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
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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."
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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.
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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.
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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.
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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.
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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
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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
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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:
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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
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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:
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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:
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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.
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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.
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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
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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
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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.
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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.
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IMMUM
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