HomeMy WebLinkAbout01-25-93 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, January 25, 1993
Council Chambers, Municipal Building
Meeting No. 93-03
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 7:02 P.M. by Mayor Bastian.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL:
Gary W. Bastian, Mayor Present
Dale H. Carlson, Councilmember Present
Frances L. Joker, Councilmember Present
George F. Rossbach, Councilmember Present
Joseph A. Zappa, Councilmember Present
D. APPROVAL OF MINUTES:
1. Council/Manager Meeting - January 4, 1993
Councilmember Zappa moved to aoorove the minutes of Council/Meeting (January
4. 19931 as Dresented.
Councilmember Juker moved to table the minutes to allow time to listen to
the tape regarding the number of days to replace the Fire Department's
HAZMAT resaonsibility
Seconded by Mayor Bastian Ayes - Mayor Bastian, Councilmembers
Carlson, Juker, Rossbach
Nays - Councilmember Zappa
2. Meeting No. 93-01 (January il, 1993)
Councilmember Zappa moved to aoorove the minutes of Meeting No. 93-01
(January 11. 1993) as corrected:
Page 4; Item I,l,d: "Art Wilde, 2464 Flandrau, spoke in opposition to the project."
Page 5; Item I,3: Remove "as the current signs indicate"
Seconded by Councilmember Rossbach Ayes - all
3, Meeting No. 93-02 (January 19, 1993 - Special Meeting)
Councilmember Zappa moved to approve the minutes of Meeting No. 93-02
jJanuarv 19. 1993 - Special Meetingl as presented.
Seconded by Councilmember Rossbach Ayes - all
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E. APPROVAL OF AGENDA
Mayor Bastian moved to aaarove the Agenda as amended:
L 4. Police Department
L 5. Report on Construction of Work House
L 6. Corrections Report
L 7. Ramsey County Executive Report
J 8. Open Space Moratorium
L 8. Public Safety future Meeting
L 9. Open Space
M i. Council/Manager Meeting
M 2. Community Design Review Board Appointment
Seconded by Councilmember Zappa Ayes - Mayor Bastian, Councilmembers
Carlson, Rossbach, Zappa
Nays - Councilmember Juker
EA. PRESENTATIONS
I. Human Relations Commission Annual Report
a. Manager McGuire presented the staff report.
b. Chairperson Karla Sand presented the report.
c. Councilmember Zappa moved to accept the Human Relations Commission
Annual Reoort.
Seconded by Bastian Ayes - all
F. CONSENT AGENDA:
- Councilmember Zappa moved seconded by Councilmember Rossbach: aver - all. to aoorove
the consent agenda items 1 through 7 as recommended:
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: 5 492,785.93 Checks #24111 - #24165
Dated 1-4-93 thru 1-12-93
S 154.524.01 Checks #19587 - #19764
Dated 1-25-93
E 647,309.94 Total per attached voucher/check
_ register
PAYROLL: S 212,868.40 Payroll Checks #30407 thru #30588
Dated 1-15-93
S 44.143.72 Payroll Deduction Checks #30593 thru
#30610 dated 1-15-93
S 257,012,12 Total Payroll
S 904.322.06 GRAND TOTAL
2 1-25-93
2. Financial Transfers to Close Debt Service Funds
Authorized closing of the following funds:
Remaining Balances
State Street Aid Bonds of 1971 $109,366.52
Fire Station Bonds of 1980 3,320.35
Improvement Bonds of 1972 - Series I 46,336.55
Improvement Bonds of 1972 - Series II (36,158.03)
Advance Refunding Bonds of 1974 6.248.22
Total $129,113.61
Also authorized transferring the net remaining balance from the above funds
be transferred to the Capital Improvement Projects Fund, effective December
31, 1992, and approved the appropriate budget- adjustments to accomplish
that.
3. 1992 Budget Changes - Internal Rental Charges
Approved the following transfers to finance the 1992 Vehicle Equipment
Maintenance Fund rental charges:
Transfer From (To)
Contingencv Account
501 Public Works Administration 1,150)
502 Street Maintenance (63,750)
503 Engineering 4,860
601 Parks & Recreation Administration (300)
602 Parks Maintenance 30,560
603 Recreation Programs (560)
701 Community Development Administration (120)
702 Planning (1,530)
703 Building Inspections (2,360)
- 704 Environmental Health (5601
Net Amount to Contingency Account $(35,910)
4. Preliminary Plat Time Extension: Kohlman Lake Overlook No. 5
Extended preliminary approval for the Kohlman Lake Overlook Number 5 plat
for one year.
5. Conditional Use Permit Review: Eastern Heights State Bank
Extended for one year the conditional use permit for an office and bank
building at the southeast corner of Minnehaha Avenue and McKnight Road.
6. Tax Exempt Financing Change: Emerald Inn
93-01-03
AUTHORIZING THE EXECUTION AND DELIVERY OF AMENDMENTS
RELATING TO THE X1,100,000 COMMERCIAL DEVELOPMENT REVENUE NOTE OF 1982
(EMERALD INN OF MAPLEWOOD)
AND DOCUMENTS RELATING THERETO
WHEREAS, pursuant to a Final Note Resolution adopted by the City Council on
October 7, 1982 (the "Resolution"), the City issued its $1,100,000 Commercial
Development Revenue Note of 1982 (Emerald Inn of Maplewood) dated as of October
14, 1982 (the "Note"), to provide financing for Emerald Inn of Maplewood, A
Minnesota Partnership (the "Borrower"), to acquire, construct and equip a 66-unit
Emerald Inn Hotel located at the intersection of Interstate 694 and White Bear
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Avenue in Maplewood (the "Project") which is owned by the Borrower. The proceeds
of the Note were loaned to the Borrower pursuant to a Loan Agreement dated
October 14, 1982 (the "Loan Agreement"). The Note was purchased by first
National Bank of Minneapolis, now known as First Bank National Association (the
"Bank"). Pursuant to a Pledge Agreement dated October 14, 1982 (the "Pledge
Agreement"), the City assigned the Loan Agreement to the Bank. The obligations
of the Borrower under the Loan Agreement including the obligation to repay the
Note are secured by a combination Mortgage, Security Agreement and fixture
Financing Statement dated October 14, 1982, executed by the Borrower in favor of
the Bank (the "Mortgage"), by an Assignment of Rents and Leases dated October 14,
1982, executed by the Borrower in favor of the Bank (the "Assignment") and by a
Guaranty dated October 14, 1982, executed by Frederick H. Chute, Sr., Frederick
_ H. Chute, Jr., Edmund P. Chute, David M. Chute, Ann M. Chute, John Chute,
Constance Chute Dowling, Michael L. Schwartz, Judson .Dayton, Duncan Dayton,
Richard A. Yurek, Thelma J. Yurek, Lorraine T. Becker, Francis J. Becker, Rose
Ann Yurek, Arthur B. Johnson, and Maryann P. Johnson in favor of the Bank (the
"Guaranty"); and
WHEREAS, the Bank has agreed to sell the Note and transfer and assign
all of its right, title and interest in and to the Note, the Mortgage, the
- Loan Agreement, the Pledge Agreement, the Guaranty and the Assignment to
George J. Reiling, Sr., and Mary Jane Reiling, as joint tenants with the
_ right of survivorship (collectively, the "Purchaser"); and
WHEREAS, the Purchaser and the Borrower have agreed to reduce the
interest rate on the Note and to amend certain of the terms of repayment of
the Note as set forth in the Amendment No. 1 to Note which has been
submitted to the Council for approval (the "Note Amendment") and have agreed
to amend the Loan Agreement, the Pledge Agreement, the Mortgage and the
Assignment pursuant to Amendment No. 1 to Loan Documents (the "Loan
Documents Amendment") which has also been submitted to the Council for
approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Maplewood as follows:
1. The City shall proceed forthwith to execute and deliver the Note
Amendment and the Loan Documents Amendment substantially in the
forms and upon the terms set forth i n the forms on fi 1 e with the
City. The Mayor and City Clerk are authorized and directed to
execute the Loan Documents Amendment and Note Amendment and
deliver them to the Purchaser.
2. The Mayor and City Clerk and other officers of the City are
authorized and directed to prepare and furnish to the Purchaser
certified copies of all proceedings and records of the City
relating to the Note and such other affidavits and certificates
as may be required to show the facts relating to the legality of
the Note, Loan Documents Amendment and Note Amendment as such
facts appear from the books and records in the officers' custody
and control or as otherwise known to them.
3. The approval hereby given to the Loan Documents Amendment and
Note Amendment and other various documents referred to above
includes approval of such additional details therein, as may be
necessary and appropriate and such modifications thereof,
deletions therefrom and additions thereto as may be necessary
and appropriate and approved by the City Attorney and the City
officials authorized herein to execute said documents prior to
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their execution; and said City officials are authorized to
approve such changes on behalf of the City. The execution of
any instrument by the appropriate officer or officers of the
City herein authorized shall be conclusive evidence of the
approval of such documents in accordance with the terms hereof.
In the absence of the Mayor or City Clerk, any of the documents
authorized by this Resolution to be executed may be executed by
any other City Council member or officer of the City. The city
Clerk is hereby authorized to register the transfer of the Note
from the Bank to the Purchaser as provided on the Note, as
_ amended and the Resolution and to register the Note in the name
of the Purchaser.
7. Park and Recreation Commission Annual Plan
Accepted the 1992 Annual Report and 1993 Activity Plan of the Maplewood Park
and Recreation Commission.
Councilmember Zappa moved that in the Parks and Recreation Commission Annual
Resort and Activity Plan, all the parks addresses be listed.
Seconded by Councilmember Rossbach Ayes - all
G. PUBLIC HEARINGS
1. 7:00 P.M. (7:20 P.M.): Preliminary Plat - Highwood Meadows
a. Mayor Bastian convened the meeting for a public hearing regarding a
revision of the existing Condition One and a one-year time extension for
the preliminary plat for Highwood Meadows development.
b. Manager McGuire stated the applicant, Mr. Kayser, is in the hospital and
could not attend the meeting.
c. Manager McGuire presented the staff report.
d. Director of Community Development Olson presented the specifics of the
report.
- e. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following persons were heard:
Randal Lewis, 2450 Highwood
f. Mayor Bastian closed the public hearing.
Revision of Condition One
g. Councilmember Zappa moved eliminating Condition 1 (The City signing
construction contracts for Sterling Street from Hillwood Drive to Vallev
View Avenue and for Schaller Drive from Sterling Street to Lakewood
Drive.) and approving revised conditions as follows:
1. Complete a signed developer's agreement, with required surety,
for all required public improvements, erosion control and tree
planting. This agreement also shall include:
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a. Thee placement of temporary fencing and signs during
construction around woodlots that the developer will save.
b. The installation of street lights in six locations,
primarily at street intersections. The exact location and
type of light shall be subject to the City Engineer's
approval.
c. The installation of no-parking signs along the west side of
Sterling Street from Highwood Avenue to the north end of the
plat,
d. The construction of an eight-foot-wide bituminous walkway
and chain link fencing between Lots 32 and 33, Block 3, if
the City decides to buy Outlot E, F or G.
2. Make the following changes to the plat:
a. Add a thirty-foot-wide drainage and utility easement along
the west property line of Lot 10, Block 7.
b. Add four (4) twenty-foot-wide drainage and utility easements
in the following locations:
(1) between Lots 8 and 9, Block 2
(2) between lots 14 and 15, Block 3
(3) between Lots 7 and 8, Block 6
(4) between Lots 1-4 and 8-10, Block 7.
c. Dedicate atwenty-foot-wide walkway between Lots 32 and 33,
Block 3, if the City decides to acquire Outlot E, F, or G.
d. Drop the easement between Lots 1 and 2, Block 6.
- 3. Grant to the City three temporary 100-foot-diameter cul-de-sac
bulb easements"for Valley View Avenue, Sterling Street and
Crestview Drive.
4. Submit final grading, utility, drainage, erosion control and
street plans to the City Engineer for approval. The erosion
control plan shall address the recommendations of the Soil
Conservation District and the Ramsey-Washington Watershed
District. The grading plan shall include proposed building pad
elevation and contour information for each home site. It shall
also include contour information for the area that the street
construction will disturb. The grading plan shall illustrate
housing styles which minimize grading on sites that the
developer will save. The grading plan shall show the depth and
location of the William's Brothers pipeline. The City Engineer
may approve deviations from the approved grading plan, provided
the changes follow the intent of the overall grading plan.
5. Provide a tree planting plan for the plat. This plan shall show
the location of trees that the developer will plat. All trees
that the developer will plat shall be at least two and one-half
inches in diameter.
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6. Revise the plat to provide a 60-foot-wide street right-of-way
from Schaller Drive to Outlot A of Valleyview Estates. The
plans for this change shall be subject to the approval of the
Director of Community Development.
7. Submit recordable deed restrictions to the City along with the
recording fees. These deed restrictions are to prohibit the
construction of a dwelling or its attachments within 100 feet of
the William's Brothers pipeline. (This affects Lot 1, Block 4
and Lots 1-7, Block 5.) The developer shall also notify the
purchasers of the pipeline location.
_ 8. Change six of the proposed lot lines so they are perpendicular
to the street centerline or radial to the center of the cul-de-
sacs.
9. Change the names of L~irdsong Lane and Crestview Lane to
Crestview Drive.
10. Change the names of Wildflower Court and Wildflower Lane to
Matterhorn Drive.
Seconded by Councilmember Rossbach Ayes - Councilmembers Carlson, Juker,
Rossbach, Zappa
Nays - Mayor Bastian
Time Extension
h. Councilmember Zappa moved aporoval of a one-near time extension for the
preliminary plat.
Seconded by Councilmember Rossbach Ayes - Councilmembers Carlson, Juker,
Rossbach, Zappa
Nays - Mayor Bastian
2. 7:20 P.M.s Holloway Pond
a. Mayor Bastian convened the meeting for a public hearing regarding a
request from Good Value Homes to build 24 town homes south of Holloway
Avenue between Beebe Road and Furness Street.
b. Manager McGuire 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. Board Member Robinson presented the Community Design Review Board
report.
f. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following persons were heard:
Derrick Pashe Ulteig, representing Good Value Homes
Resident of 1568 Myrtle Street
Ron Neil, 1884 Furness
Bob Enwer, 1695 East County Road D
g. Mayor Bastian closed the public hearing.
7 1-25-93
- Lot Area and Frontage Variances
h. Councilmember Zappa introduced the following Resolution and moved its
adoption:
93-01-04
ZONING VARIANCE
WHEREAS, Good Value Homes is applying for a variance from the zoning ordinance.
WHEREAS, this variance applies to the property bounded by Holloway Avenue,
Furness Street and Beebe Road. The legal description is:
That part of the North half of the Northwest Quarter of the Northeast
Quarter of the Southeast Quarter lying West of a line described as
beginning at a point on the North line of said Southeast Quarter distant
1241.94 feet West from the Northeast corner of said Southeast Quarter,
said point of beginning being the intersection point of the Easterly
right-of-way line of the Minneapolis and St. Paul Suburban Railroad
Company with said North line of the Southeast Quarter; thence South 0
degrees 9 minutes West along said Easterly right-of-way line a distance
of 285.54 feet; thence Southerly along a tangential curve to the left
having a radius of 1860.08 feet to an intersection with the South line
of said North half of the Northwest Quarter of the Northeast Quarter of
the Southeast Quarter and there terminating;
That part of the North half of the Northeast Quarter of the Northwest
Quarter of the Southeast Quarter lying East of a line described as
beginning at a point on the North line of said Southeast Quarter distant
1321.94 feet West from the Northeast corner of said Southeast Quarter;
thence South 0 degrees 09 minutes West (assuming said North line of the
Southeast Quarter as bearing East and West) a distance of 285.33 feet;
thence Southerly along a tangential curve to the left having a radius of
1940.08 feet to an intersection with the South line of said North-half
of the Northeast Quarter of the Northwest Quarter of the Southeast
Quarter and there terminating; all in Section 14, Township 29, Range 22.
That part of the North half of the Northeast Quarter of the Northwest
Quarter of the Southeast Quarter of Section 14, Township 29, Range 22,
lying West of a line described as beginning at a point on the North line
of said Southeast Quarter distant 1321.94 feet West from the Northeast
` corner of said Southeast Quarter; thence South 00 degrees 09 minutes
West (assuming said North line bears East and West) 285.33 feet; thence
Southerly on a tangential curve to the left, having a radius of 1940.08
feet, to the South line of said North half of the Northeast Quarter of
the Northwest Quarter of the Southeast Quarter and there terminating.
WHEREAS, Section 36-88 of the Maplewood Code of Ordinances requires a minimum lot
area of 12,000 square feet and a minimum frontage of 85 feet for double dwellings.
WHEREAS, Good Value Homes is proposing to build double dwellings on lots as small
as 6,006 square feet with frontages of 66 feet.
WHEREAS, the history of this variance is as follows:
1. The Community Design Review Board discussed this variance on January 12,
1993. They recommended that the City Council approve this variance.
8 1-25-93
2. The Planning Commission discussed this variance on January 4, 1993. They
recommended that the City Council approve this variance.
3. The City Council held a public hearing on January 25, 1993. 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. There is an unusual hardship. A homeowners' association will own and
maintain the land that the developer would normally use to meet the lot area
and frontage requirements.
2. This variance would meet the intent of the ordinance, since the project
would meet the City's density requirements.
Seconded by Councilmember Rossbach Ayes - Councilmembers Carlson,
Rossbach, Zappa
Nays - Mayor Bastian, Councilmember
Juker
Preliminary P1 at
i. Councilmember Zappa moved to aoorove the oreliminarv slat sub.iect to
completion of the following conditions:
1) Have the City Engineer approve the final construction plans. These
plans shall include the grading, street, utility, erosion control,
tree and drainage plans. The Engineer must approve the tree plan
before any grading begins or the City Council approves the final
plat. The erosion control plan shall be consistent with the Ramsey
Soil and Water Conservation District erosion and Sediment Control
Plan.
2) Sign an agreement with the City that guarantees that the developer
will complete all public improvements and meet all City
requirements. This agreement shall require that the developer:
(a) Construct the storm sewer outlet and connection to the Beebe
Road storm sewer
(b) Place temporary fencing and signs 2 feet from drip line around
all trees that the developer will save.
(c) Install permanent signs around the edge of the wetland buffer
zone. These signs shall state that there shall be no mowing,
vegetation cutting, filling or dumping of lawn waste.
(d) Clean out debris from pond.
3) Make the following changes on the plat:
(a) Dedicate a 20-foot-wide drainage and utility easement to the
City over the storm sewer pipe between Beebe Road and the pond.
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(b) Change Furness Avenue to Furness Street.
4) Record covenants or deed restrictions with the final plat that:
Inform property owners about the wetland on the site and prohibit
any mowing, vegetation cutting, filling or dumping, including yard
waste, on the wetland or on a ten-foot buffer strip around the
wetland.
If the developer decides to final plat part of the preliminary plat, the
Director of Community Development may waive any conditions that do not
apply to the final plat.
Seconded by Councilmember Rossbach Ayes - Councilmembers Carlson,
Rossbach, Zappa
Nays - Mayor Bastian, Councilmember
Juker
Plan Approval
j. Councilmember Zappa moved to approve the plans stamped October 26 1992
for Holloway Pond with Good Value Homes doing the following:
1) Repeat this review in two years if the City has not issued a
building permit for this project.
2) Replace property irons that are removed because of this
construction.
3) Restore and sod damaged boulevards.
4) Submit a grading, drainage, utility and erosion control plan to the
City Engineer for approval.
5) Dedicate a 20-foot-wide easement to the City over the storm sewer
pipe between Beebe Road and the pond.
6) Install a fire hydrant along the Beebe Road frontage, subject to
Staff approval.
7) Install an in-ground sprinkler system that does not spray on public
streets. (code requirement)
8) Revise the landscape plan for Design Review Board approval showing
shrubbery by the buildings and a planting plan along the street
frontages. There shall be enough trees, berming or shrubs along the
Beebe Road driveway setback to provide some screening for the
driveway. The landscape plan shall shown the species, quantity and
size of all proposed plantings.
9) Have the location of each building staked. by a registered land
surveyor.
10) Install addresses on the buildings.
11) Provide address signs at the driveway entrances for the three- and
four-unit buildings.
12) Submit a cash escrow or an irrevocable letter of credit to the City
for any required work that is not completed by occupancy. The
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required escrow amount shall be 150% of the cost of the unfinished
work. Good Value Homes shall give the staff an agreement that will
allow the City to complete any unfinished work.
Seconded by Councilmember Rossbach Ayes - Councilmembers Carlson,
Rossbach, Zappa
Nays - Mayor Bastian, Councilmember
Juker
H. AWARD OF BIDS
NONE
I. UNFINISHED BUSINESS
1e Oak Ridge
(a) EIS Determination
(b) Land Use Plan Change (4 Votesp
(c) Zoning Map Change (4 Votes)
(d) street Vacation (4 Votes)
(e) Code Variation - Arlington Avenue
(f) Code Variation - Myrtle Street
(g) Code Variation - Montana Avenue
(h) Preliminary Plat
_ (i) Setback Variance
(j) Increased front Setbacks
(k) Code Variation - Street Width
a. Manager McGuire presented the staff report.
Motion on the table:
"Councilmember Zappa moved to adopt the'staff recommendation and not
require an Environmental Impact Statement because based on the Januarv
14 1992 staff report and the Citv's letters resoondina to those who
commented on the EAW, the Dro.iect does not have the potential for
significant environmental effects.
"Seconded by Councilmember Juker"
Councilmember Zappa withdrew his motion.
Councilmember Juker withdrew her second.
b. Mr. Gonyea answered questions from the Council.
c. Ralph Tully, attorney for Gonyea Homes, commented on the project.
d. Mike Geire, 15050 23rd Avenue North, Plymouth; Gonyea Homes
e. Mr. Gonyea stated he would grant a two-week extension to work out the
necessary language and prepare the appropriate resolutions to allow
approval of the project as discussed.
EIS Determination
f. Councilmember Zappa moved to not order an Environmental Impact Statement
for the pro.iect.
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Seconded by Councilmember Juker Ayes - Mayor Bastian, Councilmembers
Juker, Rossbach, Zappa
Nays - Councilmember Carlson
Land Use P1 an Change (4 Votes)
g. Councilmember Zappa introduced the following Resolution and moved its
adootion:
93-01-05
LAND USE PLAN CHANGE
WHEREAS, Gonyea Company, Inc. requested a change to the City's land use
plan from R-3M (residential medium density) and OS (open space) to R-1
(single dwellings) and OS (open space).
WHEREAS, this change applies to property located east of McKnight Road,
between the Chicago Northwestern Railroad and the Hoyt Avenue right-of-way.
(PIN-24-29-22-24-0010)
WHEREAS, the history of this change is as follows:
i. The Planning Commission held a public hearing on December 21, 1992.
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 that the City Council approve the plan amendment.
2. The City Council discussed the plan amendment on January 19, 1993.
They considered reports and recommendations from the Planning
Commission and City staff.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described change as shown in the staff report presented at the meeting. The
Council approves this change for the following reasons:
1. The developer is proposing to develop the site for single dwellings.
2. Single dwellings would be more compatible than multiple dwellings
with the homes to the north of the site.
3. This change would reduce the allowable density and traffic from this
site.
Seconded by Councilmember Juker Ayes - all
Zoning Map Change (4 Votes)
h. Councilmember Zappa introduced the following Resolution and moved its
adootion°
93-01-06
ZONING MAP CHANGE
12 1-25-93
WHEREAS, the Gonyea Company, Inc. requested changes in the zoning map
from R-3 (multiple dwellings) and M-1 (light manufacturing) to R-1 (single
dwellings).
WHEREAS, this change applies to the property located east of McKnight
Road between the Chicago Northwestern Railroad and the Hoyt Avenue right-of-
way. (PIN 24-29-22-24-0010)
WHEREAS, the history of this change is as follows:
1. On December 21, 1992, the Planning Commission recommended that the
City Council approve the change.
2. The City Council held a public hearing on January 19, 1993. 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 change in the zoning map for 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 conveniences
of the community, where applicable, and the public welfare.
4. The proposed change would have no negative effect upon the logical,
efficient, and economical extension of public services and
facilities, such as public water, sewers, police and fire protection
and schools.
5. It would be consistent with the proposed development and with the
proposed land use change.
Seconded by Councilmember Juker Ayes - all
Street Vacation (4 Votes)
i. Councilmember Zappa introduced the following Resolution and moved its
adoption:
93-01-07
STREET VACATION
WHEREAS, the Gonyea Company, Inc. requested that the City vacate the
following described street: the undeveloped Hoyt Avenue right-of-way,
between Sterling Street and Glendon Street.
WHEREAS, the history of this vacation is as follows:
13 1-25-93
1. On December 21, 1992, the Planning Commission recommended that the
City Council approve this vacation.
2. The City Council held a public hearing on January 19, 1993. City
staff published a notice in the Maplewood Review and sent notices to
the abutting property owners as required by law. The Council gave
everyone at the hearing a chance to speak and present written
statements. The Council also considered reports and recommendations
from the City staff and Planning Commission.
WHEREAS, after the vacation is approved, public interest in the property
will accrue to the following abutting properties: Lots 10-18, Block 2,
Bradley Oaks Addition, Maplewood
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described vacation because it is in the public interest. It is in the
public interest because:
1. The adjacent properties would be better served by other streets.
2. To construct Hoyt Avenue, the City would have to fill a wetland and
construct a new wetland to compensate for the filling.
This vacation is subject to the retention of a drainage and utility
easement over the right-of-way.
Seconded by Councilmember Juker Ayes - all
j. Mayor Bastian moved to direct staff to prepare the Resolutions for Items
I-l.e through k.
k. Councilmember Rossbach moved to amend the motion by seaaratina i and .i.
Seconded by Councilmember Rossbach Ayes - all
Setback Variance
1. Councilmember Rossbach moved to deny the variance and direct staff to
follow present procedures.
Seconded by Councilmember Zappa Ayes - Mayor Bastian, Councilmembers
Juker, Rossbach, Zappa
Nays - Councilmember Carlson
Increased Front Setbacks
m. Councilmember Rossbach moved to approve a front setback of 90-110 feet
for Lot 5 and a front setback of 60-BO feet for Lot 6, provided that the
reouired rear vard setback is met and the setback is the minimum needed
to avoid the wetland buffer zone.
Seconded by Councilmember Zappa Ayes - all
14 1-25-93
n. Councilmember Zappa moved to direct staff to re are an ordinance that
would require a sum~pumo in all R-1 dwellings.
Motion failed for lack of a second.
Council directed staff to incorporate the Council's changes into the remaining
motions and resolutions for February 8, 1993.
Mayor Bastian called a 5-minute recess.
Mayor Bastian reconvened the meeting at 10:30 P.M.
2. Non-Union Settlement
a. Manager McGuire presented the staff report.
b. Counciln~rmber Zappa moved to approve the non-union general wage increase
for 1993 as follows:
All non-union employees, excluding temporary and seasonal,
be granted a 2.5% general wage increase. Also, all full-
time non-union employees will receive an additional .5%
general wage increase (for a total of 3%) in exchange for
reducing the maximum City-paid dependent medical cost from
75% down to 50% + $35. Both changes will be retroactive to
January 1, 1993. All other benefits will remain the same.
Seconded by Mayor Bastian Ayes - Mayor Bastian, Councilmembers
Carlson, Rossbach, Zappa
Nays - Councilmember Juker
J. NEW BUSINESS
1~ Request by Jan Glasgow for Variance to be Allowed to House a Pig
a. Manager McGuire presented the staff report.
b. Councilmember Zappa moved to take no action as the City cannot le aq llv
approve a variance allowing housing of a oig. (City Code 462.37. subd.
Seconded by Councilmember Carlson Ayes - all
Councilmember Juker moved to waive the Rules of Procedure and extend the meeting to
11:00.
Seconded by Councilmember Carlson Ayes - all
2. Charitable Gambling Proceeds: Request for Funding
a. Manager McGuire presented the staff report.
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b< Assistant Manager Maglich presented the specifics of the report.
c. Mayor Bastian moved to award S3 000 of charitable gambling aroceeds to
the Lutheran Social Service Share-A-Home Program.
Seconded by Councilmember Zappa Ayes - Mayor Bastian, Councilmembers
Carlson, Juker, Rossbach
Nays - Councilmember Zappa
d. Mayor Bastian moved to award $2 000 of charitable gamblinq proceeds to
the Minnesota Deaartment of Transportation Work Safetv Zone Pilot
Pro.iect.
Seconded by Councilmember Zappa Ayes - Mayor Bastian, Councilmembers
Carlson, Rossbach, Zappa
Nays - Councilmember Juker
e. Mayor Bastian moved to award 5500 of charitable gambling proceeds to the
Tartan fast Pitch Booster Association.
Seconded by Councilmember Zappa Ayes - Mayor Bastian, Councilmember
Carlson
- Nays - Councilmembers Juker, Rossbach,
Zappa
f. Councilmember Zappa moved that the Council receive a quarterly resort on
the Senior Share-A-Home Program and to direct staff to present
applications on a quarterly basis.
Seconded by Councilmember Juker Ayes - all
3. Application for Community Development Block Grant Funds (CDBG)
a. Manager McGuire presented the staff report.
b. Councilmember Rossbach introduced the following Resolution and moved its
adoption:
93-01-09
AUTHORIZING AN APPLICATION FOR
1993-94 RAMSEY COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
WHEREAS, on July 26, 1990, the Americans With Disabilities Act was
signed into law.
WHEREAS, the purpose of the new Federal legislation was to provide a
clear and comprehensive national mandate for the elimination of
discrimination against individuals with disabilities.
WHEREAS, the City Council directed a special ADA review committee
composed of residents to evaluate all City buildings and programs for
compliance with ADA guidelines.
WHEREAS, the Americans With Disabilities Act Performance Team (ADAPT)
recommends that the City install automatic power front entry doors to City
Hall to enable persons with handicaps, the elderly, and others who need
assistance opening doors.
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_ WHEREAS, the proposed project of the installation of automatic power
front doors is an eligible use of Community Development Block Grant funds.
WHEREAS, the installation of the automatic front doors would benefit
Ramsey County residents and all others who visit City Hall for services.
NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council requests
that Ramsey County approve a 1993-94 Community Development Block Grant for
the City of Maplewood for the installation of automatic power doors at the
entry way of City Hall.
Seconded by Councilmember Carlson Ayes - all
4. Sidewalk and Bus Stop Plowing
_ a. Manager McGuire presented the staff report.
b. Councilmember Zappa moved to table J-4 until the February 8 meetino.
Seconded by Councilmember Rossbach Ayes - Council members Carlson, Juker,
Rossbach, Zappa
Nays - Mayor Bastian
5. T.H.61 Frontage Roads: Authorization for feasibility Study
a, Manager McGuire presented the staff report.
b. Councilmember Zappa introduced the following Resolution and moved its
adoption:
93 - O1 - 10
ORDERING PREPARATION OF A FEASIBILITY STUDY
WHEREAS, it is proposed to replace the TH 61 frontage roads and to
assess the benefited property for all or a portion of the cost of the
improvement, pursuant to Minnesota Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL Of MAPLEWOOD,
MINNESOTA:
That the proposed improvement be referred to the City Engineer for study
and that he be instructed to report to the Council with all convenient speed
advising the Council in a preliminary was as to whether the proposed
improvement is feasible and as to whether it should best be made as proposed
or in connection with some other improvement, and the estimated cost of the
improvement as recommended.
FURTHERMORE, funds in the amount of 318,000.00 are appropriated to
prepare this feasibility report.
Seconded by Councilmember Carlson Ayes - Councilmembers Carlson, Juker,
Zappa
Nays - Mayor Bastian, Councilmember
Rossbach
17 1-25-93
6. Use Deed: Mississippi Street and County Road B
a. Manager McGuire presented the staff report.
b. Councilmember Zappa moved to request a use deed from Ramsev Countv for
the lot at Mississippi Street and Countv Road B.
Seconded by Mayor Bastian Ayes - all
7. Council Cost of Living Adjustments
a. Manager McGuire presented the staff report.
b. Council took no action on this item..
8. Open Space
a. Councilmember Carlson stated he has had several conversations with
citizens regarding placing a moratorium on property designated as open
space in the committee report.
b. City Attorney Kelly presented a legal opinion regarding an open space
moratorium.
K. VISITOR PRESENTATIONS
L Greg Jueneman, 721 Mt. Vernon
a. Mr. Jueneman stated he felt that the Council could place a moratorium on
the top 20% of the land designated as open space.
b. Mr. Jueneman suggested a committee be set up to determine -what
properties could be protected until such time as a referendum can be
held.
Councilmember Juker moved to hear Item M-1 at this time.
Seconded by Councilmember Zappa Ayes - all
M. ADMINISTRATIVE PRESENTATIONS
1. Council/Manager Meeting
a. Manager McGuire requested a Council/Manager meeting be scheduled.
b. Council will submit dates to the Manager when they will be available to meet.
2. Community Design Review Board Appointment
a. Council will interview both candidates; dates for interviews will be set
at the Council/Manager meeting.
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N. ADJOURNMENT OF MEETING
Meeting adjourned at 11:18 P.M.
~ Lucille E. Aurelius
City Clerk
19 1-25-93