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
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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..
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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
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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.
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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.
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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.
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_ 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.
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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
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