HomeMy WebLinkAbout10.15.81 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Thursday, October 15, 1981
Council Chambers, Municipal Building
Meeting No. 81-27
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 Greavu.
B. ROLL CALL
- John C. Greavu, Mayor Present
Norman G. Anderson, Councilman Present
Gary W. Bastian, Councilman Present
- Frances L. Juker, Councilperson Present
Earl L. Nelson, Councilman Present
C_ APPROVAL OF MINUTES _
None.
D. APPROVAL OF AGENDA
Mayor Greavu moved that the Agenda be approvedas amended:
1.. Blind Approach Sign
2. Meeting Monday - Dump Site
3. Roselawn Feasibility Study Update
4. Resolution - Re-apportionment
5. Final Quantities - Cope Avenue
Seconded by Councilman Bastian. Ayes - a11.
E. CONSENT AGENDA
- Councilman Anderson moved, seconded by Councilman Nelson, Ayes - all to approve
the Consent Agenda as recommended: _
1. Accounts Payable
Approved the accounts (Part I - Fees, Services, Expenses, Check No. 006336 through
Check No. 006385 - $96,925.93; Check No. 011319 through Check No. 011425 - $65,202.51:
Part II - Payroll, Check No. 02974 through Check No. 03104 - $50,847.85) in the
amount of $212,976.29.
2. Audit Contract
Authorized the appropriate City Officials to execute agreements with DeLaHunt, Voto
and Company for the 1981 audit and the special audit for the C.D.B.G. monies.
3. Budget Change - -0ourt Judgements
I'
Authorized a transfer of $405.00 from the General Fund Contingency account to finance
the following:
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- $50 - Gerald Ture for damaged ski
$350 - Larry Ellisen - assessment refund
4. Transfer to close Fire Station #5 Construction Fund
Transferred the current balance in the Fire Construction Fund ($147,252) to the
Debt Service Fund for the 1980 Building Bonds.
5. Transfer of Reforestration Grant
Authorized $162.05 reforestration grant money be transferred from the Special Assess-
ment Fund to the Service Fund that originally financed the reforestration costs.
F. PUBLIC HEARINGS
1. Zone Change: CountyRoad D and Ariel Street - 7:00 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Mr. Edmund Chute to rezone the property located on the North side of County
Road D at Ariel Street from F (Farm Residence) to BC (Business Commercial).
The Clerk stated the hearing notice was found to be in order and noted the dates
of publication.
b. Manager Evans presented the staff report.
c. Commissioner Lorraine Fischer presented the following Planning Commission
recommendation:
"Commissioner Kishel moved the Planning Commission recommend to the City Council
approval of the resolution for rezoning the site from F, Farm Residence to BC,
Business Commercial, on the basis that:
1. The zone change is consistent with the Land Use Plan Update
2. The proposed use would be compatible with the neighboring properties
3. Due to the site's proximity to the freeway, commercial, rather than residential
development would be in the public interest.
Commissioner Sletten seconded. Ayes - a11."
d. Mr. Edmund Chute, 771 N.E. Harding Street, Minneapolis, the developer, spoke
on behalf of his request.
e. Mr. Fred Chute, brother of the developer and a present manager of an economy
motel, spoke on behalf of the proposal.
f. Mayor Greavu called for proponents. None were heard.
g. Mayor Greavu called for opponents. None were heard.
h. Mayor Greavu closed the public hearing.
i.~ Councilman Anderson introduced the following resolution and moved its adoption:
81 - 10 - 207
WHEREAS, a petition was filed with the Clerk of the City of Maplewood as
provided under Section 915.010 of the Municipal Code of the City of Maplewood,
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said petition having been signed by more than 50% of the owners of property -
within 200 feet of the property described-as. follows:-
The easterly 19 1/2 rods of the westerly 21 1/2 rods of the southwest
quarter of the southeast quarter of Section 35, Township 30, North,
Range 22 West, lying southerly of the southerly right-of-way of
Interstate Highway #694
which has been proposed for rezoning from F,.Farm Residence to BC, Business
Commercial; and
WHEREAS, a public hearing was held on October L5, 1981 at 7:00 P.M. in the
City Hall, notice thereof having been duly published in the official newspaper,
and notices of said hearing having been mailed to all property owners of record
within 350 feet of the area proposed for rezoning; and
WHEREAS, all objections and recommendations relative thereto were heard
by the City Council; and -
WHEREAS, it appears for the best interest of the public that said petition
be granted;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
that the petition for the above described rezoning be granted.
Seconded by Councilman Bastian. Ayes - a11.
H.. UNFINISHED BUSINESS
1. Human Relations Commission
a. Manager Evans presented the staff report.
b. Vice Chairman Peter Fischer presented the following Human Relations Commission
recommendation:
"Motion was moved by Commissioner Haynes, seconded by Commissioner Lynch, that
City Ordinance No. 405 governing composition of the Human Relations Commission
be changed to read:
THECOMMISSION SHALL CONSIST OF NINE (9) MEMBERS to be appointed by the Mayor
by and with the advice and consent of the Council.
Motion carried unanimously."
c. Chairman Maria Larsen, also representing the.H.R.C.,.:spoke on behalf of
raising the compliment of commissioners from 7 to 9.
d. Councilman Bastian moved first reading of an ordinance changing the number
of Commissionexsfor theHuman Relations Commission from seven (7) members to
nine (9) members.
Seconded by Councilman Anderson. Ayes - Mayor Greavu, Councilmen Anderson,
Bastian and Nelson.
Nays - Councilperson Juker.
F. PUBLIC HEARINGS (continued)
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2.. Easement Vacation - 5th Street 7:30 P.M.
a. Mayor Greavu convenedthe meeting for a public hearing regardinga proposal
to vacate the southerly portion of a utility easement located along the vacated
5th street alignment, between Ferndale and Carlton Streets. The Clerk stated
the hearing notice was in order and noted the dates of publication.
b. Manager Evans presented the staff report.
c. Commissioner Fischer presented the following Planning Commission recommendation:
- "Commissioner Fischer moved the Planning Commission recommend that the City
Council approve the resolution which partially vacates the utility easement
along the vacated Fifth Street right-of-way, between Ferndale and Carlton Streets,
on the basis that:
1. The width of the present utility easement is in excess of the public need.
2. Vacation would be in the public interest, since it increases the buildable
area of the lots to the south.
Commissioner Kishel seconded. Ayes a11."
d. Mr.Robert Mossong, 595 Ferndale Street, asked questions regarding the proposal.
e. Mayor Graavu called for proponents. None were heard.
- f. Mayor Greavu called for opponents. None were heard.
g. Mayor Greavu closed the public hearing.
h. Councilman Anderson introduced the following resolution and moved its adoption:
81 - 10 - 208
WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 412.851,
thereof, the Maplewood City Council, after a public hearing preceded by two
_ (2) weeks published and posted notice, proposes the partial vacation of the
utility easement Lying between Carlton and Ferndale Streets, along the vacated
Fifth Street alignment to wit:
PROPERTY AFFECTED BY THE EASEMENT VACATION:
Lot 1, Block 2, Carlton Park, Section 36, Township 29, Range 22
Lot 1, Block 2, Minty Acres, Section 36, Township 29, Range 22
WHEREAS, the Maplewood City Council finds that the partial vacation of the
above described easement is in the interest of the public because its width
exceeds the public need.
NOW, THEREFORE, BE IT RESOLVED, by the City Council, Ramsey County, Minnesota,
that the above described easement be and hereby is vacated and the City Clerk
is hereby directed to prepare a notice of completion of the proceedings pursuant
to the provisions of Minnesota Statutes, Section 412.851 thereof, and shall
cause the same to be presented to the County Auditor forentry upon his transfer
records and the same shall be thereafter filed with the Ramsey County Recorder,
subject to the retention of a permanent easement over, under, through, and across
the following described lands: The south 30 feet of Lot 17, Block 1, and the
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north 5 feet of the west 80 feet ofLot 1, Block 2, Minty Acres; together with
the north 15 feet, as accrued, of Lot l,Block 2, Carlton Park Addition, all
being in Section 36, Township 29, Range 22, Ramsey County, Minnesota, as recorded.
Seconded by Councilperson Juker. Ayes - a11.
i. Council directed that letters be forwarded to the two properties involved
informing them if they construct driveways on the portion vacated and utilities
develop problems it would be at their expense to replace such driveways.
H. UNFINISHED BUSINESS (continued)
2. Ordinance on State Aid For Streets (Second Reading)
a. Manager Evans presented the staff report.
b. Mayor Greavu introduced the following ordinance and mooed its adoption:
ORDINANCE N0.505
AN ORDINANCE AMENDING THE MAPLEWOOD CODE CHAPTER 506
IT IS HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF MAPLEWOOD AS FOLLOWS:
Section 1. Chapter 506.020 and 506.030 is hereby amended to read as follows:
506.020. A11 monies received from the Municipal State Aid StreetFund ad-
ministered by the Minnesota Department of Transportation shall be deposited
in said State Aid Street Construction Fund.
506.030. The monies so collected and deposited shall be expended only for
street improvement projects upon recommendation of the City Manager and author-
- ization by the Gity Council by resolution.
Section 2. This ordinance shall take effect and be in force from and after
its passage and publication.
Seconded by Councilman Nelson. Ayes - all.
3. Battle Creek Park - Master Plan
a. Manager Evans presented the staff report.
b. Mr. Larry Holmberg, Project Planner for Ramsey County, explained in detail
the proposal.
c. Councilman Nelson moved to table the matter of the Battle Creek Park Master
Plan until the meeting of November 5, 1951 and also requested that the County
attend the City Pollution Control meeting and voice their objections to the
proposal to have a dump site in the area by Battle Creek.
Seconded by Mayor Greavu. Ayes - all.
- I. VISITOR PRESENTATIONS
1. Harry .Otto, 1195 E. Junction Avenue
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a. Mr.Otto stated he is experiencing water problems on his property and he
feels it is the City that is causing the problem. -
b. Mr. Robert Smith, 1200 Lealand Road stated he owns the property where the
ponding is accumulating.
c. Council tabled this item to the meeting of November 5, 1981 for further
investigation by staff.
J. NEW BUSINESS
1. Shoreland Moratorium
a. Manager Evans presented the staff report.
b. Director of Community Development GeoffOlson presented aerials of Maplewood's
lakes and the effects the shore land regulations would have.
c. The following persons presented their opinions:
Mr. Peter Beck, attorney representing Voya Piletich.
Mrs. Marilyn Vars, 1140 Beam Avenue.
Mr. Don Christensen, 1111 E. County Road C.
Mr. Bi11 Howard, 931 E. County Road C.
d. Commissioner Lorraine Fischer stated the Planning Commission took no action
on this proposal.
e. Councilman Bastian introduced the following resolution and moved its adoption_
81 - 10 - 209
WHEREAS, the City of Maplewood has been notified by-the State of Minnesota
Department of NaturalResources that it must have a Shoreland Ordinance adopted
pursuant to Minnesota Statutes 105.405 by September 21, 1982; and
WHEREAS, the City of Maplewood recognizes a need for a comprehensive City
Shoreland Ordinance; and
WHEREAS, the Council does not desire to prohibit all development through
the use of a moratorium until a final ordinance is adopted after a public hearing;
THEREFORE, BE IT RESOLVED, that the City Council does hereby adopt the State's
model Shoreland O'~erlay District Ordinance as an additional criteria for develop-
ment in shore land areas around the city's thirteen (13) lakes and two (2) creeks.
Seconded by Councilman Anderson. Ayes - a11.
2. City Wide Review of Potential RE Zones
a. Manager Evans presented the staff report.
b. Commissioner Lorraine Fischer presented the following Planning Commission
recommendation:
"Commissioner Whitcomb suggested one of the areas hewould like considered is
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on the west side of Century Avenue between Linwood and Highwood, as most of
the lots are 1/2 acre or Larger.
Commissioner Fischer suggested staff review the work previously doneby the
Planning Commission on a proposed Overlay Zone.
Commissioner Prew moved that the Planning Commission table this item for consider-
ation along with all other considerations involved in updating the zoning ordinance.
Commissioner Hejny seconded. Ayes - a11."
c. No action taken.
3. Plan Amendment: 1985 and 1990 Land Use Projections
a. Manager Evans presented staff report.
b. Councilman Bastian introduced the following resolution and moved its adoption:
81 - 10 - 210
WHEREAS, the Metropolitan Land Planning Act requires local governmental units
to prepare comprehensive plans and submit them to the Metropolitan Council for
review; and
WHEREAS, the Metropolitan Council has requested additional information for
the Plan Update; and
WHEREAS, these additions were adopted by the City of Maplewood Planning
Commission on September 21 and October 5, 1981, following a public hearing with
required legal notice; and
NOW, THEREFORE, does the City Council accept and the Planning Commission
adopt the following additions to the Comprehensive Plan Update:
1. Deletion of the I-494 and Century Avenue interchange.
2. Amending the Maplewood Heights Neighborhood Plan to designate the area
between Lydia Avenue, Woodlynn Avenue, and Ariel Street for Rm, Resident-
ial Medium use.
3. Establish a 1985 and 1990 phasing plan.
Seconded by Councilperson Juker. Ayes - all.
4. Resolution: EQB Environmental Reviews
a. Manager Evans presented the staff report.
b. Mayor Greavu introduced the following resolution and moved its adoption:
81 - 10 - 211
WHEREAS, the Minnesota Environmental Quality Board (EQB) is required to
amend the Minnesota Environmental Policy Act by the 1980 Minnesota State Leg-
. islature;
WHEREAS, the purpose of these amendments are to streamline the EQB review
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process for processing Environmental Assessment Worksheets or Environmental
Impact Statements; and
WHEREAS,. these rules are scheduled for a public hearing on October 26, 1981;
and
WHEREAS, the proposed rules for commercial, industrial, and residential
development provide for theshold numbers, rather than basing the need for an
EAW on environmental criteria; and
WHEREAS, the residential thresholds for a mandatory EAW have been reduced
from 100 units in an unsewered area and 500 units in a sewered area to 50 un-
attached or 75 attached units in an unsewered area and 150 unattached or 225
attached units in a city of the second class; and
WHEREAS, all cities and government agencies have a responsibility to reduce
the cost of housing; and
WHEREAS, the EAW process creates added cost in loss of time, as well as
expense, which is often passed on to the homebuyer.
NOW, THEREFORE, BE IT RESOLVED, that the Minnesota Environmental Quality
Board reject the proposed thesholds and develop criteria that relate specifically
to potential environmental problems.
Seconded by Councilman Nelson: Ayes - all.
K. COUNCIL PRESENTATIONS
1. Blind Approach Signs
a. Councilperson Juker commented on the "blind approach" at Larpenteur Avenue
west of Myrtle Street.
b. Councilperson Juker introduced the following resolution and moved its adoption:
81 - 10 - 212
_ - WHEREAS, it ~S deemed necessary, expedient, and proper that this Council
be concerned with the safety, and welfare of the citizens of Maplewood;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
that the Traffic Engineer of Ramsey County be requested to install a Blind Approach
sign on Larpenteur Avenue, west of Myrtle.
Seconded by Councilman Anderson. Ayes - a11.
2. Monday Meeting: Dump Site
a. Councilman Anderson stated there will be a meeting regarding the proposed
dump site, Monday, October 19, 1951, at 10:00 A.M. at 1935 W. County Road B2
in Roseville.
3. Roselawn Feasibility Study
a. Councilman Bastian questioned the progress of the Roselawn Avenue Sewer
Feasibility study.
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b. Staff conmented that the study was beingworked on .
4. Resolution: Re-apportionment
a. Councilman Bastian introduced the following resolution and moved its adoption:
81 - 10 - 213
WHEREAS, various bills have been proposed to alter legislative districts;
and
WHEREAS, the City Council of Maplewood supports redistricting which will
minimize the splitting of the City of Maplewood intodifferent districts; and
WHEREAS, the Gity Council of Maplewood opposes the sectioning of Maplewood
and other suburbs in an effort to preserve St. Paul's legislative strength
and ignore legitimate shifts in population;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Maplewood that it
supports: the creation of one (1) Senate district for Maplewood; that Maplewood
be placed in the minimum number of House of Representative districts; and that
neither Maplewood nor any other suburb be sectioned off to continue legislative
strength for a core city in view of population shifts which have occured since
the 1970 census.
Seconded by Councilman Anderson. Ayes - all.
_L. ADMINISTRATIVE PRESENTATIONS
1. Cope Avenue
a. Manager Evans presented staff report with the recommendation that the City
Council accept the submitted figures as final quantities for the Cope Avenue
Project. This will enable sub contractors to obtain monies from bonding companies.
Final payment should be postponed until the legal aspects of the contractors
default are resolved.
b. Councilman Bastian moved to accept the figures as submitted for the Cope
Avenue project as final quantities and postpone approval of final payment until
the legal aspects of the contractors default are resolved.
Seconded by Councilman Anderson. Ayes - a11.
M. ADJOURNMENT
9:45 P.M.
c.~~-L.~C~l_-C~ ~ • ~-c.'~c~4-CG~o
City Clerk
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