HomeMy WebLinkAbout11.08.84MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, November 8, 1984
Council Chambers, Municipal Building
Meeting No. 84 - 24
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council
Chambers, Municipal Building, and was.lcalled to order at 7:OO.P.M._by-Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilperson Present
Gary W. Bastian, Councilperson Present
MaryLee Maids, Councilperson Present
Michael T. Wasiluk, Councilperson Present
C. APPROVAL OF MINUTES
None.
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the agenda as amended:
1. Election and Machines
2. No Smoking
3. Commissioners Party
4. Kennard
5. Gervais - Keller
6. City Manager
7. McKnight Water
8. City Hall
Seconded by Councilperson Wasiluk.
E. CONSENT AGENDA
Mayor Greavu moved, Seconded
Consent Agenda, Items l thro
1. Accounts Payable.
Ayes - all.
- all, to approve the
Approved the accounts (Part I - Fees, Services, Expenses Check Register dated
10 -30 -84 through 11 -02 -84 - $285,595.17; Part II - Payroll dated 11 -02 -84 -
$60,700.69) in the amount of $345,295.86.
2. Budget Transfer - Hydrant Fund.
Approved the following budget transfer to cover repairs on the three water
booster stations:
03- 4910 -60 Contingency to 03- 4470 -60 Repair & Mtn. - $1830.00
Unappropriated Fund Balance to 03- 4470 -60 Repair & Mtn. - $4430.00
11/8
3. Budget Transfer - V.E.M. Fund
Approved the following budget transfer:
Contingency Account 96- 4910 -59 to Repair & Mtn. 96- 4420 -59 - $9,020.00
4• Budget Transfer - Street Maintenance
Approved the following budget transfer:
Signs & Signals Acct. 01- 4220 -52 to Fees for Services 01- 4480 -52 - $2110.00
5. Final Payment - 78 - 10
Resolution No. 84 - 11 - 164
WHEREAS, the City Council of Maplewood, Minnesota has heretofore
ordered made Improvement Project No. 78 -10, Hillwood Drive /Dorland
Road Improvements, and has let a construction contract, therefore, pur-
suant to Minnesota Statutes, Chapter 429, and
WHEREAS, said project has been certified as completed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that the project is completed and final payment on the con-
struction contract is hereby authorized.
6. Final Payment - 81 - 12
Resolution No. 84 - 11 - 165
WHEREAS, the City Council of Maplewood, Minnesota has heretofore
ordered made Improvement Project No. 81 -12, Joint Holloway Avenue
Improvements, and has let a construction contract, therefore, pursuant
to Minnesota Statutes, Chapter 429, and
WHEREAS, said project has been certified as completed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the project is completed and final payment on the con-
struction contract is hereby authorized.
7. Cancellation of Special Assessments - Ramsey County
Resolution No. 84 - 11 - 166
RESOLVED that the special assessments for Project 78 -9 (Frost Avenue
Improvements) together with - penalties and interest for the following
properties be cancelled: (D /P No. 5312)
D/P No. 5312
57 - 01610 - 030 - 25
57 - 01610 - 020 - 63
D/P No. 53¢3
57 - 01610 - 020 - 63
$32,385.60
13,348.68
$ 149.31
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Budget Transfer - Police
Approved the budget transfer from Police Service Account 01- 4420 -42 to
Civil Service Account 01- 4480 -05 in the amount of $1,000.00 to cover
the cost of Civil Service testing for new police officers.
Budget Transfer - Emergency Services
Approved the budget transfer of $1400.00 from City Hall Telephone System
Allocation to Civil Defense Emergency Services Account 01- 4430 -12.
Time Extension - Schwichtenberg
Approved a one -year extension for the Schwichtenberg 2nd Addition preliminary
plat subject to the original conditions.
Renewal of Off -Sale Liquor Licenses for 1985.
Resolution No. 84 - 11 - 167
RESOLVED, by the City Council of the City of Maplewood, Ramsey County,
Minnesota, that the following Off -Sale Liquor Licenses having been previously
duly issued by this Council, are hereby approved for renewal for one year,
effective January 1, 1985, with approvals granted herein subject to satisfactory
results of required Police, Fire and Health inspections:
C & G Liquors
1347 Frost Avenue
J & R Liquors
2730 Stillwater Road
Laber Liquors
1730 Rice Street
Maplewood 'Vine Cellar
1231 Frost Avenue
Party Time Liquors
1740 Van Dyke Avenue
Red Wagon Liquors
2290 Maplewood Drive
Sarrack's International Wines & Spirits
2305 Stillwater Road
Spark Liquors
3000 White Bear Avenue
12. Renewal of On -Sale Liquor Licenses for 1985.
Resolution No. 84 - 11 - 168
RESOLVED, by the City Council of the City of Maplewood, Ramsey County,
Minnesota, that the following On -Sale Liquor Licenses having been previously
duly issued by this Council, are hereby approved for renewal for one year,
effective January 1, 1985, with approval granted herein subject to satisfactory
results of required Police, "Fire and Health inspections.
Bali Hai Restaurant
2305 White Bear Avenue
Chicone's Bar & Cafe, Inc.
2289 E. Minnehaha
Keller Lake Clubhouse
2166 Maplewood Drive
Bernard's
3035 White Bear Avenue
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Dean's, Inc.
1986 Rice Street
Esteban's of Maplewood, Inc.
3069 White Bear Avenue
Fox & Hounds
1734 Adolphus
Garrity's
1696 White Bear Avenue
Gulden's, Inc.
2999 N. Highway 61
Holiday Inn of Maplewood
1780 E. County Road D
Hook 'n Ladder
2280 Maplewood Drive
Hideaway
70 E. County Road B.
Maplewood Moose Lodge #963
1946 English Street
(Club License)
13. Rehearing of Mogren Landscaping IDR
Resolution No. 84 - 11 - 169
WHEREAS,
LeBistro Cafe
1146 -48 Maplewood Mall
Maple Wheel Lounge
2220 White Bear Avenue
Maplewood Bowl
1955 English
Northernaire Motel, Inc.
2441 Highway 61
Red Lobster
2925 White Bear Avenue
Red Rooster
2029 Woodlyn
Town Crier
1829 North St. Paul Road
Chuck E. Cheese's Pizza Time Theatre
2950 White Bear Avenue
(Beer and Wine License)
(a) Chapter 474, Minnesota Statutes, known as the Minnesota
Municipal Industrial Development Act (the "Act ") gives municipali-
ties the power to issue revenue bonds for the purpose of the en-
couragement 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 2960 Associates, a general partnership to be
organized under the laws of the State of Minnesota with Gerald C.
Mogren, Robert C. Mogren and Lee Clintsman as general partners
amd others to be named (the "Company ") a proposal that the City
assist in financing a pvoject 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 necessary for the City to hold a public hearing
on the proposal pursuant to Section 474.01, Subdivision 7b,
Minnesota Statutes;'
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood,
Minnesota, as follows:
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1. A public hearing on the proposal of the Company will be held at
the time and place set forth in the Notice of Hearing 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 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 with proposed forms of all attachments and exhibits thereto, is on
file in the office of the City Clerk.
4. The actions of the City Clerk is causing notice of the public hearing
and in describing the general nature of the Project and estimating the
principal amount of the Revenue Bonds to be issued to finance the Project
and in preparing a draft of the proposed application to the Authority,
for approval of the Project are in all respects ratified and confirmed.
Adopted by the City Council of the City of Maplewood, Minnesota, this 8th
day of November, 1984.
ATTEST:
City Clerk
Mayor
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 7:20 P.M. on November 26, 1984, to consider the proposal of 2960 Associates,
a Minnesota general partnership to be formed with Gerald C. Mogren, Robert
C. Mogren and Lee Clintsman as general partners and others to be named (the
"Company "), that the City assist in financing a project hereinafter described
by the issuance of industrial development revenue bonds.
Description of Project
The proposed project shall consist of the acquisition of land
and the construction and equipping thereon of an approximately
15,000 square,foot office building to be located on the East side
of White Bear Avenue between Lydia Avenue and Beam Avenue directly
North of the Maplewood East Shopping Center in Maplewood.
The maximum aggregate estimated principal amount of bonds or other obli-
gations to be issued to finance this project is $1,200,000. The project will
be initially owned and operated by the Company and leased to Edina Realty.
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
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City's general credit or taxing powers but will be payable from sums
to be paid by the Company pursuant to a revenue agreement.
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 attachments and exhibits thereto, is available for
public inspection from 9:00 a.m. to 5:00 p.m., Monday through Friday,
at the City Hall in Maplewood, Minnesota.
At the time and place fixed for the Public Hearing, 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.
(BY ORDER OF THE CITY COUNCIL)
By /s/ Lucille Aurelius
City Clerk
14. Health Care Maintenance Account Plan
Approved the Health Care Maintenance Account Plan document as submitted for
filing with the State Labor Department.
I. NEW BUSINESS
1. Hearing Date: County Road B and Van Dyke
a. Manager Evans presented the staff report,
b. Mayor Greavu moved to concur with the Planning Commission and deny a
unless a formal application is submitted,
Seconded by Councilmember Maida
2. Building Permits
Ayes - Mayor Greavu, Councilmembers
Anderson, Bastian and Maida.
Nay - Councilmember Wasiluk
a. Director of Community Development Geoff Olson presented the staff report
with the following recommendation:
1. Take no action in regard to exempting types of construction from
a permit, on the basis that:
a. The city if obligated to enforce the building code without
modification. Ailowing an illegal exemption may create
liability for the city and defeats the purpose of having a
uniform code.
2. Exempting a minimal dollar valuation may allow structural
changes to be made, even though minor, that should be in-
spected.
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c. Repair and minor remodeling will generally not effect
property taxes.
d. Permit fees for minor construction are minimal.
e. A permit allows us to make sure the contractor is licensed.
This is a protection for the homeowner.
II. Revise the fee schedule to exempt a permit fee for the first or
second layer of shingles, trim and siding, on the basis that the city
does not make inspections for this work and, therefore, a fee is not
justified.
b. Councilmember Bastian moved to refer the report to the H.R.A. before taking
any action.
Seconded by Councilmember Anderson, Ayes - all.
F. PUBLIC HEARINGS
1_ 7:10 P.M. Rezoning: 1717 -41 Edgerton
a. Mayor Greavu convened the meeting for a public hearing regarding the
proposal to rezone 1717 -1741 Edgerton from BC (Business - Commercial) to
R-1 (single dwelling).
b. Manager Evans presented the staff report.
c. Commissioner Dennis Larson presented the Planning Commission report.
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 Maids introduced the 'following resolution and moved its adoption:
84 - 11 - 170
WHEREAS, the City of Maplewood initiated a rezoning from BC, business
commercial to R -1, residence district (single dwelling) for the following -
described property:
Lots 1 through 6, Block 8, King's Addition to the City of St. Paul
This property is also known as 1717, 1731, 1737 and 1741 Edgerton Street,
Maplewood;
WHEREAS, the procedural history of this rezoning is as follows:
1. This rezoning was initiated by the City of Maplewood, pursuant to
Chapter 36, Article VTT of the Maplewood Code of Ordinances.
2. This rezoning was reviewed by the Maplewood Planning Commission
on October 15, 1984, The planning commission recommended to the city
council that said rezoning be approved.
- 7 - 11/8
3. The proposed change will serve the best interests and convenien-
ces of the community, where applicable and the public welfare.
4• The proposed change would have no negative effect upon the logical,
efficient, and economical extension of public services and facilities,
such as public water, sewers, police and fire protection and schools.
Seconded by Councilmember Anderson. Ayes - all.
I. NEW BUSINESS (Continued)
3. E. Mississippi Watershed Management Organization.
a. Director of Public Wroks stated the Watershed Management Organization
(WMO) in the southern part of town has been proceeding through the
approval process. The State has requested some changes in the original
proposal.
1. Change the name to the East Mississippi WMO.
2. Accept the existing boundary of the Ramsey Washington Metro
Watershed District as the north boundary of the new WMO.
3• Accept the existing boundary of the Cottage Grove Ravine
Watershed District as the east boundary of the new WMO.
These changes to the original council approved agreement are of little
consequence and are therefore recommended for approval.
It should also be noted that the city council should designate two
individuals to serve as members of the WMO Board.
b. Councilmember Bastian introduced the following resolution and moved its
adoption:
84 - 11 - 171
RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA
1. The new watershed management organization in southern
Maplewood be named The East Mississippi Watershed Manage-
ment Organization.
2. The existing Ramsey Washington Metro Watershed District boundary
be accepted as the north boundary of the East Mississippi WMO.
3• The existing Cottage Grove Ravine Watershed District boundary
be accepted as the east boundary of the East Mississippi WMO.
Seconded by Councilmember Wasiluk. Ayes - all.
F. PUBLIC HEARINGS (Continued)
2. 7:20 P.M. Conditional Use Permit - 1960 Clarence.
a. Mayor Greavu convened the meeting for a public hearing regarding the
request of Mr. Elwood Lyng for a conditional use permit to expand the
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single dwelling use of property located in an area zoned for LBC,
Limited Business Commercial, use at 1960 Clarence Street by con-
structing a 24 x 26 foot residential garage.
b. Manager Evans presented the staff report.
C. Commissioner Dennis Larson presented the Planning Commission report.
d. Mayor Greavu asked if anyone wished to be heard, for or against, the
proposal. The following were heard:
Mrs. Karen Mastel, 1960 Ide St. wishes the property to remain
as LBC.
The resident, Elwood Lyng, 1942 Ide St. asked questions:
Mrs. Donna Funk, The Gladstone House, expressed her concerns if
the property was rezoned.
e. Mayor Greavu closed the public hearing.
f. Councilmember Maida introduced the following resolution and moved its
adoption:
84 - 11 - 172
WHEREAS, Elwood Lyng initiated a conditional use permit to expand the
nonconforming single- dwelling use at the following- described property:
Lots 4, 5 and 6, Block 11, Gladstone Addition, Section 15, Town-
ship 29, Range 22
This property is also known as 1960 Clarence Street, Maplewood;
WHEREAS, the procedural history of this conditional use permit is as
follows:
1. This conditional use permit was initiated by Elwood Lyng,
pursuant to the Maplewood Code of Ordinances.
2. This conditional use permit was reviewed by the Maplewood Planning
Commission on October 15, 1984. The planning commission recommended
to the city council that said permit be approved.
3. The Maplewood City Council held a public hearing on November 8, 1984.
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 not in with the city's comprehensive plan
but it is consistent with the purpose and standards of this chapter
because construction of the requested garage would not discourage
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the conversion of this single - dwelling site to the planned
commercial use.
2. The use would be located, designed, maintained and operated
to be compatible with the character of that zoning district
because the other structures in this zoning district are
residential uses.
3• The establishment or maintenance of the use would not be detri-
mental to the public health, safety or general welfare.
4. The use would not depreciate property values.
5. The use would not be hazardous, detrimental or disturbing to
present and potential surrounding land uses, due to the 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 shall not create traffic congestion, unsafe
access or parking needs that will cause undue burden to the
area properties.
7. The use would be serviced 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.
Seconded by Mayor Greavu. byes - Mayor Greavu, Councilmembers
Anderson, Bastian and Maids.
Nay - Councilmember Wasiluk
g. Councilmember Bastian moved to postpone indefinitely the proposal to rezone
the properties on.Ide Street.
Seconded by Councilmember Wasiluk. Ayes - all.
3• 7:30 P.M., Variance - 743 North Century
a. Mayor Greavu convened the meeting for a public hearing regarding the
request of Raymond Muckala, owner of Tn "N" Out Market for a five -foot
canopy setback variance.
b. Manager Evans presented the staff report.
- 10 - 11/8
c. The Community Design Review Board report was presented.
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 Maida introduced the following resolution and moved its
adoption:
84 - 11 - 173
WHEREAS, Raymond Muckala applied for a variance for the following- described
property:
Lots 15, 16 and 17, Block 1, Cahanes Addition
This property is also known as 743 N. Century Avenue, Maplewood;
WHEREAS, Section 36 -158 (n) of the Maplewood Code of Ordinances requires
parking spaces to be located to the side or rear of the principal structure;
WHEREAS, the applicant is proposing to retain the existing parking
spaces in front of his store requiring a variance;
WHEREAS, the procedural history of this variance is as follows:
1. This variance was applied for on September 10, 1984.
2. This variance was reviewed by the Maplewood Community Design Review
Board on September 25, 1984. The board recommended to the city council
that said variance be approved.
3. The Maplewood City Council held a public hearing on November 8, 1984,
to consider this variance. 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 variance be approved on the basis of the following findings
of fact:
1. The spirit and intent of the ordinance would be met since view
of the pumps by the-attendant inside the building would be un-
obstructed.
2. A hardship would be created since there is no other convenient
place for the store customers to park.
Approval is subject to:
a. Striping of the parking spaces in front of the In "N" Out Market.
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b. Posting a "no parking" sign, painting the curb yellow or any
other means acceptable to the city that would prohibit parking
on the easterly side of the south half of the building.
Seconded by Councilmember Anderson. Ayes - all.
h. Councilmember Maida introduced the following resolution and moved its
adoption:
84 - 11 - 173A
WHEREAS, Raymond Muckala applied for a variance for the following- described
property:
Lots 15, 16 and 17, Block 1, Cahanes Addition
This property is also known as 743 N. Century Avenue, Maplewood;
WHEREAS, section 36 -158 (a) of the Maplewood Code of Ordinances requires
that overhead canopies maintain at least a ten foot setback from public right -
of way;
WHEREAS, the applicant is proposing a five foot setback, requiring a
variance of five feet;
WHEREAS, the procedural history of this variance is as follows:
1. This variance was applied for on September 10, 1984•
2. This variance was reviewed by the Maplewood Community Design
Review Board on September 25, 1984. The board recommended to the
City Council that said variance be approved..
3• The Maplewood City Council held a public hearing on November 8,
1984, to consider this variance. 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 state-
ments. 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 variance be approved on the basis of the following findings
of fact:
1. A ten -foot setback would create a hardship of traffic circulation
problems between the building and the cars at the pumps.
2. The spirit and intent of the ordinance would be met since the
canopy would not look overly close to Century Avenue, due to the
adjacent A and W canopy already being that close to the right -of-
way.
Seconded by Councilmember Anderson. Ayes - all.
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G. AWARD OF BIDS
None.
H. UNFINISHED BUSINESS
1. Reconsideration: PUD Revision - Sterling Glen
a. Councilmember Bastian moved to remove the item from the
table for Council.
F M4I
Seconded by Councilmember Maida. Ayes - all.
Following discussion, Councilmember Anderson moved to continue with the
agenda.
Seconded by Councilmember Bastian. Ayes - None.
b. Councilmember Wasiluk moved to
use permit for the Maple -Green
a study and to also issue a mo
um
Seconded by Councilmember Anderson.
Nays - All.
the request to revise the conditional
c. Councilmember Bastian moved to reconsider the
Ayes - Mayor Greavu, Council-
members Anderson,
Bastian and Wasiluk.
Nay - Councilmember Maida.
motion.
Seconded by Councilmember Anderson. Dyes - all.
d. Councilmember Bastian moved to suspend the Rules of Procedures and discuss
the matter at hand.
Seconded by Councilmember Anderson. Ayes - all.
e. Councilmember Anderson introduced the following resolution and moved its
adoption:
8 - 11 - 174
WHEREAS, Castle Design and Development initiated a revision to the
conditional use permit of the table Greens planned unit development at the
following- described property:
Block one and lots one through 26, Block two, Sterling Glen
Addition, Section 25, Township 29, Range 22.
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WHEREAS, the procedural history of this conditional use permit is as
follows:
1. This conditional use permit was initiated by Castle Design and
Development, pursuant to the Maplewood Code of Ordinances.
2. This conditional use permit was reviewed by the Maplewood Plan-
ning Commission on September 17, 1984. The planning commission rec-
commended to the City Council that the permit be approved with con-
ditions.
3. The Maplewood City Council held a public hearing on October 8, 1984.
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.
Said action on approval or denial was tabled.
4. The Maplewood City Council voted to reconsider their action of
the previous Council Meeting of October 8, 1984, and the City
Council then discussed approval or denial of the revision to the
conditional use permit of Maplegreens Planning and Development,
taking into consideration all testimony, written statements,
reports and recommendations of the City Staff and Planning Com-
mission at the previous public hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE MMLEWOOD CITY COUNCIL that the
above described conditional use permit revision be denied 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 this chapter,
2. The establishment or maintenance of the use would be detrimental
to the public health, safety and general welfare.
3. The use as located, designed, maintained and operated is not
compatable with the character of the zoning district. The zoning
district in this particular area is single family homes.
4. The proposed use of apartment rentals is not compatable with the
district. Apartment rentals adduced from testimony and evidence
given at the hearing increase the density by way of population,
and traffic control. The use would have a direct impact by way
of density for the areas present lack of recreational area, parks,
and schools.
5, The evidence presented at the hearings indicate that homes and
townhouses in the area would depreciate in value. The Anoka City
Report submitted by staff was created for purposes of the City of
Anoka and not the City of Maplewood. The City of Maplewood's present
demographic and population questions are different and separate from
the City of Anoka, Evidence was presented by a substantial number of
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property owners that the proposed revision would definately depreciate
the surrounding property of property values. Said evidence was not
contradicted by any other testimony.
6. The use would be hazardous, detrimental or disturbing to the present
and potential surrounding land uses, due to the noises, glare, smoke,
dust, odor, fumes, water pollution, water run -off, and vibration.
The surrounding areas are established single family residential units:
a. The area of the proposed revision has a high water table and
the surrounding area of Beaver Lake presently has a water
drainage problem. According to the testimony given at the
public hearings the use would further constitute problems
with respect to water run -off. In addition problems with
respect to water pollution as to the proposed use would in-
crease water run -off and water problems due to the area for
proposed parking and increased surfaced areas.
7. Evidence was presented at the public hearings as a desire to pre-
serve the openness of the single family residential area. The
proposed plan for the revision of the conditional use permit lacks
sufficient buffers and greenery to preserve the character of the
residential area. The lack of a buffer of greenery and open space
adversely affects the surrounding area due to the proposed use which
increases density, noises, pollution, glare, water run -off and water
pollution.
8. The use would generate increase in vehicular traffic on local streets
and shall create traffic congestion, unsafe access or parking needs
that will cause undue burden to the area porperties. Testimony de-
rived at hearing indicated an increase of vehicular traffic on resi-
dential streets and create unsafe conditions concerning the residen-
tial character of the neighborhood. Evidence was presented at the
hearings concerning the safety of the residential neighborhood
children and their use of the residential streets. Evidence was also
presented concerning ingress and egress to and from the proposed use
with increased volumes on residential streets.
9. The present use of the subject property is properly serviced by
essential public services such as streets, police, fire protection,
utilities.
10. Proposed use would create excessive additional requirements at public
cost for public facilities and services; and would be detrimental to
the welfare of the city. The proposed use would require increase
for utilities specifically water facilities and proper drainage.
11. The use would incorporate the site's natural and scenic features
into the development design. No testimony was offered with respect
to the preservation of the environment preservation of the area.
Testimony was offered concerning the high water tables of the area
which might have a direct influence on the water run -off from the
proposed use and influencing pollution of the site's natural and
scenic features.
Seconded by Councilmember Wasiluk
Ayes - ?kyor Greavu, Councilmembers
Anderson, Bastian and Wasiluk.
Nay - Councilmember Waida.
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f. Councilmember Bastian moved that Council initiate a
of the land uses in the area of Stillwater. MCKnif'h
ve consideration to calling a
Seconded by Councilmember Anderson. Ayes - all.
2. Reconsideration: Appendix E
a. Mr. Greg Schmidt, Castle Design and Development, spoke on behalf of
repealing Appendix E.
b. Fire Marshal Al Schadt and Assistant Fire Marshal Jim Embertson, explained
the necessity of keeping Appendix E.
c. No action taken.
d. Councilmember Bastian moved that to adopt the policy that any amendments
to the Building Code be studied by H.R.A.
Seconded by Councilmember Wasiluk. Ayes - all.
3. Code Amendment: M -1 District
a. Manager Evans presented the staff report.
b. Councilmember Maida introduced the following ordinance and moved its adoption:
ORDINANCE NO. 575
AN ORDINANCE REVISING AND UPDATING THE 11-1 DISTRICT
THE MAPLEWOOD CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.: Division 9 is hereby amended as follows (additions are underlined
and deletions are crossed out):
DIVISION 9. 11 -1 LIGHT MANUFACTURING DISTRICT
Sec. 36 -186. Permitted uses.
The following uses are permitted in the M-1 District provided that,
no use which is noxious or hazardous shall be permitted.
(a) Any use listed as a permitted use in a BC Business and Commercial
District, if the property is not designated for LSC Limited Service Com-
mercial or RM Residential Medium density use on the city's comprehensive
(b) Wholesale business establishments.
(c) (El- Custom shop for making articles or products sold at Fetall on
the premises.
(d) �e� Plumbing, heating, air conditioning, glazing, painting, paper-
-16 - 11/8
hanging, roofing, ventilating and electrical contractors, blacksmith
shop, carpentry, soldering &Rd or welding shop.
(e) � €� Printer's shop.
(f) �g� Seaustepeial Place of amusement, recreation or assembly.
(g) �h- Bottling establishment.
(h) �i) Manufacturing, assembly or processing of: as- €e1lows.
(I) Canvas and canvas products.
(II) Clothing and other textile products;-
(III) Electrical equipment, appliances and supplies, aaaaa €aet�lpe
aed- aseexbiy- e €;- aet- iae }xdiagT except heavy electrical
machinery.
(IV) Food products, except meat, poultry aad or fish.
(V) Jewelry, clocks or watches.
(VI) Leather products3-ixeiediag-taggage-and-ehees-
(VII) Medical, dental or drafting equipment, optical goods.
(VIII) Musical instruments.
(TX) Perfumes, pharmaceutical products, eeapexxdiag -e€ rubber
products and synthetic treated fabrics, aet- iaelading
gabber- ead- synthetie- g�eeeeeixg-
(X) Small products from the following previously prepared materials:
Cork, feathers, felt, fur, glass, hair, horn, paper, plastics or
shells.
(XI) Sporting goods.
(XII) �Xi4 -Tool, dye and pattern making, aad or similar small machine shops.
(XIII) �Xii� Wood products7- ixeiadiag- €upRitape- and- beHee-
(i) E4� Carpet and rug cleaning.
(j) �k� Laundry, dry cleaning or dyeing plant.
(k) X14 Laboratory, research, experimental axid or testing.
(1)
(m) (n-) School
(n) �9� Warehouse
(o) Accessory use on the same lot with and customarily incidental to any
of the above permitted uses, including an apartment for security purposes.
-17 - 11/S
(Code 1965, s 909.010; Ord. No. 395, 0 1, 5- 13 -76; Ord. No. 556, § 1. 12- 12 -83)
Sec. 36 -187. Conditional uses.
(a) The following uses are permitted in an M -1 District subsequent to
approval of a conditional use'iDetmit:
(1) Used car lot.
(2) Yard for the
use listed as a
Commercial or
comurehensive
sale or distribution of ice, coal, fuel oil
ar materials. Junk, salvage or wrecking ya
rmitted use in a BC Business Commercial
on the city- s
(Q) Any use of the same character as a permitted use in Section 36 -186.
(5) Trucking yard or terminal.
(b) No building or exterior use, except parking, shall be erected, altered
or conducted within two hundred feet of a residential district without a
conditional use permit.
Sec. 36 -188. Area and design requirements.
(a) A complete plot plan showing the buildings and surrounding land
areas of the entire project for any 141 -1 Light Manufacturing District
must be submitted to the city council for approval.
(b) A complete set of building plans and specifications, and waste
disposal and water supply plans must accompany the plot plan.
(c) The city council may submit these plans for consideration and
recommendation to the planning commission..
(d) Area, design and setback requirements must be such as to establish
a Light Tanufacturing District which will best serve the general
welfare and benefit of the entire city. (Code 1965, S 909.030)
Sec. 36 -189. Side and rear yard setbacks adjacent to residentially -zoned
property.
The minimum side and rear yard setbacks shall be fifty (50) feet and the
minimum front yard setback shall be thirty (30) feet.
a These minimum required setbacks shall be increased, not to exceed
seventy -five (75) feet, subject to the most restrictive of the following
requirements:
(1) Building height: The building setbacks shall be increased two (2)
feet for each one foot the building exceeds twenty -five (25) feet in
height.
- 18 - 1118
(2) Exterior wall area: Where an exterior wall faces a residentially
zoned property, the wall setback shall be increased five (5) feet
for each one thousand (1,000) square feet, or part thereof, in excess
of two thousand (2,000) square feet. (Ord1No.529, 9 9, 11- 22 -82)
See--36- 199.--- Sead�t�exie� -aae-
EThe- €eliewiag -uses- ere -germ} tied- is- a -AI - } -Light -- Akaax €aetxr!ag- D�stpiet
aubeequeat- te- aev} ew- aad- epgresei- e €- a- egeeiei- xee- ge�mita -)
Sec. �6 -191 36 -190 -- 36 -200. Reserved.
Section 2.: This ordinance shall take effect upon its passage and publication.
Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu, Councilmembers
Anderson, Maida and Wasiluk.
Nay - Councilmember Bastian.
I. NEW BUSINESS (Continued)
4. Lake Overflow
a. Manager Evans presented the staff report.
- 18A - 11/8
b. Councilmember Bastian introduced the following resolution and moved its
adoption:
84 - 11 - 175
WHEREAS, surface waters originating within the cities of Falcon Heights,
Little Canada, Maplewood, North St. Paul, Oakdale, Roseville, St. Paul,
Vadnais Heights and White Bear Lake (Cities) flow into Beaver, Phalen, Como
and McCarron's Lakes (Lakes); and
WHEREAS, from time to time overflow waters from the Lakes enter into the
metropolitan disposal system, using system (interceptor) capacity otherwise
available for sanitary sewage; and
WHEREAS, in determining sewage treatment charges, the Metropolitan Waste
Control Commission (MWCC) includes such overflows when determining the
proportion of the total volume of sewage discharged into the metropolitan
disposal system allocable to each of the Cities; and
WHEREAS, the Cities, Metropolitan Council and TWCC desire to establish
an effective and efficient method of managing lake overflows; and
WHEREAS, at the urging of the Metropolitan Council, the Mayors' Lake
Overflow Task Force was established by the Cities in December 1981, to plan
for effective management of the lake overflows; and
WHEREAS, the Mayors' Lake Overflow Task Force in turn established the Lake
Overflow Technical Advisory Committee, comprised of staff from the Cities,
Metropolitan Council and MWCC, to evaluate alternatives for issues associated
with the lake overflows; and
WHEREAS, the Technical Advisory Committee did evaluate alternatives and
developed a program for addressing the overflows from Beaver, Phalen, Como
and McCarron's Lakes; and
WHEREAS, the City of Maplewood supports the program developed by the
Technical Advisory Committee, and desires that the program be implemented in
an expeditious, cost - effective manner.
NOW, THEREFORE, BE IT RESOLVED:
1_. That the City of Maplewood adopts the recommendations of the
Technical Advisory Committee dated September 27, 1984.
2. That the City of Maplewood states that it will actively support
the implementation of the solution to the lake overflow expressed
in the recommendations dated September 27, 1984.
Seconded by Councilmember Anderson. Ayes - all
5. Reqeust for Waiver of P.A.C. Charges (Ramsey County)
a. Manager Evans presented staff report.
b. Council took no action.
-19 - 11 /$
c. Councilmember Bastian moved to invite Hal
to attend any meetings that concern Ramse
Seconded by Councilmember Wasiluk. Ayes - all.
6. Tax Increment District - Joseph Co.
a. Manager Evans presented the staff report.
County Commissioner
b. Mrs. Mary Ippel, Briggs and Morgan, explained the allocation of increment
tax financing district.
c. Mr. Clyde Fish, Grant Realty, also spoke regarding the increment tax
financing district and the proposed plan for the development.
d. Council established a meeting with Bondings Consultant Mary Tppel to
discuss tax increment financing on November 29, 1984, at 7:00 P.M. in
the Conference Room.
e. Council will meet with the architect to go over plans for the new city
hall at 5:00 P.M., November 15, 1984, at City Hall.
7. Resignations: Planning Commission
Civil Service
Park and Recreation Commission
a. Planning Commission:
1. Councilmember Bastian introduced the following resolutions and moved
their adoption:
84 - 11 - 176
WHEREAS, Joseph Pellish has been a member of the Planning Commission of
Maplewood, Minnesota, since February 26, 1976, and has served faithfully in
that capacity to the present time; and
WHEREAS, the planning commission recognizes his experience, leadership,
and good judgment; and
WHEREAS, he has freely given of his time and energy, without compensation,
for the betterment of the City of Maplewood; and
WHEREAS, he has shown sincere dedication to his duties and has consistently
contributed his leadership, time and effort for the benefit of the city.
NOW, THEREFORE, BE TT HEREBY RESOLVED for and on behalf of the City of
Maplewood, Minnesota, and its citizens, that Joseph Pellish is hereby extended
our heartfelt gratitude and appreciation for his dedicated service and we wish
him continued success in the future.
Seconded by Mayor Greavu.
b. Civil Service.
Ayes - all.
1. Councilmember Bastian introduced the following resolution and moved its
adoption:
-20 - 1118
84 -11 -177
WHEREAS, William F. Mikiska has been a member of the Civil Service Com-
mission of Maplewood, Minnesota, since September 6, 1979, and has served
faithfully in that capacity to the present time; and
WHEREAS, the Civil Service Commission recognizes his experience,
leadership and good judgment; and
WHEREAS, he has freely given of his time and energy, without compensation,
for the betterment of the City of Maplewood; and
WHEREAS, he has shown sincere dedication to his duties and has consistently
contributed his leadership, time and effort for the benefit of the city.
NOW, THEREFORE, BE IT HEREBY RESOLVED for and on behalf of the City of
Maplewood, Minnesota, and its citizens, that William F. Mikiska is hereby ex-
tended out heartfelt gratitude and appreciation for his dedicated service and
we wish him continued success in the future.
Seconded by Mayor Greavu. Ayes - all.
c. Park and Recreation Commission:
1. Councilmember Bastian introduced the following resolution and moved
its adoption:
84 - 11 - 178
WHEREAS, Dean Sherburne has been a member of the Park and Recreation
Commission of Maplewood, Minnesota, since February, 1979, and has served
faithfully in that capacity to the present time; and
WHEREAS, the Park and Recreation Commission recognizes his experience,
leadership and good judgment; and
WHEREAS, he has freely given of his time and energy, without compensa-
tion, for the betterment of the City of Maplewood; and
WHEREAS, he has shown sincere dedication to his duties and has consistently
contributed his leadership, time and effort for the benefit of the city.
NOW, THEREFORE, BE IT HEREBY RESOLVED for and on behalf of the City of
Maplewood, Minnesota, and its citizens, that Dean Sherburne is hereby ex-
tended our heartfelt gratitpde and appreciation for his dedicated service and
we wish him continued success in the future.
Seconded by Mayor Greavu. Ayes - all.
d. Councilmember Bastian requested the Maplewood Review and Focus to advertise
for applicants to fill the vacancies on the various boards and commissions.
Seconded by Mayor Greavu.
Ayes - all,
- 21 - 11/8
S. Natural Heritage Program
,mow
a. Councilmember Ma.ida moved to remove Item I -8 from the Agenda.
Seconded by Councilmember Anderson. Ayes - all.
J. VISITOR PRESENTATIONS.
None.
K. COUNCIL PRESENTATIONS.
1. Elections and Machines
a. Councilmember Wasiluk requested the matter of additional voting machines
be placed on some future agenda. Precinct 8 has only 2 machines and should
have more.
b. Staff stated they are researching a new type of voting device.
2. No Smoking.
a. Councilmember Wasiluk requested that the question of "No Smoking" at
Council meetings be placed on the Agenda.
3. Commissioner's Party.
a. Councilmember Anderson questioned the progress of the proposed party.
b. Staff stated it will be held some time in January.
4. Gervais - Keller Lake
a. Councilmember Bastian asked what is being constructed in the Gervais-
Keller Lake. There are cranes at the site and a platform being built,
b. Staff stated the construction is for the sewer interceptor.
5. City Manager
a. Item deleted from Agenda.
6. McKnight Water
a. Mayor Greavu questioned the progress of McKnight improvements.
b. Staff will contact Ramsey County.
L. ADMINISTRATIVE PRESENTATION
- ,_None
M. ADJOURNMENT.
10 :25 P.M.
City Clerk
22 11 Est