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HomeMy WebLinkAbout02.13.84 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., P1onday, February 13, 1984 Council Chambers, Municipal Building Meeting No. 84-03 A. CALL TO ORDER A regular meeting of the City Council of P1aplewood, Minnesota, was. held in the Council Chambers, Municipal Building and was called to order at 7:01 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary bl. Bastian, Councilmember Present PAaryLee Maida, Councilmember Present Michael T. Wasiluk, Councilmember Present C. P,PPROVAL OF MINUTES 1. Minutes of Meeting No. 84-02 (January 23, 1984) Councilmember Anderson moved to approve the minutes No. 84-02 (January 23, 1984) as submitted. Seconded by Councilmember Maida. Ayes - all. Councilmember Bastian questioned if there had been a notice published or an announcement made of the meeting of the Mayor and two Councilmembers on February 9, 1984. Fie was informed no notice was given. D. APPROVAL OF AGENDA Councilmember Anderson moved to approve the Agenda as amended: 1. Maplewood Review- 2. St. Paul Water Contract 3. Compacting of New Openings in Street 4. P.U.D. Meeting Notices 5. Lights: Century and Ivy and Ivy and Farrell 6. Developers Meeting 7. Letter of Appreciation - Ed O'Mara 8. Waste Dump Meeting 9. County Parks 10. Supplement'ta Ordinance Book 11. Beam Avenue Assessments 12. Water Shed District Assessment Seconded by Mayor Greavu. Ayes - all. CONSENT AGENDA Councilmember Bastian moved to approve Item E-2 with the stipulation that before any thing is done with the ywarn program, ~ is presen e o ounce or approva . - 1 - 2/13 Seconded by Councilmember ANderson. Ayes - all. Councilmember Bastian moved, seconded by Councilmember Anderson, Ayes - all, to approve the Consent Agenda, Items E-1 through 10 as recommended: 1. Accounts Payable Approved the accounts (Part I Fees, Services, Expenses, Check Register dated January 24, 1984 through February 2, 1984 - $152,746.76: Part II, Payroll Check dated January 27, 1984 - $64,039.96) in the amount of $216,786.72. 2. Carryover of 1983 Appropriations Approved the following carryover of 1983 appropriations to 1.984: Amount Account Code Description 1) $ 4,250 01-4640-12 Installation costs for the remote radio satellite receiver 2) 1,000 01-4110-41 Office supplies for computer system changes 3) 1,830 O1-4610-42 Extra-costs for police vehicle purchases 4) 7,840 01-4390-43 Costs.for training paramedics and fire department personnel 5) 30,000 01-4610-43 Costs of purchasing two paramedic cars 6) 370 01-4480-47 Additional animal control patrol hours ~4~ Total 3. Transfers to Close Improvement Projects Approved the following transfers to close improvement project: 1) Transfer $2,714.92 to Project 70-05 (Beam AVenue from Hazelwood to White Bear Avenue) from the Street Construction State Aid Fund as the litigation on assessment appeals has been completed. Beam Avenue is a state aid designated street and the transfer is necessary to eliminate the deficit in this project. 2) Transfer $3,257.73 to Project 71-15 (Beam Avenue from Hazelwood to Highway 61) from the Street Construction-State Aid Fund as the litigation on assessment appeals has been completed. Beam Avenue is a state aid designated street and the transfer is necessary to eliminate the deficit in this project. 3) Transfer $58,424.93 from Project 74-18 (County Ditch 17 Storm Sewer) to the sinking a fund for the 1979 Improvement' Bonds which financed this project. 4) Transfer $7,560.95 from Project 75-16 (Water System Improvements) to the sinking fund for the 1977 Improvement Bonds - Second Series which financed this project. 5) Transfer $879.54 from Project 77-09 (Gervais Avenue from Germain to White Bear Avenue) to the sinking fund for the 1979 Improvement Bonds which financed this porject. 6) Transfer $18,924.71 from Project 78-7.0 (Brookview Drive Storm Sewer) to the sinking fund for the 1980 Temporary Improvement Bonds which financed this project. - 2 - 2/13 7) Transfer $2,764.61 from Project 79-01 (Cope Avenue Connection) to this sinking fund .for the 1979 Improvement Bonds which financed this project. 8) Transfer $516.34 from Project 83-07 (Beaver Cree!< Storm Sewer) to Project 80-08 (Beaver Lake Ponding). Both of these projects involve the same improvements and this transfer will close Project 80-08 and consolidate all work under Project 83 07. 9) Trnasfer $2,555.79 from the General Fund to Project 83-09 (Holloway Avenue from Beebe Road to McKnight Road). This proposed project was rejected by the City Council on August .8th and a transfer is needed to finance the costs of the engineering feasi- bility study. 4. Change Orders 4 and 5, T.H. 61 Frontage Road Resolution No. 84-2-13 Directing Plod ification of Existing Construction Contract WHEREAS, ±he City Council of Maplewood, Minnesota, has heretofore ordered made Improve- . ment Project No. 80-10 and has let a construction contract therefore pursuant to Minnesota Stat.u*.es, Chapter 429; and 6JHEREAS, it is now necessary and expedient that said contract be modified and desig- nated as Improvement Project. No. 80-10, Change Order No.'s 4 and 5; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COIiNCIL OF MAPLFWOOD, MINNESOTA, that the Playor and City Clerk are hereby authorized and directed to modif.V the existing contract by executing said change order No. 4 and 5. 5. fcKnight and Burns Signal Resolution No. 84-2-14 BE IT RESOLVED that the City of Maplewood enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to-wit: To provide a traffic control signal with street lights, signing, interconnect work and Emergency Vehicle Pre-emption System on Trunk Highway No. I94 North and South Frontage Roads at County State Aid Highway No. 68 (McKnight Road) in accordance with the terms and conditions set forth and contained in Agreement No. 61649, a copy of which was hefore the Council. BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. 6. Final Plat. - Cave's Century 3rd Addition a Approved the final plat for Cave's Century 3rd ,4ddition. 7. Final Plat - Clausen Addition Approval of the Clausen Addition final plat. 8. Home Improvemen+, Loan Prograrn - 3 - 2/13 Peso}ution No. 84-2-15 t~dHEREAS, the City of Maplewood desires to assist familes and individuals in making energy improvements for the purpose of increasing the energy efficiency of their homes; and WHEREAS, the Minnesota Housing Finance Agency has funds to be used for such purposes, and will contract with the Petropolitan Council to administer these Solar Bank Deferred Laan Funds; and WHEREAS, the Metropolitan Council has been designated a housing and redevelopment authority pursuant to Minnesota Statutes Section 473.195 with the powers and duties _ of a housing and redevelopment authority under the providions of the Pinnesota Housing and Redevelopment authority Act; and 6,1HEREAS, under the provisions of Pinnesota Statutes Section 473.795, the Petropolitan Council must obtain the approval of the governing body of any municipality in which it proposes to implement the Solar Bank Deferred Loan Program.. NDW, THEREFORE, BE IT RESOLVED that the City of Plaplevrood hei°eby authorizes the Metropolitan Council to implement the Solar Sank Deferred Loan Program for the purpose of increasing the energy efficiency of homes in the City of Maplewood, and-that the City Manaaer, Barry Evans, is hereby authorized to enter into any necessary agreement ovith the Metropolitan Council for operating the program within the city. 9. Community Design RevieUa Board Annual Report. Accepted the 1983 Community Design Review Board Annual Report. 10, Fifth Anniversary Celebration for Maplewood Pdature Center Approved the date of Play 19, 1984, to celebrate the Maplewood Nature Center's Fifth Anniversary with a full day of activities. F. PUBLIC HEP,RINGS 1. Rezoning: 1915 Castle 7:00 P.M. a. Mayor Qreavu convened the meeting for a public hearing regarding the application for a Plan Amendment from RL residential low density to LSC limited service comriercia7 and a zone change from BC business commercial to NC neighborhood commercial for the property located at 1915 Castle Avenue. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. c. Director of Community Developr~rent Geoffrey Olson presen+.ed the following Planning Commission recommendation: "Commissioner Pellish moe~ed the following resolutions be forwarded to the City Council: 6dHEREAS, the City of Paplewood initiated an amendment 'to the Maplewood comprehensive plan from RL, residential low density to LSC, limited service comr~~ercial, for the follow- ing described property: Lots 15 and 16, Castle Acres, subject to Highway 36, except the East 12.5 feet of Lots 15 and 16 - 4 - 2/13 This property is more commonly described as 1915 Castle Avenue; N041, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD PLANNING COMMISSION that the above described plan amendment be approved on the basis of the following findings of fact: 1. The property is currently occupied with an existing commercial building. Conversion to residential use does not seem reasonable. 7_. An LSC designation with appropriate rezoning would be compatible with a residential neighborhood; and ~•1HEREAS, the City of Maplewood initiated a rezoning from BC, business commercial to R-l, residence district (single dwelling) for the following described property: Lots 15 and 16, Castle Acres, subject to Highway 36, except the Cast 125 feet of Lots 15 and 16. This property is commonly ;mown as 1915 Castle Avenue. PdOl~l, THEREFORE, BE IT RESOLVED BY TtIE f4APLE4~l00D PLANNING COPIP1ISSION that the above _ described rezoning be approved on the basis of the following findings of fact: 1. The proposed change is consistent with the spirit, purpose and intent. of the zoning ordinance and Comprehensive Plan. 2. The proposed c{iange 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 commun- ity, where applicable, and the public welfare. Commissioner +~lhitcomb seconded. Ayes - Commissioners Axdahl, Pellish, Prew, Robens, Sletten, L+lhitcomb." d. Mr. R. G. Gunvaldson, owner of the property, presented a letter to the Council stating his beliefs that the property should remain commercial.. He also requested the matter be tabled. e. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following area residents voiced their opinions: V~lalter Doehne, 1941 Castle Roger Anitzberger, 1949 Castle. ;8 f. R1ayor Greavu closed the public hearing. g. Councilmember Anderson introduced the following resolution and moved its adoption: B4-2- 16 GIHEREAS, the City of Maplewood initiated a rezoning from BC, business commercial to DIC, neighborhood commercial for the follvaing described property: Lots 15 and 16, Castle Acres, subject to High~vay 36, except the East 125 feet of Lots 15 and 76. - 5 - 2/13 This property is commonly Known as 1915 Castle Avenue. UJHF.REAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by the Maplewood City Council, pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. 2.. This rezoning was reviewed by the Paplewood Planning Commission on December 5, 1983. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on February 13, 7984, to consider this rezoning. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above described rezoning be approved on the basis of the following findings of fact: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning ordinance and Comprehensive Plan. 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 adeo,uately safeguarded. 3. The proposed change vaill serve the best interests and conveniences of the community, where applicable, and the public welfare. Seconded by Corncilmember Wasiluk. Ayes - all. h. Councilmember Anderson introduced the following resolution and moved its adoption: 82-2- 17 WHEREAS, the City of Maplewood initiated an amendment to the Maplewood comprehend sive plan from RL, residential low density to LSC, limited service commercial, for the following described property: Lots 15 and 16, Castle Acres, subject to Highway 36, except the East 125 feet of Lots 15 and 16 This property is more commonly described as 1915 Castle Avenue; WHEREAS, the procedural history of this plan amendment is as follows: 1. This plan amendment was initiated by the City of Maplewood. 2. The Maplewood Planning Commission held a public hearing on December 5, 1983, to consider this plan amendment. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an oppor- tunity to be heard and present written statements. The Planning Commission recommended to the City Council that said plan amendment be approved. - 6 - 2/13 3. The P'!aplewood City Council considered said .plan amendment on February 13, 1984. The Council considered reports and recommendations from the Planning Commission and city staff. NOVd', THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above described plan amendment be approved on the basis of the following findings of fact: 1. The property is currently occupied with an existing commercial building. Conversion to residential use does not seem reasonable. 2. An L SC designation with .appropriate rezoning would be compatible with a residential neighborhood. Seconded by Councilmember Wasiluk. Ayes - all. 2. Plan Amendment and Rezoning - 2044-2110 English 7:15 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding an application for a Plan Amendment from RP1 residen+.ial medium density to RL residential lower density and a zone change from F-Farm Residence to R-1 Single Dwelling Residential. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. c. Director of Community Development Geoffrey Olson presented the following recom- mendation: "Commissioner Prew moved the following resolutions be forwarded to the City Council: WHEREAS, the City of Maplewood initiated an amendment to the Maplewood Comprehen- live Plan from RM, residential medium density to RL, residential lower density for the property bounded by Skillman Avenue right of way on the south, the Burlington Northern tracks on the east, English Street on the west and the south line of Lots 1-10, block 21, Sabin,Addition on the north. The property is more commonly described as 2044-2110 English Street. NOW, THEREFORE, BE IT RESOLVED BY THE PIAPLEWOOD PLANNING COMMISSION that the, above described plan amendment be approved on the basis of the following findings- of-fact: 1. All of the lots are developed with single dwellings, except for one double dwelling. 2. The lots to the east and west are developed with single dwellings. WHEREAS, the City of P1aplevaood initiated a rezoning from F, farm residence to R-1, single dwelling for the following described properties: a 1. Sabin Addition to Gladstone, S 1/2 of alley as vacated in document #567599 accruing and Eldridge Avenue as vacated in document #567598 accruing and lots 11 and 12; block 21 (2110 English St.). 2. Unplatted lands, S 1/2 of alley as vacated in document #567599 accuuing and Eldridge Avenue as vacated in document #567598 all accruing to and follow- ing lots 13 through 19, block 21, Sabin= Addition to Gladstone. Also, N 165 feet of part of S 1/2 of NW 1/4 of N41 1/4, lying W of BN Ry R/W (subiect to roads and easements) in 15-29-22 (2090 English Street). - 7 - 2/13 _ 3. Unplatted lands, except N 165 feet and except S 385 feet of that part west of NP Ry R/W of S 1/2 of NW 1/4 of Nhl 1/4 (subject to streets) in 15-29- . 22 (2076 English Street), 4. Unplatted lands, N 85 feet of S 305 feet of that part 61est of NP Ry R/41 of PJW 1/4 of NW 1/4, (subject to streets) in 15-29-22 (2062 En~dish Street). 5. Unplatted lands, the N 100 feet fo the 5 220 feet of that part of the Nbd 1/4 of the Nl^! 1/4 testerly of NP Ry R/~l (subject to roads) in 15-29-22 (2054 English Street). 6. Unplatted lands, S 120 feet of that part of NW 1/4 of the PJW 1/4 westerly of NP Ry R/W (subject to roads) in 15-29-22 (2044 English Street). NOW, THEREFORE, BE IT RESOLVED BY THE R1APLEWOOD PLANNING COMMISSION that the above described rezoning be approved on the basis of the following findings of fact: 1. The proposed change is consistent with the spirit, purpsoe 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. Commissioner Sletten seconded. Ayes - Commissioners Axdahl, Pellish, Prew, P.obens, S}etten; Whitcomb." d. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following resident voiced his opinion: Mr. Dennis Johnson, 2044 English. e. Mayor Greavu closed the public hearing. f. Councilmember Flnderson introduced the following resolution and moved its adoption: 84 - 2 - 18 WHEREAS, the City of Maplewood initiated an amendment to the Paplewood Cornpre- hensive Plan from RM, residential medium density to RL; residential lower density for the property bounded by Skillman Avenue right of wait on the south, the Burlington Northern tracks on the east, English Street on the west and the souttr line of lots 1-10, block 21, Sabin Addition on the north. This property is more commonly described as 2044-2110 English Street. l^IHEREAS, the procedural history of this plan amendment is as follows: 1. This plan amendment was initiated by the City of Maplewood. - 8 - 2./13 2. The Maplewood Planning Commission held a public hearing on December 5, 1983 to consider this plan amendment. Notice thereof vaas published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Planning Commission recommended to the City Council that said plan amendment be approved. 3. Tha Maplewood City Council considered said plan amendment on February 13, 1984. The Council considered reports and recommendations from the Planning Commissior and City staff. P10W, THEREFORE, BE IT RESOLVED 8Y THE 1~lAPLEW00D CITY COUNCIL that the above described plan amendment be approved on the basis of the following findings of fact: 1. All of the lots are developed with single dwellings, except for one double dwelling. The lots to the east and west are developed with single dwellings. Seconded by Councilmember 6~lasiluk. Ayes - all. g. Councilmember Anderson introduced the following resolution and moved its adoption: 84 - 2 - 19 ta1HEREFlS, the City of Paplewood initiated a rezoning from F, farm residence to R-1, single dwelling for the following described properties: 1. Sabin Rddition to Gladstone, S 1/2 of alley as vacated in document #567599 accruing and Eldridge Avenue as vacated in document #567598 accruing and lots 11 and 12, block 21 (2110 Eng ish St.). _ 2. Unplatted lands, S 1/2 of alley as vacated in document #567599 accruing and Eldridge Avenue as vacated in document #567598 all accruing to and fol. lots 13 through 19, block 21, Sabin Addition to Gladstone. Also, N 165 ft of part of S 1/2 of NW 1/4 of NW 1/4, lying 6^I of BN Ry R/bJ (subject to road and-easements) in 15-29-22 -(2090 English Street). 3. Unplatted lands, except N lfi5 ft, and except S 385 ft. of that part W of NP Ry R/U1 of S 1/2 of NW 1/4 of NUJ 1/4 (subject to streets) in 15-29-22 (2076 English Street). 4. Unplatted lands, N 85 ft. of S 305 ft. of that part W of NP Ry R/W of NW 1/4 of P16~J 1/4, (subject to streets) in 15-?_9-22 (2062 English Street). 5. lnplatted lands, 'the N lO0 ft. of the S 220 ft. of that part of the NW 1/4 of the NW 1/4 Westerly of ~1P Ry R/W (subject to roads) in 15-29-22 (2059- English Street.). - 6. Unplatted lands, S 120 ft.of that part of the N6'J 1/4 of the N41!'1/4 Westerly of NP Ry R/W (subject to roads) in 15-29-22 (2044 English Street). WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by the City of P1aplevvaod, pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. - 9 - 2/13 2, This rezoning was reviewed by the Maplewood Planning Carnmission on December 5, 1983. The Planning Commission recommended to the City Council that the said rezoning be approved. 3. The Raplewood City Council held a public hearing,on February 13, 1984 to consider this rezoning. Notice thereof !was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. N06~r, THEREFORE, BE IT RESOLVED BY THE f1APEL4l00D CITY COUNCIL that the above described rezoning be approved on the basis of the following findings of fact: 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 or' 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, sevrers, police and fire protection and shcools. Seconded by Councilmernber ldasiluk. Ayes - all. 3. PUD: VanOyke and County Road B 7:30 P.M. a. P1ayor Greavu convened the meeting for a public hearing regarding a requesi; from the E.T. Hughes Construction Company for a conditional use permit for a planned unit development of 54 dwelling units located at the Northwest corner of VanDyke Street and County Road B. The Clerk stated the hearing notice was. in order and noted-the dates of publication. b. P4anager Evans presented the staff report. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "ldhereas, E.T. Hughes Construction Company initiated a conditional use permit for a planned unit development at the following described property: South 1/2 of vacated alley adjoining and north 1/2 of vacated Laurie Avenue adjoining and following pert of lot 2 lying east of a line running from a point ' in center line of said avenue 272. 79/100 feet east from west line of lot 2 to a point on north line of and 272 91/100 feet east from northwest corner of said lot 2, block 13, Smith and Taylors Addition to North St. Paul. Except south 2 65/100 feet and except following: Beginning on vresi; line of and 2 65/100 feet north of southvJest corner of lot 1, thence east 271 49/100 feet thence north to .point in center line of vacated Laurie Road 272 19/100 feet east from west line of said lot, thence west to vuest line of said lot 1, thence south to beginning, part of vacated adjacent Laurie Road in lot 1, block 2O, Smith and Taylors Addition to North St. Paul. - lO - 2/13 Vacated avenue south of and accruing ,following except north 265/100 feet the east 270 feet of lot 2, block 20, Smith and Taylors Addition to North St. Paul. Vacated alley accruing and folToaaing except west 271 49/100 feet the south 2 Cis/100 feet of lot 1 and except west 271 49/100 feet the north 2 65/100 feet of lot 2, block 20, Smith and Taylors Addition to North St. Paul. Vacated avenue. south of and accruing and following except north 2.65 feet the west 49 feet of east 319 feet of lot 2, block 7.0, Srnith and Taylors Addition to North Si. Paul. North 1/2 of vacated alley and vacated avenue north of and accruing and following east 495 6/10 feet of lot 1, block 29, Smith and Taylors Addition to North St. Paul. South 1/2 of vacated alley adjoining and east 495 6/10 feet of lot 2, block ?_9, Smith and Taylors Addition to North St. Paul. 6?HEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was initiated by E.T. Hughes Construction, Inc., pursuant to the Maplewood Code of Ordinances. 2. This conditional use permit was reviewed by the Maplewood Planning Commission on February 6, 1984.. The Planning Commission recommended to the City Council that said permit be approved. 3. The Paplewood City Council held a public hearing on February 13, 1984 to consider this conditional use permit. Notice thereof was published and mailed pur- suant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the city staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE P9APLEWOOD CITY COUNCIL that the above described conditional use permit be approved on the basis of the following findings of fact: 1. The use would conform with the City's Comprehensive Plan and with the purpose and standards of the Zoning Code. 2. The establishment of maintenance of the use would not be detrimental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character of the zoning district. 4. The use would not depreciate property values. a 5. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to noises, glare, smoke, dust, odor, fumes, water .pollution, water run-off, vibration, general unsightliness, electrical inter- ference or other nuisances. 6. The use would generate only minimal vehiclular traffic on-local streets and would not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area properties. -11- -7_/13 7. The use would be served by essential public services, such as streets, police, fire protection, utilities, schools and parks. 8. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the City. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. Construction beginning vaithin one year. Code allows a one time, six-month extension if just cause is shown. The applicant must apply for such extension, in writing, at least thirty days prior to expiration. 2. Prior to platting or any metes and bounds land subdivision or the issuance of a building permit for any of the structures vrhich do not front on County Road B, Council must order the extension of a water main north along VanDyke Street from County Road B. 3. Final grading, drainage and utility plans must be approved by the City Eng- ineer. 4. Any connection to utilities in County Road B or temporary curb cuts to County Road 8 must 6e approved in writing by the Ramsey County Department of Public bJorks. 5. Submission of an erosion control plan prior to issuance of any building permits, which incorporates the recommendations of the Watershed and Soil and Water Conservation Districts. 6. Granting of twenty-foot wide sanitary sewer easements, centered on the existing sewer pipes located in the vacated Sandhurst Avenue and Laurie Road. 7. Relocating the south line of each derelling lot fifteen feet to the south. II. Community Design Review Board approval of the site plan, landscaping plan and building elevation plans for all bui; the single dwellings. CDRB approval of i:hese plans shall be subject to, but not limited to, the following requirements: a. The siding materials for each of the proposed rental structures (four and eight p7exes) and associated garages shall consist of lovt maintenance items such as stucco, brick; aluminum or similar product that does not require painting or staining. b. The required twenty foot wide landscape area along the east side of the site shall be extended from County Road B north to the south lot line of the southerly single dwelling. '.8 c. The turning radii for each access shall be increased to approximate normal street design standards. The city engineer shall approve the revised radii." d. Mayor Greavu called for proponents. The following were heard: Mr. John Sauro, -Sauro Realty P•1r. Warren Peterson, attorney representing Nir. E.T. Hughes. - 12 - 2/73 e. Mayor Greavra called for opponents. The following were heard: Mr. Don P.enneke, owner of the Kinderhaus Mrs. Connie Laianderville, 2194 VanDyke Mr. Mumford Richert, 2172 Van Dyke Street f. Mayor Greavu closed the public hearing. g. Councilmember Bastian moved to deny the request for a conditional use permit for a planned unit development o we ing um is at t e Wort west corner o anDy e treet an ounty oa as proposed y t e .T. ug es onstruction Co. ase on evi ence given at t e pu is Baring ear previous y on Novem er , an at t is Baring as n ows` 1. The proposed use is not in conformance with the Comprehensive Plan and the purpose and standards of Chapter 36 of the i+laplewood Code. 2. The establishment and maintenance of a PUD would not be compatible with the public health safety or general welfare of the contiguous neighborhood or the City in general. 3. The use proposed is not compatible with the existing land uses. 4. Based upon Council experience and knowledge the surrounding property values would depreciate if the land vdould be put to higher density use. 5. The use would be hazardous, detrimental and would disturb the present and potential surrounding neighborhood, due to noises, glare, smoke, dust, odor, fumes, water pollution, potential water run-off, vibration, general unsightliness, electrical interference or other nuisances. 6. There would be a great increase of traffic on local streets specifically VanDyke and traffic congestion at. the ini;ersections of Cope and bJhite Bear and County Road B and White Bear would pose undo burdens to the area properties and also on the City's services such as police, fire and paramedics. 7. The use would not be served adequately by essential public services, such as parks, police, fire protection, utilities and streets. B. The intentional use of the property would create additional requirements at public cost for public facilities and services. 9. The use would cause adverse environriiental effects on the present and future residents. Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson, Bastian and Wasiluk. Nays - P1ayor Greav~i and Councilmember Maida. Motion carried. h. Councilmember Anderson moved to refer to the Planning Commission to initiate a rezoning of this property rom an to an a P an men went rom - m an - o Seconded by Councilmember 6lasiluk. Flyes - all. - 13 - 2/13 4. Rezoning: Conditional Use Permit and Plan ApprovaY - 1810 E. County P.oad 8-7:45 P.P1. a. Playor Greavu convened the meeting for a public hearing regarding the request of Roger Fulk for approval of a zone change from F-Farm residential to M-1, light ranufacturing, renewal of a conditional use permit for the existing shop, approval of a conditional use permit fora proposed building and approval of a five foot side yard setback variance at 1810 E. County Road B. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. c. Chairman Les Axdahl presented the foiloveing Planning Commission recommendation: "Commissioner Fischer moved the Planning Commission forward the following resolutions to the City Council:' WHEREAS, Roger R. Fulk initiated a rezoning from F, farm residential to M- 1, light manufacturing for the fol owing described property: The east 175 feet. of the west 458 feet of the-north 333 feet of the NUJ 1/4 of the NVJ 1/4 of Section 14, Township 29, Range 22, subject to roads. This property is also known as 1810 E. County Road B, Maplewood; N06d, THEREFORE, BE IT RESOLVED BY THE P~IAPLEWOOD PLANNING COMMISSION that the above described rezoning be approved on the basis of the following findings of fact: 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 the 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, and WHEREAS, Roger R. Fulk initiated a conditional use permit to construct two manufacturing buildings within 200 feet of a residential district at the following described property: ' The east 250 feet of the west 533 feet of the north 333 feet of the NW 1/4 of the NW 1/4 of Section 14, Township 29, Range 22, subject to roads This property is also known as 1810 E. County Road B, Maplewood; NOId, THEREFORE, BE IT RESOLVED BY THE MAPLE4100D PLANNING COMMISSION that. the -above described conditional use permits be approved on the basis of the following findings of fact: - 14 - 2/13 1. The use is in conformity with: the city's comprehensive plan and with the purpose and standards of the zoning code. 2.. The establishment and maintenance of the use would not be detrimental to public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be cornpatible with the character of the M-1 zoning district. n. The use would not depreciate property values. 5. The use would not be hazardous, detrimental or disturbing to present and potent- ial surrounding land uses, due to noises, glare, smoke, dust, odor, fumes, water pollution, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 6, The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion, unsafe access or• parking needs that would cause undue burden to the area properties. 7. The use would be served by essential public services, such as streets, police, fire protection, utilities, schools and parks. 8. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the city. 9. The use would preserve and incorporate the site's natural and scenic features into the development design. 10. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. The hours of operation shall generally be between 8 a.m. and 5 p.m. 2. All equipment and machinery shall be stored indoors. 3. All fire safety regulations shall be met. 4'. All junk vehicles and any other miscellaneous debris shall be removed from the premises. 5. This permit shall be reviewed in one year from the date of this approval. Commissioner Sletten seconded. Ayes - Commissioners Axdahl; Fischer°, Hejny, Pellish, Presv, Robens, Sigmundik, Sletten, Whitcomb." a d. Mr. Roger Fulk, 1810 E. County Road B, the applicant, spoke on behalf of his proposal. Mr. Fulk also appealed the condition that his driveway be blacktopped. e. Mayor Greavu called for proponents. None were heard. f. ~4ayor Greavu called for opponents. None were heard. g. htayor Greavu closed the public hearing. - 75 - 2/13 h. Counciimember Anderson-moved to deny the request to waive the condition of blacktopping the driveway as recommen e in t e sta report. Seconded by Councilmernber Maida. Ayes - all. i. Mayor Greavu introduced the following resolution and moved its adop±ion: &;4 - 2 - 2.0 6•JHEP,EP,S, Roger° R. Fulk initiated a conditional use permit to construct two manufacturing building within 2f10 feet of a residential district at the following descriked property: The East 250 feet of the West 533 feet of the North 333 feet of the NW 7/4 of-the N61 1/4 of Section 14, Township 29, Range 22., subject to roads This proper%y is also known as 1P 10 E. County Road B, Maplewood; bJHEREP,S, the procedural history of this conditional use permit is as follows: 1. The conditional use permit for the first building was approved by Council on September 20, 1979 pursuant to the Maplewood Code or Ordinances and subject to the following conditions: a. Approval of the requested rezoning b. The hours of operation being from 9 a,m. 'to 7 p.m. c. No exterior storage of equipment or materials d. Compliance with all fire safety regulations e. Removal of inoperable or junk vehicles from the premises 2. This conditional use permit for the second building was reviewed by 'the Maplewood Planning Commission on January 1H, 1984. The Planning Commission recommended to the City .Council that said permit be approved. 3. The Maplewood City Council held a public hearing on February 13, 19£34 to consider the conditional use permit for the proposed second building. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City Staff and Planning Commission. N06ti' THEP~EFORE, BE IT RESOLVED BY THE h1APLELd00D CITY COUNCIL that the above described conditional use permits be approved on the basis of the following findings of fact: 1. The use is in conformity vrith the city's coi;~prehensive plan and vaith the purpose and standards of the zoning code. + 2. The establishment and maintenance of the use vaould not be detrimental to public health, safety or aeneral welfare. 3. The use would be located, designed, maintained and operated to be compatible - with the character of the h1-1 zoning district. 4. The use vrould not depreciate praperfy values. 5. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to noises, glare, sr+oke, dust, odor, - 16 - 2113 fumes, water pollution, water run-off, vibration, general unsightliness, electri- cal interference or other nuisances. 6. The use would genera+_e only minimal vehicular traffic on local streets and would not create traffic congestion, unsafe access or parking needs that would cause undue burden to the area properties. 7. The. use vaould be served by essential public services, such as streets, police, fire protection, utilities, schools and parks. 8. .The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the-city. 9. The use would preserve and incorporate the site's natural and scenic features into the development design. 10. The use vaould cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. The hours of operation shall generally be between 8 a.m. and 5 p.m. 2. All equipment and machinery shall be stored indoors. 3. All fire safety regulations shall be met. 4. All junk vehicles and any other miscellaneous debris shall be removed from the premises. 5. This permit shall be reviewed in one year from the date of this approval. Seconded by Councilmember Maida. Ayes - all. j. mayor Greavu introduced the following resolution and moved its adoption: 8 4 - 2 - 21 41HEREAS, Roger R. fink initiated a rezoning from F, farm residential to M- 1, light manufacturing for the following described property: The East 175 feet of the West 458 feet of the North 333 feet of the N41 1/4 of the NW 1/4 of Section 14, Township 29, Range 2.2, subject to roads. This property is also known as 1810 E. County Road Q, Plaplewood: WHEREAS, the procedural history of this rezoning is as follows: - F 1. This rezoning was initiated by Roger R. Fulk, pursuant to chapter 36, article VII of the h1aplewood Code of Ordinances. 2. This rezoning was reviewed by the P1aplewood Planning Commission on January 16, 1984. The Planning Commission recommended to the City Council that said rezoning be approved. - 17 - 2/13 3. The Maplewood City Council held a public hearing on February 13, 1984 to consider this rezoning.. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the city staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE P•1APLEWOOD CITY COUNCIL that the above described rezoning be approved on the basis of the following findings of fact: 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 4velfare. 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 h1aida. Ayes - all. k. Mayor Greavu introduced the following resolution and moved its adoption: 84-2-22 WHEREAS, Roger R. Fulk applied for a variance for the following described property: The East 250 feet of the West 533 feet of the Plorth 33 feet of the NW 1/4 of the NW 1/4 of Section 14, Township 29, Range 22, subject to roads. This property is also known as 1810 E. County Road B, Maplewood; WHEREAS, section 26-27 of the Maplewood Code of Ordinances requires a twenty foot side yard setback when the building would be within 2.00 feet of a residential district; WHEREAS, the applicant is proposing a fifteen foot setback, requiring a var- . fiance of five feet; WHEREAS, the procedural history of this variance is as follows: 1. This variance was reviewed by the Community Design Review Board on January 24, 1984. The Board recommended to the City Council that said variance be approved. 2. The Maplewood City Council held a public hearing on February 13, 1984 to consider this variance. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an oppor- tunity to be heard and present written statements. The Council also con- sidered reports and recommendations of the city staff and Community Design Review Board. - 18 - 2/13 NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above described variance be approved on the basis of the following findings of fact: 1. The physical characteristics of the property are such that much of the proposed building would not be visible, because of the large difference in grade elevation between this site and the adjacent property. 2. The intent of the ordinance is satisfied due to the large amount of natural area already available between the city's driveway and the proposed building site. Seconded by Councilmember Maida. Ayes - all. 5. Preliminary Plat: Gervais Overlook - 8:00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding a proposal of Richard Anderson for a preliminary plat to create twelve single dwelling lots at. 2830 Keller Parkway. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Fischer moved the Planning Commission recommend to the City Council approval of the Gervais Dverlook preliminary plat for twenty lots which was con= sidered by Council on April 15, 1982, on the basis that: 1. The location of the Beam Avenue intersection with Arcade Street is more de- sirable than the December 1983 proposal. 2. Ramsey County's upgraded County Ditch 7, together with the ponding to be pro- vid~d on-site, would address the localized drainage concerns. 3. The Soil Conservation Service has stated that the soils on the fringe of the on-site wetland can be successfully removed and filled for building. 4. The lots would average 14,679 square feet or 4,679 square feet larger than required by code. 5. The proposal is compatible with the requirements of the Environmental Protection and Shoreland Ordinances, the Zoning Code and the Land Use Plan. Approval of the preliminary plat shall be subject to: 1. The City of Little Canada ordering city water to this site. The plans shall be approved by the Mapleo-rood city engineer. ;a 2. Final grading, utility and drainage plans shall be submitted for approval by the city engineer. These plans shall provide for: a. The lowest floor level (including basements) of all permanent structures shall be no lower than 864.6 feet. - 19 - 2/13 b. Campliance~-with grading, filling and water quality management-plan re- quirements of Section 36-566(f) and 36-567(b) of the Shore land Ordinance. These plans shall consider the recommendations of the Soil Conservation Servile in their January 9, 1984 report. 3. A signed developer's agreement with required surety shall be submitted to - the director of public avorks far all public improvements, including a temporary cul-de-sac at the east end of proposed Beam Avenue. 4. Payment of deferred water assessment. 5. Removal or relocation of the garage to comply with setback requirements. 6. Proof by land survey that the existing dwelling (and accessory structure if retained) would be located consistent with setbac!< requirements. 7. Submission of an opinion from a registered soils engineer that the lots as proposed are buildable. This report shall include a statement of the remedial procedures necessary to remove any soils material that is questionable as a foundation for building. 8. The Wane "Block 2" shall be placed on the lots south of Beam Avenue. Commissioner Hejny seconded. Ayes - Commissioners Axdahl, Fischer, Hejny, Pellish, Prew, Robens, Sigmundik, Sletten, Whitcomb." d. Mr. Richard Anderson, 2830 Keller Parkway, and Mr. Frank Frattalone, 3205 Centerville Road, co-owners of the property, spoke on behalf of the proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. The following were heard: Mr. Tim Murphy, 2756 Keller Parkway Mr. Ron Brown, 2.776 Keller Parkway Mr. Ed Burglund, 2800 Keller Parkway hers. Judy Repke, 2828 Keller Parkway Mr. Sanford Brink, 2926 LaBore Road Mrs. Kathy B maker, 2786 Keller Parkway Mr. Bill Repke, 2828 Keller Parkway. g. Mayor Greavu closed the public hearing. h. Mayor Greavu moved to deny the request for the 12 lot preliminary plat proposed by Richard Anderson. Seconded by Councilmember Wasiluk. Ayes - ale. + i. Mayor Greavu moved to approve the Gervais Overlook preliminary plat for twenty lots, which was consi.ere y ounce on ,pre 98 , on t e asis a - 1. The location of the Beam Avenue intersection with Arcade Street is more de- sirable than the December 1983 proposal. 2. Ramsey County's upgraded County Ditch 7, together with the ponding to be pro- vided on-site, would address the localized drainage concerns. - 20 - 2/13 _ . 3. The Soil Conservation Service has stated that the soils on the fringe of .the on-site weltand ran be successfully removed and filled for building. 4. The lots would average 74,679 square feet or 4679 square feet larger than required by code. 5. The proposal is compatible with the requirements of the Environmental Protection and Shore land Qrdinances, the Zoning Code and Land Use Plan. Approval of the preliminary plat shall be subject to: i. The C.it,y of Little Canada ordering city water to this site. The plans. shall be approved by the Maplewood City Engineer. Z. Final grading, utility and drainage plans shall be submitted for approval by the City Engineer. These plans shall provide for: a. The lowest floor level (including basements) of all permanent structures shall be no lower than 864.6 feet. b. Compliance with grading, filling and water quality management plan re- quirements of Sections 36-566(f) and 36-567(b) of the Shoreland Ordinance. These plans shall consider the recommendations of the Soil Conservation Service in their January 9, 1984 report. 3. A signed developer's agreement, with required surety shall be submitted to the director of public works for all public improvements, including a temporary cul-de-sac at the east end of proposed Beam Avenue. 4. Payment of a deferred water assessment. 5. Removal or relocation of the garage to comply with setback requirements. 6. Proof by land survey that the existing dwelling (and assessory structure, if .retained) would be located consistent with setback. requirements. 7. Submission of an opinion from a registered soils engineer that the lots as proposed are buildable. This report shill include a staternent of the remedial procedures necessary to remove any soils material that is questionable as a foundation for building. 8. The name "Block 2" shall be placed on the lots south of Beam Avenue. 9. Lots 12-16 may be realigned to front on Arcade Street. 'd. Seconded by Councilmember t4aida. Ayes - Mayor Greavu, Councilmembers Maida and Wasiluk. Nays - Councilmembers Bastian and Anderson. Councilmember Bastian moved to waive the Rules of Procedures and to extei7d the meeting past the deadline. Seconded by Councilmember Anderson. Ayes - all. - 21 - 2./13 6. Variance: 1750 English Street - Harrison 8:15 P.M. Councilmember Basiian moved that this item be tabled until the meeting of February 27, 1984. Seconded by Councilmember Maida. Ayes - all. Councilmember Bastian moved to waive the Rules and discuss Items I-3, 11 and 12 and Item L-2 at this time. Seconded by Councilmember Maida. Ayes - all. I. NEW BUSINESS 3. Plan Amendment: McMenemy Street, North of Roselawn Avenue a. Manager Evans presented the staff report.. b. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Prew moved the Planning Commission forward the following resolution to the City Council: b1HEREAS, the City of Maplewood initiated an amendment to the Maplewood compre- hensive plan from RM, medium density residential to RL, low density residential for the following described property: Lots 4 - 27, Block 4, lots 3 - 28, Block 3; Lots 16 -23, Block 6; all of Block 5, P~agoffins North Side Addition to St. Paul This property is more commonly described as the land north of Rose lawn Avenue, east of McMenemy, and south of the homes abutting Skillman at McMenemy. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD PLANNING COMMISSION that the above described plan amendment be approved on the basis of the following findings- of-fact: 1. The areas are zoned and developed with single dwellings, which is compatible with the RL classification. 2_. The change would have no adverse affect on the comprehensive plan or the development of adjacent properties. Commissioner Pellish seconded. Ayes - Commissioners Axdahl, Fischer, Hejny, Pellish, Prew, Robens, Sigmundik, Sletten, Whitcomb." d. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following voiced their opinions: 3 Mr. Marvin Heiser, 2027 Arkwright Mr. Doug P1cKenna, 2050 Arkwright. e. Councilmember Anderson introduced the following resolution and moved its adoption: 84-~-~~ WHEREAS, the City of Maplewood initiated an amendment to the Maplewood com- prehensive plan from RM, medium density residential to RL, lo4a density residential - 22 - 2/13 for the following described property: Lots 3 through 15, block 3, P1agoffin's PJorth Side Addition to St. Paul, Ramsey County. This property is more commonly described as the land north of Rosela~rJn Avenue between McMenemy Street and Roselawn Park and the single develling sites west of Arkwright. Street south of Skillman Avenue. WHEREAS, the procedural history of this plan amendment is as follows: 1. This plan amendment was initiated by the City of P1aplewood. 2. The Maplewood planning commission held a public hearing on January 16, 1984 to consider this plan amendment. Notice thereof was published and mailed pursuant to law, All persons present at said hearing were given an opportunity to be heard and present written statements. The planning commission recommended to the city council that said plan amendment be approved. 3. The Maplewood city council considered said plan amendment on February 13, 1984. The council considered reports and recommendations from the planning commission and city staff. NO~rI, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COl1NCIL that the above described plan amendment be approved on the basis of the following findings-of- fact: 1. The areas are zoned and developed with single dwellings, ~rJhich is compatible ~^aith the RL classification. 2. The change would have no adverse affect on the comprehensive plan or the development of adjacent properties. Seconded by Councilmember R1aida. Ayes - all. 11. Change in Department Name a. Manager Evans presented the staff report. b. Councilmember Bastian moved first readinc~of an ordinance`to approve the`depart- ment name change from Department of Emergency Preparedness to Department of Emergency Services. ec-S onde~tc by Councilmember Wasiluk. Ayes - all. 12. AFSCME Contract a. Manager Evans presented the staff report. b. Councilmember 6dasiluk moved to accept the contract as presented and to approve a budget transfer from the ont.igency un o cover t e cos s. Seconded by Councilmember Maida. Ayes - all. ' ADMINISTRATIVE PRESENTATIONS" 2.. Beam Avenue Assessments- - 23 - 2/13 a. Mayor GreaVU introduced the following resolution and moved its adoption: 84-2-24 WHEREAS, the City of Maplewood on August 24,.1976, assessed that certain parcel of land identified in Maplewood Putilic Improvement Projects No. 70-5A and 71-15 as Parcel No. 15 for certain street, bridge and storm sewer improvements and that the owners hereof took timely appeals therefrom to the. Ramsey County District Court; WHEREAS, the City and the Owners, through their respective attorneys, have entered into a Stipulation of Settlement and Dismissal dated November 28, 1983 whereunder the assessments levied for street against said parcel was reduced by $26.77 per lineal foot of frontage on Beam Avenue; 41HEREAS, the Stipulation of Settlement and Dismissal calls for the effective date of the reduction to be August 24, 1976 the date of assessment with interest as originally determined running from that date and-with payments due hereinafter; WHEREAS, it is the intention of the City in entering into this Stipulation of Settlement and Dismissal that the Owners shall not be liable for penalties and interest on penalties from the date of assessment, August 24, 1976, through and including the date hereof. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Maplewood as follows: '1. That as to Parcel No. 15 (Earl Steinbring & James Lennon, Code No. 57 00270 580 50) having 100 feet of frontage on Beam Avenue, the assessmend levied by the City August 24, 1976 for Project 70-5A and 71-15 for streets shall be reduced by the sum of $2,677.00. Reduction as follows: 71-15, DP 1581, $3991.00 reduced to $3376.32 = $614.68 and 70-5A, DP 1564, $10,166.00 .reduced to $8,103.68=.$2062.32. 2. That any and all penalties together with and including interest on said penalties from August 24; 1976 through and including the date hereof be, and hereby are, abated and the Maplewood City Clerk be, and hereby is, directed to take such action as is reasonable and necessary to affect said abatement as provided herein. Seconded by Councilmember Maida. Ayes - all. b. Mayor Greavu introduced the following resolution and. moved its adoption: 84-2-24A WHEREAS, the City of Maplewood on August 24, 7976, assessed that certain parcel of land identified in Maplewood 'Public Improvement Projects No. 70-5A and 71-15 as Parcel No. 16 for certain street, bridge and storm sewer improvements and that the owners hereof took timely appeals therefrom to the Ramsey County ' District Court; WHEREAS, the City and the Owners, through their respecitive attorneys, have entered into a Stipulation of Settlement and Dismissal dated November 28, 1983 whereunder the assessments levied for street against said parcel was reduced by $26.77 per lineal foot of frontage on .Beam Avenue; - 24 - 2/13 WHEREAS, the Stipulation of Settlement and. Dismissal calls for the effective date of the reduction to be August 24, 1976 the date of assessment with interest as originally determined running from that date and with payments due hereinafter; WHEREAS, it is the intention of the City in entering into this Stipulation of Settlement and Dismissal that the Owners shall not be liable for penalties and interest on penalties from the date of assessment, August 24, 1976, through and including the date hereof. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Maplewood as follows: 1. That as to Parcel No. 16 (Fred Plessel, Lode No. 57 00210 650 50) having 100 feet of frontage on Beam Avenue, the assessment levied by the City August 24, 1976'for Project 70-5A and 71-15'for streets shall be reduced by the sum of $2,677.00. Reduction as follows: 71-15, DP 1581, $3,991.00 reduced to $3376.32 _ $614.68 and 70-5 A, DP 1564, $10166.00 reduced to $8103.68 = $2062.32. 2. That any and all penalties together with and including interest on said penalties from August 24, 1976 through and including the date hereof be, and hereby are, abated and the Maplewood City Clerk be, and hereby is, directed to take such action as is reasonable and necessary to affect said abatement as provided herein. Seconded by Councilmember P1aida. Ayes - all. c. Mayor Greavu introduced the following resolution and moved its adoption: 84-2-2.5 WHEREAS, the City of Maplewood on August 24, 1976, assessed that certain parcel of land identified in Maplewood Public Improvement Projects No. 70-5A and 71-15 as Parcel No. 17 for certain street, bridge and storm sewer improvements and that the owners hereof took timely appeals therefrom to the Ramsey County District Court; WHEREAS, the City and the Owners, through their respective attorneys, have entered into a Stipulation of Settlement and Dismissal dated November 28, 1983 whereunder the assessments levied for street against said parcel was reduced by $26.77 per lineal foot of frontage on Beam Avenue; WHEREAS,-the stipulation of settlement and dismissal calls for the effective date of the reduction to be August 24, 1976 and the date of assessment with interest as originally determined running from the date and with payments due hereinafter; WHEREAS, it is the intention of the City in entering into this Stipulation of Settlement and Dismissal that the Owners shall not be liable for penalties and interest on penalties from the date of assessment, August 24, 1976, through s and including the date hereof,, NOW, THEREFORE, BE IT RESOLVED by the Louncil of the City of Maplewood as follows: 1. That as to Parcel No. 17 (P1ary Liljedahl Code No. 57 00210 630 50) having 100 feet of frontage on BEam Avenue, the assessment levied by the City August •24, 1976 for Project 70-5A and 71-15 for streets shall be reduced by the sum of $26,677.00. - 25 - 2/13 Reduction as follows: 71-15, DP 1581, $3991.00 reduced to #3,376.32 = $614.68 and 70-5A, DP 1564, $10,166.00. reduced to $8,103.68 = $2062.32. 2. That any and all penalties together with and including interest on said - penalties from August 24, 1976 through and including the date hereof be, and hereby are, abated and the Maplewood City Cler!< be, and hereby is, directed to take such action as is reasonable and necessary to affect said abatement as provided herein. Seconded by Councilmember Maida. Ayes - all. d. Mayor Greavu introduced the following resolution and moved its adoption: 84-2-26 WHEREAS, the City of Maplewood on August 24, 1976, assessed that certain parcel of land indent ified in Maplewood Public Improvement Projects No. 70-5A and 71-15 as Parcel No. 20 for certain street, bridge and storm sewer improvements and that the owners hereof took timely appeals therefrom to the Ramsey County District Court; WHEREAS, the City and the Ovmers, through their respective attorneys, have entered into a Stipulation of Settlement and Dismissal dated November 28, 1983, whereunder the assessments levied for street against said parcel was reduced by $26.77 per lineal foot of frontage on Beam Avenue; WHEREAS, the Stipulation of Settlement and Dismissal calls for the effective date of the reduction to be Aulgust 24, 1976 the date of assessment with interest as originally determined running from that date and with payments due hereinafter; WHEREAS, it si the intention of the-City in entering into this Stipulation of Settlement and Dismissal that the Owners shall not be liable for penalties and interest on penalties from the date of assessment, August 24, 1976, through and including the date hereof. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Maplewood as follows: 1. That as to Parcel No. 20 (LeRoy Peters and SFIAP,E) 57 00210 760 50 having - 100 feet of frontage on Beam Avenue, the assessment levied by the City August 24, 1976 for Project 70-5A and 71-15 for streets shall be reduced by the sum of $2.,677.00. REduction as follows: 71-15 DP 1581, $3991.00 reduced to $3376.32 _ $614.68 and 70-5A, DP 1564, $10,166.00 reduced to $8,103.68 = $2.062.32. 2. That any and all penalties together with and including interest on said penalties from August 24, 1976 through and including the date hereof be, and hereby are, abated and the h1aplewood City Clerk be, and hereby is, directed to take such action as is reasonable and necessary to affect said abatement as provided herein. " Seconded by Councilmember Maida. Ayes - all. e. Mayor Greavu introduced the following resolution and moved its adoption: 84-2-27 WHEREAS, the City of Maplewood on August 24, 1976, assessed that certain parcel of land identified in Paplewood Public Improvement Projects No. 70-5A and 71-15 as Parcel No. 24 for certain street, bridge and storm sewer imporvements and that the owners hereof took timely appeals therefrom to the Ramsey County - 26 - 2/13 District Court; WHEREAS, the City and the Owners, through their respective attorneys, have entered into a Stipulation of Settlement and Dismissal dated November 28, 1933 whereunder the assessments levied for street against said parcel was reduced by $26.77 per lineal foot of frontage on Beam Avenue; WHEREAS, the Stipulation of Settlement and Dismissal calls for the effective date of the reduction to be August 2.4, 1976 the date of assessment with interest as originally determined running from that date and with payments due hereinafter; WHEREAS, it is the intention of the City in .entering into this Stipulation of Settlement and Dismissal that the Owners shall not be liable for penalties and interest on penalties from the date of assessment, August 24, 1976; through and including the date hereof. NObJ, THEREFORE, BE IT RESOLVED by the Council. of the .City of Maplewood as follows: 1. That as to Parcel No. 24 (Sherman Williams - Husnik and Rehbein) 57 00210 16O 50 having 283 feet of frontage on Beam Avenue, the assessment levied by the City August 24, 1976 for Project 74-5A and 71-51 for streets shall be reduced by the sum of $7,575.91. Reduction as follows: 70-5A, DP 1564, $15,646.72 reduced to $12,769.84 = $2,876.88 and 71-15, CP 1581, $6,142.64 reduced to $5,231.66 = $910.98. 7_. That any and all penalties together with and including interest on said penalties from August 24, 1976 through and including the date hereof be, and hereby are, abated and the Maplewood City Clerk be, and hereby is, directed to take such action as is reasonable and necessary to affect said abatement as provided herein. Seconded by Councilmember Maida. Ayes - all. Mayor Creavu introduced the following resolution and moved-its adoption: 84-2-27A WHEREAS, the City of Maplewood on August 24, 1976, assessed that certain parcel of land identified in Maplewood Public Improvement Projects No. 7O-5A and 71-15 as Parcel No. 24 for certain street, bridge and strom sewer improvements and that the owners hereof took timely appeals therefrom to the Ramsey County District Court; WHEREAS, the City and the Owners, through their respective attorneys, have entered into a Stipulation of Settlement and Dismissal dated November 28, 1983 whereunder the assessments levied for street against, said parcel vaas reduced by $26.77 per lineal foot of frontage on Beam Avenue; ' WHEREAS, the Stipulation of Settlement and Dismissal calls for the effective date of the reduction to be August'24, 1976 the date of assessment with interest as originally determined running from that date and vaith payments due hereinafter; WHEREAS, it is the intention of the City in entering into this Stipulation of Settlement and Dismissal that the Owners shall not be liable for penalties and interest on penalties from the date of assessment„ August 24, 1976, through and including the date hereof.. PIOW, THEREFORE, BE IT RESOLVED BY THE Council of the City of Maplewood as follows: -27- 2.;13 1. That as to Parcel No. 24 (Husnik and REhbein and Commercial Partners) 57 00210 740-50, having 283 feet of frontage on Beam AVenue, the assessment levied by the City August 24, 1976 for Project 70-5A and 71-15 for streets shall be reduced by the sume of $7,575.91. Reduction as follows: 71-15, DP 1581, $5,151.89 reduced to $4240.9?_ _ $910.97 and 70-5A, DP 1564, $25,322.26 reduced to $22,445.38 = $2,875.88. 2. That any and all penalties together with and including interest on said penalties from August 24, 1976 through and including the date hereof be, and. hereby are, abated and the Maplewood City Clerk be, and hereby is, directed to take such action as is reasonable and necessary to affect said .abatement as provieded herein.. Seconded by Councilmember Maida. Ayes - all. Councilmember Bastian moved to adjourn the meeting-and reconvene at 5:00 P.M., Thursday, February 16, Seconded by Councilmerber I~9aida. Ayes - all. M. ADJOURNMENT 12:14 A.M. ity erg ~ - 28 - 2/13