Loading...
HomeMy WebLinkAbout04.23.84 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, April 23, 1984 Council Chambers, Punicipal Building Meeting No. 84-09 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers, Municipal Building and was called to order at 7:00 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present MaryLee Maida, Councilmember Present Michael T. Wasiluk, Co~mcilmember Present C. APPROVAL OF MINUTES 1. Minutes No. 84-07 (April 2, 1984) Councilmember Maida moved to approve the P1inutes of Meeting No. 84-07 (April 2, 1984) as submitted. Seconded by Councilmember Bastian. Ayes - all. - 2. Minutes No. 84-08 (April 9, 1984) Councilmember Maida moved to approve the Minutes of Meeting No. 84408 (April 9, 1984) as submitted. Seconded by Councilmember Bastian. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Letter to P1rs. Galbraith 2. Beam Avenue Seconded by Councilmember Anderson. Ayes - all. E. CGNSENT AGENDP_ ' Councilrember Anderson moved, seconded by Counc ilmember Bastian, Ayes - all, to approve the Consent Agenda,. items l through 5, as recommended. 1. Accounts Payable Approved the accounts (Part I, Fees, Services, Expenses, Check register dated April 11,•1984 and April 12, 1984 - $309,336.45: Part II Payroll - Check dated April 20, 1984 - $63,934.56) in the amount of $373,271.01. - 1 - 4/23 2. Time Extension.: Maple Ridge Mall Final Plat Approved a'one year time extension for the Maple Ridge Mall final plat. A recordable deed to transfer Out lot A to Ramsey County shall be submitted prior to the City signing the plat. 3. Final Acceptance - Cope Avenue Resolution No. 84-4-55 WHEREAS, pursuant to a written contract approved by the City on May 28, 1980, C & H Contracting, Inc. of Elk River, Minnesota, has satisfactorily completed Maplewood Improvement Project 79-1 in accordance with said contract; N06J, THEREFORE, BE IT RESOLVED BY THE CITY OF MAPLEWOOD, RINNESOTA, the work com- pleted under said contract is hereby accepted and approved. 4. Interceptor Maintenance Agreement - 1984 Approved the Metropolitan Waste Control Interceptor Maintenance Agreement, of 1984. 5. Commercial Revenue Note - Hearing Date - St. Paul Business Association Resolution No. 84-4-56 RESOLUTION CALLING fOR A PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING WHEREAS, (a) Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial Development Act (the "Act") gives municipalities the power to issue revenue bonds for the purpose of the encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; (b) The City Council of the City of Maplewood (the "City") has received from St. Paul Business Center, a general partnership organized under the laws of the State of Minnesota (the "Company") a proposal that the City assist in financing a project hereinafter described, through the issuance of its industrial revenue bonds (which may be in the form of a single debt instrument) (the "Bonds") pursuant to the Act; (c) Before proceeding with consideration of the request of the Company it is a necessary for the City to hold a public hearing on the proposal pursuant to Section 474.01; Subdivision 7b, Minnesota Statutes; NOW, THEPEFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minn- esota, as follows: 1. A public hearing on the proposal of the Company will be held at the time and place set forthe in the Notice of Nearing hereto attached. 2. The general nature of the proposal and an estimate of the principal amount of bonds to be issued to finance the proposal are described in the attached form of - 2 - 4/23 .Notice of Hearing. 3. A draft copy of the proposed application to the Energy and Economic Development Authority, State of Minnesota, for approval of the project, together vaith proposed forms of all attachments and exhibits thereto, is on file in the office of the City Clerk. 4. The City Clerk is hereby authorized and directed to cause notice of the hearing to be given one publication in the official newspaper and a newspaper of general cir- culation available in the City, not less than 15 days nor more than 30 days prior to the date fixed for the hearing, substantially in the form of the attached Notice of Public Hearing. Adopted by the City Council of the City of Maplewood, Minnesota, this 23rd day of April, 1984. /s/ John C. Greavu ayor ATTEST: Lucille E. Aurelius /s/ ity er NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT NOTICE is hereby given that the City Council of the City of Maplewood, Minnesota, will meet at the City Hall in the City of Maplewood, Minnesota at o'clock on June 11, 1984, to consider the proposal of St. Paul Business Center, that the City assist in financing a project hereinafter described by the issuance of industrial development revenue bonds. Description of Project The proposed project in the aggregate shall consist of the acquisition of land and the construction of 3 buildings, approximately 90,000 square feet in the aggregate, to be leased as office/service space to various tenants to be initially owned and operated by St. Paul Business Center. $2,900,000 of bonds will be used to finance land and construct 2 buildings with an approximate aggregate square footage of 70,000 square feet, to be located immediately north of the NCR building on Sloan Place. $1,000,000 of bonds will be used to acquire land and construct 1 building vaith an approximate square footage of 20,000 square feet, to be located at the southwest corner of the intersection of Skillman Avenue and McMenemy Street. a The maximum aggregate estimated principal amount of bonds or other obligations to be issued to finance this project is $3,900,000. The project will be initially owned and operated by St. Paul Business Center. The bonds or other obligations if and when issued will not constitute a charge, lien or encumbrance upon any property of the City except the project and such bonds or obligations will not be 'a charge against the City's general credit or taxing powers but will be payable from sums to be paid by St. Paul Business Center pursuant to a revenue agreement. - 3 - 4/23 A draft copy of the proposed application to the Energy and Economic Development Authority, State of Minnesota, for approval of the project, together with all attach- ments and exhibits thereto, is available for public inspection beginning April 24, 1984, from 9:00 o'clock a.m. to 4:30 o'clock p.m., Monday through Friday, at the City Hall in Maplewood, Minnesota. At the time and place fixed for the Public Nearing, the City Council of the City of Maplewood will-give all persons who appear at the hearing an opportunity to express their views with respect to the proposal. Dated this 23rd day of April, 1984. (BY ORDER OF THE CITY COUNCIU By/s/ Lucille Aurelius i y er F. PUBLIC HEARINGS 1. 7:00 P.PQ. Conditional Use Perrnit Revision and Time Extension: Rolling Hills a. Mayor Greavu convened the meeting for a public hearing regarding the request of Richard Pearson to increase the number of permitted mobile home units from 245 to 246; revise the original conditions to require: a) deadline for constructing all required on-site improvements for occupied lots b) prohibit on street parking near intersection and c) require off street parking during .the spring thaw and renewal of the conditional use permit to continue construction of the Rolling Hills Mobile Home Park. b. Manager Evans presented the staff report. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Whitcomb moved the Planning Commission recommend approval of the renewal and revision of the conditional use permit for Rolling Hills mobile horfTer park as outlined in the following resolution: WHEREAS, Richard Pearson has requested a conditional use permit renewal to continue the construction of Rolling Hills mobile home park at the following de- scribed property: The northeast quarter of the southeast quarter of Section 24, Township 29, Range 22 NOW, THEREFORE, BE IT RESOLVED BY THE f+1APLEW00D PLANNING COMMISSION that the above described conditional use permit be renewed, subject to the following con- ,,j ditions: 1. Prior to the spring thaw and until July 1, 1984, improved (gravel or similar material) off-street parking pads shall be provided for each vehicle associated with an occupied unit. Unrestricted emergency vehicle access must be available at all times. 2. By July 1, 1984, the following improvements shall be made for each lot upon which a unit is located, whether or not it is occupied: - 4 - 4/23 a. The street is paved in front of the lot. b. Construction of a paved off-street parking pad at least sixteen feet wide and tvaenty feet deep. c. Installation of all required landscaping (trees, shrubs, berms and sod) for the Ivy and Century Avenue boundaries and for each lot. After July 1, 1984, conditions 3 a-d shall be met prior to issuance of a building permit for any lot, except the sodding and planting of a tree must be completed within thirty days of a lot being occupied, or a letter of credit or cash escrow must be deposited with-the Director of Community Development to ensure installation. If conditions one and two are not met, no additional building permits shall be issued for the park. 3. There shall be no exterior storage of equipment, such as bikes, hoses, lawnmowers, rakes, etc. 4. Each. lot shall be allowed one exterior storage shed for no more than 120 square feet. 5. No access shall be allowed to Century Avenue. 6. No construction or grading shall be allovaed to disturb the tamarack grove. 7. The private sanitary sewer, water mains and streets shall be constructed to be consistent with the Maplewood and. St. Paul Water Utility standards to ensure a reasonable level of service. 8. The private streets must be at least 28 feet in width, with parking on one side-only. No parking shall be permitted in the vicinity of intersections. The Director of Public Safety shall specify the no parking distances for each intersection. Signs shall be posted by the park owner. 9. All utility installations shall be underground. 10. Water lines must be flushed at least once each year or as required by the environmental health officer. 11. All storm water discharge must be directed to the wetland to the west. No connection to the city storm sewer shall be allowed. 12. All mobile homes must be new, skirted and tied down. Skirting shall extend from the frame of the chassis to the ground. Skirting must be painted to match or compliment the mobile home. 13. All tie-downs and foundations must meet the State Building Code. 3 14. The storm shelter must remain free of storaage and available to use. 15. The sign regulations for the R-3 district shall apply. 16. The following minimum setbacks shall apply: a. Twenty feet to a private street b. Thirty feet to a public right-of-way c. Five-foot side.. yard setback on the side opposite the entry d. Twenty-foot side yard setback on the entry side. - 5 - 4/23 17. No structures shall be allovaed in a required setback, except for an accessory building in the twenty-foot side yard setback. Such accessory building must have a side yard setback of at least five feet. 18. Sales of mobile homes shall be limited to those owned by park residehts and those sold by the park owner for placement in the park. 19. The developer shall provide traffic control signs as required by the Director of Public Safety. 20. Compliance with all pertinent state statutes. and/or regulations. 21. No variation shall be permitted from the site plan dated 3-21-83 without Community Design P,eview Board approval. 22. The number of mobile homes shall not exceed 246. 23. This conditional use permit shall be reviewed in one year to determine compliance with conditions and whether a change in conditions is necessary to resolve problems that may have developed. Commissioner Fischer seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Pellish, Sigmundik, Whitcomb." d. Mr. Richard Pearson, 1959 blhite Bear Avenue, the applicant, spoke on behalf of his proposal. e. Councilmember Bastian moved to amend condition No. l4a to read: "Construction on the below grade storm shelter shall begin by May 11, 1984 and shall be completed by June 22, 1984, unless the Director of Public Safety extends the deadline due to circumstances beyond the control of the developer." Seconded by Mayor Greavu: Ayes - all. f. P~layor Greavu called for proponents. None were heard. g. Mayor Greavu called for opponents. None were heard. h. Mayor Greavu closed the public hearing. i. Councilmember Bastian introduced the following resolution and moved its adoption: 34-4-57 WHEREAS, Richard Pearson has requested a conditional use permit renewal to continue the construction of the Rolling Hills Mobile Home Park at the following described property: The Northeast quarter of the Southeast quarter of Section 24, Township 29, Range 22. WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit renewal was requested by Richard Pearson, pursuant to the Maplewood Code of Ordinances. - 6 - 4/23 2. This conditional use permit renewal was reviewed by the Maplewood Planning Commission on March 5, 1984. The Planning Commission recommended to the City Council that said permit be approved. 3. The Maplewood City Council held a public hearing on April 23, 1984 to consider this conditional use permit renewal. 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 considered reports and recommendations fo the Gity Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above described conditional use permit be renewed, subject to the following conditions: 1. Prior to the spring thaw and until July 1, 1984, improved (gravel or similar material) off-street parking pads shall be provided for each vehicle associated with an occupied unit. Unrestricted emergency vehicle access must be available at all times. 2. A mobile home shall not be moved onto a lot after April 23, 1984 until a street is paved in front of the lot. 3. There shall be no exterior storage of equipment, such as bikes, hoses, lawnmowers, rakes, etc. 4. Each lot shall be allowed one exterior storage shed for no more than 120 square feet. Such shed must be kept in workmanlike repair and painted. 5. No access shall be allowed to Century Avenue. 6. No construction or grading shall be allowed to disturb the tamarack grove. 7. The private sanitary sewer, vaater mains and street shall be constructed to be consistent with the Maplewood and St. Paul Water Utility standards to ensure a reasonable level of service. 8. All utility installations shall be underground. 9. The private streets must beat least, 28 feet in width, with parking on one side only. No parking shall be permitted in the vicinity of intersections. The director of public safety shall specify the no parking distances for each intersection. Signs shall be posted by the park owner. 10. Water lines must be flushed at least once each year or as required by the Environmental Health Official. 11. All storm water discharge must be directed to the wetland to the west. No connection to the City storm sewer shall be allowed. 12. All mobile homes must be new, skirted and tied down. Skirting shall extend from the frame of the chassis to the ground. Skirting must be painted to cornplement the mobile home. 13. All tie-downs and foundations must meet the State Building Code. ' 14. a. Construction on the below-grade storm shelter shall begin by Play 11, 1984 and shall be completed by June 22, 1984, unless the Director of Public Safety extends the deadline due to circumstances beyond .the control of the developer. - 7 - 4/23 b. The design of the below-grade structure must be approved by the Director of Emergency Services, including emergency lighting, ventilation and sanitary facilities. c. The above-grade portion of the building must receive approval from the design review board before construction. d. The storm shelter must remain free of storage and available for use. e. No further permits for additional mobile homes shall be issued until the shelter is completed. 15. The sign regulations for the R-3 district shall apply. 16. The following minimum setbacks shall apply: a. Twenty feet to a private street b. Thirty feet to a public right-of-way c. Five-foot side yard setback on the side opposite the entry d. Twenty-foot side yard setback on the entry side 17. PJo structures shall be allowed in a required setback, except for an accessory building in the twenty foot side yard setback. Such accessory. building. must have - a side yard setback of at least five feet. 18. Sales of mobile homes shall be limited to those owned by park residents and those sold by the park owner for placement in the park. 19, The developer shall provide traffic control signs as required by the Director of Public Safety. 20. Compliance with all pertinent State Statutes and/or regulations. 21. Dlo variation shall be permitted from the site plan dated 3-21-83 without Community Design Review Board approval. 22. The number of mobile homes shall not exceed 246. 23. This conditional use permit shall be reviewed in one year to determine compli- ance with conditions and whether a change in conditions is necessary to resolve problems that may have developed. 24. a. After April 23, 1984, the following improvements must be installed within thirty days after a mobile home is placed on a lot-; (i) A paved driveway and off-street parking pad at least sixteen-feet wide and twenty-feet deep f d. (2) A thirty-inch wide sidewalk from the mobile, home entrance to the parking {pad (3) All required landscaping (trees, shrubs, berms and sod); including the perimeter landscaping on Ivy and Century Avenues. If the landscaping cannot be ,completed within thirty days, a letter of credit or cash escrow shall be deposited with the Director of Community Development to ensure installation. b. Improvements (1) through (3) in item 24. a. and paved streets must be installed by July 1, 1984 for all mobile homes placed on a lot prior to April - 8 - 4/23 23, 1984. 25. If -any of the above conditions are not met, no additional mobile homes shall be moved-into the park. Seconded by Councilmember LJasiluk. Ayes - all. 2. 7:15 P.P•1. Plan Arnendment and Rezoning: County Road B and VanDyke a. P1ayor Greavu convened the meeting for a public. hearing regarding the proposal to amend the plan and rezone the property at the northwest corner of VanDyke Street and County Road B. Proposed plan amendment from SC, service commercial and RM residential medium density to LSC 'limited service commercial. Proposed rezone from 6 C business-commercial and R-3 multiple to LBC limited business commercial. b. Manager EVans presented the staff report. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Fischer moved the Planning Commission recommend the City Council - deny the proposed plan amendment. Commissioner Ellefson seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson, Fischer, Pellish, Sigmundik, Whitcomb." Commissioner Fischer moved the Planning Commission recommend the City Council take no rezoning action on the R-3 section until a plat is brought in by the developer. Commissioner Ellefson seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson, Fischer, Pellish, Sigmundik, Whitcomb." d. Mr. Ken Gervais, who holds an option on the property, spoke regarding the proposal. e. Mayor Greavu called for persons who washed to be heard. The following voiced their opinions: _ Mr. George Klein, owner of the property at 2210 White Bear Avenue Mr. Duane Evenson, representing P1rs. Annie Evenson, his mother, stated they wished to have the property remain with the same zoning. f. Mayor Greavu closed the public hearing. g. Mayor Greavu moved that no changes be made in the Land Use designation or the zoning. Seconded by Councilmember Maida.i Ayes - all. 3. 7:30 Street and Alley Vacation: Ripley and Burr a. Mayor Greavu convened the meeting for a public hearing regarding the request of Richard and Gloria LeFebvre, 1358 E. Larpenteur Avenue to vacate the alley •in 61ock 2, Kings Addition to the City of St. Paul; vacate the 140 foot portion of Burr Street lying directly south of Ripley Avenue; vacate Ripley Avenue lying between Burr and Bradley Streets; and vacate Ripley Avenue between Desoto and Burr Streets. - 9 - 4/23 b. Director of Community Development Geoff Olson presented the staff report. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Hejny moved the Planning Commission forward the following resolution to the City Council: WHEREAS, Richard and Gloria Jean LeFebvre initiated proceedings to vacate the public interest in the following described real property, all in Section 17, Town- - ship 29, Range 22: 1. The alley in block three, Kings Addition to the City of St. Paul. 2. Ripley Avenue lying between the o~esterly alignment of Burr Street and Bradley Street. 3. That portion of Burr Street as measured from the southerly alignment of the alley in block three, Kings addition to the City of St. Paul northerly to Ripley Avenue. WHEREAS, the following adjacent properties are affected: 1. Block three, Kings Addition to the City of St. Paul 2.Lots one through four of block five, Kings Addition to the City of St. Paul 3. Subject to streets and easements and except the west 163 feet lying south of the north 30 feet and except the east 163 feet, of the west 489 feet of the south 85 feet of the north 455 feet of the Southwest 1/4 of the Northeast 1/4 of the Southwest 1/4 of Section 17, Township 29, Range 22, Unplatted Lands. 4lI1EREAS, upon vacation of the above described streets and alley, public interest in the property will accrue to the following described abutting properties. NOW, ThIEREFORE, BE IT RESOLVED by the Maplewood Planning Commission that it is in the best interest to grant the above described vacation on the basis of the following findings of fact: 1. Construction of these rights of way for roadway purposes is infeasible. 2. It would be in the public interest. This vacation is subject to: 1. Retaining utility easements over Ripley Avenue, the alley and Burr Street' (south of north line of alley). ~ 2. The applicant granting the owner of 1781 Burr Street+a perpetual driveway easement over Ripley Avenue lying between Burr Street and Bradley Street and over that portion of Burr Street right of way west of the northerly 20 feet of lot six, block three of Kings Addition to the City of St. Paul. Commissioner Robens seconded. Ayes - Commissioners Axdahl, Fischer, Hejny, Larson, 'Pellish, Robens, Sigmundik, Sletten, talhitcomb. The Commission questioned 'f the balance of the propsoed vacations should Walt - 70 - 4/23 until after the plat to the north is finalizej.This may help in obtaining the required access for the plat to the north. Commissioner Pellish moved the Planning Commission recommend-the Council consider this as another method of securing 60 foot access between 1790 and 1822 Desoto for the Twin Oaks plat.. Commissioner 6hitcomb seconded. Ayes - Commissioners Axdahl, Fischer, Hejny, Larson, Pellish, Robens, Sigmundik, Sletten, Whitcomb." d. Mr. Richard LeFebvre, the applicant, spoke on behalf of the proposal. e. P1ayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. The following were heard: Mr. Albert Grenz, 1771 Burr Street Mrs. Mae Wallack, 1773 Burr Street Mr. Richard Olson, 1703 Bradley. _ g. Councilmember Wasiluk moved to table this item until the meeting of May 14, 1984 to allow staff time to roves igate posse a Basemen s. Seconded by Councilmember Anderson. Ayes - all. 4. 7:45 P.M. Rezoning and Preliminary Plat - Twin Oaks a. Mayor Greavu convened the meeting for a public hearing regarding the request of Mr. Thomas Coil to rezone the property south of Roselawn Avenue and west of Edgerton Street from F-farm to R-1 single dwelling and for preliminary plat approval for ten (10) single dwelling lots. b. Director of Community Development Geoff Olson presented the staff report. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Pellish moved the Planning Commission recommend to the City Council that if the park search area south of Roselawn Avenue and east of Desoto Street is deleted from the Comprehensive Plan, alternative A (Bellwood Avenue and Burr Street) for the Twin Oaks Addition preliminary plat should be approved, subject to: 1. The plat shall be revised as necessary so that all lots meet minimum lot re- quirements. 2. The "exception" designation on lot two, block one, shall be removed. 3. The north-south street sha-11 be designated as Burr Street on the final plat. 4. Submission of a developer's agreement and required surety for public improvements for this plat. This agreement shall include requirements for land survey monuments to be located at the corners of each lot and the provision of a temporary cul- de-sac at the south property line for Burr Street. '5. A signed developer's 'agreement must have been received by the City Engineer for the construction of Bellwood Avenue from Edgerton Street to the applicant's east property line or for the construction of a street from Desoto Street to connect with the proposed Burr Street. -11- 4/23 6. City Engineer approval of final grading, utility and drainage plans. 7. Proof that contracts have been entered into with the telephone company and NSP. 8. The accessory structures on the easterly portion of lot two, block one shall be removed before final plat approval. 9. Submission of an erosion control plan, with the final grading plan, that con- siders the recommendations of the Soil Conservation Service. Commissioner Whitcomb seconded. Ayes - Commissioners Axdahl, Fischer, Hejny, Larson, Pellish, Robens, Sigmundik, Sletten, Whitcomb. Commissioner Fischer moved the Planning Commission recommend to the City Council that if Council chooses to retain the park search area, alternative B (Bellwood Avenue as a cul-de-sac) for the Twin Oaks preliminary plat should be approved, subject to the following conditions: 1. A signed developer's agreement must have been received by the City Engineer for the construction of Bellwood Avenue from Edgerton Street to the east property line of this site. 2. Submittal of a developer's agreement with required surety, for the public street, utility, drainage and trail improvements internal to this plat. The agreement shall require land survey monuments to be placed at the corners of each lot and require the construction of the trail at the time that Bellwood Avenue is constructed. 3. A ten-foot wide trail easement shall be dedicated from the Bellwood Avenue cul-de-sac to the south boundary of the plat. The location and design specifications : shall be approved by the Director of Community Services. 4. City Engineer approval of final grading, drainage and utility plans. 5. Proof must he submitted prior to final plat approval that contracts have been . entered into with the telephone company and NSP. h. Submission of an erosion control plan, with the grading plan, which considers the recommendations of the Soil Conservation Service. Commissioner Sigmundik seconded. Ayes - Commissioners Axdahl, Fischer, Hejny, Larson, Pellish, Robens, Sigmundik, Sletten, Whitcomb. Commissioner Whitcomb moved the Planning Commission forward the following resolution to the City Council: j WHEREAS, Thomas Coil initiated a rezoning from F, farm residence to R-1, res- idence district (single dwelling) for the following-described property: The South 1/2 of the South 1/2 of the NW 1/4 of the NE 1/4 of the S4J 1/4 of the E 1/5 acres of the North 1/2 of the South 1/2 of the NW 1/4 of the NE 1/4 of the SW 1/4, all in Section 17, Township 29, P,ange 22, Ramsey County, Minnesota. ' This property is also known as 1858 Desoto Street, Maplewood; - 12 - 4/23 NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD 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 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 Fischer seconded. Ayes - Commissioners Axdahl, Fischer, Hejny, Larson, Pellish, Robens, Sigmun'dik, Sletten, Whitcomb. Commissioner Axdahl moved the Planning Commission indicate to the Council for the alignment of Burr Street, the concept on page 10 of the staff report is prefer- red. The Council should resolve a means of acquisition of a 60 foot easement between 1790 and 1822 Desoto Street to the parcel. Commissioner Pellish seconded. Ayes - Commissioners Axdahl, Fischer, Hejny, Larson, Pellish, 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: Mr. Carl Peterson, 1399 Geneva Mr. Cummings, 1720 Duluth Mr. Arthur Ready, Manager, Forest Lawn Cemetary. e. Mayor Greavu closed the public hearing. f. Councilmember Anderson moved to approve Alternative A for the Twin Oaks prelim- _ inary plat subject to: 1. The plat shall be revised as necessary so that all lots meet minimum dimension requirements. 2. The "exception" designation on lot two, block one, shall be removed. 3. The north-south street shall be designated as Burr Street on the final plat. );a 4. Submission of a developer''s agreement and required surety for public improve- - ments for this plat. This agreement shall include requirements for land survey monuments to be located at the corners of each lot and the provision of a temporary cul-de-sac at the south property line for Burr Street. 5. A signed developer's agreement must have been received by the City Engineer ,for the construction of Bellwood Avenue from Edgerton Street to the applicant's east property line or for the construction of a street from- Desoto Street to connect with the proposed Burr Street. -13- 4/23 6. City Engineer approval of final grading, utility, and drainage plans. 7. Proof that contracts have been entered into with the telephone company and NSP. 8. The accessory structures on the easterly portion of lot two, block one shall be removed before final plat approval. 9. Subrnission of an erosion control plan, with the final grading plan, that con- siders the recomrnendations of the Soil Conservation Service.. Seconded by Councilmember P~aida. Ayes - all. g. .Councilmember Anderson introduced the following resolution and moved its adoption: 84-4-58 WHEREAS;: Thomas Coil initiated a rezoning from F, farm residence to R-1, residence district (single dwelling) for the following-described property: The South 1/2 of the South 1/2 of the NW 1/4 of the NE 1/4 of the Ski 1/4 and the east 1/5 acres of the north 1/2 of the south 1/2 of the NW 1/4 of the NE 1/4 of the SW 1/4, all in Section 17, Tovmship 49, Range 22, Ramsey County,. Minnesota This property is also known as 1858 Desoto Street, Maplewood; WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by Thomas Coil, pursuant to Chapter 36, Article VII of the Paplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Pllanning Comrnission on April 16, 1984. The Planning Comrnission recommended to the City Council that said rezon- ing be approved. 3. The Maplewood City Council held a public hearing on Rpril 23, 19$4 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 recommend- ations 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 code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or fi°oni 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 evill serve the best interests and conveniences of the community, where applicable, and the public welfare. - 14 - 4/23 4. -The proposed change would have no negative effect upon-the logical, efficient, and economical extension of pub}ic services and facilities, such as public water, sewers, police and fire portection and schools. Seconded by Councilmember Plaida. Ayes - all. 5. 8:00 P.M. Conditional Use Permit: Highwood Avenue a. Mayor Greavu convened the meeting for a public hearing regarding the request of MCI/Cellcom Cellular for approval of a conditional use permit for a radio/tel- ephone communications system consisting of a 280 foot tall tower with two small accessory .buildings and eight by terri~Foot building to contain the generator and an eleven by twenty four foot building for equipment to be located orr Highwood Avenue west of Cent us°v Avenue. b. Manager Evans presented the staff report. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Pellish moved the Planning Commission forward the following resolut- ion to the City Council: WHEREAS, MCI/Cellcom Cellular initiated a conditional use permit to erect a radio/telephone communications facility at the following described property: All of lots one (1), five (5), six (6), eight (8), and nine (9), Carver Lots lying northerly of property described in Book 1795; RCR Page 365 and also commencing at the NW corner of the E 1/2 of the E 1/2 of the SE 1/4 of Section 13, Township 28, Range 22 West, of the Fourth Principal Meridian; thence running east on the north line of said 7/4 section 16 rods; thence South parallel with the West line of the E 1/2 of the E 1/2 of said 1/4 section (being the southeast 1/4 of said section) 10 rods; thence west parallel with said North line 16 rods to the West line of said East 1/2 of the East 1/2 of the Southeast 1/4 of said section; thence north 10 rods to the point of beginning and containing one acre of land, more or less; excepting .therefrom the West 64 feet of the West 264 feet of the North 165 feet of the East 1/2 of the Northeast 1/4 of the Southeast 1/4 of said Section 13, Township 28, Range 22, as shown by the records in the Real Estate Division in the office of the Register of Deeds in and for said County and State. And excepting any part of the Government Lot -0ne (1) that lies West of the West 264 feet of the North 165 feet of the East 1/2 of the North l/4 of the Southeast 1/4 of Section 13, Township 28, Range 22 This property is located on Highwood Avenue, west of Century Avenue in Maplewood; NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD PLANNING COMMISSION that the above described conditional use permit be approved on the basis of the following j findings of fact: 1. The use is in conformity with the City's Comprehensive Plan and with the pur- pose and standards of the zoning code. 2. The establishment and 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 F, farm zoning district. - 15 - 4/23 4. 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 interfer- ence 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. 11. The use would provide a convenience for the public. Approval is subject to Council review after the first year of this approval. Commissioner Fischer seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson, Fischer, Pellish,Robens, Sigmundik, Sletten, Whitcomb." d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilmember Bastian introduced the following resolution and moved its adoption: 84-4-59 WHEREAS, MC I/Cellcom Cellular initiated a conditional use permit to erect a radio/telephone communications facility at the following described property: All of lots One (1), Five (5), Six (6), Eight (8), and Nine (9), Carver Lots lying Northerly of property described in Book 1795; RCR Page 365 and also commencing at the NW corner of the E 1/2 of the E 1/2 of the SE 1/4 of Section 13, Township 28, Range 22 West of the Fourth Principal Meridian; thence running East on the North line of said 1/4 Section 16 rods; thence South parallel with the West line of the E 1/2 of the E 1/2 of said 1/4 section (being the Southeast 1/4 of said section) 10 rods; thence West parallel with said North line 16 rods to the West line of said East 1/2 of the East 1%2 of the Southeast 1/4 of said Section; thence North 10 rods to the point of beginning and containing one acre of land, more or less; excepting therefrom the West 64 feet of the West 264 feet of the North .165 feet of the East 1/2-of the Northeast 1/4 of the Southeast 7/4 of said Section 13, Township 28, Range 22, as shown by the records in the Real Estate Division in the office of the Register of Deeds in and for said County and State. And excepting any part of the Government Lot One (1) that lies West of the-West 264 feet of the North 165 feet of the East 1/2 of the North East 1/4 of the South - 16 - 4/23 East 1/4 of Section 13, Township 28, Range 22. This property is located. on Highwood Avenue, west of Century Avenue in Maplewood; WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was initiated by MCI/Cellcom Cellular, pursuant to the Plaplewood Code of Ordinances. 2. This conditional use permit was reveiwed by the Maplewood Planning Commission on 1984. The Planning Commission recommended to the City Council that said permit be approved. 3. The Maplewood City Council held a public hearing on April 23, 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 MAPLEWOOD CITY COUNCIL that the above described conditional use permit be approved on the basis of the following findings of fact: 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 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 F, farm zoning district. 4. 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 runoff, 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 gxcessive 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. 11. The use would provide a convenience for the public. - 17 - 4/23 Approval is subject to Council review after the first year of this approval. Seconded by Councilmember Wasiluk. Ayes - all. AWARD OF BIDS 1. Paramedic Vans a. Manager Evans presented the staff report. b. Councilmember Bastian introduced the following resolution and moved its adoption: 84 - 4 - 6I~? BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Thone Hawkins Chevrolet, 1801 E. County Road F in the arnount of $27,114 was the lowest responsible bid for the purchase of two (2) three-quarter ton wagon/trucks and the proper City Officials are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilmember Maida. Ayes -all. H. UNFINISHED BUSINESS 1. Concealed Weapons (2nd Reading) a. Manager Evans presented the staff report. b. Councilmember Bastian introduced the following ordinance and moved its adoption: ORDINANCE N0.565 AN ORDINANCE AMENDING ARTICLE 4 WEAPONS AND EXPLOSIVES $ECTIOM'20'r'75 _ CONCEALED WEAPONS OF THE MAPLEWOOD CITY CODE THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That the Maplewood City Code of Ordinances is hereby amended by defeating thereof in its present form and entirety Section 20-75 of Article 4 Weapons and Explosives and by substituting in lieu of the same the following: Section 20-75. Prohibited weapons, prohibited acts: It shall be unlawful for any person within the City to possess any device or weapon known as a slungshot, slingshot sand club, metal knuckles, switchblade knife, dagger, stiletto, dirk, blackjack, chain club, pipe club, bowie knife, Molotov cocktail, grenade, throwing star, or similar device. ,;a It shall be unlawful for any person within the City to carry or wear concealed about his person any pistol, BB, air or C02 gun. Section 2. This ordinance shall take effect upon its passage and publication. .Seconded by Councilmember Wasiluk. Ayes - all. - 18 - 4/23 2. Hook 'n Ladder Lounge a. Manager Evans presented the staff report. b. Mr. Dennis Johnson, attorney representing Roger Claussen, owner of the Hook 'n Ladder Lounge spoke on behalf of his client. c. Councilmember Bastian moved to collect $1000.00 from Mr. Claussen in lieu of forfeiture of his bond or t e vio an ono sa e o a co o ~c everage to minors an at t e money e onate o t e as ommunity ami y en er. Seconded by Councilmember Wasiluk. Ayes - all. I. NEW BUSINESS 1. Concordia Arms Crosswalk a. Manager Evans presented a letter and petition requesting better identification of the crosswalk on Lydia Avenue between Concordia Arms and Plaza 3000. Crossing signs on both sides of Lydia Avenue would be appropriate since the crosswalk is at mid-block. It is recommended the City authorize the installation of pedestrian crossing signs on Lydia Avenue at the crosswalk between Concordia Arms and Plaza 3000. b. Mayor Greavu moved to authorize the installation of pedestrian crossing signs on Lydia Avenue at e crosswa a ween oncor is rms an aza Seconded by Councilmember Wasiluk. Ayes - all. 2. Approval of Clinic in an LBC Zone - Cope Avenue a. Manager Evans presented the staff report. b. Councilmember Bastian moved approval of an outpatient surgical center in an LBC Zone as requested by S ui ers to e ocate on t e lout si e o eam venue, east o ennar tree . Seconded by Councilmember Wasiluk. Ayes - all. 3. Code Amendment: Offices and Clinics in LBC Zone a. Manager Evans presented the staff report. b. Councilmember Maida moved first reading of an ordinance amending the code to allow office, clinics, ay care centers an semi ar uses in t e L Zone. Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu; Councilmembers Bastian, Maida and Wasiluk. Nays - Councilmember Anderson. 4. MN DOT Storage Yard - Highavay 36 a. Manager Evans stated the local office of the Minnesota Department of Transpor- ~tation (MnDOT) informed him that they are considering moving the materials off their site on Highway 36. The site is used as a storage area for construction materials. They will consider comments from the City. - 19 - x}/23 b. Councilmember Bastian moved to authorize staff to send a letter to MnDOT, requesting that the materia s on t eir si e on ig way a remove on tie asis t at t ese materia s are an eyesore rom ig way an are not compati e wit - e rest en is neig or oo to t e eas or commercia eve opment on ig way Seconded by Councilmember Maida. Ayes - all. c. Councilmember Bastian moved that a letter be forwarded to MnDOT requesting they donate this land for par purposes.. Seconded by Councilmember Anderson. Ayes - all. 5. District Bike Rodeo a. P1anager Evans presented the staff report. b. Councilmember Bastian moved to approve the request to use the municipal parking _ lot across the street, Wort o ity a to o e istrict i e Ro eo on D1ay rom unti Seconded by Councilmember Maida. Ayes - all. 5. Lend Lease - InT.oxilyzer 5000 a. Manager Evans presented the staff report. b. P1ayor Greavu introduced the following resolution and moved its adoption: 84 - 4 - 61 BE IT RESOLVED that the City of Maplewood enter into an agreement with the State of Minnesota Department of Public Safety, for the foil-owing purpose: To receive from the State of Minnesota, Department of Public Safety, an Intoxilyzer 5000 Breath Test Instrurnent and Breath Alcohol Simulator on a loan basis. The instruments are to be used by law enforcement officers to assist them in the detection of motorists who may be in violation of Plinnesota Statutes Section 169.121, or other Minnesota laws or local ordinances or other law enforcement purposes. BE IT RESOLVED that the City Manager and Chief of Police be and they hereby are authorized to execute such agreement. Seconded by Councilmember Wasiluk. Ayes - all. a 7. Addition to Canine Unit. a. Manager Evans presented the staff report. b. Councilmember Bastian moved to accept the donation of the Bloodhound and to add the dog to the City's anine nit an at t e necessary cos s, traim ng an 'up eep e approve . - 20 - 4/23 Seconded by Councilmember Maida. Ayes - all. J. VISITOR PRESENTATIONS None. K. COUNCIL PRESENTATIONS 1. Letter to Marilyn Galbraith a. Councilmember Anderson moved to send a letter to Marilyn Galbraith thanking her for serving on the Park an ,ecrea,ion omrnission. Seconded by Councilmember Bastian. Ayes - all. 2. Beam Avenue- a. Mayor Greavu questioned if Beam Avenue west of Highway 61 is a private road and if the City plowed snow there. b. City Attorney Kelly stated that the City has provided this service for many years and since it is used by the public the City should continue plowing. the snow. L. ADMINISTRATIVE PRESENTATIONS None. ADJOURNMENT 9:30 P.M. ity er 8 a, - 21 - 4/23