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HomeMy WebLinkAbout12-12-1994 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, December 12, 1994 Council Chambers, Municipal Building Meeting No. 94-25 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 Sherry Allenspach, Councilmember Present Dale H. Carlson, Councilmember Present Marvin C. Koppen, Councilmember Present George F. Rossbach, Councilmember Present D. APPROVAL OF MINUTES: 1. Minutes of Meeting 94-23, (November 28, 1994) Councilmember Carlson moved to approve the minutes of Meeting No. 94.23 (November 28. 1994) as presented. Seconded by Councilmember Koppen Ayes - all 2. Minutes°of Meeting 94-24, (November 29, 1994) Councilmember Rossbach moved to approve the minutes of Meetin4 No. 94-24 (November 29. 1994) as presented. Seconded by Councilmember Allenspach Ayes - all E. APPROVAL OF AGENDA: Mayor Bastian moved to approve the Agenda as amended: L1 Phase I Seconded by Councilmember Carlson Ayes - all 1 12-12-94 EA. APPOINTMENTS/PRESENTATIONS Mayor Bastian introduced Boy Scout Troop 73, who are working toward their Citizenship Badge. F. CONSENT AGENDA: Mayor Bastian moved seconded by Councilmember Carlson: ayes - all, to approve the Consent Agenda items F-1 thru F-3 as recommended. 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: S 412,164033 Checks #3408 - #3484 Dated 11-17-94 thru 11-30-94 $ 265.256.24 Checks #15692- #15823 Dated 12.12-94 $ 677,420.57 Total Accounts Payable PAYROLL: S 257,877.09 Payrol] Checks #44298 thru #44648 Dated 12-02.94 S 49.374.39 Payroll Deduction Checks #44653 thru #44671 dated 12-02-94 $ 307,251.48 Total Payroll S 984.672.05 GRAND TOTAL 2. Conditional Use Permit Review, 1770 McMenemy Street (St. Paul Hmong Alliance Church) Reviewed and approved for renewal the Conditional Use Permit for the St. Paul Hmong Alliance Church, 1770 McMenemy Street. This CUP will not be reviewed again unless there is a problem. 3. 1995 On-Sale, Off-Sale and Club Liquor License Renewals Approved the 1995 On-Sale, Club, Wine and Off-Sale liquor licenses as follows: 2 12.12.94 _ _ _ _ 94 - 12 - 146 APPROVAL OF 1995 ON-SALE LIQUOR LICENSES RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, that the following On-Sale Liquor Licenses, having been previously duly issued by this Council, are hereby approved for renewal for one year, effective January 1, 1995, with approval granted herein subject to satisfactory results of required Police, Fire and health Inspections: Frank Romano James Dean Adeline Benjamin Applebee's Deans, Inc. Maplewood Bowl 2112 Maplewood Mall 1986 Rice Street 1955 English Street 3001 White Bear Avenue Eugene A. Beaulieu Gregory Paul Kuhns Ronald Ringling Beau's Food & Spirits D. G. Burgers Corp Maplewood Inn 2289 E. Minnehaha 2441 Highway 61 1730 E. County Road D Stephen Yantes Raymond R. Emerfoll Gregory Tulgren Bleechers Garrity's M. T. Pockets & Co., Inc. 2220 White Bear Avenue 1696 White Bear Avenue 780 East County Road B Tom McDonough Chalet Lounge Gulden's The Olive Garden 1820 Rice Street 2999 N. Highway 61 1749 Beam Avenue -..Richard M. Authier Harry S. Given, Jr. Gerry L Walton ;hampps Keller Clubhouse Red Lobster Restaurant #283 1734 Adolphus 2166 Maplewood Drive 2925 White Bear Avenue Martin E. Mongoven Roger T. Claussen Mark Weinand Chili's Restaurants Keller Lake Lounge Red Rooster Liquor Lounge Southlawn & Beam 2280 Maplewood Drive 2029 Woodlynn Janet Kettler Thomas K. Buckley Ciatti's Italian Restaurant The Bird 1900 E. County Road D 2025 White Bear Avenue Club On-Sale Liquor License: North Maplewood Lions Club Loyal Order of Moose 963 1310 Frost Avenue 1946 English Street Wine On-Sale Liquor License: Taste of India 1745 Cope Avenue 3 12-12.94 94 - 12 - 147 APPROVAL OF 1995 OFF-SALE LIQUOR LICENSES RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, that the following Off-Sale Liquor Licenses, having been previously duly issued by this Council, are hereby approved for renewal for one year, effective January 1, 1995, with approvals granted herein subject to satisfactory results of required Police, Fire and health inspections: Arthur Mark Stein Gary Hanscom Laber's Liquors M.G.M. Liquors 1730 Rice Street 2950 White Bear Avenue = Wendy Lauber Marven C. Koppen Maplewood Wine Cellar Party Time Liquor 1281 Frost Avenue 1835 E. Larpenteur Ave. - Gust R. Barrack Sarrack's International Wine & Spirits 2305 Stillwater Road G. PUBLIC HEARINGS 1. 7:00 P.M.: Public Hearing on Proposed 1995 Budget and Property Taxes a. Mayor Bastian convened the meeting for a public hearing regarding the Proposed 1995 Budget and Property Taxes. b. Manager McGuire presented the staff report. c. Director of Finance Faust presented the specifics of the report. d. City Attorney Kelly explained the procedure for public hearings. Citizen Comments e. Mayor Bastian opened the public hearing, calling for proponents or opponents. No one appeared. f. Mayor Bastian closed the public hearing. Council Discussion 4 12-12.94 Resolution to Adopt the 1995 Budget g, Councilmember Carlson introduced the followin4 Resolution and moved its adoption: 94-12-148 RESOLUTION ADOPTING A BUDGET FOR 1995 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA that a budget for 1995 is hereby adopted as outlined in the following summary: CAPITAL DEBT OPERATING IMPROVEMENTS.. SERVICE BUDGET BUDGET BUDGET Estimated Balances 01/01/95 $ 8.775,606 $5,038,089 $10,810,375 Revenues 20,461,560 3,454,110 2,363,680 Net other increases (decreases) 280.280 1,731,540 1,219,050 Expenditures 20.835.765 7.369,670 6.304,000 Estimated Balances 12/31/95 $ 8,681.681 $2,854,069 $8,089,105 BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the 1995 Operating Budget: GENERAL FUND: $ 419,080 City Clerk.. 689,270 Community Development 488,860 Finance 1,608,350 General Government 983.910 Parks and Recreation' 5,188,230 Public Safety 1.796.090 Public Works $11,ll3,790 GENERAL FUND TOTAL CHARITABLE GAMBLING: 3,850 General Government DENTAL SELF-INSURANCE FUND: 53,080 General Government RECYCLING FUND: 190,670 Community Development RECREATION PROGRAM FUND:. 413,765 Parks and Recreation COMMUNITY CENTER FUND: 1,137.940 Parks and Recreation SEWER FUND: 2,983,010 Public Works WATER FUND: 1,670,210 Public Works V.E.M. FUND: 417,800 Public Works DATA PROCESSING FUND: 302,320 General Government PAYROLL BENEFITS FUND: 2,489.330 General Government $20,835,765 TOTAL OPERATING BUDGET APPROPRIATIONS Seconded by Councilmember Rossbach Ayes - all 5 12-12-94 Resolution to Adopt Tax Levy for 1995 , h. Councilmember Carlson introduced the followin4 Resolution and moved its adoption: 94 - 12 - 149 RESOLUTION CERTIFYING TAXES PAYABLE IN 1995 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA that_ 1. The following amounts of taxes be levied for 1994, payable. in 1995, upon the net tax capacity in said City of Maplewood, for the following purposes: ~ Operations $5,474,535 Capital Improvements 14,480 Debt Service 1.058.170 TOTAL LEVY $6,547,185 3 2. In addition, there is a $432,300 market value based referendum. levy for 1994 .payable in 1995 to finance the debt service on the 1995 Open Space Bonds. 3. There is on hand in the following sinking funds excess amounts as indicated after each fund and such shall be used to pay on the appropriate obligations of the City: DESCRIPTION 1967 General Obligation Sanitary Sewer Bonds $12,000 1977 Public Works Building Bonds 4,800 1977 General Obligation Improvement Bonds: Series 1 100 1988 General Obligation Improvement Bonds 128,440 1989 General Obligation Improvement Bonds 80 1990 General Obligation Improvement Bonds 197,170 1991 General Obligation Improvement Bonds: Series 1991A 65,339 1991 General Obligation Capital Notes 5,518 1993 Equipment Certificates: Series 1993A 14,538 1993 General Obligation Refunding Bonds Series 19930 20,525 1994 Open Space Bonds 10.002 TOTAL $458.512 In accordance with Minnesota Statues 475.61 and 273.13, Subd. 19 (3), (a), (b), (c), and Chapter 297a and Chapter 162 of Minnesota Statues, the County Auditor of Ramsey County is hereby authorized and directed to reduce by the amounts above mentioned the tax that would otherwise be included in the rolls for the Year 1994 and collectible in 1995. 4. It has been determined that the following sinking funds have insufficient projected assets to meet projected liabilities, as required by State Statute, and original resolution levying ad-valorem taxes must be increased by the following amounts: 1977 Refunding Bonds $33,300 1989 Tax Increment Bonds 9,100 1993 Tax Increment-Bonds Series 19936 252.797 TOTAL $295,197 i 5. There is $257,530 of homestead and agricultural aid that will be used to reduce the scheduled tax levies for all sinking funds. 6. Changes set forth in sections 3-5 above result in a net reduction of $420,845 in the. scheduled levy of $1,911,315. i Seconded by Councilmember Rossbach Ayes - all ~ 6 12-12-94 L. COUNCIL PRESENTATIONS 1. Phase I _ a. Mayor Bastian and Councilmember Koppen met with the Director of Metro East regarding rejoining the Metro East Council. b. A presentation by the Director of Metro East on the Economic Development Study, Phase I, will be on the December 19, 1994 Agenda. G. PUBLIC HEARINGS (Continued) 2. 7:20 P.M.(7:22 P.M.): Conditional Use Permit Revision: 1255 Cope Ave. (Northern Hydraulics) a. Mayor Bastian convened the meeting for a public hearing regarding the proposed revision to the Conditional Use Permit for Northern Hydraulics. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the report. d. Commissioner Rossbach presented the Planning Commission report. e. Mayor Bastian opened the public hearing,. calling for proponents or opponents. The following person was heard: Mr. Rose, Northern Hydraulics f. Mayor Bastian closed the public hearing.- g. Councilmember Rossbach introduced the following Resolution and moved its adoption, with the CUP to be reviewed in one year: 94 - 12 - 150 CONDITIONAL USE PERMIT REVISION WHEREAS, Northern Hydraulics, Inc., applied for a revision to their conditional use permit. The conditional use permit allows a commercial building within 350 feet of a residential district. WHEREAS, Northern Hydraulics, Inc., requested a change in the permitted weekday hours of operation from 7:00 a.m.-7:00 p.m. to 8:00 a.m.-8:00 p.m. WHEREAS, this permit applies to 1255 Cope Avenue. The legal description is: Clifton Addition, Ramsey County, Minnesota. Vac St Accruing & Fol: Com at NW Cor of Lot 16 Blk 13 th E on NL of SD Blk 379.61 ft to Beg th S 29 Deg 14 MN W 117.56 ft to NE Line of Rd as Opened in Doc 2021912 th NW on SD NE Line 7 12-12.94 368.09 ft to WL of Blk 18 th N on SD WL 68.06 ft to SL of Hwy 36 th E on SL of Hwy 379.43 ft th S to Beg Being part of Lots 19 Thru 25 Blk 13 & Part of B1k 18. WHEREAS, the history of this conditional use permit revision is as follows: 1. On November 21, 1994, the Planning Commission recommended that the City Council approve this permit. 2. On December 12, 1994, the City Council held a public hearing. The City staff published a notice in the paper and sent notices to the surrounding property owners. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described conditional use permit revision, because: 1. 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. 4. 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. 5. 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. 8. 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 the following conditions: 1. All construction must comply with the site plan, received by the City on September 24, 1990. The Director of Community Development may approve minor changes. The City Council may approve major changes. 2. There shall be no outside storage of goods, materials or trash. 3. The canopy shall not be illuminated. 8 12.12.94 4. The hours of operation shall be from 8 a.m. to 8 p.m. Monday-Friday, 8 a.m. to 5 p.m. Saturdays, and 10 a.m. to 4 p.m. on Sundays. 5. There shall be no overnight pa"rking of trucks. Seconded by Councilmember Koppen Ayes - all L. COUNCIL PRESENTATIONS (CONTINUED) 2. Mayor's Update a. Dispute Resolution Center. Mayor Bastian suggested we invite North St. Paul and Oakdale to create a dispute resolution center whereby neighborhood problems - could be handled. b. .Manager McGuire will schedule a meeting. G. PUBLIC HEARINGS (CONTINUED) 3. 7:30 P.M. (7:33 P.M.):2410 Stillwater Road (Gethsemane Lutheran Church) a. Mayor Bastian convened the meeting fora public hearing regarding b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the report. d. Boardmember Anitzberger presented the Community Design Review Board report. = e. Commissioner Rossbach presented the Planning Commission report. - f. Mayor Bastian opened the public hearing, calling for. proponents or opponents. The following persons were heard: Jeremy Bork, Trossen Wright Architects g. Mayor Bastian closed the public hearing. 9 12-12.94 Conditional Use Permit h. Councilmember Carlson introduced the following Resolution and moved its adoption: 94 - 12 - 151 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Gethsemane Lutheran Church applied for a conditional use permit to expand their church and parking lot. WHEREAS, this permit applies to 2410 Stillwater Road. The legal description is: Tract A. All that part of the West 1/2 of Southeast quarter of the Northwest quarter of Section 25, Township 29 North, Range 22 West, lying Southeasterly of the center line of State Trunk Highway No. 212 except the East 156.0 feet thereof; Tract B. All that part of the west 1/2 of the Northeast quarter of Southwest quarter of Section 25, Township 29 North, Range 22 West, lying Southerly and Easterly of the center line of State _ Trunk Highway No. 212, except the East 156.0 feet of the North 453.0 feet thereof; Tract C. All that part of the Northwest quarter of the Southwest quarter of Section 25, Township 29 North, Range 22 West, lying Southeasterly of the center line of State Trunk Highway No. 212; which lies southerly and easterly of the following described line: Commencing at the west quarter corner of said Section 25; thence run easterly on an assumed azimuth of 89 degrees 49 minutes 52 seconds along the east and west quarter line of said Section 25 for 1786.45 feet to the southeasterly line of Stillwater Road; thence on an azimuth of 59 degrees 23 minutes 13 seconds along the southeasterly line of Stillwater Road, for 50.55 feet to a point on the east line of tract A hereinbefore described, which i s the point of beginning of 1 i ne to be described; thence on an azimuth of 239 degrees 23 minutes 13 seconds for 459.05 feet; thence on an azimuth of 209 degrees 43 minutes 31 seconds for 163.42 feet; thence on an azimuth of 180 degrees 29 minutes 00 seconds for 13.97 feet; thence run southerly 317.11 feet on a non-tangential curve concave to the west, having - a radius of 1185.42 feet, delta angle of 15 degrees 19 minutes 38 seconds and a chord azimuth of 180 degrees 29 minutes 00 seconds; thence on an azimuth of 180 degrees 29 minutes 00 seconds for 90.83 feet; thence deflect to the right on a tangential curve having a radius of 458.68 feet and a delta angle of 32 degrees 57 minutes 37 seconds for 263.86 feet; thence on an azimuth of 213 degrees 26 minutes 36 seconds for 365.48 feet, more or less, to a point on the south line of Tract C hereinbefore described and there terminating. Reserving, however, an easement covering the Southerly 33 feet of the above described premises for roadway purposes, to be hereafter dedicated for a public highway and to be designated as East Seventh Street. WHEREAS, the history of this conditional use permit is as follows: 1. On November 21, 1994, the Planning Commission recommended that the City Council approve this permit. 10 12-12.94 2. On November 12, 1994, the City Council held a public hearing. The City staff published a notice in the paper and sent notices to the surrounding property owners. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described conditional use permit, because: 1. 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. 4. 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. 5. 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 ~a a would be served by adequate public facilities and services, inclu~c~ing 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. 8. 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 the following conditions: 1. All construction shall follow the site plan approved by the City. The Director of Community Development may approve minor changes. 2. The proposed construction must be substantially started within one year of Council approval or the permit shall end. The Council may extend this deadline for one year. 3. The City Council shall review this permit in one year. Seconded by Mayor Bastian Ayes - all 11 12-12-94 Variance' i. Councilmember Carlson introduced the following Resolution and moved its adoption: 94 - 12 - 152 ZONING VARIANCE RESOLUTION WHEREAS, Gethsemane Lutheran Church applied for a conditional use permit to expand their church and parking lot. WHEREAS, this permit applies to 2410 Stillwater Road. The legal description is: Tract A. All that part of the West 1/2 of Southeast quarter of the Northwest quarter of Section 25, Township 29 North, Range 22 West,. 1 yi ng Southeasterly of the center 1 i ne of State Trunk Highway No. 212 except the East 156.0 feet thereof; Tract B. All that part of the west 1/2 of the Northeast quarter of = Southwest quarter of Section 25, Township 29 .North, Range 22 West, lying Southerly and Easterly of the center line of State Trunk Highway No. 212, except the East 156.0 feet of the North 453.0 feet thereof; Tract C. All that part of the Northwest quarter of the Southwest quarter of Section 25, Township 29 North, Range 22 West, lying Southeasterly of the center line of State Trunk Highway No. 212; which lies southerly and easterly of the following described line: Commencing at the west quarter corner of said Section 25; thence run easterly on an assumed azimuth of 89 degrees 49 minutes 52 seconds along the east and west quarter Tine of said Section 25 for 1786.45 feet to the southeasterly line of Stillwater Road; thence on an azimuth of 59 degrees 23 minutes 13 seconds along the _ southeasterly line of Stillwater Road, for 50.55 feet to a point on the east line of tract A hereinbefore described, which is the point of beginning of line to be described; thence on an azimuth of 239 degrees 23 minutes 13 seconds for 459.05 feet; thence on an azimuth of 209 degrees 43 minutes 31 seconds for 163.42 feet; thence on an azimuth of 180 degrees 29 minutes 00 seconds for 13.97 feet; thence run southerly 317.11 feet on a non-tangential curve concave to the west, .having a radius of 1185.42 feet, delta angle of 15 degrees 19 minutes 38 seconds and a chord azimuth of 180 degrees 29 minutes 00 seconds; thence on an azimuth of 180 degrees 29 minutes 00 seconds for 90.83 feet; thence deflect to the right on a tangential curve having a radius of 458.68 feet and a delta angle of 32 degrees 57 minutes 37 seconds for 263.86 feet; thence on an azimuth of 213 degrees 26 minutes 36 seconds for 365.4$ feet, more or less, to a point on the south line of Tract C hereinbefore described and there terminating. 12 12-12.94 Reserving, however, an easement covering the Southerly 33 feet of the above described premises for roadway purposes, to be hereafter dedicated for a public highway and to be designated as East Seventh Street. WHEREAS, the history of this conditional use permit is as follows: 1. On November 21, 1994, the Planning Commission recommended that the City Council approve this permit. 2. On December 12, 1994, the City Council held a public hearing. The City staff published a notice in the paper and sent notices to the surrounding property owners. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described conditional use permit, because: 1. 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. 4. 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. 5. 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. 8. 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 the following conditions: 1. All construction shall follow the site plan approved by the City. The Director of Community Development may approve minor changes. 13 12-12.94 2. The proposed construction must be substantially started within one year of Council approval or the permit shall end. The Council may extend this deadline for one year. 3. The City Council shall review this permit in one year. Seconded by Mayor Bastian Ayes - all Design Plans. j. Councilmember Carlson moved to' approve the design plans stamped Seotember 21. 1994, sub.iect to the findings required by the Code. The Church shall do the following: 1) Repeat this review in two years if the City has not issued a building permit for this project. 2) Submit the following to the staff before the City issues a building permit: a) A plan showing the location and design of a trash dumpster enclosure. The enclosure shall be of a material and color compatible with the building. b) A screening plan for any roof-mounted mechanical equipment. c) A revised site plan showing a 24-foot-wide driveway on the east side of the addition. This plan shall also move the two proposed trees. 3) Complete the following before occupying the building: a. Install a handicap-parking sign for each proposed handicap-parking space. b) Screen all new roof-mounted equipment visible from streets or adjacent property. (code requirement) c) Construct a trash dumpster enclosure. (code requirement) d) Install site security lighting, subject to the approval of the Director of Public Safety. The light intensity shall not exceed one-foot-candle at any residential lot line. The light fixtures shall be aimed or shielded so the light source is not visible. (code requirement) 4) If any required work is not done, the City may allow temporary occupancy if: a) The City determines that the work is not essential to the public health, safety or welfare. b) The City receives a cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150 of the cost of the unfinished work. c) The City receives an agreement that will allow the City to complete any unfinished work. 5) All work shall follow .the approved plans. The Director of Community Development may approve minor changes. Seconded by Mayor Bastian Ayes - all 14 12-12.94 4. 7:40 P.M. (7:42 P.M.): 1929 Edgerton Street (Edgerton Elementary School) a. Mayor Bastian convened the meeting for a public hearing regarding b. Manager McGuire presented the staff report.. c. Director of Community Development Olson presented the specifics of the report. d. Commissioner Rossbach presented the Planning Commission report. e. Boardmember Anitzberger presented the Community Design Review Board report. f. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Dick Donius, RSP Architects Martha Barnett, 1982 Edgerton Street g. Mayor Bastian closed the public hearing. Conditional Use Permit Revision ! h. Councilmember Carlson introduced the following Resolution and moved its adoption: 94 - 12 - 153 CONDITIONAL USE PERMIT REVISION WHEREAS, Independent School District No. 623 is requesting that the City revise their conditional use permit to expand a school and for the curbing of blacktop with a nonconforming setback. WHEREAS, this permit applies to 1929 Edgerton Street. The legal description is: SUBJ TO STS & EX S 292.96 FT & EX N 155.04 FT OF S 448 FT OF E 468.6 FT & EX N 352.96 FT OF W 108 FT & EX N 160 FT OF E 313 FT THE S 1/2 OF SE 1/4 OF NW 1/4 OF SECTION 17 TOWN 29 RANGE 22 AND SUBJ TO AVE AND ST THE S 448 FT OF E 468 6/10 FT OF NO 1/4 OF SECTION 17 TOWN 29 RANGE 22 AND SUBJ TO EDGERTON ST THE N 160 FT OF E 313 FT OF S 1/2 OF SE 1/4 OF NW 1/4 OF SECTION 17 TOWN 29 RANGE 22 WHEREAS, the history of this conditional use permit is as follows: 1. On November 21, 1994, the Planning Commission recommended that the City Council approve this permit. 2. On December 12, 1994, the City Council held a public hearing. The City staff published a notice in the paper and sent notices to the surrounding property owners. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. 15 12-12.94 NOW, THEREFORE, BE IT RESOLVED that the City Council revise the above-described conditional use permit based on new building and site plans. The City approves the revision because: 1. 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. 4. 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. 5. 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. 8. 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 the following conditions: 1. All construction shall follow the site plan (stamped August 29, 1994) approved by the City. The Director of Community Development may approve minor changes. 2. The proposed construction must be substantially started within one year after Council approval or the permit shall end. The Council may extend this deadline for one year. 3. The City Council shall review this permit in one year. 4. The City may require additional parking if needed. 5. The School District shall provide for evening car parking in the bus- loading area. The access drives to this parking area shall be open during the evenings. 6. The School District shall allow the City to construct a walkway from the City's property to the north parking lot. Seconded by Councilmember Koppen Ayes - all 16 12-12.94 Variance Termination' i. Councilmember Carlson introduced the following Resolution and moved its adoption: 94 - 12 - 154 VARIANCE TERMINATION WHEREAS, the Maplewood City Council granted a 36.5-foot side yard setback variance to Independent School District (ISD) No. 623 on March 28, 1994. WHEREAS, this variance allowed the ISD No. 623 to build a gymnasium addition 33.5 feet from their west lot line. WHEREAS, the City Code required 70 feet. WHEREAS, this variance applies to 1929 Edgerton Street. The legal description is: SUBJ TO STS & EX S 292.96 FT & EX N 155.04 FT OF S 448 FT OF E 468.6 FT & EX N 352.96 FT OF W 108 FT & EX N 160 FT OF E 313 FT THE S 1/2 OF SE 1/4 OF NW 1/4 OF SECTION 17 TOWN 29 RANGE 22 AND SUBJ TO AVE AND ST THE S 448 FT OF E 468 6/10 FT OF NO 1/4 OF SECTION 17 TOWN 29 RANGE 22 AND SUBJ TO EDGERTON ST THE N 160 FT OF E 313 FT OF S 1/2 OF SE 1/4 OF NW 1/4 OF SECTION 17 TOWN 29 RANGE 22 WHEREAS, ISD No. 623 no longer proposes to build their new gymnasium on the west side of the school. NOW, THEREFORE, BE IT RESOLVED that the City Council end the variance granted for the gymnasium addition on the west side of Edgerton Elementary School. Seconded by Councilmember Koppen Ayes - all Setback Variance j. Councilmember Carlson introduced the following Resolution and moved its a o tion: 94 - 12 - 155 VARIANCE RESOLUTION - SETBACK WHEREAS, Independent School District No. 623 applied for a variance from the zoning ordinance. WHEREAS, this variance applies to 1929 Edgerton Street. The legal description is: 17 12-12-94 - SUBJ TO STS & EX S 292.96 FT & EX N 155.04 FT OF S 448 FT OF E 468.6... FT & EX N 352.96 FT OF W 108 FT & EX N 160 FT OF E 313 FT THE S 1/2 OF SE 1/4 OF NW 1/4 OF SECTION 17 TOWN 29 RANGE 22 AND SUBJ TO AVE AND ST THE S 448 FT OF E 468 6/10 FT OF NO 1/4 OF SECTION 17 TOWN 29 RANGE 22 AND SUBJ TO EDGERTON ST THE N 160 FT OF E 313 Ff OF S 1/2 OF SE 1/4 OF NW 1/4 OF SECTION 17 TOWN 29 RANGE 22 WHEREAS, Section 36-28(c)(6)(a) of the Maplewood Code of Ordinances requires the proposed gymnasium addition to have a 30-foot setback from the Edgerton Street right- of-way. WHEREAS, the applicant is proposing a 25-foot setback. WHEREAS, this requires a variance of 5 feet. WHEREAS, the history of this variance is as follows: 1. On November 21, 1994, the Planning Commission recommended that the City - Council approve this variance. 2. On December 12, 1994, the City Council held a public hearing. The City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. 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. It would meet the spirit and intent of the ordinance for the following reasons: a) The closer setback would not effect the houses across the street. The nearest house would be 150 feet from the proposed gymnasium. The typical minimum separation is 120 feet (a 30-foot setback on each side of the street and a 60-foot-wide right-of- way). b) The closer setback would not effect the adjacent properties on the west side of Edgerton Street. 2. Strict enforcement of the Code would cause undue hardship. The School District cannot move the gymnasium further back and still meet the size needed by the City. 3. This variance is less than the previously approved 36.5-foot setback variance. Seconded by Councilmember Koppen Ayes - all:. 18 12-12.94 Design Plans k. Councilmember Carlson moved to approve the plans stamped Au4ust 29, 1994 for the Edgerton Elementary School expansion, sub.iect to the following conditions: 1. This approval supersedes the previous plan approval of March 28, 1994. 2. Repeat this review in two years if the City has not issued a building permit for this project. 3. Submit the following for staff approval before the City issues a building permit: a. A revised site plan showing the following: (1) Striping for ninety-degree parking east of the bus striping. (2) Widen the north drive to 42 feet. b. A plan showing the design of the trash dumpster enclosure. The enclosure must match the color of the building and have a gate that is 100X opaque. (code requirement) c. A revised landscape plan showing: (1) Screening west of the southerly parking lot that is six-feet-tall and 80X opaque. (code - requirement) (2) Sod on all disturbed areas. d. A grading, drainage, utility and erosion control plan for the City Engineer's approval. The erosion control plan shall be consistent with the Ramsey Soil and Water Conservation District Erosion Control Handbook. 4. Complete the following before occupying the additions: - a. Restore and sod damaged boulevards. b. Install reflectorized stop signs at all exits and a handicap-parking sign for each handicap-parking space. c. Screen all new roof-mounted equipment visible from streets or adjacent property. (code requirement) The applicant shall submit the design to Staff for approval. d. Construct a trash dumpster enclosure that meets the City Code. The enclosures must match the color of the building. e. Install continuous concrete curbing around all existing and proposed parking and drive areas. (code requirement) f. Install site lighting, subject to the Director of Public Safety's approval. Lighting shall not exceed one foot- candle of light at any residential property line. Lights shall be shielded or aimed so the light source is not visible. (code requirement) 5. If any required work is not done, the City may allow temporary occupancy if: a. The City determines that the work is not essential to the public health, safety or welfare. b. The City receives a cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150X of the cost of the unfinished work. c. The City receives an agreement that will allow the City to complete any unfinished work. 6. All work shall follow the approved plans. The Director of Community Development may approve minor changes. Seconded by Councilmember Koppen Ayes - all 19 12-12.94 No Parking Signs 1. Councilmember Carlson moved to request Ramsey County to post both sides of Edgerton Street. ad.iacent to the school driveway for "No Parking". Seconded by Councilmember Koppen Ayes - all m. Mayor Bastian moved to direct staff to explore the opportunities for berming on the N E corner of the school site and parking area.. and when coordinating the planning of other parks to accomplish this. Seconded by Councilmember Koppen Ayes - all. 5. 8:00 P.M. (8:20 P.M.): Planning Fees Ordinance (2nd Reading - Requires at least votes) a. Mayor Bastian convened the meeting for a public hearing regarding . b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the report. d. Commissioner Rossbach 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. 20 12-12.94 g. Councilmember Carlson introduced the following Ordinance and moved its adoption: ORDINANCE N0. 728 PLANNING FEES - 1995 Section 1. Section 36-26 of the Zoning Code of the City of Maplewood is hereby amended as follows: Section 36-26. Fees. The following nonrefundable application fees shall be required: Zone Change S 410* Conditional Use Permit: R1 & R2 188* Other 404* _ Conditional Use Permit Revision: R1 & R2 38* Other 93* Variances: R1 & R2 82* Other 352* Vacations: R1 & R2 86* Other 238* Lot Divisions (Fee per lot created): Ri & R2 58 Other 131 Home Occupation Permit: Initial Permit 92 Annual Renewal 46 Comprehensive Plan Amendment 573* Code Amendment 352 Planned Unit Development 648* - Preliminary Plat 700 Preliminary Plat Revision or Time Extension 113 Final Plat 169 Time Extensions/Renewals 113 Section 2. Section 36-258 of the sign code is amended as follows: Section 36-258. Fees. (1) A sign erection permit fee (except for billboards) shall be 519 (2) The fee for erection of billboards shall be $75 (3) The annual license fee for billboards shall be 5289 Section 3. This ordinance shall take effect January 1, 1995. *Plus a surcharge for each affected property to pay for the County's filing fee for .resolutions. Seconded by Mayor Bastian Ayes - Mayor Bastian, Councilmembers Allenspach, Carlson, Koppen Nays - Councilmember Rossbach 21 12-12.94 6. 8:15 P.M. (8:25 P.M.): Sign Size Variance: 1793 Beam Avenue (Maplewood II Movies - United Artists) a. Mayor Bastian convened the meeting for a public hearing regarding . b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the report. d. Boardmember Anitzberger presented the Community Design Review Board 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 Carlson moved to table this item for one week. to December 19. 1994. Seconded by Mayor Bastian Ayes - all 7. 8:30 P.M.: Liquor License - Gulden's a. Mayor Bastian convened the meeting for a public hearing regarding . b. Manager McGuire presented the staff report. c. Director of Public Safety Collins presented the specifics of the report. d. Mayor Bastian opened the public hearing, calling for proponents or opponents':'; The following appeared: Mike Gengler, the applicant e. Mayor Bastian closed the public hearing. f. Councilmember Koppen introduced the following Resolution and moved its adoption: 94 - 12 - 156 APPROVING LIQUOR LICENSE - MICHAEL GENGLER (GULDEN'S) NOTICE IS HEREBY GIVEN that pursuant to action by the City Council of the city of Maplewood on December 12, 1994, an On-Sale Intoxicating Liquor License was approved for Michael Gengler, doing business under the name of Guldens, 2999 North Highway 61. The Council proceeded in this matter as outlined under the provisions of the City Ordinance. Seconded by Councilmember Koppen Ayes - all H. AWARD OF BIDS NONE 22 12-12-94 I. UNFINISHED BUSINESS 1. Mapleleaf Estates a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following were heard: Larry Olson, Midwest Land Surveyors Dennis Gonyea, the developer d. Mayor Bastian closed the public hearing. Land Use Plan and Zoning Map Changes (requires at least 4 votes) e. Councilmember Carlson introduced the following Resolutions and moved their adoption: 94 - 12 - 157 LAND USE PLAN CHANGE WHEREAS, Dennis Gonyea applied fora change to the City's land use plan. This change is from R-1S (small lot single dwellings) and M-1 (light manufacturing) to R-1 (single dwellings). WHEREAS, the City staff is proposing to drop the collector designation on forest Street. WHEREAS, this change applies to the property south of Brooks Court between Forest and Cypress Streets north of Gervais Avenue in Section 9, Township 29, Range 22. WHEREAS, the history of this change is as follows: 1. The Planning Commission held a public hearing on October 3, 1994. The City staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. 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 December 12, 1994. 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 for the following reasons: 1. The developer is proposing to develop the site for single dwellings. 2. This change would reduce the allowable intensity and traffic from this site. 3. The R-1 classification would be more compatible with the surrounding homes than the present classifications. 23 12.12.94 4. Forest Street would no longer serve as a major collector street. Seconded by Councilmember Koppen Ayes - all I5~ 94 - 12 -359-. ZONING MAP CHANGE WHEREAS, Dennis Gonyea applied for a change in the zoning map from F (farm residential), R-1S (small lot single dwellings) and M-1 (light manufacturing) to R-1 (single dwellings). WHEREAS, this change applies to the property south of Brooks Court between Forest and Cypress Streets north of Gervais Avenue. The legal description is: The East half of the Southeast quarter of the Northwest quarter of Section 9, Township 29 North, Range 22 West, Ramsey County, Minnesota except the North 396 feet thereof and except the South 290.4 feet of the East 240 feet thereof and except the South 135 feet lying West of the East 240 feet thereof, and Lots 4 through 6, Block 1; Lots 1 through 14, Block 3; vacated Brooks Avenue, Meadow Lane and the vacated Conner Avenue, all in Peters Addition, according to the recorded plat. Ramsey County, Mn. and The North twenty-four (N. 24) rods of the East half of the East half of the Southeast quarter of the Northwest quarter (E 1/2 of E 1/2 of SE 1/4 of NW 1/4); and that part of the East half of the East half of the Northeast quarter of the Northwest quarter (E 1/2 of E 1/2 of NE 1/4 of NW 1/4) described as: beginning at the SW corner thereof, thence East to the Southeast corner thereof; thence North along the East line thereof Four (4) rods, thence Southwesterly to the place of beginning, all in Section Nine (9), Township Twenty- nine (29), Range Twenty-two (22), subject to easements of record including agreement in 41 Misc. 574, and Southwest .quarter of Southeast quarter of the Northwest quarter of Section 9, Township 29 North. Range 22 West, Ramsey County, Minnesota, and The South 321.27 feet of the East 199.10 feet of the Southeast quarter of the Southwest quarter of Northwest quarter of Section 9, Township 29 North, Range 22 West, Ramsey County, Minnesota. WHEREAS, the history of this change is as follows: 1. On October 3, 1994, the Planning Commission recommended that the City Council approve the change. 2. On October 10, 1994, the City Council held a public hearing. The City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. 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: 24 12-12.94 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. Seconded by Councilmember Koppen Ayes - all Street Vacations (requires at least 4 votes) f. Councilmember Rossbach introduced the following Resolution and moved its adoption: 94 - 12 - 159 STREET VACATION WHEREAS, Dennis Gonyea, representing Gonyea Corporation, Inc., applied for the vacation of the following described streets: 1. That part of Connor Avenue east of the east right-of-way line of Cypress Street, all of Meadow Lane between Connor Avenue and Brooks Avenue, and all of Brooks Avenue between Meadow Avenue and the vacated Cypress Street as dedicated as part of the Peters Addition in Section 9, Township 29, Range 22 - 2. The 16.5-foot-wide undeveloped public road between the east side of Meadow Lane and the east side of the proposed plat site that divides PIN 09-29-22-24-0001 as noted in Book 636, Page 556. 3. The west 77 feet of the Gervais Avenue right-of-way that is west of the west 1/2 of the east 1/2 of the NW 1/4 of Section 9, Township 29, Range 22. WHEREAS, the history of this vacation is as follows: 1. On October 3, 1994, the Planning Commission recommended that the City Council approve this vacation. 2. On October 10, 1994, the City Council held a public hearing. The City staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. 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 City approves this vacation, public interest in the property will go to the following abutting properties: 1. Lots 1-14, Block 3 of Peters Addition 25 12-12.94 2. Lot 6, Block 1 of Peters Addition 3. The North 396 feet of part of east 1/2 of the SE 1/4 of the NW 1/4 East of Peters Addition and also a triangular tract adj. on N being in and measuring 66 feet on the east line of the east 1/4 of NE 1/4 of NW 1/4 all in Section 9, Township 29, Range 22. 4. The south 10 acres of the west 1/2 of the east 1/2 of the NW 1/4 of Section 9, Township 29, Range 22 NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described vacations for the following reasons: 1. It is in the public interest. 2. The City has no plans to build streets on these rights-of-way. 3. The adjacent properties have street access. This vacation is subject to the City retaining a 25-foot-wide utility easement over the east end of Gervais Avenue. Seconded by Councilmember Koppen Ayes - all Utility Easement Vacation g. Mayor Bastian moved to table the request to vacate the utility easement until consideration of the preliminary plat. Seconded by Councilmember Carlson Ayes all Cul-de-sac Width Variance h. Councilmember Carlson moved to table this request until consideration of the preliminary plat. Seconded by Councilmember Rossbach Ayes - all Preliminary Plat i. Councilmember Carlson moved to approve the Qreliminary plat with consideration there will be another connection to Cypress. (Mr. Gonyea a4reed to wait another week for a decision.) Seconded by Mayor Bastian Ayes - all COUNCIL DIRECTED STAFF: FEASIBILITY STUDY TO BE UPDATED AND RETURNED TO COUNCIL ALONG WITH THE OTHER INFORMATION REQUESTED. 26 12-12.94 2. Moratorium o0 Clinics a. Manager McGuire presented the staff report.. i b. Director of Community Development Olson presented the specifics of the report. c. Commissioner Will Rossbach presented the Planning Commission report. d. Councilmember Allenspach moved to cancel the moratorium on new or ~andin4 clinics. Seconded by Councilmember Rossbach Ayes - Mayor Bastian, Councilmembers _ Allenspach, Carlson, Rossbach Nays -Councilmember Koppen 3. Wetland Ordinance a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report. _ c. Commissioner Will Rossbach and Sharon Buse presented a proposed ordinance regarding the wetland setback Ordinance. d. Councilmember Carlson moved to refer the proposed ordinance to the Planning Commission for further review. Seconded by Councilmember Rossbach Ayes - all 4. Open Space Site X140 a. Manager Mc6uire presented the staff report. b. Assistant Manager Maglich presented the specifics of the report. c. Councilmember Carlson moved not to pursue the acquisition of Open Space Site 140. Seconded by Councilmember Allenspach Ayes all 5. Carver Elementary School/Community Center Expansion a. Manager McGuire presented the staff report. b. Director of Parks & Recreation Anderson presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following were heard: Bill Gaslin. Superintendent of School District 622 Gary Benson, Krause Anderson Kathleen Huyen, Assistant Superintendent of School District 622 Myrene Biernat, Armstrong. Torseth, Skold & Rydeen, Inc. 27 12-12-94 d. Councilmember Carlson moved to table for one week. until an a4reement is negotiated by Manager McGuire and Mr. Goslin. Seconded by Councilmember Koppen Ayes - all MAYOR BASTIAN MOVED TO WAIVE THE RULES OF PROCEDURE TO EXTEND THE MEETING TO COMPLETE ITEM J-1. SECONDED BY COUNCILMEMBER ROSSBACH AYES - ALL J. NEW BUSINESS 1. Open Space Site #103C a. Manager McGuire presented the staff report. b. Assistant Manager Maglich presented the specifics of the report. c. Commissioner Rossbach presented the Planning Commission report. d. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following were heard: Peg Corey, Trust for Public Land Peter Fischer, 2443 Standridge Avenue Charlotte Brooker Kevin Berglund, 1922 Kingston Approval to Purchase d. Councilmember Carlson moved to proceed with the purchase of Open Space site #103C. Seconded by Councilmember Rossbach Ayes - all Land Use Plan Change e. Councilmember Carlson introduced the following Resolution and moved its adoption: 94 - 12 - 161 LAND USE PLAN CHANGE RESOLUTION WHEREAS, the Director of Community Development proposed a change to the City's land use plan from R-2 (single and double dwellings) and R-3M (multiple dwellings- medium density) to OS (open space). WHEREAS, this change applies to the undeveloped property located between Woodlynn Avenue and County Road D west of McKnight Road. 28 12.12-94 WHEREAS, the history of this change is as follows: 1. On December 5, 1994, the Planning Commission held a public hearing. The City staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. 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. On December 12, 1994, the City Council discussed this land use plan change. 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 for the following reasons: 1. Maplewood plans to buy this site for open space. 2. This neighborhood has less planned open space than the average neighborhood. 3. The pipelines and high-voltage power lines through this site make it more desirable for open space than development. The City shall not make these changes until the City closes on the property. Seconded by Councilmember Rossbach Ayes - all K. VISITOR PRESENTATIONS NONE L. COUNCIL PRESENTATIONS PREVIOUSLY GIVEN M. ADMINISTRATIVE PRESENTATIONS NONE N. ADJOURNMENT OF MEETING 11:19 P.M. Lucille E. Aurelius City Clerk 29 12-12.94