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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. ® ~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