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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. - 2 - 9/28 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 - 3 - 9/28 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 - 4 - 9/28 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. - 5 - 9/28 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 - 6 - 9/28 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 - 7 - 9/28 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. - 8 - 9/28 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. - 9 - 9/28 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. - 10 - 9/28 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. - 11 - 9/28 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. - 12 - 9/28 (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 - 13 - 9/28 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. - 14 - 9/28 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: - 15 - 9/28 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• - 16 - 9/28 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. - 17 - 9/28 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. - 18 - 9/28 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 - 19 - 9/28