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HomeMy WebLinkAbout02.27.84MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, February 27, 1984 Council Chambers, Municipal Building Meeting No. 84 -04 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 7:01 P.M. by Mayor Greavu. B. ROLL CALL C John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present MaryLee Maida, Councilmember Present Michael T. Wasiluk, Councilmember Present APPROVAL OF MINUTES 1. Minutes No. 84 -02 (February 13, 1984 & February 16, 1984) Councilmember Anderson moved to approve the Minutes No. 84 -03 (February 13, 1984 and February 16, 1984) as submitted. Seconded by Councilmember Bastian. APPROVAL OF AGENDA Ayes - all. Mayor Greavu moved to approve the Agenda as amended: 1. Cable T.V. 2. 3M Meetina 3. Commission Meetings 4. Ordinance - Exotic Dancers 5. Dump Site Meetings 6. Minnesota Municipal Legislative Committee Meeting 7. Storm Water Overflow 8. Reconsideration 9. Meeting with Attorney Seconded by Councilmember Maida. CONSENT AGENDA Ayes - all. Councilmember Anderson moved, secgnded by Councilmember Bastian, Ayes all, to approve the Consent Agenda Items 1 and 2 as recommended: 1. Accounts Payable Approved the accounts (Part I - Fees, Services, Expenses, Check register dated February 15, 1984 - $90,139.02: Part II, Payroll Check dated February 10, 1984 - $61,579.12) in the amount of $151,718.14: - 1 - 2/27 2. E.M.T. Instructor Pay Approved EMT Instructor pay to be paramedics be paid at time and one half rate and the lay instructors be paid at the rate of 74% of the top police officer time and one half rate which at the present rate of pay would be $14.95 per hour. F. PUBLIC HEARINGS 1. 7:00 P.M. - Rezoning: Maryland to Lakewood a. Mayor Greavu convened the meeting for a public hearing regarding the proposed rezoning of the south side of Maryland Avenue between Lakewood Drive and Sterling Street from F -Farm Residence to R -3 Multiple Dwelling. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. c. Commissioner Dorothy Hejny presented the following Planning Commission report: "Commissioner Prew moved the Planning Commission forward the following resolution to the City Council: WHEREAS, the City of Maplewood initiated a rezoning from F, farm residence to R -3, multiple for the following described property: Lots 5, 6, 7 and 8, Block 1, the north 224 feet of Lots 5 and 6, and all of Lots 7 and 8, Block 2, Beaver Lake Addition. 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 the 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 place 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 chance would have no negative effect upon the logical, effic- ient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Commissioner Hejny seconded. ° Ayes - Commissioners Axdahl, Fischer, Hejny, Pellish, Prew, Robens, Sigmundi;k, Sletten, Whitcomb." d. Mr. Richard Schreier, 2125 Desoto Street, co -owner of the property, spoke on behalf of his proposal. ,e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. The following were heard: - 2 - 2127 Frances Dreawves, 1060 Lakewood Mark Doehling, 1115 Sterling (read a letter from the resident of 1116 Sterling) Mrs. K.M. Peterson, 1085 Mary Harry Zacho, White Bear Lake, Minnesota. g. Mayor Greavu closed the public hearing. h. Mayor Greavu introduced the following resolution and moved its adoption: WHEREAS, the City of Maplewood initiated a rezoning from F, Farm residence to R -3, multiple for the following described property: Lots 5, 6, 7 and 8, Block 1, the North 224 feet of Lots 5 and 6, and all of Lots 7 and 8, Block 2, Beaver Lake Addition 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 January 16, 1984. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on February 27, 1984, 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: 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, effic- ient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Seconded by Councilmember Wasiluk. Ayes - all. 2. 7:15 P.M., Plan Amendment and Rezoning: Frost and English - 3 - 2/27 a. Mayor Greavu convened the meeting for a public hearing regarding proposed zone change from M -2 Heavy Manufacturing to BC Business - Commercial R -3 Multiple Dwelling R -2 Double Dwelling the property located at the southwest corner of Frost Avenue and English Street. b. Manager Evans presented the staff report. c. Commissioner Dorothy Hejny presented the following Planning Commission report: "Commissioner Pellish moved the Planning Commission forward the following resolut- ions to the City Council: WHEREAS, the City of Maplewood initiated an amendment to the Maplewood Com- prehensive Plan from SC, service commercial to RM, residential medium density for the northwest corner of English Street and Frisbie Avenue. 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. It is not economically feasible to develop this whole site residentially. 2. Additional residential density will compensate for the loss of density in other areas of the city from plan amendments in the last year. 3. RM development would make a better buffer for the homes on Frisbie Avenue, than SC development; and WHEREAS, the City of Maplewood initiated rezonings for the following described property: Unplatted Lands, subject to streets and avenues, the north 990 feet of the NE 1/4 of the SE 1/4 of Section 16, Township 2.9, Range 22. This property is located at the southwest corner of English Street and Frost Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD PLANNING COMMISSION that the above described property be rezoned as follows: 1. The north 500 feet of the east 730 feet shall be rezoned BC, business commercial. 2. The north 760 feet of the east 990 feet, except the north 500 feet of the east 730 feet shall be rezoned R -3, multiple dwellings. 3. The balance of the property shall be rezoned R -2, double dwellings. The above rezonings are 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 the.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. - 4 - 2127 J. 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, effic- ient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools, Commissioner Ellefson seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson, Hejny, Peliish, Robens, Sletten, Whitcomb. d. Mr. Keith Schoauist, architect, spoke in behalf of the proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. The following were heard: Carl Grill, 1280 Frisbie Robert Shamly, 1264 Frisbie Mrs. Shamly, 12.64 Frisbie. g. Mayor Greavu closed the public hearing. h. Councilmember Anderson introduced the following resolution and moved its adoption: (Plan Amendment) 84 - 2— 35 WHEREAS, the City of Maplewood initiated an amendment to the Maplewood compre- hensive plan from SC, service commercial to RM, residential medium density for the northwest corner of English Street and Frisbie Avenue. 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 February 6, 1984 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. 3. The Maplewood City Council considered said plan amendment on February 27, 1984. 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. It is not economically feasible to develop this whole site residentially. 2. Additional residential density will compensate for the loss of density in other areas of the City from plan amendments in the last year. 3. RM development would make a better buffer for the homes on Frisbie Avenue, than SC development. - 5 - 2127 Seconded by Councilmember Maida. Ayes - all. i. Councilmember Anderson introduced the following resolution and moved its adoption: (Rezoning) E:� l WHEREAS, the City of Maplewood initiated rezonings for the following described property: Unplatted Lands, subject to streets and avenues, the north 990 feet of The NE 1/4 of the SE 1/4 of Section 16, Township 29, Range 22. This property is located at the southwest corner of English Street and Frost Avenue. 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 February 6, 1984. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on February 27, 1984 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 MAPLE1400D CITY COUNCIL that:.the above described property be rezoned as follows: 1. The north 500 feet of the east 730 feet shall be rezoned BC, business commercial. 2. The north 760 feet of the east 990 feet, except the north 500 feet of the east 730 feet shall be rezoned P. -3, multiple dwellings. 3. The balance of the property shall be rezoned R -2, double dwellings. The above rezonings are 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. - 6- 2/27 4. The proposed change would have no negative effect upon the logicaj, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Seconded by Councilmember Maida. Ayes - all. 3. 7:30 P.M. - Rezoning: 1905 Radatz to White Bear Avenue a. Mayor Greavu convened the meeting for a public hearing for a proposed rezoning from F Farm Residence to LBC Limited Business Commercial, the property on Radatz Avenue, 1905 Radatz east to White Bear Avenue. b. [Manager Evans presented the staff report. c. Commissioner Dorothy Hejny presented the following Planning Commission recom- mendation: "Commissioner Whitcomb moved the Planning Commission forward the following resolut- ion to the City Council: WHEREAS, the City of Maplewood initiated a rezoning from F, farm residence to LBC, limited business commercial for the following described properties: Except the north 505 feet and except the west 1685 feet, that part of the St! 1/4 of Section 2, Township 29, Range 22 north of Radatz Avenue and west of White Bear Avenue. Also known as 2829 White Bear Avenue. Except the north 305 feet, the east 100 feet of the wrest 1685 feet of the SW 1/4 of Section 2, Township 29, Range 22 lying north of Radatz Avenue. Also known as 1927 Radatz Avenue. Except the north 305 feet, the east 140 feet of the west 1585 feet of that part of the S W 1/4 of Section 2, Township 29, Range 22 lying north of Radatz Avenue. 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, effic- ient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Commissioner Ellefson seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson, Hejny, Pellish, Robens, Sletten, Whitcomb." - 7 - 2127 d. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following persons voiced their opinions: Mrs. Jordon, 1905 White Bear Avenue Mr. Richard Leko, 1890 Radatz Mrs. Linda Rademacher, 1910 Radatz Avenue Mrs. Jeanne Todd, 2800 White Bear Avenue Mrs. Donna Lynch, 1900 Radatz Avenue Mrs. Nora Germain, 1851 Radatz Avenue Mrs. Esther Schoenberger, 2811 White Bear Avenue Mr. Robert Heinbuck, 2847 White Bear Avenue Mr. Donald Patwell, 1927 Radatz Avenue e. Mayor Greavu closed the public hearing. f. Councilmember Anderson introduced the following resolution and moved its adoption: 84 -2 -37 WHEREAS, the City of Maplewood initiated a rezoning from F, farm residence to LBC, limited business commercial for the following described properties: Except the north 505 feet and except the west 1685 feet, that part of the SW 1/4 of Section 2, Township 29, Range 22 north of Radatz Avenue and west of White Bear Avenue. Also known as 2829 White Bear Avenue Except the north 305 feet, the east 100 feet of the west 1685 feet of the SW 1/4 of Section 2, Township 29, Range 22 lying north of Radatz Avenue. Also known as 1927 Radatz Avenue 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 VIT of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commission on February 6, 1984. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on February 27, 1984, to consider this rezoning. Notice thereof was published and mailed pursuant to law. A11 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 the 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. - 8 - 2/27 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. 4. Rezoning: Beam Avenue East of White Bear Avenue. a. Mayor Greavu convened the meeting for a public hearing regarding a request of Mr. Paul Stifter for a zone change from F, farm residence to R -2, double - dwelling, the property on Beam Avenue east of 2029 - 2031 Beam Avenue. b. Manager Evans presented the staff report. C. Commissioner Dorothy Hejny presented the following Planning Commission recommendation: "Commissioner Barrett moved the Planning Commission forward the following reso- lution to the City Council: WHEREAS, Paul Stifter initiated a rezoning from F, farm residence to R -2, residence district (double dwelling) for the following- described property: The N 112 of the East 100 feet of the West 320 feet of the NW 1/4 of the NW 1/4 of the SE 1/4 of Section 2, Township 29, Range 22, except the North 33 feet thereof. 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 from the character of the neighborhood, and that the use of the property adjacent to the area included in the pro- posed 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 Hejny seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson, Hejny, Pellish, Robens, Sletten, Whitcomb" d. Mr. Paul Stifter, 1758 Bohland, the applicant, spoke on behalf of this request. - 9 - 2/27 e. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following were heard: Mr. Al Harmon, 2045 Radatz Avenue Mrs. Mary Harmon, 2045 Radatz Avenue f. Mayor Greavu closed the public hearing. g. Couucilmember Maida introduced the following resolution and moved its adoption: 84 -2 -38 WHEREAS, Paul Stifter initiated a rezoning from F, farm residence to R -2 residence district (double dwelling) for the following- described property: The N 112 of the East 100 feet of the West 320 feet of the NW 1/4 of the NW 1/4 of the BE 1/4 of Section 2, Township 29, Range 22, except the North 33 feet thereof. WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by Paul Stifter, pursuant to chapter 36, article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commission on February 6, 1984. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on February 27, 1984, 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. - 10 - 2/27 5. 8:00 P.M. - Rezoning and Variances - Fenton and Jackson. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Mr. Richard Miller for a rezoning of the northwest corner of Fenton Avenue and Jackson Street from R -1, single dwelling, to R -2, double dwelling, and for a lot frontage variance of 25.51 feet and a variance for a 10 foot front yard setback. b. Manager Evans presented the staff report. c. Commissioner Dorothy Hejny presented the following Planning Commission recommendation: "Commissioner Pellish moved the Planning Commission forward the following resolution to the City Council: WHEREAS, Richard Miller initiated a rezoning from P,, -1, single dwelling residential to R -2, double dwelling residential for the following - described property: Lot 15, Block 1, Roinestad's Thompson Park This property is also known as the northwest corner of Fenton Avenue and Jackson Street, Maplewood; 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 the neighboring property or from the character of the neighbor- hood, 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. Q. 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, and WHEREAS, Richard Miller applied for a variance for the following - described property: Lot 15, Block 1, Roinestad's Thompson Park This property is also known as the northwest corner of Fenton Avenue and Jackson Street, Maplewood; WHEREAS, section 36 -70 of the Maplewood Code of Ordinances requires thirty feet as the minimum front setback; WHEREAS, the applicant is proposing a front setback of twenty feet, requiring a variance of ten feet; - 11 - 2/27 WHEREAS, section 36 -88 (c) of the Maplewood Code of Ordinances requires that the minimum lot width for a corner lot be at least 100 feet; WHEREAS, the applicant is proposing a lot width of 74.49 feet, requiring a variance of 25.51 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: 1. Strict enforcement would cause undue hardship since no additional land can be obtained from the lot to the north to increase the lot width. 2. The width of the lot is in character with other lots in the neighborhood. 3. The building would line up with the house to the west. 4. The variance would be in keeping with the spirit and intent of the ordinance since the sight lines along Fenton Avenue and Jackson Street would not be affected. 5. Council previously approved a lot width and setback variance for the house to the west. Commissioner Sletten seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson,'Hejny, Pellish, Robens, Sletten, Whitcomb." d. Mr. Richard Miller, the applicant, spoke on behalf of his 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 Wasiluk introduced the following resolution and moved its adoption: 84 -2 -39 WHEREAS, Richard Miller initiated a rezoning from R -1, single dwelling residential to R -2, double dwelling residential for the following described property: Lot 15, Block 1, Roinestad's Thompson Park This property is also known as the northwest corner of Fenton Avenue and Jackson Street, Maplewood; WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by Richard Miller, pursuant to chapter 36 article VII of the Maplewood Code of Ordinance. 2. This rezoning was reviewed by the Maplewood Planning Commission on February 6, 1984. The Planning Commission recommended to the City Council that said rezoning be approved. - 12 - 2/27 3. The Maplewood City Council held a public hearing February 27, 1984, 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 Anderson. Ayes - all. i. Councilmember Wasiluk introduced the following resolution and moved its adoption: 84 -2 -40 WHEREAS, Richard Miller applied for a variance for the following- described property: Lot 15, Block 1, Roinestad's Thompson Park This property is also known as the northwest corner of Fenton Avenue and Jackson Street, Maplewood; WHEREAS, section 36 -70 of the Maplewood Code of Ordinances requires thirty feet as the minimum front setback; WHEREAS, the applicant is proposing a front setback of twenty feet, requiring a variance of ten feet; WHEREAS, section 36 -88 (c) of the Maplewood Code of Ordinances requires that the minimum lot width for a corner lot be at least 100 feet; WHEREAS, the applicant is proposing a lot width of 74.49 feet, requiring a variance of 25.51 feet; WHEREAS, the procedural history of this variance is as follows: - 13 - 2/27 1. This variance was applied for on January 19, 1984. 2. This variance was reviewed by the Maplewood Planning Commission on February 6, 1984. The Planning Commission recommended to the City Council that said variance be approved. 3. The Maplewood City Council held a public hearing on February 27, 1984, to consider this variance. 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 variance be approved on the basis of the following findings -of -fact: 1. Strict enforcement.. would cause undue hardship since no additional land can be obtained from the lot to the north to increase the lot width. 2. The width of the lot is in character with other lots in the neigh- borhood. 3. The building would line up with the house to the west. 4. The variance would be in keeping with the spirit and intent of the ordinance since the sight lines along Fenton Avenue and Jackson Street would not be affected. 5. Council previously approved a lot width and setback variance for the house to the west. Seconded by Councilmember Anderson. Ayes - all. 6. 8:15 P.M. - Sign Height Variance: Cub Foods a. Mayor Greavu convened the meeting for a public hearing regarding the request of Cub Foods for a sign height variance for two signs of five feet each at 100 W. County Road B. b. Manager Evans presented the staff report. c. Board Member George Rossbach presented the following Community Design Review Board report: "Board Member Deans moved the Board recommend denial of the sign height variances of five feet for the two proposed Cub Food Store pylons signs, on the basis that: 1. There are not any physical characteristics unique to the property which would cause an undue hardship if the code is complied with. 2. There is ample landscaped area in which the signs could be placed at their proposed height and still meet the required fifteen -foot setback without loss of any parking spaces. - 14 - 2/27 3. Approval of a five -foot height variance for the proposed signs would be contrary to the spirit and intent of the ordinance. Conforming signs of 25 -feet tall would be easily visible from County Road B and Rice Street at the proposed locationc.st';the_,property line. Board Member Peterson seconded. Ayes - all." d. Mr. Tom Thueson, representing Cub Foods, spoke on behalf of the request. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Councilmember Bastian moved to deny the request of Cub Foods for a 5 -foot sign height variance for two signs based on the staff and Community Design Review Board's recommendations. Seconded by Council-member Wasiluk. Ayes - all F. AWARD OF BIDS None. H. UNFINISHED BUSINESS 1. Variance: 1750 English Street a. Manager Evans presented the staff report. b. Commissioner Dorothy Hejny presented the following Planning Commission recom- mendation: "Commissioner Fischer moved the Planning Commission forward the following resolution to the City Council: WHEREAS, Loren Harrison applied for a variance for the following - described property: The south 50 feet of the north 225 feet of part south of Lot 8, Block 4, Gladstone Plat 3 of west 158 feet of SW 1/4 of SW 1/4 together with ex sd west 158 feet and ex north 175 feet of south of sd lot 8 and ex S 767 feet 5/100 feet part W of NP RY R/W of sd 1/4 1/4, all in Section 15, Township 29, Range 22. This property is also known as 1950 English Street, Maplewood; 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: 1. Denial would not serve a public purpose. 2. The request is consistent with the spirit and intent of the zoning code, in that, the structure would be compatible with existing - 15 - 2/27 neighborhood dwellings and the floor plan would provide for adequate living area. 3. The applicant would be caused a value hardship if required to expand the proposed dwelling due to the unique age, style and orientation of the existing dwellings in this neighborhood. Commissioner Sletten seconded. Ayes - Commissioners Axdahl, Fischer, Hejny, P61lish, Prew, Robens, Sigmundik, Sletten, Whitcomb c. Councilmember Anderson introduced the following resolution and moved its adoption: 84 -2 -41 WHEREAS, Loren Harrison applied for a variance for the following- described property: The South 50 feet of North 225 feet of part S of Lot 8, Block 4, Gladstone Plat 3 of West 158 feet of SW 1/4 of SW 1/4 together with ex ad West 158 feet and ex North 175 feet of S of ad Lot 8 and ex S 767 feet 56/100 feet part W of NP BY R/W of ad 1/4 1/4, all in Section 15, Township 29, Range 22. This property is also known as 1750 English Street, Maplewood; WHEREAS, section 36 -67 of the Maplewood Code of Ordinances requires 950 square feet as the minimum floor area for a one -story dwelling; WHEREAS, the applicant is proposing 896 square feet requiring a variance of 54 square feet; WHEREAS, the procedural history of this variance is as follows: 1. This variance was applied for on November 17, 1983. 2. This variance was reviewed by the Maplewood Planning Commission on January 16, 1984. The Planning Commission recommended to the City Council that said variance be approved. 3. The Maplewood City Council held a public hearing on February 27, 1984, to consider this variance. 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 state- ments. 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. Denial would not serve a public purpose. 2. The request is consistent with the spirit and intent of the zoning code, in that, the structure would be compatible with existing neighborhood dwellings and the floor plan would provide for adequate living area. - 16 - 2/27 2 3 3. The applicant would be caused a value hardship if required to expand the proposed dwelling due to the unique age, style and orientation of the existing dwellings in this neighborhood. Seconded by Councilmember Bastian. byes - all Change in Departmental Name (2nd Reading) a. Councilmember Bastian introduced the following ordinance and moved its adoption: ORDINANCE NO. 536 AN ORDINANCE AMENDING CHAPTER 11 OF THE MAPLEWOOD CITY CODE THE CITY COUNCIL OF THE CITY OF MAPLEWOOD HEREBY ORDAIN AS FOLLOWS: Section 1: Chapter 11, Sections 1 through 12, is hereby amended to delete the word preparedness where -- ever °it - appears in said sedtions- and to insert in lieu thereof, the word services. Section 2: This shall take effect upon adoption and publication. Passed by the City Council of the City of Maplewood, Minnesota, this 27th day of February, 1984• Seconded by Mayor Greavu. Ayes - all. 1953 - Capitol Outlay Carryover - Emergency Services a. Councilmember Bastian moved to accept and approve the repor of Emergency Preparedness regardine the carryover of canitol ou Seconded by Mayor Greavu. Ayes - all. 4. Revised Joint Powers Agreement - M.L.C. a. Manager Evans presented the staff report. b. Councilmember Wasiluk moved to approve the revised Agreement Establishing a Municipal Legislative Commiss 0 Seconded by Councilmember Maida. Ayes - all. I. NEW BUSINESS 1. ,Plan Amendment - Larpenteur and Agate a. Manager Evans presented the staff report. - 17 - 2/27 M of the Director rative on is b. Commissioner Dorothy Hejny presented the following Planning Commission recommendation: "Commissioner Whitcomb moved the Planning Commission forward the following resolution to the City Council: WHEREAS, the City of Maplewood initiated an amendment to the Maple- wood Comprehensive Plan from RL, residential lower density to RH, residential high density for the following described properties: Lots 11 and 12, Block 2 and Lots 30 - 32, Block 5, City Heights Addition, Section 18, Township 29, Range 22 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 existing multiple and double dwellings are compatible with this location and abutting properties. 2. The Land Use Plan must be amended to provide a clear statement of the City's intentions to permit multiple and double dwellings at this location. Commissioner Hejny seconded Ayes - Commissioners Axdahl, Barrett, Ellefson, Hejny, Pellish, Robens, Sletten, Whitcomb c. Councilmember Bastian introduced the following resolution and moved its adoption: 84 -2 -42 WHEREAS, the City of Maplewood initiated an amendment to the Maplewood Comprehensive Plan from RL, residential lower density to RH, residential high density for the following described properties: Lots 11 and 12, Block 2 and Lots 30 -32, Block 5, City Heights Addition, Section 18, Township 29, Range 22 This property is more commonly described as 145, 163 -165 and 177 Larpenteur Avenue. 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 February 6, 1984, 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. 3. The Maplewood City Council considered said plan amendment on February 27, 1984. The Council considered reports and recommendations from the Planning Commission and city staff. - 18 - 2/27 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 existing multiple and double dwellings are compatible with this location and abutting properties. 2. The Land Use Plan must be amended to provide a clear statement of the City's intentions to permit multiple and double dwellings at this location. Seconded by Councilmember Maids. Ayes - all. 2. Plan Amendment - Radatz, West of White Bear Avenue a. Manager Evans presented the staff report. b. Councilmember Bastian moved to table this item for further investigation. Seconded by Mayor Greavu. Ayes - all. 3. City Council /H.R.A. Joint Meeting a. Council directed the staff to notify the H.R.A. that they could meet with them April 26, 1984, or April 30, 1984. 4. H.R.C. Appointments a. Councilmember Maida moved to reappoint Sister Claire Lynch and Patricia Williamson to full terms of three years to the Human Relations Commission. Seconded by Councilmember Bastian. Ayes - all. 5. Wage and Salary Contracts a, Mayor Greavu moved to approve the Metro Supervisory Association contract for 1984 and 1985 with the following modifications: 1. Establishment of a longevity plan plus inclusion of lower ranges in starting steps on the same basis as recently approved for the AFSCME locals. Again, it is a 10 %, two -year contract with the heavier cost in the first year in order to implement the plan. The cost will be 6.6% in 1984 and 3.4% in 1985. 2. No changes in hospitalization contributions over the contract, but rather $20 per month in a deferred compensation plan. 3. Life insurance coverage increased from $10,000 to $20,000. (Cost would be $43.20 per year per person.) 4. Mileage equivalent to that paid by the State, or 26¢, whichever is greater. (26¢ is being paid now by both us and the State.) - Seconded by Councilmember Bastian. Ayes - all. - 19 - 2/27 b, Mayor Greavu moved to approve the i plan as recommended. Average cost wou: Seconded by Councilmember Bastian. c. Mayor Greavu moved a cost increases for both for a Ayes - all, transfer - from -the Seconded by Councilmember Bastian. J. VISITOR PRESENTATION None. K. COUNCIL PRESENTATIONS 1. Cable T.V. Ayes all. fund to cover the a. Councilmember Wasiluk commented on the appointments to the Cable T.V. Board. b, Councilmember Anderson will check on his questions. 2. 3 -M Meeting. a. Councilmember Anderson requested that the Council, school board, and the area legislature meet with 3 -M to discuss their recent action. b. No action taken. 3. Commission Meeting. a. Councilmember Anderson commented on the Council /Commissions and Boards' meeting held Saturday, February 11, 1984. He would like to name another meeting in June. 4, Exotic Dancers a. Councilmember Anderson requested the attorney investigate an ordinance regulating exotic dancers, ets Seconded by Mayor Greavu. 5. Dump Site. Ayes - Mayor Greavu, Councilmembers Anderson and Wasiluk. Nays - Councilmembers Bastian and Maids. a. Councilmember Bastian stated there was a meeting February 28, 1984, at the Met Council at 2:00 P.M, regarding dump waste sites. 6. Minnesota Municipal Legislature Commission Meeting. a. Councilmember Bastian commented on the meeting to be held March 1, 1984, and March 15, 1984. b. City Manager Barry Evans stated the March 1 meeting is for delagates only and the March 15 meeting for everyone. - 20 - 2/27 7. Reconsideration. a. Councilmember Bastian moved to reconsider the motion to for Richard Anderson's Gervais Overlook Plat. Seconded by Councilmember Anderson. L. ADMINISTRATIVE PRESENTATIONS 1. Storm Water Overflow Agreement the 12 -lot Ayes - Councilmembers Anderson, Bastian, Maida and Wasiluk Nay - Mayor Greavu. a. City Manager Evans stated that instead of the Storm Water Overflow Agreement costs being $2.3 million dollars as first agreed upon, the Met Council now states the costs are in excess of $4 million dollars. 2. Dump Site Resolution. a. Councilmember Anderson introduced the following resolution and moved its adoption: 84 -2 -43 WITNESSETH: WHEREAS, the proposed site for the Ramsey County Dump site was defeated in 1981; WHEREAS, the Metropolitan Council resurrected the general site for purposes of having another public hearing; NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Maplewood as follows: 1. opposes the use of workhouse property as a proposed dump site because of the following reasons; a. The utilization of said site jeopardizes the health, safety, and welfare of Maplewood school children; b. Endangers and degrades the property held by Peace Lutheran Church; c. Violates PCA regulations of having a proposed dump site to be 1000 feet from any residence - the proposed site is less than 500 feet from the Ramsey County Workhouse; , d. Said proposed site would require reconstruction of Century Avenue from 194 a distance of approximately 1 -112 miles; e. The cost of the said site would be approximately $12 to $14 million for a four year life expenditure which is wholely unrealistic. - 21 - 2/27 BE IT FURTHER RESOLVED, that the City Council of the City of Maplewood re- quests the Metropolitan Council to find that a public hearing with respect to this matter is useless and that the site immediately be found unsuitable. Seconded by Councilmember Maids. Ayes - all. M. ADJOURNMENT 10:24 P.M. City Clerk - 22 - 2/27