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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: - 1 - 10/15 - $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, - 2 - 10/15 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) - 3 - 10/15 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 - 4 - 10/15 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 - 5 - 10/15 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 - 6 - 10/15 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 - 7 - 10/15 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. - 8 - 10/15 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 - 9 - 10/15