mayor Greavu moved to award the bid for long term disability insurance to Canada Life Assurance Company roa two year contract based upon its —bid per of monthly indemnity. Seconded by Councilmember Maida. Ayes - all. 2. Sale of Vehicles a. Manager Evans presented the staff report. b. Councilmember Anderson moved to approve the highest bid for the following: '75 Ford 1 Ton Dump $2575.00 '77 Dodge Aspen 1477.00 '76 Chev. 1/2 T Pickup 1355.00 - 15 - 9/26 Seconded by Councilmember Bastian., Ayes - all. UNFINISHED BUSINESS 1. Code Amendment: Environmental Protection Ordinance - 2nd Reading a_ Manager Evans presented the staff report. b. Councilmember Maida moved to table this item until October 24, 1983 meeting or until the slope tour has been taken. Seconded by Councilmember Bastian. Ayes - all I. NEW BUSINESS 1. Plan Amendment: Stillwater Road a. Manager Evans presented the staff report. b. Commissioner Duane Prew presented the following Planning Commission recommend- ation: "Commissioner Prew moved the Commission table any consideration of changing the Plan until reconstruction of Stillwater Road is complete. Commissioner Robens seconded. Ayes - Commissioners Axdahl, Barrett, Pellish, Prew, Robens, Sigmundik, Sletten." c. Mayor Greavu asked if anyone in the audience wished to be heard. The following residents expressed their opinions: Mr. Bernard Pazera, 2315 E. Stillwater Road Mrs. Julie Englebretson, representing her mother, Mrs. Albert Lepsche d. No action taken. 2. Code Amendment: Parking Lots a. Manager Evans presented the staff report with the recommendation that the Council adopt the proposed parking ordinance amendment reducing the minimum stall width and length and creating an ordinance requirement for continuous concrete curbing around parking lots. b. Commissioner Duane Prew presented the following Planning Commission recom- mendation: "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." c. Councilmember Anderson moved first reading of an ordinance amending the parking ordinance - 16 - 9/26 reducing the minimum stall width and length, and create an ordinance requir Seconded by Councilmember Maida. Ayes - all. 3. Code Amendment: M -1 Zone - Offices a. Manager Evans presented the staff report with the recommendation to initiate a code amendment to allow office uses in an M -1 zone as a permitted use. b. Councilmember Anderson moved first reading of an ordinance to allow office uses in an M -1 zone as a permitted use. Seconded by Councilmember Maida. Ayes - all. 4. Renewal of Blue Cross a. Manager Evans presented the staff report. b. Councilmember Bastian moved that the existing one year contract for employee insurance with Blue Cross /Blue Shield be renewed or one year with the a ition of the AWARE program. Seconded by Councilmember Anderson. Ayes - all. 5. Renewal of Group Health and Employees Benefit Plan a. Manager Evans presented the staff report. b. Councilmember Bastian moved that the existing one year contracts for employee insurance be renewed, as Presented. with roux Health Plan and EMDIovees--Fe­n`eT—it an. Seconded by Councilmember Maida. Ayes - all. J. VISITOR PRESENTATION 1. Mr. James Tansey, 1654 Frost Avenue a. Mr. Tansey wished to discuss his Frost Avenue assessment. He feels he was unfairly assessed. b. City Attorney stated Mr. Tansey has the right to appeal to District Court. K. COUNCIL PRESENTATIONS 1. Slope Tours a. Councilmember Maida stated the slope tour scheduled for September 27, 1983 is rescheduled for Friday, October 14, 1983 at 9:30 A.M. 2. Volunteerism a. Councilmember Maida reported on the volunteer seminar held last Thursday. - 17 - 9/26 3. Frost Avenue a. Councilmember Anderson stated Frost Avenue has been striped for four lanes. It should be for two lanes plus parking lanes. b. Staff will contact Ramsey County to request parking lane striping. 4. Consent Agenda a. Councilmember Anderson stated items that are pulled off of the.Consent Agenda are placed at the end of the meeting. Couldn't the item be discussed at the time of the Consent Agenda. b. Council stated if it is a short discussion it could be held at the time of the Consent Agenda. If the discussion becomes lengthy the item will be removed and placed under New Business. 5. Criminal Code a. Councilmember Bastian stated the Misdemeanor Code has been changed. b. Councilmember Bastian moved to suspend the Rules of Procedures to discuss and take action on the change in the Misdemeanor Code. (First and Seco—n-d7—ea of an Ordinance). Seconded by Mayor Greavu. Ayes - all. c. Councilmember Bastian moved first reading of an ordinance amending Section 20.2 of the Offense Chapter. Seconded by Mayor Greavu. Ayes - all. d. Councilmember Bastian introduced the following ordinance and moved its adoption: ORDINANCE NO. 552 An Ordinance Amending Chapter 20, Section 20 -2 and Chapter 1, Section 1 -12 The Maplewood City Council Hereby Ordains as follows: Section 1. Section 20 -2 (State Misdemeanor Adopted) a. All the provisions of the state statutes, as of August 1, 1983, regarding crimes and offenses considered as midemeanors are hereby incorporated by refer- ence and made a part of this - chapter as completely as if set forth herein, in- cluding any variations, changes, amendments or additions thereto made by the state legislature in the future regarding the aforesaid crimes and offenses. Section 2. Section 1 -12 (Same - State Statutes, laws, rules, etc. amendments changes, etc.) In the event that any state statute, law, rule or regulation is adopted and incorporated by reference in this Code or in any other ordinance of the city, the city council shall take official notice of all variations, changes, amendments or additions thereto made by the state legislature, a state agency or other 18 - 9/26 appropriate state official, in the same manner that the courts of this state take judicial notice thereof, and in the event that the city council does not pass any ordinance signifying that it does not want to adopt any such variation, change, amendment or addition within sixty (60) days after same becomes law. Section 3. This ordinance shall take effect upon its passage and publication. Seconded by Mayor Greavu. Ayes - all. L. ADMINISTRATIVE PRESENTATIONS None. M. ADJOURNMENT 10:03 P.M. �.. . i .� IMMUM - 19 - 9/26