HomeMy WebLinkAbout03-12-90Ae
MiPLBWOOD C2:TY COUNCIL
?zOO P.M., MondmT, March 12, 1990
and
4z30 P.M., Thursday, Hatch 15, 1990
Hazelwood Fire St&tion, 1530 g. County Road
Heating No. 90-5
C. APPROVAL OF MINUTES
1. Minutes of Mooting No. 89-12 (May 18, 1989)
2. Minutes of Meeting No. 90-3 (February 12, 1990)
3. Minutes of Mooting No. 90-4 (February 26, 1990}
D. APPROVAL OF AGENDA
g. CONSENT AGENDA
All nmtters listed under the Consent Agenda are considered to be routine by the
City Council and will be enacted by one motion. There will be no separate
discussion on these Itmmm. If a m · mb or of the City Council wishes to discuss an
item, that item wlll be removed from the Consent Agenda and will be considered
sep&r&tely.
1. Approval of Claims
2. Mechanical Inspector's Fee
3. Purchase of Two Unmarked Police Vehicles
4. Coanismionand Board Banquet
5. Nature Donation - 314 Center
6. Project No. 90-03 - T.H. 61 Signals, Approve Agreement
7. Signing of Fire Department Contracts
8. Budg~c Transfer; Burster-Folder, etc., Ma£ntenanceAgroement
F. PUBLIC HEARINGS
1. 7~00 P.M., Street Vacationt gffinghamStroot (4 Votes)
2. 7z15 P.M., Rezoningz West of White Bear Ave., Radatz Ave. to County Road C (4
Votes)
3. 7~30 P.M., Conditional Use Permit~ Cope Avenue (Credit Union)
4. 7z45 P.M., South BAde of Frost Avenue, East of Phalen Place
Plo/1Amendment (4 Votes)
Rezoning (4 Votes)
5. 8~15 P.M., Hlghwood Estatee No. 2
Plan Amendment (4 Votes)
Street Vacation
PIpeline Setback Reduction
Preliminary Plat
Rezoning (4 Votes)
No Parkin~
6. 9500 P.M., Holloway Avenue, Project 84-14 Improvements~ Beebo Road to Furness
a. Cooperative Agreement
AWARD OF BIDS
UNFINISHED BUSINESS
1. Update Recreational Vehicle Ordinance
NEW BUSINESS
1. Conditional Use Permit Application - BBY Partnership (4 Votes)
2. Vacation of Undeveloped Streets and Alleys
3. Community Center - Plan of Action
4.- Council WorkshoR
$. Alley East of White Bear Avenue, Beam toCounty Road D
6. city Hall Update
L®
COUNCIL PRESENTATIONS
e
e
10.
ADMINISTRATIVE PRESENTATIONS
1.
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~DJOUI~ql~NT OF MEETING
MINUTES OF MAPLEWOOD CIT~ COUNCIL
7:00 P.M., Monday, March 12, 1990
and
4:30 P.M., Thursday, March 15, 1990
Hazelwood Fire Station, 1530 E. County Road C
Meeting No. 90-5
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota, was held at the
Hazelwood Fire Station, 1530 E. County Road C, and was called to order at 7:00
P.M., by Mayor Anderson.
Norman G. Anderson, Mayor
Gary W. Bastian, Councilmember
Frances L. Juker, Councilmember
George F. Rossbach, Councilmember
Joseph A. Zappa, Councilmember
Present
Present
Present
Present
Present
C. APPROVAL OF MINUTES
1. Minutes of Meeting No. 89-12 (May 18, 1989)
Mayor Anderson moved to approve the Minutes of Meeting No. 89-12 (May 18.
1989) as submitted.
Seconded by Councilmember Rossbach.
Ayes - all.
2. Minutes of Meeting No. 89-14 (June 22, 1989)
Mayor Anderson moved to approve the Minutes of Meeting No. 89-14 (June 22,
1989) as submitted.
Submitted by Councilmember Bastian.
Ayes - all.
3. Minutes of Meeting No. 90-3 (February 12, 1990)
Councilmember Bastian moved to approve the Minutes of Meeting No. 90-3
(February 12, 1990) as corrected:
Page 12, Item K-5-a - Delete "duracell" twice
Seconded by Mayor Anderson.
Ayes - all.
4. Minutes of Meeting No. 90-4 (February 26, 1990)
Councilmember Bastian moved to approve the Minutes of Meeting No. 9O-4
CFebruarv 26, 1990~ as submitted.
i 3-12-90
Seconded by Councilmember Rossbach. Ayes - all.
APPROVAL OF AGENDa
Mayor Anderson moved to approve the Aqenda as amended=
1. Mark's Nature haven
2. Lillie Newspaper
3. Prevailing Wage
4. History of Maplewood
5. Water Problems
6. Parks
Seconded by Councilmember Zappa.
E. CONSENT AGENDA
Ayes - all
Councilmember Zappa moved~ seconded by Ma¥o~ Anderson, Ayes - all~ to approve th~
Consent Aqenda, Items E-1 throuqh 8 as recommended=
Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE=
$ 174,149.78
$ 96.908.25
$ 271,058.03
PAYROLL:
$ 185,518.31
S 27~478.00
$ 212,996.31
$ 484,054.34
Mechanical Inspector's Fee
Checks $5426 - $5491
Dated 02-15-90 thru 02-28-90
Checks ~3669 - $3308
Dated 03-12-90
Total per attached voucher/check register
Payroll Checks
Payroll Deductions
Total Payroll
GRAND TOTAL
Approved to increase the mechanical inspector's fee from 75% to 80% of the
permit fee.
2e
3. Purchase of Unmarked Police Vehicles
2 3-12-90
Approved the purchase of two unmarked police vehicles in the amount of
$24,640 (to be purchased under the Bid of the City of Minneapolis as
awarded to Farmington Ford).
4. Commission and Boards' Banquet
Approved the budget transfer of $3,000 from the Contingency Fund to the
Legislative Division in the General Fund to cover the cost of the
Commission and Boards' Recognition Banquet.
5. Nature Center Donations
Accepted the $150.00 donation from the Maplewood-Oakdale Lion's Club and
increase the Fees for Service Budget Account for the Nature Center by
$150.00 (101-604-000-4480)
Accepted the $250.00 donation from the 3-M Company and add this amount to
the Nature Center Equipment Supplies Budget Account (101-604-000-4160)
6. Project 90-03, T.H. 61 Signals, Approve Agreement
Resolution No. 90 - 3 - 32
BE IT RESOLVED that the City of Maplewood enter into an Agreement with
the State of Minnesota, Department of Transportation, for the following
purposes, to wits
To revise the existing traffic control signals with street lights,
emergency vehicle pre-emption and signing on Trunk Highway No. 61
at county State Aid Highway No. 25 (County Road B) - Parking Lot
Entrance, County State Aid Highway No. 19 (Beam Avenue), Trunk
Highway No. 694 South Ramps, and at County State Aid Highway No.
15 (County Road E) - Trunk Highway No. 244 (County Road E)~ revise
the existing traffic control signals with street lights and
signing on Trunk Highway No. 61 at County Road 146 (Cedar Avenue),
County State Aid Highway No. 12 (County Road F) - County Road 95
(Ash Street), and at County State Aid Highway No. 65 (White Bear
Avenue) - County Road 146 (Hoffman Road)~ and install interconnect
on Trunk Highway No. 61 from County State Aid Highway No. 19 (Beam
Avenue) to Trunk Highway No. 694 South Ramps in accordance with
the terms and conditions set forth and contained in Agreement No.
66958, a copy of which was before the Council.
BE IT FURTHER RESOLVED that the proper City officers be and hereby are
authorized to execute such agreement, and thereby assume for and on behalf
of the City all of the contractual obligations contained therein.
7. Signing of Fire Department Contracts
3 3-12-90
Approved the signing of the Fire Department Contracts; East County
Line/Oakdale Dispatching Contract; Oakdale Fire Department Dispatching
Contract; and the North St. Paul Dispatching Contract.
8. Maintenance Agreement with Pitney Bowes
Fe
Approved the budget transfer of $2100.00 from the Sewer Contingency Fund
to cover the cost of the maintenance agreement for the Burster, Folder and
Inserter equipment.
PUBLIC HEARINGS
1. 7500 P.M., Street Vacation= Effingham Street (4 Votes)
a. Mayor Anderson convened the meeting for a public hearing regarding the
proposed vacation of Effingham Street right of way, west of 1771 Payne Avenue.
b. Manager McGuire presented the staff report.
c. Director of Community Develo~ent Olson presented the specifics of the
proposal.
d. Commissioner Will Rossbach presented the Planning Commission
recommendation.
e. Mayor Anderson called for proponents and opponents. None were heard.
f. Mayor Anderson closed the public hearing.
g. Councilmember Zappa introduced the follow£nq resolution and moved it=
adoption=
90 - 3 - 33
WHEREAS, the Maplewood Planning commission initiated proceedings to
vacate the public interest in the Effingham Street right-of-way, west of
the west line of that property described as that Part south of M St. Paul
and S. Ste. Marie Railroad R/W (now the Minnesota D.N.R. Trail) west of
extended center line of Payne Avenue and east of extended center line of
alley adjacent to Lot 30, Ufton Grove 4th Plat (PIN 17-29-22-43-0004)
WHEREAS, the following adjacent properties are affected=
Lots 22 - 30 of Ufton Grove 4th Plat and the following described
properties~
Part of Lot 4 east of extended east L of west 30 feet of
Lot 28 and West of extended center line of alley adjacent
Lot 30 of Ufton Grove 4th Plat and south of M St. Paul and
S. Ste. Marie Railroad right-of-way across said Lot 4 (PIN
17-29-22-43-0005)
4 3-12-90
Part of Lot 4 east of extended center line of Lot 26 and
west of extended E L of west 30 ft of Lot 28 of Ufton
Grove 4th Plat and south of M St. Paul and S. Ste. Marie
Railroad right-of-way across said Lot 4 (pin 17-29-22-43-
0006)
Part of Lot 4 west of extended center line of Lot 26 of
Ufton Grove 4th Plat and south of M St. Paul and S. Ste.
Marie Railroad CO right-of-way across said Lot 4 (PIN 17-
29-22-43-0007)
WHEREAS, the procedural history of this vacation is as
follows~
me
This vacation was reviewed by the Planning
Commission on February 5, 1990. The Planning
Commission recommended to the City Council that
this vacation be approved.
me
The City Council held a public hearing on March
12, 1990, to consider this vacation. Notice
thereof was published and mailed pursuant to law.
Ail persons present at this 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.
WHEREAS, upon vacation of the above-described street right-of-
way, public interest in the property will accrue to the following-
described abutting properties~
Lots 22-30 of Ufton Grove 4th Plat and the following
described properties=
Part of Lot 4 east of extended east L of west 30
feet of Lot 28 and west of extended center line of
alley adjacent Lot 30 of Ufton Grove 4th Plat and
south of M St. Paul and S. Ste. Marie Railroad
right-of-way across said Lot 4 (PIN 17-29-22-43-
O00S)
Part of Lot 4 east of extended center line of Lot
26 and west of extended E L of West 30 ft of Lot
28 of Ufton Grove 4th Plat and south of M St. Paul .
and S. Ste. Marie Railroad right-of-way across
said Lot 4 (PIN 17-29-22-43-0006)
Part of Lot 4 west of extended cente~ line of Lot
26 of Ufton Grove 4th Plat and south of M St. Paul
and S. Ste. Marie Railroad Co right-of-way across
said Lot 4 (PIN 17-29-22-43-0007}
5 3-12-90
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL
that it is in the public interest to grant the above-described
vacation on the basis of the following findings of facts
1. The adjoining property owners have no interest in
having a street constructed.
2. The adjoining properties have adequate street
access.
3. This street right-of-way is not needed for area
traffic circulation or emergency vehicle access.
4. Maplewood's policy has been to vacate unneeded
rights-of-way whenever possible.
Seconded by Councilmember Rossbach. Ayes - all.
G. AWARD OF BIDS
None.
H. UNFINISHED BUSINESS
1. Update Recreational Vehicle Ordinance
a. Councilmember Zappa moved first readinq of an ordinance deleting
Section 20-125 "This Article shall be in effect until october lr 1989."
Seconded by Mayor Anderson.
NEW BUSINESS
2.
Ayes - all.
Vacation of Undeveloped Streets and Alleys
a. Manager McGuire presented the staff report.
b. Councilmember Bastian moved to table this item indefinitely.
Seconded by Councilmember Rossbach. Ayes - all.
c. Councilmember Bastian moved to instruct staff to prepare a list of the
sianificant "backed up" pro~ects either verbally or orally.
Seconded by Mayor Anderson. Ayes - all.
Community Center - Plan of Action
a. Manager McGuire presented the staff report.
6 3-12-90
b. Councilmember Zappa moved to proceed with the plan of action for th?
Community Center items one thru~foura$ follows and to proceed with Item
when the other four have been approved:
1. Negotiate options on the proposed sites.
2. Get soil tests/opinion on proposed sites.
3. Develop guidelines for committee to further identify and refine
needs.
4. Gather information to estimate operating costs.
5. Start process of selecting architect to help plan space analysis.
Seconded by Councilmember Bastian.
Ayes - all.
F. PUBLIC HEARINGS (Continued)
2. 7=15 P.M., Rezoning= West of White Bear Avenue; Radatz Avenue to County Road C (4
Votes)
a. Mayor Anderson convened the meeting for a public hearing regarding the
proposal to rezone from F, farm residential, to R-l, single dwelling
residential for the area west of White Bear Avenue between Radatz Avenue
and County Road C.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the
proposal.
d. Commissioner Will Rossbach presented the Planning Commission report.
e. Mayor Anderson called for persons who wished to be heard for or
against the proposal. The following voiced their opinion=
Resident at 2684 Gem Street
f. Mayor Anderson closed the public hearing.
g. Councilmember Zappa introduced the followinq resolution and moved
adoption=
90 - 3 - 34
WHEREAS, the City of Maplewood initiated a rezoning from F, farm
residence to R-l, single dwelling for the properties west of White Bear
Avenue, between Radatz Avenue and County Road C, legally described as=
WHEREAS, the procedural history of this rezoning is as follows~
7 3-12-90
I · NEW
4.
This rezoning was reviewed by the Maplewood Planning
Commission on February 20, 1990. The Planning Commission
recommended to the City Council that said rezoning be
approved.
e
The Maplewood City Council held a public hearing on March
12, 1990, to consider this rezoning. Notice thereof was
published and mailed pursuant to law. Ail persons present
at said hearing were given an opportunity to be heard and
present written statements. The Council also considered
reports and recoa~nendations 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 facts
1. The proposed change is consistent with the spirit, purpose
and intent of the zoning code.
me
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.
The proposed change will serve the best interests and
conveniences of the community, where applicable and the
public welfare.
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.
BUSINESS (Continued)
Council Workshop
a. Manager McGuire presented the staff report.
b. Councilmember Zappa moved to proceed with Items (1} The Mayorr
Councilmembers and Manaqer meet to discuss what they want to qet out of ~
one-day workshopr where it should be~ and who should conduct it~ {2} Hol~
a one-day workshoD based on the outcome of Item I - this would include the
Mavor~ Councilmembers and Manaqer~ and that this be completed within 30
days after April 6, 1990, and discuss Item (3} Hold a two-day workshop~
this would include the Ma¥or~ Councilm~mhers~ Manaqer and Manaqement
Staff.
8 3-12-90
Seconded by Councilmember Anderson.
Ayes - Mayor Anderson, Councilmembers
Bastian, Rossbach and Zappa
Nay - Councilmember Juker
c. Counc£1member Bastian moved to complete Ite~ i April 12, 1990, at 4:30
P.M.
Seconded by Councilmember Rossbach. Ayes - all.
Alley East of White Bear Avenue, Beam Avenue to County Road D
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the
proposal.
c. Councilmember Zappa moved to instruct Staff to prepare a mot-
definitive plan and report back reqardinq the alley east of White Beak
Avenuet Beam to County Road D.
Seconded by Councilmember Juker. Ayes - all.
d. At this time, Councilmember Bastian questioned why Mayor Anderson did
not take a roll call vote as in the past.
Mayor Anderson stated he felt he could call for a general vote of Ayes and
Nays on everything but public hearings, and on public hearings a rotated
roll call vote would be taken.
ee
Seconded by Councilmember Bastian.
Alley West of White Bear Avenue, Radatz to Beam Avenue
1. Director of Public Works presented his report.
2. Councilmember Rossbach moved to table this item indefinitely.
Ayes - Councilmembers Bastian and
Rossbach.
Nays - Mayor Anderson,
Juker and Zappa.
Councilmembers
Motion failed.
3. Councilmember Zappa moved to refer the proposed alley west Of
White Bear Avenue from Radatz to Beam Avenue back to Staff fo&
further information.
Seconded by Councilmember Juker.
Ayes - Mayor Anderson, Councilmembers
Juker and Zappa
9 3-12-90
Nays - Councilmembers Bastian and
Rossbach.
4. Councilmember Juker moved to refer to Staf~ to investiqat~
what is happeninq to the property on the west side of White Be~
Avenue from Radatz to Beam Avenue.
Seconded by Councilmember Rossbach.
F. PUBLIC HEARINGS (Continued)
Ayes - Mayor Anderson, Councilmembers
Bastian, Juker and Rossbach.
Councilmember Zappa abstained.
3. 7:30 P.M., Conditional Use Permit - Cope Avenue (Credit Union)
a. Mayor Anderson convened the meeting for a public hearing regarding the
request of the City and County Credit Union for approval of a conditional
use permit to construct a one-story 5,400 square foot credit union branch
office. A CUP is required for construction in an M-1 light manufacturing
district, when the building is within 350 feet of a residential zone.
b. Manager McGuire presented the Staff report.
c. Director of Community Development Olson presented the specifics of the
proposal.
d. Commissioner Will Rossbach presented the Planning Commission report.
e. Mr. Sheldon Sanborn, President of the Credit Union, spoke in favor of
the proposal.
fe
ge
h.
and County Credit Union be reviewed after one year.
Seconded by councilmember Bastian. Ayes - all.
i. Councilmember Zappa introduced the followinq resolution and moved it?
adoDtion~
90 - 3 - 35
WHEREAS, the City and County Employees Credit U, ion initiated a
conditional use permit to construct a new office building 160 feet from an
adjacent residential district at the following-described property:
Mayor Anderson called for proponents and opponents. None were heard.
Mayor Anderson closed the public hearing.
Councilmember Zappa moved that the Conditional Use Permit for the City
10 3-12-90
The south 230 feet of the east 230 feet of Lot 12, e.g. Rogers'
Garden Lots, lying south of the center line of Trunk Highway 36,
subject to easements of record.
WHEREAS, the procedural history of this conditional use permit is as
follows~
This conditional use permit was reviewed by the Maplewood
Planning Con~nission on February 20, 1990. The Planning
Commission recommended to the City Council that said
permit be approved..
The Maplewood City Council held a public hearing on March
12, 1990. Notice thereof was published and mailed
pursuant to law. Ail 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~
The use would be located, designed, maintained,
constructed and operated to be in conformity with the
City's comprehensive plan and Code of Ordinances.
2. The use would not change the existing or planned character
of the surrounding area.
3. The use would not depreciate property values.
The use would not involve any activity, process,
materials, equipment or methods of operation that would be
dangerous, hazardous, detrimental, disturbing or cause a
nuisance to any person or property, because of excessive
noise, glare, smoke, dust, odor, fumes, water or air
pollution, drainage, water run-off, vibration, general
unsightliness, electrical interference or other nuisances.
The use would generate only minimal vehicular traffic on
local streets and would not create traffic congestion or
unsafe access on existing or proposed streets.
6
The use would be served by adequate public facilities and
services, including streets, police and fire protection,
drainage structures, water and sewer systems, schools and
parks.
7. The use would not create excessive additional costs for
public facilities or services.
11 3-12-90
Se
The use would maximize the preservation of and incorporate
the site's natural and scenic features into the
development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to adherence to the site plan, dated January 9,
1990.
Seconded by Councilmember Bastian.
Ayes - all.
4. 7=45 P.M., South Side of Frost Avenue, East of Phalen Place
a. Mayor Anderson convened the meeting for a public hearing regarding the
proposal to change the land use plan and the zoning map for the location
1136-1160 Frost Avenue. The proposed change is a land use plan amendment
from RM, medium density residential to BW, business warehouse for the
existing BC, business commercial zone south of Frost Avenue. The proposed
change for zoning is from BC, business commercial, to M-i, light
manufacturing for the same area.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the
proposal.
d. Commissioner Will Rossbach presented the Planning Commission report.
e. Mayor Anderson called for proponents. None were heard.
f. Mayor Anderson called for opponents. The following were heard:
Steve Continenza, 1160 Frost Avenue
James Johnson, Maplewood Marine
g. Mayor Anderson closed the public hearing.
h. Councilmember gappa introduced the followinq resolution and moved its
adoption=
90 - 3 - 36
WHEREAS, the City of Maplewood initiated an amendment to the Maplewood
Comprehensive Plan from RM, medium-density residential to BW, business
warehouse, for the following-described property:
Lots 1-20, Block 1 and Lots 1-10, Block 2 of Kavanagh & Dawsons
Addition to Gladstone in Section 16, TN 29, RN 22.
This property is more commonly described as 1136 and 1160 Frost
Avenue, Maplewood~
12 3,12-90
~H~REAS, the procedural history of this plan amendment is as follows=
The Maplewood Planning Commission held a public hearing on
February 20, 1990, 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 Conuaission recommended to the City Council
that said plan amendment be approved.
0
The Maplewood City Council considered said plan amendment
on March 12, 1990. 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 facts
1. The BW designation is consistent with the BC zoning, the
proposed M-1 zoning of the area and the existing uses.
This area is better suited to commercial uses than to
residential uses to its proximity to Frost Avenue and the
existing commercial development.
Seconded by Mayor Anderson.
Ayes - all.
i. Councilmember Rossbach introduced the followinq resolution and moved
its adoptions
90 - 3 - 37
WHEREAS, the City of Maplewood initiated a rezoning from BC, business
commercial, to M-i, light manufacturing, for the following-described
property=
Lots 1-20, Block i and Lots 1-10, Block 2, of Kavanagh & Dawsons
Addition to Gladstone in Section 16, TN 29, RN 22.
This property is also known as 1136 and 1160 Frost Avenue, Maplewood;
WHEREAS, the procedural history of this rezoning is as follows=
This rezoning was reviewed by the Maplewood Planning
Commission on February 20, 1990. The Planning Commission
recommended to the City Council that said rezoning be
approved.
13 3-12-90
The Maplewood City Council held a public hearing on March
12, 1990, to consider this rezoning. Notice thereof was
published and mailed pursuant to law. Ail 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.
20
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.
The proposed change will serve the best interests and
inconveniences of the community, where applicable and the
public welfare.
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.
5. It would be consistent with the proposed BW designation on
the land use plan.
6. The property has been zoned and used commercially for many
years.
Seconded by Councilmember Juker.
Ayes - all.
j. Council informed the residents that the property tax would not change
because of the zone change if the use of the property did not change.
k. Councilmember Bastian moved to refer to staff the question of park
relatinq to the park and also the vacation or improvement of Edward]
Street.
Seconded by Councilmember Rossbach.
8=15 P.M., Highwood Estates No. 2
Ayes - all.
a. Plan Amendment (4 Votes)
b. Street Vacation
c. Pipeline Setback Reduction (deleted from Agenda)
14 3-12-90
d. Preliminary Plat
e. Rezoning (4 Votes)
f. No Parking
1. Mayor Anderson convened the meeting for a public hearing
regarding the request of Roar Development for the following
approvals to develop the highwood Estates No. 2 Subdivision=
a. A Land use Plan amendment from OS, Open Space to RL,
Residential Low Density for the area of the proposed plat.
This is shown on the maps on pages 12 and 13.
b. The vacation of ~ortions of the undeveloped Sterling
Street right-of-way (see page 16).
c. The approval of a preliminary plat for Highwood
Estates No. 2, a 96-1ot single-dwelling subdivision that
is a continuation of the Highwood Estates Plat.
2. Manager McGuire presented the Staff report.
3. Director of Community Development Olson presented the
specifics of the proposal.
4. Commissioner Will Rossbach presented the Planning Commission
report.
5. Attorney John Daubney, representing the developers, spoke on
behalf of the proposal.
6. Mayor Anderson called for persons who wished to be heard for
or against the proposal. The following expressed their views=
Ray Bredahl, representing the developers
Art Werthauser, representing the developers
Dean Sherburne, 1078 Marnie
Tom Fabio, 1068 Marnie
Bill Mahre, 1737 Clarence, representing the St.
Foundation,, Inc. (St. Paul Ski Club)
Paul Educational
7. Mayor Anderson closed the public hearing.
8. Mayor Anderson introduced the followinq resolution and move~
its adoption= (Plan Amendment)
90 - 3 - 38
WHEREAS, Roar Development initiated an amendment to the
Maplewood Comprehensive Plan from OS, open space to RL, iow
density residential and deletes the minor collector street for the
following-described property~
15
3-12-90
Outlot A, Highwood Estates (Parcel 13-28-22-42-0040)
WHEREAS, the procedural history of this plan amendment is as
follows=
The Maplewood Planning Commission held a public
hearing on February 20, 1990, to consider this
plan amendment. Notice thereof was published and
mailed pursuant to law. Ail 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.
me
The Maplewood City Council considered said plan
amendment on March 12, 1990. 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 owner is proposing to develop this property for single-
family homes.
The OS designation was left on the property in
1987 because development would cause storm-water
runoff onto the ski jump property without drainage
easements. Drainage easements have now been, or
are in the process of being obtained.
3. The City has no plans to purchase for property for
open space.
4. The proposed street does not meet the criteria for
a collector.
Seconded by Councilmember Zappa.
Ayes - all.
9. Mayor Anderson moved that the street vacation shal~ not bm
recorded until the final plat is approved and introduced the
followinq resolution and moved its adoption; (Street Vacation).
90 - 3 - 39
WHEREAS, Roar Development initiated proceedings to vacate the
public interest in the following-described property=
Sterling Street from the north to the south property line.
16 3-12-90
WHEREAS, the following adjacent properties are affected=
Outlot A of Highwood Estates (Parcel 13-29-22-42-0040) and
subject to road, except the north 552.1 feet of the following=
Part westerly of center line of said road of Northwest 1/4 of
Southeast 1/4 and part east of Pleasant View Park north of the
Northeast 1/4 of Southwest 1/4 of Section 13, Township 28, Range
22 (Parcel 13-29-22-31-0064).
WHEREAS, the procedural history of this vacation is as
follows=
A majority of the owners of property abutting said
street right-of-way have signed a petition for
this vacation~
mo
This vacation was reviewed by the Planning
Commission on February 20, 1990. The Planning
Commission recommended to the City Council that
this vacation be approved.
3e
The City Council held a public hearing on March
12, 1990, to consider this vacation. Notice
thereof was published and mailed pursuant to law.
Ail persons present at this 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.
WHEREAS, upon vacation of the above-described street right-of-
way public interest in the property will accrue to the following-
described abutting propertiess
Outlot A of Highwood Estates (parcel 13-28-22-42-0040) and
subject to Road7 except the North 552.1 feet of the
followings Part westerly of center line of said road of
Northwest 1/4 of Southeast 1/4 and part east of Pleasant
View Park north of the Northeast 1/4 of Section 13,
Township 28, Range 22 (Parcel 13-28-22-31-0064).
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL
that it is in the public interest to grant the above-described
vacation on the basis of the following findings of facts
1. Sterling Street between the proposed vacation and
Highwood Avenue has already been vacated.
2. Sterling Street should be aligned to coincide with
Sterling Street north of Highwood Avenue.
17 3-12-90
The proposed alignment will allow for the rear
yards of the single-dwelling lots to be along the
pipeline. This is preferable to having the street
near or on the pipeline as it minimizes the
potential for a leak to enter the storm sewer or
flow along the street.
Seconded by Councilmember Zappa.
10. (c) Pipeline Setback Reduction.
Deleted from Agenda.
11. Councilmember Zappa moved to table Items F-5~ d, e, and f until APril 9.
1990.
12. Attorney Daubney stated his clients, Roar Development, will formally waive
the 120-day deadline for plats and will extend the deadline.
6. 9=00 P.M., Holloway, Project 84-14 Improvements= Beebe Road to Furness
a. Cooperative Agreement
1. Mayor Anderson convened the meeting for a public hearing
regarding the proposal to enter into a cooperative agreement with
North St. Paul to construct Holloway Avenue from Beebe Road to
Furness Street.
2. Manager McGuire presented the Staff report.
3. Director of Public Works Haider presented the specifics of the
proposal. He further stated that this project had previously been
approved on November 28, 1988. A public hearing was held July 18,
1988 denying the vacating of Holloway.
4. Mayor Anderson called for proponents. The following were
heard=
Mr. Bob Engwer, owner of property abutting the proposed project.
5. Mayor Anderson called for opponents. The following were
heard=
Bill Hahn, 2234 E. Holloway, presented a petition signed by area residents
Clyde C. Gillespie, III, 2180 Holloway
Kathy Sagisser, 2251 E. Holloway
Mike Medius, 2189 E. Holloway
Mr. Westbrook, 1900 Furness
Linda Mehle, 2218 Holloway
Linda Ahlgren, 1906 Holloway
Greg Bingham, 2213 Holloway
18 3-12-90
Council noted that the above area residents opposing the
proposal did not abut the property directly.
6. Mayor Anderson closed the public hearing.
7. Councilmember Zappa moved to table this item unti~ the Apri]
9. 1990, meetina and instructed staff to obtain information from
North St. Paul as to what action they had taken and to ask for ~
CODY of the minutes to see who attended the public hearinq.
Seconded by Councilmember Juker.
Ayes - Councilmembers Juker, Rossbach
and Zappa
Nays - Mayor Anderson, Councllmember
Bastian.
Mayor Anderson moved to waive the Rules of procedures and extend the meetinq u~ll the en~
of the Aqenda.
Seconded by councilmember Rossbach.
Ayes - all.
I. NEW BUSINESS (Continued)
1. Conditional use Permit Application - BBY Partnership (4 Votes)
a. Manager McGuire presented the Staff report.
b. Councilmember Zappa stated that because of his opposition, as a
private citizen, to the proposal when it was first heard, he feels he
should abstain.
c. City Attorney Bannigan read a letter from the BBY's Attorney,
Christopher J. Dietzen, stating they will not be submitting any additional
evidence or materials at this meeting.
d. Mayor Anderson moved to deny the application of BBy Partnership for a
conditional use permit to construct 426 apartment units on Gervais Avenue,
on the basis that there does not seem to be any purpose served by
rehearinq this application - there have been no chanqes in the appllcant'~
proposalr the surroundinq neiqhborhood or City ordinances.
Seconded by Councilmember Bastian.
Ayes - Mayor Anderson, Councilmembers
Juker, Bastian and Rossbach.
Councilmember Zappa'abstained.
6. City Hall Update
a. Director of Public Works Haider presented the staff report.
b. Mayor Anderson introduced the followinq resolution and moved its
adoption:
19 3-12-90
90 - 3 - 40
WHEREAS, the City Council of Maplewood, Minnesota, has heretofore
ordered Project 89-16, City Hall Addition, and has entered into a
construction contract, and
WHEREAS, it is now necessary and expedient that said contract, in the
amount of $1,058,298.66, be modified and designated as Project 89-16
Change Order 2.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that the Mayor and City Clerk are hereby authorized and
directed to modify the existing contract by executing said Change Order 2
in the amount of $3651.
The city hall addition, Fund 405-000-000-4751, is hereby increased
$3651 by a transfer from the general fund contingency account.
Seconded by Councilmember Zappa.
Ayes - all.
c. Council instructed Staff to negotiate Change Order No. 3 with the
Architects.
J. VISITOR PRESENTATIONS
1. Larry Lyles - Marks Nature Haven
Council stated this item is on the Council Presentations.
K. COUNCIL PRESENTATIONS
1. Marks Nature Haven
a. Councilmember Rossbach moved to reconsider the motion reqardinq Mark's
Nature Haven and place the reconsideration on the next aqenda.
Seconded by Mayor Anderson.
Ayes - all.
2. Lillie's Newspaper
a. Councilmember Zappa moved to instruct Staff to cooperate with the
newspaper, send in articles, and also investiqate installinq a "drop box"
at City Hall for better communications between citizensr City hall and th9
newspapers.
Seconded by councilmember Rossbach.
Ayes - Councilmembers Bastian,
Rossbach and Zappa
Nays - Mayor Anderson, Councilmember
Juker.
20 3-12-90
3. Prevailing Wage
a. Councilmember Bastian moved that a proposed ordinance reqardinq
Drevailina waqes be placed on next aqenda.
Seconded by councilmember Zappa. Ayes - all.
4. History of Maplewood
a. Mayor Anderson questioned how the "History of Maplewood" is
progressing.
b. Staff stated a Committee is being formed and a report plus a request
for money will be submitted.
5. Water Problems
a. Mayor Anderson invited the Council to view the property at 379 Lark~
everything drains into the two lots there.
b. Staff is aware of the problem.
6. Parks
a. Councilmember Juker stated she is receiving calls regarding if and
when Hillside Park will be developed.
b. Staff stated three options have been formulated and a first plan will
be a combination of the three plans.
1990 MEETING
L. ADMINISTRATIVE PRESENTATIONS
None.
M. ADJOURNMENT OF THE MARCH 12.
11=40 P.M.
y Clerk
21 3-12-90