HomeMy WebLinkAbout09.28.87 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, September 28, 1987
Council Chambers, Municipal Building
Meeting No. 87-20
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota, was held in the
Council Chambers, Municipal Building, and was called to order at 7:02 P.M. by
Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
Frances L. Juker, Councilmember Present
Charlotte Wasiluk, Councilmember Present
C. APPROVAL OF MINUTES
1. Meeting No. 87-14 (July 13, 1987)
Councilmember Anderson moved to approve the Minutes of Meeting No. 87-14
July 13, 1987) as submitted.
Seconded by Councilmember Wasiluk. Ayes - all.
2. Fleeting No. 87-15 (July 27, 1987)
Councilmember Wasiluk moved to approve the Minutes of Meeting No. 87-15
July 27, 1987) as submitted.
Seconded by Councilmember Anderson. Ayes - all.
3. Meeting No. 87-19 (September 21, 1987)
Councilmember Juker moved to approve the Minutes of Special Meeting No.
87-19 (September 21, 1987) as submitted.
Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Bastian.
Councilmember Wasiluk abstained.
D. APPROVAL OF AGENDA
Councilmember Anderson moved to approve the Agenda as amended:
1. Highway 120 Development
2. Billboards
3. Petition - 1597 Birmingham Street
4. 694 and County Road D
5. Add E-12, Election Judges
6. Add L-1, Planning Commission Appointment Procedure
Seconded by Councilmember Juker. Ayes - all.
E. CONSENT AGENDA
Councilmember Anderson moved, seconded by Councilmember Juker, Ayey -All to
approve the Consent Agenda, Items 1 through 12 as recommended:
1. Accounts Payable.
Approved the accounts (Part I, Fees, Services, Expenses, Check Register
dated September 15, 1987, through September 23, 1987 - $704,623.05: Part II,
j Payroll dated September 18, 1987, gross amount of $140,577,40) as submitted.
2. Renew - Employee Insurance Contracts
Authorized that the existing one-year contracts for employee insurance be
renewed with Blue Cross/Blue Shield, Group Health, Employee Benefits Plan
and Commercial Life.
3. Time Extension: Crestview Third Addition
Approved a one-year time extension for the remaining unplatted portion of the
Crestview Third Addition preliminary plat, subject to the 10-9-85 conditions
of approval.
4. Time Extension: 2696 Hazelwood (Healtheast)
Approved a two-year time extension for the Hazel Ridge planned unit develop-
ment, subject to the original May 13, 1985 conditions of approval.
5. Final Plat: Lynnwood Terrace
Approved the Lynnwood Terrace final plat subject to the condition that a
signed developer's agreement must be entered into prior to signing the
final plat.
6. Final Plat: Gonyea Oak Heights First Addition
Approved the Gonyea's Oak Heights First Addition final plat.
7. Final Plat: Parkway Terrace
Approved the Parkway Terrace final plat of eight lots fronting on German
Street.
8. Final Plat: Maplewood Knoll
Approved the Maplewood Knoll final plat.
9. Rotary Membership
Authorized the Manager to join the Maplewood Rotary Club.
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10. Final Payment - Cope Water Tank Painting
Resolution No. 87 - 9 - 181
' BE IT RESOLVED BY THE MAPLEWOOD, MINNESOTA CITY COUNCIL that final
payment for the Cope Water Tank painting be made for a total contract
amount of $59,189.00.
11. Final Payment: Bituminous Overlay, Project 87-26
Resolution No. 87 - 9 - 182
BE IT RESOLVED BY THE MAPLEWOOD, MINNESOTA, CITY COUNCIL that final
payment for the bituminous overlay, Project 87-26 be made for a total
contract amount of $125,234.87.
12. Election Judges
Resolution No. 87 - 9 - 183
RESOLVED, that the City Council of Maplewood, Minnesota, accepts the
following list of Election Judges for the 1987 General Election, Tuesday,
November 3, 1987:
Precinct No. 1 Precinct No. 5
Agnes Allen, Chairman Elsie Wiegert, Chairman
Orpha Getty Emma Klebe
Karl Biebighauser Phyllis Erickson
Evelyn Axdahl Annette LaCasse
Irene Ling
Precinct No. 6
Precinct No. 2
Kathy Supan, Chairman
Patricia Thompson, Chairman Gunborg Mowchan
Kathleen Dittel Linda Prigge
Bea Hendricks Judy Widholm
Florence Stella Sandy Jones
Helen Jean Dickson
Precinct No. 7
Precinct No. 3
Margaret Wolszon, Chairman
Barb Leiter, Chairman Betty Haas
Charlene Arbuckle Armella Podgorski
Doris Broady Joan Cottrell
Alice Miller Mildred Burke
Precinct No. 4 Precinct No. 8
Caroline Warner, Chairman Lorraine Fischer, Chairman
Betty Eddy Betty Berglund
Joyce Lipinski Rita Frederickson
Marjory Tooley Mildred Houck
Thelma Ling
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Precinct No. 9 Precinct No. 12
Mary Johnson, Chairman Mary Libhardt, Chairman
Dolores Mallet Debris Fastner
Margaret McDonald Mildred Dehen
Theodore Haas Frances Davidson
Precinct No. 10 Precinct No. 13
Pat Werden, Chairman Jack Arbuckle, Chairman
Richard Lofgren Donald Wiegert
Mary Lou Lieder Gladys Hervig
Diane Golaski Kathy Haynes
Anne Fosburgh
Precinct No. 14
Precinct No. 11
Grace Locke, Chairman
Shirley Luttrell, Chairman Marilyn Wold
Maxine Olson Kathleen Tracy
Delores Lofgren Marjorie Lee
Helen King Elsie Anderson
F. PUBLIC HEARINGS
1. 7:00 P.M., Gonyea's Third Addition
a. Plan Amendment (4 Votes)
b. Street Vacation
c. Preliminary Plat
1. Mayor Greavu convened the meeting for a public hearing regarding
the request of Dennis D. Gonyea for preliminary plat approval for
19 single dwelling lots and vacation of an obsolete portion of
Lakewood Drive right of way. The City is recommending a land use
plan amendment to move the alignment of a planned minor collector
street.
2. Manager McGuire presented the staff report.
3. City Attorney Kelly explained the procedures of the public hearing.
4. Director of Community Development Olson presented the specifics of
the proposal.
5. Director of Public Works presented the plans regarding improvements.
6. Commissioner George Rossbach presented the Planning Commission
recommendation.
7. Mayor Greavu called for persons who wished to be heard for or
against the proposal. The following were heard:
James A. Fisher, 2406 Highwood Avenue
Arnie Esterbrooks, representing Mr. Gonyea
MaryLee Maida, 2322 Highwood Avenue
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8. Mayor Greavu closed the public hearing.
9. Councilmember Anderson introduced the following resolution and moved its
adoption: (Plan Amendment).
87-9-184
WHEREAS, the City of Maplewood initiated an amendment to the
Maplewood Comprehensive Plan to shift the location of a north/south
minor collector or street on the south side of Highwood Avenue from
Schaller Drive to Lakewood Drive.
WHEREAS, the procedural history of this plan amendment is as
follows:
1. The Maplewood Planning Commission held a public hearing on
August 31, 1987, to consider this plan amendment. Notice
thereof was published and mailed pursuant to law. All per-
sons present at said hearing were given an opportunity to
be heard and present written statements. The Planning Com-
mission recommended to the City Council that said plan amend-
ment be approved.
2. The Maplewood City Council considered said plan amendment on
August 31, 1987. The Council considered reports and recommenda-
tions from the Planning Commission and City Staff..
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that
the above-described plan amendment be approved on the basis of the
following findings of fact:
1. The present alignment is inconsistent with the intent of the
Environmental Protection Ordinance to preserve significant
steep slopes wherever practical.
2. An acceptable alternative alignment exists.
Seconded by Mayor Greavu. Ayes - all.
10. Councilmember Anderson introduced the following resolution and moved
- its adoption: (Street Vacation).
87-9-185
WHEREAS, Dennis D. Gonyea initiated proceedings to vacate the
public interest in:
Lakewood Drive street right-of-way lying north of the westerly
extension of the south line of Lot Nine, Block Seven, Pleasant-
view Park No. 2 and south of the westerly extension of the south
line of the north fifteen feet of Lot Five, Block Seven, Plea-
santview Park No. 2.
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WHEREAS, the procedural history of this vacation is as follows:
1. A majority of the owners of property abutting said street
right-of-way have signed a petition for this vacation;
2. This vacation was reviewed by the Planning Commission on
August 31, 1987. The Planning Commission recommended to
the City Council that this vacation be approved.
3. The City Council held a public hearing on September 28,
1987, to consider this vacation. Notice thereof was pub-
lished and mailed pursuant to law. All persons present at
this hearing were given an opportunity to be heard and pre-
sent written statements. The Council also considered re-
ports and recommendations of the City Staff and Planning
Commission.
WHEREAS, upon vacation of the above-described street right-of-
way, public interest in the property will accrue to the following
described abutting properties:
Lots Five through Nine, Block Seven, Pleasantview Park and,
except the north 295 feet, the following part of Lots 1, 5
and 6 lying easterly of a line running from the southwest
corner of the east one-half of said Lot Six to a point on
the north line of and twenty feet from the northwest corner
of said Lot One, Highwood Heights.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that
it is in the public interest to grant the above-described vacation on
the basis of the following findings of fact: ,
1. This right-of-way is obsolete. It was granted before an
area street plan concept was available.
2. Vacation would eliminate the potential of double-f ronting-
lots which are prohibited, unless no other alternative is
available.
This vacation is subject to the retention of the south ten feet
for a storm sewer easement.
Seconded by Gouncilmember Bastian. Ayes - all.
11. Gouncilmember Anderson moved to approve Gonyea's Oak Heights
Third Addition preliminary. plat subject to the following condi-
tions being satisfied before final plat approval:
a. The construction of Lakewood Drive to Highwood Avenue must
be guaranteed.
b. A contract for the water tower must be signed before any
of the lots can be created. A plat may be recorded to dedicate
the right-of-way for Lakewood Drive before the water tower
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construction is guaranteed, but the land on either side of
the right-of-way must be platted as outlots.
c. Contracts must be signed for the construction of sani-
tary sewer from this site to the Metropolitan Waste Control
Commission's trunk sewer in Carver Avenue or to the City of
St. Paul's sewer in McKnight Road.
d. Calculations must be submitted to guarantee that the
proposed ponding easement to the southwest of this site
(required .for phases 1-3) and the pond's outlet will be
adequate. This easement shall be of record before final
plat approval.
e. Final grading, utility, drainage, erosion control and
street plans must be approved by the City Engineer. These
' plans shall include, but not be limited to:
(1) The street plans shall provide for an on-street
trail.
(2) The grading plan shall include a proposed building
pad elevation and contour information for each home
site, as well as the areas to be disturbed for street
construction. Housing styles shall be illustrated which
minimize grading on sites that contain desirable mature
trees and steeper slopes. Deviation from this approved
grading plan for each lot may be permitted by the City
Engineer, provided the intent of the overall grading
plan is complied with.
f. Submittal of a temporary 100-foot-diameter cul-de-sac bulb
easement for the north cul-de-sac.
g. Submittal of a signed developer's agreement with required
surety for all required public streets, utilities, erosion
control and tree replanting, if necessary (see Condition k).
h. The right-of-way for Southcrest Court shall be curved, as
necessary, to the northwest to provide at least 100-feet of
depth between the south property line and the future cul-de-sac
bulb.
i. "Dorland Curve" shall be changed to a name acceptable to the
Director of Public Safety.
j. The east boundary of the plat shall, include the west fifteen
feet of vacated Lakewood Drive right-of-way.
k. A plan, prepared by a qualified expert, shall be submitted
for the removal of diseased trees and any other necessary thin-
ning required for the overall health of remaining trees. This
plan shall include the location, type and size of the mature
trees to be removed due to disease or grading and the mature
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trees that will be retained. The plan shall specify the
location and type of trees to be planted, if required, in
accordance :with the provisions of Section 9-191(5)(b) of
the Environmental Protection Ordinance.
Seconded by MayoY Greavu. Ayes - all.
2. 7:10 P.M., Alley Vacation - Between Fenton, Walter and Gordon
a. Mayor Greavu convened the meeting for a public hearing regarding the
request of John Rawson, Jr., for partial vacation of an unimproved alley
right of way that is located northwest of Gordon Avenue. and Walter Street..
b. Manager McGuire presented the Staff report.
c. Director of Community Development Olson presented the specifics of the
proposal.
d. Commissioner Rossbach presented the Planning Commission recommendation.
e. Mayor Greavu called for proponents. None were heard.
f. Mayor Greavu called for opponents. None were heard.
g. Mayor Greavu closed the public hearing.
h. Councilmember Juker introduced the following resolution and moved its
adoption•
87-9- 186
WHEREAS, John Rawson, Jr. initiated proceedings to vacate the public
interest in the following described right-of-way:
1. The alley right-of-way in Block Four, Lakeside Park, lying
north of the north line of Lots One through Four and the
westerly extension of said line.
2. The alley right-of-way between the easterly extension of the
south line of Lot Twenty and easterly extension of the north
line of Lot Eleven, Block Five, Kavanagh and Dawson's Addition
to Gladstone.
WHEREAS, the procedural history of this vacation is as follows:
1. A majority of the owners of property abutting said alley right-
of-way have signed a petition for this vacation;
2. This vacation was reviewed by the Planning Commission on August
31, 1987. The Planning Commission recommended to the City Council
that this vacation be approved.
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3. The City Council held a public hearing on September 28, 1987, to consider this
vacation. Notice thereof was published and mailed pursuant to law. All persons
present at this hearing were given an opportunity to be heazd and present written
statements. The Council also considered reports and recommendafions of the City
Staff and Planning Commission.
WHEREAS, upon vacation of the above-described alley right-of--way, public interest in
the property will accrue to the following described abutting properties:
1. Lots 1-2Q Block 5, Kavanagh and Dawson's Addifion to Gladstone.
" 2. Lots 1-5, Block 4, Lakeside park
All in Section 16, Township 29, Range 22, Ramsey County.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL
that it is in the public interest to grant the above-described vacation on the basis of the
following fmdings of fact:
1. This right-of--way is the result of obsolete platting that occurred prior to the
establishment of the City. Maplewood's policy has been to vacate alley rights-of--way
whenever possible.
2. This alley does not serve as a access to any of the adjoining properties
3. The grade south of Fenton Avenue is too steep to construct the alley.
This vacation is subject to the retention of a utility easement over the following described
areas:
1. The north ten feet of the alley right-of--way in Block Four, Parkside Addition.
2. The west ten feet of the alley right-of--way in Block Five, Kavanagh and Dawson's
Addition to Gladstone, lying between the easterly extension of the south line of Lot
Twenty and the easterly extension of the north line of the south thirty feet of Lot
Sixteen.
Seconded by Councilmember Anderson. Ayes -all.
3. 7:20 P.M., Southlawn Drive -Beam Avenue to County Road D, City Project 85-17
a. Mayor Greavu convened the meeting for a public heazing regarding the construction of
Southlawn Drive from Beam Avenue to County Road D.
b. Manager McGuire presented the Staff report.
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c. Director of Public Works Haider presented the specifics of the proposal.
d. Mayor Greavu called for proponents and opponents. Te following voiced their opinions:
Robert Hajicek, 1700 E. County Road D
Wayne Beckman, representing Joseph Co.
J. Scott Walters, representing William Korstad
Bob Ringler, Maplewood Holiday Inn (Days Inn)
e. Mayor Greavu closed the public hearing.
£ Mayor Greavu introduced the following resolution and moved its adoption:
87-9-187
WHEREAS, after due notice of public hearing on the construction of street
improvements on Southlawn Drive from Beam Avenue to County Road D a hearing on
said improvement in accordance with the notice duly given was duly held on September
28, 1987, and the Council has heard all persons desiring to be heard on the matter and has
fully considered the same;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA, as follows:
1. That it is advisable, expedient, and necessary that the City of Maplewood
construct street improvements on Phase I of Southlawn Drive from Beam
Avenue to County Road D as described in the notice of heazing thereon, and
orders the same to be made.
2. The City Engineer is designated Engineer for this'improvement and is hereby
directed to prepare final plans and specifications for the making of said
improvement.
Seconded by Councilmember Anderson. Ayes -all.
4. 7:30 P.M., Tax Increment Financing Plan Revision.
a. Mayor Greavu convened the meeting for a public heazing regarding the request to revise
the City's tax increment financing plan to allow the City to spend the tax increment from the
Mainsheet Store and new addition to the Maplewood Mall to several public improvement
projects as listed in the report.
b. Director of Community Development Olson presented the specifics of the proposal.
a Mazy Ippel, bonding consultant, Briggs and Morgan, explained the revisions.
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d. Mayor Greavu called for proponents and opponents. None were heard.
e. Mayor Greavu closed the public hearing.
f. Councilmember Anderson introduced the following resolution and moved its
adoption•
87-9-188
RESOLUTION ENLARGING DEVELOPMENT DISTRICT N0. 1
AND APPROVING THE DEVELOPMENT PROGRAM RELATING THERETO,
AND ADOPTING ECONOMIC DEVELOPMENT DISTRICT N0. 1-2
AND ADOPTING THE TAX INCREMENT FINANCING PLAN
RELATING THERETO
WHEREAS:
A. It has been proposed that the City of Maplewood enlarge Development
District No. 1 and adopt a development program with respect thereto and
create Economic Development District No. 1-2, (the "Tax Increment District")
within Development District No. 1 and adopt a tax increment financing plan
with respect thereto under the provisions of Minnesota Statutes, Sections
469.174 through 469.179 and Sections 469.124 through 469.134 (Collectively
the "Act");
B. The Council has investigated the facts and has caused to be pre-
- pared a development program and tax increment financing plan for Develop-
ment District No. 1, and has caused to be prepared a proposed tax increment
financing plan for the Tax Increment District.
C. The City has performed all actions required by law to be performed
prior to the creation of Development District No. 1 and the Tax Increment
District and the adoption of the proposed development program and tax in-
crement financing plan relating thereto, including, but not limited to,
notification of Ramsey County and Independent School District No. 622 and
Special Intermediate School District No. 916 having taxing jurisdiction
over the property to be included in the Tax Increment Districts, a
review by the City Planning Commission of the proposed Development Pro-
gram for Development District No. 1, and the holding of a public hearing
upon published and mailed notice as required by law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD as follows:
1. Development District No. 1. There is hereby extablished in the
City of Maplewood Development District No. 1, the initial boundaries of
which are fixed and determined as shown on the attached Exhibit A.
2. Development Program. The development program for Development
District No. 1, a copy of which is on file in the office of the City
Manager, is adopted as the Development Program for Development District
No. 1.
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3. Tax Increment District. There is established in the City of
Maplewood within Development District No. 1 a tax increment financing
district to be known as "Economic Development District No. 1-2." If
CPI agrees to subdivide Lot 5, Block 1, Maplewood Mall Addition into
two parcels reflecting the existing Maplewood Mall site and the site
the mall addition will be constructed on, Economic Development District
No. 1'-2 shall have the initial boundaries as shown on the attached
Exhibit B incorporated herein by reference. If CPI does not agree to
subdivide Lot 5, Block 1, Maplewood Mall Addition in the manner described
in the foregoing sentence, Economic Development District No. 1-2 shall
have the initial boundaries as shown on the attached Exhibit C incorporated
herein by reference.
4. Tax Increment Financing Plan. The tax increment financing plan is
adopted as the tax increment financing plan for the Tax Increment Financing
District, and the City Council makes the following findigns:
(a) Economic Development District No. 1-2 is an economic develop-
ment district as defined in Minnesota Statutes, Section 469.174 the
specific basis for such determination being:
Economic Development District No. 1-2 is being created
so that the tax increments derived therefrom can be
used to fund the public improvements set forth in the
developmentr program which will stimulate additional develop-
. ment in Development District No. 1, thereby creating new jobs
and expanding the City's tax base. _
(b) The proposed redevelopment in the opinion of the City Council,
would not occur solely through private investment within the reasonably
foreseeable future and therefore the use of tax increment financing is
deemed necessary.
The reasons supporting this finding are that:
The development activities within Development District
No. 1 to be financed by tax increment financing are not
financeable using traditional methods of municipal fi-
nancing. Private investment will not finance these
development activities because of prohibitive costs. It
is necessary to finance these development activities
through the use of tax increment financing so that other
development by private enterprise will occur within De-
velopment District No. 1.
(c) The tax increment financing plan for the Tax Increment District
conforms to the general plan for development or redevelopment of the
City of Maplewood as a whole.
The reasons for supporting this finding are that:
(i) The Tax Increment District is properly zoned;
(ii) The tax increment financing plan will generally compliment
and serve to implement policies adopted in the City's com-
prehensive plan.
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(d) The tax increment financing plan will afford maximum
opportunity, consistent with the sound needs of the City of
Maplewood as a whole, for the development or redevelopment of
the Tax Increment District by private enterprise.
The reasons supporting this finding are that:
As previously stated the development activities,
consisting of public improvements, to be financed
by tax increment financing are necessary so that
additional commercial development by private enter-
prise can occur within Development District No. 1.
5. Public Purpose. The development program for Development District No. 1
and the adoption of the tax increment financing plan for the Tax Increment
District conforms in all respects to the requirements of the Act and will help
fulfill a need to develop an area of the City which is already built up to pro-
vde employment opportunities to improve the tax base, and to improve the gen-
eral economy of the State and thereby serves a public purpose.
6. Certification. The Auditor of Ramsey County is requested to certify
the original assessed value of the Tax Increment District as described in the
tax increment financing plan, and to certify in each year thereafter the amount
by which the original assessed value has increased or decreased in accordance
with the Act; and the City Manager is authorized and directed to forthwith trans-
mit this request to the County Auditor in such form and content as the Auditor
may specify, together with a list of all properties within the Tax Increment
Districts for which building permits have been issued during the 18 months
immediately precedins; the adoption of this Resolution.
7. Filing. The City Manager is further authorized and directed to file a
copy of the development program and tax increment financing plan for the Tax
Increment District with the Commissioner of Energy and Economic Development.
8. Administration. The administration of Development District No. 1 is
assigned to the City Manager who shall from time to time be granted such powers
and duties pursuant to Minnesota Statutes, Sections 469.130 and 469.131 as the
City Council may deem appropriate.
Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker & Wasiluk
Nay - Councilmember Bastian.
G. AWARD OF BIDS
None.
H. UNFINISHED BUSINESS
1. Keller Parkway (Kathy
a. Floodplan Map Amendment (4 Votes)
b. Variance
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1. Manager McGuire presented the Staff report.
2. Director of Community Development presented the specifics of the
proposal.
3. Cynthia Kath, the applicant, spoke on behalf of her request.
4. Councilmember Bastian introduced the following resolution and moved its
adoption.
87-9-189
WHEREAS, Cynthia Kath initiated a rezoning to amend the August 5,
1986, Flood Ihsurance Rate Map from Zone A to Zone C for a portion of
the following described property:
` Lot Six, Kohlman Division, except the northeasterly tri-
angular part measuring 25 feet on the east line and 208.15
feet on the north line.
WHEREAS, the procedural history of this rezoning is as follows:
1. This rezoning was initiated pursuant to Chapter 36, Article
VII of the Maplewood Code of Ordinances.
2. This rezoning was reviewed by the Maplewood Planning Com-
mission on August 17, 1987. The Planning Commission recom-
mended to the City Council that said rezoning be approved.
3. The Maplewood City Council held a public hearing on September
28, 1987, to consider this rezoning. Notice thereof was pub-
lished and mailed pursuant to law. All persons present at said
hearing were given an opportunity to be heard and present writ-
ten statements. The Council also considered reports and recom-
mendations 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 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 ade-
quately safeguarded.
3. The proposed change will serve the best interests and con-
veniences of the community, where applicable and the public
welfare.
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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.
5. The proposed filling within the 100-year flood plain of
Kohlman Lake will not obstruct flood flows.
Seconded by Mayor Greavu. Ayes - all.
I 5. Councilmember Bastian introduced the following resolution and moved
its adoption:
87-9- 190
WHEREAS, Cynthia Kath applied for a setback variance for the
following-described property:
Lot Six, Kohlman Division, except the northeasterly tri-
angular part measuring 25 feet on the east line and 208.15
feet on the north line.
WHEREAS, section 36-566(c)(2)(b) of the Maplewood Code of
Ordinances requires a minimum building setback of 75 feet from the
Kohlman Lake ordinary high water mark;
WHEREAS, the applicant is proposing 50 feet of setback, requiring
a variance of 25 feet;
WHEREAS, the procedural history of this variance is as follows:
1. This variance was applied for on April 23, 1987.
2. This variance was reviewed by the Maplewood Planning Commis-
sion on August 17, 1987. The Planning Commission recommended
to the City Council that said variance be approved.
3. The Maplewood City Council held a public hearing on September
28, 1987, to consider this variance. tlotice thereof was pub-
lished 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. Strict enforcement of the zoning code would cause undue
hardship because of circumstances unique to the individual
property under consideration, because:
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a. The property cannot be put to a reasonable use under
the conditions allowed by the official controls be-
cause the property is too narrow to permit compliance.
b. The plight of the landowner is due to circumstances
unique to their property, not created by the land-
owner. This property was created before a building
setback was required from the lakeshore.
2. The variance would be in keeping with the spirit and intent
of the ordinance. If approved, the variance would not alter
the essential character of the locality because:
a. Eight existing dwellings are located less than 75
feet from the Kohlman Lake OHWM--three of which have
similar setbacks to that proposed.
` b. This is the last lot of record on this lake that cannot
be put to a reasonable use if this setback requirement
were to be strictly enforced.
c. The vegetation located along the shoreline and on the
northerly two-thirds of this property would not be
disturbed during construction.
Seconded by Councilmember Wasiluk. Ayes - all.
2. Noise Ordinance
a. Manager McGuire presented the Staff report.
b. City Attorney Kelly explained the proposed ordinance.
c. Councilmember Juker moved to table this item until the October 15, 1987
meeting.
Seconded by Councilmember Bastian. Ayes - all.
3. Schedule Meeting, St. Paul Water Department
a. Manager McGuire presented the Staff report.
b. Councilmember Bastian moved to establish Monday, October 19 1987 at
7:00 P.M. to meet with the St. Paul Water Board at Parkside Fire Department.
Seconded by Councilmember Wasiluk. Ayes - Councilmember Bastian and
Wasiluk
Nays - Mayor Greavu, Councilmembers
Anderson and Juker.
Motion failed.
4. Assessment Ordinance - Second Reading
a. Councilmember Anderson introduced the following ordinance and moved
its adoption•
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ORDINANCE N0. 610
AN ORDINANCE
AMENDING THE MAPLEWOOD CODE
RELATING TO
COLLECTING ASSESSMENTS
The Council of the City of Maplewood does hereby ordain as follows:
Section 1.
Chapter 32 of the Maplewood Code is hereby amended by adding the following:
"Sec. 32-18, PARTIAL PRE-PAYMENT OF ASSESSMENT. Whenever any property
owner desires to make partial pre-payment of any assessment to the City
i for improvement, such property owner has the right to make partial pre-
payment of the assessment to the City Clerk at any time within 30 days
after the adoption of the assessment by the City Council."
Seconded by Councilmember Wasiluk. Ayes - all.
I. NEW BUSINESS
1. Land Use Legislation Study
a. Manager McGuire presented the Staff report.
b. Director of Community Development Olson explained the study.
c. No action taken.
2. Estate Lot Rezonings
a. Manager McGuire presented the Staff report.
b. Director of Community Development Olson answered questions from the
Council.
c. No action taken.
3. Reschedule -October 5, Solid Waste Meeting
a. Manager McGuire presented the Staff report.
b. Councilmember Juker moved to reschedule the October 5 1987 Solid
Waste Meeting to October 19, 1987, at 7:00 P.M. at City Hall.
Seconded by Councilmember Wasiluk. Ayes - all.
4. City Hall - H.V.A.C. Modifications
a. Manager McGuire presented the Staff report.
b. Councilmember Bastian moved to authorize a budget transfer of $8,075.00
from the contingency account to install the following modifications to the
City Hall H.V.A.C. System.
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1. Boiler Controls
2. Circulating Pump Controls
3. Modifications to dispatch room
4. Modifications to telephone/electrical room
5. Modifications to upstairs equipment room
Seconded by Councilmember Juker. Ayes - all.
J. VISITOR PRESENTATION
None.
K. COUNCIL PRESENTATIONS
1. Highway 120 Development
a. Councilmember Juker questioned where the storm water run-off was
going to go from the Oakdale storm sewer project.
b. Staff to investigate
2. Billboards
a. Councilmember Bastian questioned why a billboard was placed on the
golf course property at Beam and Highway 61 and now it is being dismantled.
b. Staff to investigate.
3. Petition - 1897 Birmingham
a. Councilmember Anderson stated he had received a petition from the
neighbors of 1897 Birmingham requesting that the house be either brought
up to code or be condemned.
b. Council directed the Manager to instruct the health and building
inspectors to inspect the dwelling.
4. 694 and County Road D
a. Councilmember Anderson commented on the ramps at 694 and County Road D.
L. ADMINISTRATION PRESENTATIONS
1. Planning Commission Appointment Procedures
a. Commissioner George Rossbach explained the procedures.
b. Councilmember Bastian moved to suspend the Rules of Procedures and
approve appointments to the Planning Commission:
Seconded by Councilmember Juker. Ayes - all.
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c. Councilmember Bastian moved to appoint Alichael Ayers and Albert Goins
to the Planning Commission to the balance of the terms vacated by Jeff Hanson
and Dave Whitcomb.
Seconded by Councilmember Juker. Ayes - all.
M. ADJOURNMENT
9:36 P.M.
City Clerk
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