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HomeMy WebLinkAbout05-28-91 MINUTES OF MAPLEWOOD CITY COUNCYL 7:00 P.M., Tuesday, May 28, 1991 Council Chambers, Municipal Building Meeting No. 91-10 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 7:00 P.M. by Mayor Bastian. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Gary W. Bastian, Mayor Present Dale H. Carlson, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present Joseph A. Zappa, Councilmember Present D. APPROVAL OF MINUTES 1. Meeting of May 6, 1991 (Council/Manager) Councilmember Zappa moved to approve the minutes of the Mav 6 1991 Council/Manager Meeting as corrected: B. ROLL CALL Gary W. Bastian, Mayor Arrived at 4:52 P.M. Seconded by Mayor Bastian Ayes - all 2P Meeting No. 90-09, (May 13, 1991) Councilmember Zappa moved to aoorove the minutes of Meeting No. 91-09 (Mav 13 1991) as corrected. Page 12, Item I-3: Ayes - Mayor Bastian, Councilmembers _ Juker, Rossbach, Zappa Nays - Councilmember Carlson Seconded by Mayor Bastian Ayes - all E. APPROVAL OF AGENDA Mayor Bastian moved to aoorove the Agenda as amended: 1. House on County Road 6 2. Burlington Northern 3. Right-of-Ways 4. North High Sleep-In Seconded by Councilmember Rossbach Ayes - all 1 5-28-91 F. CONSENT AGENDA Councilmember Zappa moved, seconded by Councilmember Carlson: ayes - all, to approve the consent a4enda. Item F-1. as recommended: 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 480,604.87 Checks #12234 - #13699 Dated 4-17-91 thru 5-14-91 $ 124.120.90 Checks #13081 - #13195 Dated 5-27-91 $ 604,725.77 Total per attached voucher/check register PAYROLL: $ 186,044.20 Payroll Checks dated 5-10-91 $ 37.773.86 Payroll Deductions dated 5-10-91 $ 223.818.06 Total Payroll $ 828,543.83 GRAND TOTAL G. PUBLIC HEARINGS 1. 7:00 P.M., (7:05 P.M.) Variance: Highway 61, North of Venburg Tire (Backyard Building Systems) a. Mayor Bastian convened the meeting for a public hearing regarding a variance from the City Code which requires an in-ground irrigation system for all commercial development b. Assistant City Manager Maglich presented the staff report. c. Director of Community Development Olson presented the specifics of the report.' ` d. The Community Design Review Board report was made a part of the record. e. Mr. Richard Duerr, the applicant, spoke on behalf of his request. f. Mayor Bastian opened the public hearing, calling for proponents or opponents. No one appeared. g. Mayor Bastian closed the public hearing. h. Councilmember Juker introduced the following Resolution and moved its adoption: 91-5-63 VARIANCE RESOLUTION WHEREAS, Richard Duerr applied fora variance from the zoning ordinance for a part of the property that is about 400 feet north of 2990 Highway 61. The legal description is: Registered Land Survey No. 262, Tract C WHEREAS, Section 46-28(c)(9) of the Maplewood Code of Ordinances requires an in-ground irrigation system for all commercial development. WHEREAS, the applicant is proposing to not install such a system.. 2 5-28-91 WHEREAS, the history of this variance is as follows: 1. This variance was reviewed by the Community Design Review Board on April 9, 1991. They recommended that the City Council approve the variance. 2. The City Council held a public hearing on May 28, 1991. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing an opportunity to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described variance for the following reasons: 1. Strict enforcement of code would cause the applicant undue hardship because: a. There is no public water main serving this property. b. Constructing a water main would be extremely expensive for this small, temporary use. 2. The lack of water main is a circumstance unique to the property, not created by the applicant. 3. The variance would meet the spirit and intent of the ordinance if the applicant hand-waters the required landscaping if there is not enough rainfall. 4. Property must install irrigation according to City Code when a public water main is installed to serve this property. Approval is subject to Mr. Duerr hand-watering the shrubs required by the Community Design Review Board if there is not adequate rainfall. Seconded by Councilmember Rossbach Ayes - all 2. 7:10 P.M. (7:23 P.M.), West of Highway 61, North of Highway 36 Plan Amendment (4 Votes) Zoning Map Changes (4 Votes) a. Mayor Bastian convened the meeting for a public hearing regarding a change to the land use plan and the zoning map. b. Assistant City Manager Maglich presented the staff report. c. Director of Community Development Olson presented the specifics of the report. d. Commissioner Martin presented the Planning Commission reports e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Gerry Herringer, owner of Maple Leaf Drive-In property Jack Ambler, 1065 E. Highway 36, Twin City Tobacco Bill Bedele, 1055 Gervais Avenue Corinne Pinc, 1041 Gervais Avenue 3 5-28-91 f. Mayor Bastian closed the public hearing. g. Councilmember Zappa introduced the following Resolution and moved its adoption: 91-05-64 LAND USE PLAN CHANGE RESOLUTION WHEREAS, the City Council requested a study of the land use plan for the area west of Highway 61 and north of Highway 36. WHEREAS, the history of this change is as follows: 1. The Planning Commission held a public hearing on January 22, 1991. City staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Planning Commission gave everyone at the hearing a chance to speak and present written statements. The Planning Commission recommended to the City Council that the plan amendment be approved. 2. The City Council discussed the plan amendment on May 28, 1991. They considered reports and recommendations from the Planning _ Commission and City staff. NOW, THEREFORE, BE IT RESOLVED that the City Council adopt the land use plan as shown on page 10 of the January 16, 1991 staff report, on the basis that: 1. The area proposed for BW is better suited to commercial uses that to residential uses due to its proximity to Highways 36 and 61 and the existing commercial, development. 2. The BW designation is consistent with the long-standing M-1 zoning in the. area. 3. The RM designation will provide for a buffer between the homes to the west and the commercial uses to the east and south. Seconded by Councilmember Rossbach Ayes - all h. Councilmember Zappa introduced the following Resolution and moved its adoption: 91-05-65 REZONING RESOLUTION WHEREAS, City Council requested a study of the zoning map west of Highway 61 and north of Highway 36. WHEREAS, the history of this rezoning is as follows: 1. The Planning Commission reviewed this rezoning on January 22, 1991. They recommended that the City Council approve the rezoning. 4 5-28-91 2. The City Council held a public hearing on May 28, 1991. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law, The council gave everyone at the hearing an opportunity to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the zoning map as shown on page 13 of the January 16, 1991 staff report. Approval is based on the following reasons: 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 convenience 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. 5. The proposed change is consistent with the proposed land use plan. Seconded by Councilmember Rossbach Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach,. Zappa Nays - Councilmember Juker 3. 7:45 P.M. (7:52 P.M.), Code Change: Planning Fees (1st Reading) a. Mayor Bastian convened the meeting for a public hearing regarding establishing additional planning fees. b. Assistant City Manager Maglich presented the staff report. c. Director of Community Development Olson presented the specifics of the report. d. Commissioner Martin presented the Planning Commission report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. No one appeared. f. Mayor Bastian closed the public hearing. g. Councilmember Juker moved first readino of the code change for planning fees. Seconded by Councilmember Rossbach Ayes - all h. Council requested staff to prepare a report as to how these charges relate to $.25 per yard. 5 5-28-91 H. AWARD OF BIDS I. UNFINISHED BUSINESS 1. Discussion of Recycling Ordinances a. Assistant City Manager Maglich presented the staff report. b. City Attorney Kelly explained the legal procedures for reconsideration of an item. c. Councilmember Zappa moved that Council direct staff to update the Mining Ordinance and submit it for 2nd reading at the June 10 1991 meeting and to preaare a separate recycling ordinance to be presented to Council within a two- month period. Seconded by Councilmember Rossbach Ayes - all 2. Parkside Fire Department a. Assistant City Manager Maglich presented the staff report. b. Mayor Bastian moved to take no action and deal with the 2% cut in the 1992 Budget for Parkside Fire Department. Seconded by Councilmember Carlson Ayes - all J. NEW BUSINESS 1. Site Plan Revision: 3M Classroom Building (600 Carlton St.) a. Assistant City Manager Maglich presented the staff report. b. Director of Community Development Olson presented the specifics of the report c. Dale Hazelrud, Supervisor, 3M Co., spoke on behalf of the proposal. d. Councilmember Zappa to revise the site plan of the Mav 20. 1991 staff report that allows the addition of 4 antennas, sub.iect to 3M installing the base for the ground antennas at least 15 feet from the water line. the antenna dishes at least 10 feet from the waterline and planting of aoaroximately 15-foot (from ground grade) evergreens to shield the antennas from the South and East. Seconded by Mayor Bastian Ayes - all 2. Design Review Appeal - Baker's Square Addition, 3088 White Bear Ave. a. Assistant City Manager Maglich presented the staff report. b. Director of Community Development Olson presented the specifics of the report c. Dave Randolf, Baker's Square Project Manager, spoke on behalf of denying the appeal. Mark Leisman, representing the property owner for Hardee's Restaurant and th Schwinn property expressed their views. 6 5-28-91 _ d. Mayor Bastian moved to table and move to next item, which allows Baker's Square to proceed as approved by the Community Design Review Board. Seconded by Councilmember Carlson Ayes - all e. Councilmember Zappa moved to direct staff to explore a preliminary plan for the property to provide a roadway from Woodlvn to County Road D. A formal plan as - to costs, way to finance, condemnation, etc. Motion failed for lack of a second. 3. Fourth of July Celebration a. Assistant City Manager Maglich presented the staff report. b. Mayor Bastian moved to approve the budget transfer of $1.250 as presented. and allow the_City to be reimbursed up to $1.000 by other communities for the 4th of July Welcome Home Veterans Celebration. Seconded by Councilmember Carlson Ayes - M a y o r B a s t i a n, Councilmembers Carlson, Juker, Rossbach Nays - None Abstain - Councilmember Zappa 4. Authorization to purchase Monette Property a. Assistant City Manager Maglich presented the staff report. b. Councilmember Zappa moved to adopt the staff recommendation and authorize the City Manager and the Mayor to enter into a purchase agreement with Monette Construction for the purchase of the 2.52 acre parcel located at 2050 White Bear Avenue for a price of $548.750. Seconded by Councilmember Carlson Ayes - Councilmembers Carlson, Rossbach, Zappa Nays - Mayor Bastian, Councilmember Juker Ko VISITOR PRESENTATIONS NONE L. COUNCIL PRESENTATIONS 1. House on County Road B a. Councilmember Juker stated that at the house next to the Fulk property owned by the City, the grass is high and should be cut. Also, there is tall grass by the Gladstone Community Center which should be cut. b. Staff stated the City has given notice for the occupant to vacate. Staff will handle the grass cutting. 2. Burlington Northern Councilmember Rossbach reported that last Friday a truck loaded with sand dumped its load on the Burlington Northern right-of-way. Police were called and the perpetrators cleaned it up. 7 5-28-91 3. Rights-of-Way a. Councilmember Zappa stated he has seen the temporary vendors on street corners using the right-of-way to place their goods and have tied lines to telephone poles, etc. They should be informed that they cannot use the right-of-ways. b. Staff will state the requirements as a part of the permits. 4. North High Sleep-In a. Mayor Bastian stated he had received a call from Walter Rasmussen regarding a request for a donation for the North High Graduation Sleep-In. The City has not donated in the past. M. ADMINISTRATIVE PRESENTATIONS: NONE N. ADJOURNMENT: 9:08 P.M. Lucille E. Aurelius City Clerk 8 5-28-91