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HomeMy WebLinkAbout02.27.89 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, February 27, 1989 Council Chambers, Municipal Building Meeting No. 89 - 5 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 7:03 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 George F. Rossbach, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes of Meeting No. 88-27 (November 14, 1988) Councilmember Bastian moved that the Minutes of Meeting No. 88-27 (November 14 1988) be approved as corrected: Page 1 - Roll Call Norman Anderson-Absent Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Bastian, Juker and Rossbach Councilmember Anderson abstained. D. APPROVAL OF AGENDA Councilmember Bastian moved to approve the Agenda as amended; 1. Water Department 2. Recycling 3. Community Arts Center 4. Mining Permits 5. R-1 Zoning 6. R-3 Zoning 7. Schedule to View Video of Council Meeting 8. Schedule Staff Conferences Meetings Seconded by Councilmember Juker. Ayes - all. E. CONSENT AGENDA Council removed Item E-4 to become Item I-9. 2/27 - _ Councilmember Anderson moved, seconded by Councilmember Rossbach, Ayes - Mayor Gre_avu, Councilmembers Anderson, Juker, and Rossbach• Nay - Councilmember Bastian to approve the Consent Agenda, Items 1 through 3, and S through 8 as recommended. 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 264,462.95 Checks #8741 - #8798 Dated 02-01-89 thru 02-15-89 $ 134,186.15 Checks #5731 - #5855 Dated 02-27-89 $ 398,649.08 Total per attached voucher/check register PAYROLL: _ $ 166,269.53 Payroll Checks $ 32,060.64 Payroll Deductions $ 198,330.17 Total Payroll $ 596,979.25 GRAND TOTAL 2. Time Extension: Gervais Overlook Preliminary Plat Approved a one-year time extension for Block One and Lots One through Eleven, Block Two of the Gervais Overlook preliminary plat. 3. Ordinance Providing Workers Compensation Coverage For Elected Officials (2nd Reading) ORDINANCE N0. 639 AN ORDINANCE PROVIDING WORKERS COMPENSATION COVERAGE FOR ELECTED OFFICIALS OF THE CITY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 2-27 of the Maplewood Code of Ordinances is to read as follows: 2-27. Pursuant to Minnesota Statutes Section 176.011, Subdivision 9, Clause 5, the elected officials of the City are hereby included in the coverage of the Minnesota Workers Compensation Act. Section 2. This ordinance shall take effect and be in force from and after its passage and. publication as provided by law. 4. Application For Cancellation of Ambulance Bill Discussed as Item I-9. - 2 - 2/27 5. Budget Transfer For N.E.S.T. Costs Approved a budget transfer from the General Fund Contingency Account in the amount of $3,550 for continued participation in N.E.S.T. 6. Grading and Water Main on Sterling Street (Project 87-45 ) Acceptance of Project Resolution 84 - 2 - 19 WHEREAS, the City Manager for the City of Maplewood has determined that grading and water. main to elevated storage tank on Sterling Street, City Project 87-45 is complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNE- SOTA, that City Project 85-45 is complete and maintenance of these improve- ments is accepted by the City. Release of any retainage or escrow is hereby authorized. 7. Signal System Painting - Budget Transfer Approved a budget transfer of $6,000 from the street construction state aid fund to the general fund account 101-506-4330. 8. Plan Approval - McKnight Road, Phase III, Project 87-OS Resolution 89 - 2 - 20 WHEREAS, the Commissioner of Transportation for the State of Minnesota has prepared: plans, special provisions, and specifications for the improve- ment of Trunk Highway No. 45, renumbered as Trunk Highway No. 5, within the corporate limits of the City of Maplewood, located on McKnight Rd. from Conway Avenue to 1200 Feet north of Stillwater Road; and seeks the approval thereof; NOW, THEN BE IT RESOLVED that said plans and special provisions for the improvement of said Trunk Highway within said corporate limits of the City, be and hereby are approved including the elevations and grades as shown and consent is hereby given to any and all changes in grade occasioned by said construction. BE IT FURTHER RESOLVED that the City does hereby agree to require the parking of all vehicles, if such parking is permitted within the corporate limits of said City, on said Trunk Highway, to be parallel with the curb adjacent to the highway, and at least 20 feet from any crosswalks on all public streets intersecting said trunk highway. F. PUBLIC HEARINGS 1. 7:00 P.M., Beam Avenue, Trunk Highway 61 - County Road D (4 Votes) Project 88-12 a. Mayor Greavu convened the meeting for a public hearing on the construc- t tion of 44-foot wide bituminous street with concrete curb and gutter, utilities, storm sewer, and appurtenances on Beam Avenue from 450 feet west of T.H. 61 to County Road D, City Project 88-12. - 3 - 2/27 b. Manager Michael McGuire presented the Staff report. c. Assistant City Engineer Bruce Irish explained the specifics of the proposal. d. Mayor Greavu called for persons who wished to heard either for or against the project. The following were heard: Patrick Keene, 1190 Beam Avenue Michael Hawkes, 2957 Frank Street Janice Hawkes, 2957 Frank Street Duane Stolp, 1134 E. County Road D Frank Frattalone and Bruce Mogren, the developers Robert Alexander, 1190 Beam Avenue Harvey Zuercher, 2097 N. Highway 61 e. Mayor Greavu closed the public hearing. f. Councilmember Rossbach moved to table the ordering of the Project until March 13. Seconded by Councilmember Bastian. Ayes - all. 2. 7:10 P.M., Carey Heights Drive - Project 88-09 (4 Votes) a. Mayor Greavu convened the meeting for a public hearing on the construction of 32-foot wide bituminous street with concrete curb and gutter, utilities and appurtenances on Carey Heights Drive and Frank Street from Kohlman Lake Overlook plat to County Road D, City Project 88-09. b. Manager McGuire presented the Staff report. c. Assistant City Engineer Irish explained the specifics of the proposal. d. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following were heard: Lee Burnett, who spoke on behalf of Mr. and Mrs. T. Carey, 1174 E. County Road D Duane Stolp, 1134 E. County Road D Karen Stolp, 1134 E. County Road D e. Mayor Greavu closed the public hearing. f. Councilmember Anderson introduced the following resolution and moved its adoption• 89-2- 21 WHEREAS, after due notice of public hearing on the construction of 32- foot wide bituminous street with concrete curb and gutter, utilities and appurtenances on Carey Heights Drive and Frank Street from Kohlman Lake - 4 - 2/27 Overlook plat to County Road D, City Project 88-09, a hearing on said improvement in accordance with the notice duly given was duly held on February 27, 1989, 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 32 foot wide bituminous street with concrete curb and gutter, utilities, and appurtenances on Carey Heights Drive and Frank Street from Kohlman Lake Overlook plat to County Road D, City Project 88-09, as described in the notice of hearing thereof, 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 Mayor Greavu. Ayes - all. 3. 7:20 P.M., Variance: Crestview Drive - Schlangen a. Mayor Greavu convened the meeting for a public hearing for a variance of a 20-foot setback from the ordinary high water mark of Battle Creek. Code requires a 50-foot setback; 30 feet is proposed. b. Manager McGuire presented the Staff report. c. Director of Community Development Geoff Olson explained the specifics of the proposal. d. Mayor Greavu called for persons who wished to tie heard for or against the proposal. The following were heard: Ron Schlangen, 6617 Buckingham Road, Woodbury, Minnesota e. Mayor Greavu closed the public hearing. f. Councilmember Rossbach introduced the following resolution and moved its adoption: 89-2-22 WHEREAS, Ronald N. and Kathleen T. Schlangen applied for a variance for the following-described property: Lot 5 and part of Lot 4, Heckeroth Second Addition; WHEREAS, Section 36-566 (2) (b) of the Maplewood Code of Ordinances requires that single dwellings have at least a 5.0-foot setback from the Battle Creek ordinary high water mark; WHEREAS, the applicant is proposing a 30-foot setback, requiring a variance of 20 feet; - 5 - 2/27 WHEREAS, the procedural history of this variance is as follows: 1. This variance was applied for on September 21, 1988. 2. This variance was reviewed by the Maplewood Planning Commission on February 6, 1989. The Planning Commission recommended to the City Council that said variance be approved. 3. The Maplewood City Council held a public hearing on February 27, 1989, 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. Strict enforcement of the code would cause undue hardship because the storm sewer easement on the westerly side of the site prevents the house from being placed in such a manner to meet all setback requirements. 2. The variance would be in keeping with the spirit and intent of the ordinance since all conditions would be required to be met relative to erosion control, water quality management, building grade place- ment and tree replacement. Prior to obtaining a building permit, the applicant shall submit the following plans for approval by the City Engineer:' a. A detailed grading and drainage plan indicating existing and proposed grades. The elevation of the lowest floor shall not be lower than 918. b. A detailed water management and erosion control plan indicating the proposed procedure for construction and showing how the slope would be stabilized during construction. c. A tree replacement plan indicating the replacement of trees to a density of ten trees per acre. Seconded by Councilmember Anderson. Ayes - all. 4. 7:30 P.M., Rezoning: 2811 White Bear Avenue (4 Votes) a. Mayor Greavu convened the meeting for a public hearing for the rezoning of the southwest corner of Radatz and White Bear Avenue from F, farm resi- dence, to LBC, limited business commercial. - 6 - 2/27 b. Manager McGuire presented the Staff report.. c. Director of Community Development Olson explained the specifics of the proposal. d. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following were heard: Don Schoenberger, 382 Hawes Ave., Vadnais Heights, representing his mother, Ester Schoenberger e. Mayor Greavu closed the public hearing. f. Councilmember Anderson introduced the following resolution and moved its adoption• 89-2- 23 WHEREAS, the City of Maplewood initiated a rezoning from F to LBC for the following-described property: Ex W 1685 feet the N 200 feet of SW 1/4 S of Radatz Ave. and West of White Bear Avenue in Section 2 Tn 29 Rn 22 This property is also known as 2811 White Bear Avenue, 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 VII of the Maplewood Code of Ordinances. !i 2. This rezoning was reviewed by the Maplewood Planning Commission on January 12, 1989. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on February 27, 1989, to consider this rezoning. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The council also considered reports and recommendations of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above-described rezoning be approved on the basis of the following findings of fact: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safe- guarded. - 7 - 2/27 3. The proposed change will serve the best interests and conveniences of the community, where applicable and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facili- ties, such as public water, sewers, police and fire protection and schools. Seconded by Councilmember Juker. Ayes - all. 5. 7:40 P.M., Conditional Use Permit: Roselawn Avenue - St. Paul Water Utility a. Mayor Greavu convened the meeting for a public hearing regarding the request of the St. Paul Board of Water Commissioners for a conditional use permit to remove up to 130,000 cubic yards of spent lime per year over a five-year period. b. Manager McGuire presented the Staff report. c. Assistant City Engineer Irish explained the specifics of the proposal. d. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following were heard: Roger Moore, representing the St. Paul Water Board located at 1900 North Rice Street Steve Letheran, 193 E. Mount Vernon Brian McCuen, 91 E. Skillman Caroline Peterson, 1999 Jackson, representing the Advisory Committee Tom Mogren, General Manager of the Water Utility Bud Swanson, 155 E. Skillman LeRoy Betts, 2030 W. Eldridge, owner of L. B. Amusement City, 1870 Rice Street Bill Langman, 94 E. Roselawn Clarence Osen, 50 E. Roselawn e. Mayor Greavu closed the public hearing. f. Councilmember Bastian introduced the following resolution and moved its adoption• 89-2-24 WHEREAS, St. Paul Board of Water Commissioners initiated a conditional use permit for material extraction and hauling at the following-described property: The east 1/2 of the northwest 1/4 lying east of the St. Paul Water Works and the northwest 1/4 of the northeast 1/4 lying south of the St. Paul Water Works, Section 18, Township 29, Range 22. And the north 130 feet of the southwest 1/4 of the northeast 1/4, and the north 270 feet of the east 442.68 feet of the southwest 1/4 of the northeast 1/4, Section 18, township 29, Range 22. The North 900 feet of the northeast 1/4 of the northeast 1/4 lying west of Highway 10-62. - 8 - 2/27 A strip of land 60 feet wide adjacent, parallel and to the east of the present right-of-way belonging to said Board of Water Commis- sioners lying the northwest 1.4 of northeast 1/4 and in the Northeast 1/4 of Northwest 1/4 and in the North 1/2 of southeast 1/4 of northwest 1/4 of Section 18, Township 29, Range 22, and a strip of land 65 feet wide, adjacent, parallel, and to the east of the present right-of-way, lying in the south 1/2 of southeast 1/4 of northwest 1/4 of said Section 18, Township 29, Range 22. A strip of land 100 feet wide over and across (from northeasterly to the southwesterly course) the west 1/2 of the northeast 1/4, and the east 1/2 of the northwest 1/4 of Section 18, Township 29, Range 22, according to U.S. survey thereof. Being a strip of land 50 feet in width on each side of the conduit line as adopted by the board of Water Commissioners of said City of Saint Paul. That part of County Road B from the west line of McMenemy to the east line of St. Paul Water Works right-of-way. And that part of Roselawn Avenue from the west line of Highway 10-62 to the East line of Minneapolis-St. Paul Saulte Ste. Marie. That part of County Road B 800 feet east of Rice Street to 100 feet west of Desoto Street. WHEREAS, the Maplewood City Council held a public hearing to consider this revision on February 27, 1989. 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 fol- lowing 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 not be detrimental to the health, safety, or general welfare. 3. The use would be located, designed, maintained, and operated to be compatible with the character of that zoning district. 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 runoff, 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 proper- . ties. - 9 - 2/27 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. Approval is subject to the following conditions: 1. Compliance with Article X, material extraction and hauling ordinance. 2. Adherence to the site plans for dike construction and screening. 3. The top of any dike shall be at or below Elevation 895 MSL. 4. Dike construction shall be accomplished starting on the north and proceeding southerly. 5. Installation of the screening shall begin before or concurrently with any other work. 6. Noise from any equipment, machines, or other activity is permitted from 7:00 A.M. to 5:00 P.M., Monday through Friday. No noise is permitted on Saturday, Sunday, or legal holidays. 7. Dust shall be controlled on and off-the site utilizing the following techniques or whatever other measure may be appropriate to avoid a nuisance: a. Sweep paved areas on and off site with a pick-up type sweeper on a regular basis. b. Unpaved roads shall be oiled or treated with a wetting agent such as calcium chloride as needed to control dust. c. Other dust control measures may be employed for specific activities. 8. Conduct a particulate monitoring program of long duration to establish background levels prior to commencing operations and continuing monitor throughout the time there is activity on the site. The results of this program will be made available for review on a regular basis. If specific questions arise con- cerning this program the utility, at their expense, will contract with an independent testing firm to verify results. - 10 - 2/27 9. The utility shall engage an independent testing £irm to conduct - a vibration monitoring program. This program shall establish background vibration levels, recommend reasonable vibration standards based on accepted industry criteria, and monitor vibration during activities on the site to insure compliance. 10. The utility shall provide a contact person or persons that has the authority to resolve problems and is available to address citizen concerns. 11. All written material and plans submitted with the utility's application are part of the permit unless specifically altered by these conditions. 12. The applicant shall prepare a landscape design plan for the entire site surrounding Sandy Lake and present it to the advisory council ' for its review and comment. The plan will include an implementation schedule which shall begin in 1990. 13. The water utility shall maintain and repair, when necessary, the landscape wall, fill and plantings. Any plantings dying on appli- cant's property shall be replaced. Plantings on neighboring private property shall be replaced if they die within two years of the planting. 14. Condition 10 will be brought back before the Council in an effort to work out between the City Attorneys on the damage clause which would be reviewed by Council. Seconded by Councilmember Anderson. Ayes - all. Mayor Greavu recessed the meeting at 10:05 P.M. Mayor Greavu reconvened the meeting at 10:15 P:M. 6. 7:50 P.M., Street Vacation: Cope Avenue and Duluth Street (4 Votes For Recommendation 2) a. Mayor Greavu convened the meeting for a public hearing regarding the request of Peter J. Schmelz to vacate the Cope Avenue right-of-way between the west right-of-way line of Atlantic Street and the center line of Duluth Street, and the unimproved northerly 127 feet of the East half of the Duluth Street right-of-way, south of the south right-of-way line of Cope Avenue. b. Manager McGuire presented the Staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following were heard: - 11 - 2/27 John Schmelz, representing Peter Schmelz, owner of the property Gary Gehrke, 1252 Cope Avenue e. Mayor Greavu closed the public hearing. f. Councilmember Anderson introduced the following resolution and moved its adoption• 89-2- 25 W1IEttF.AS, Peter J. Schmelz initiated proceedings to vacate the public interest in the following-described property: The South thirty feet of the West 110 feet of Block 14 and the South thirty feet of the East thirty feet of Block 15 of the unimproved Cope Avenue right-of-way, and the North 157 feet of the East thirty feet of the East 255 feet of Block 10 of the duluth Street right-of- way. WHEREAS, the procedural history of this vacation is as follows: 1, A majority of the onwers of property abutting said street have signed a petition for this vacation; 2. This vacation was reviewed by the Planning Commission on February 6, 1989. The Planning Commission recommended to the City Council that this vacation be approved. 3. The City Council held a public hearing on February 27, 1989, 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 heard and present written statements The Council also considered reports. and reocmmendations of the City Staff and Planning Commission. WHEREAS, upon vacation of the above-described street right-of-ways, public interest in the property will accrue to the following-described abutting properties: Subject to easements the following West 110 ft. of Blocks 14 and 17 and East 240 feet of Blocks 15 and 16. Part of FOL tracts SEly of Hwys. 36 and 61 Ex S 100 ft. part of SW 1/4 N of Co Rd B part of SE 1/4 W of Clifton Addn. S of L 107 ft N of S L of Blk 15 Sd Add extended and N of Heinemann's Belleview and in Clifton Add. Ex E 240 ft Blks 15 and 16 and Ex E 255 ft Block 10 also the W 225 ft of E 255 ft of N 30 ft of Blk 10 Ex N 30 ft & Ex S 174 ft the W 225 ft of E 255 ft of Block 10, all in Clifton Addition, Ramsey County, Minnesota. 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. The City has no plans to improve these streets. - 12 - 2/27 2. The adjoining properties have adequate street access. 3. These street segments are not needed for area traffic circulation or emergency vehicle access. 4. The properties can be better maintained and used if returned to private ownership. This vacation is subject to the retention of the South thirty feet of the West 110 feet of Block 14 and the South thirty feet of the East thirty feet of Block 15 and the North 157 feet of the East thirty feet. of the East 255 feet of Block 10, all in Clifton Addition. Seconded by Councilmember Rossbach. Ayes - all. g. Councilmember Anderson introduced the following resolution and moved its adoption• 89-2- 26 WHEREAS, the City of Maplewood initiated proceedings to vacate the public interest in the following-described property: The Cope Avenue right-of-way between the west right-of-way line of Atlantic Street and the center line of Duluth Street, and the unimproved northerly 127 feet of the East half of the Duluth Street right-of-way, south of the south right-of-way line of Cope Avenue. WHEREAS, the procedural history of this vacation is as follows: 1. This vacation was reviewed by the Planning Commission on February 6, 1989. The Planning-Commission recommended to the City Council that this vacation be approved. 2. The City Council held a public hearing on February 27, 1989, 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 heard and present written statements. The council also considered reports and recom- mendations of the City Staff and Planning commission. WHEREAS, upon vacation of the above-described street vacation, public interest in the property will accrue to the following-described abutting properties: The east 290 feet of west 400 feet of Blocks 14 and 17. Subject to roads the south 200 feet of east 260 feet of Block 14. North 1/2 o£ vacated alley adjacent and Lots 16 through 30, Block 11. All in Clifton Addition, Ramsey County, Minnesota. 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. The City has no plans to improve these streets. 2. The adjoining properties have adequate street access. 3. These street segments are not needed for area traffic circulation or emergency vehicle access. _ 13 - _ 4. The properties can be better maintained and used if returned to private ownership. This vacation is subject to the following: a. Retention of a utility easement over the north 45 feet of the Cope Avenue right-of-way between the west right- of-way line of Atlantic Street and the center line of Duluth Street. b. Retention of a utility easement over the westerly fifteen feet of the east half of the. northerly 127 feet of the Duluth Street right-of-way, south of the south right-of- way line for Cope Avenue. Seconded by Councilmember Rossbach. Ayes - all. 7. 8:00 P.M., Code Amendment: Zoning Initiation (2nd Reading - 4 Votes) ' a. Mayor Greavu convened the meeting for a public hearing regarding an amendment to the zoning code that would delete the requirement for a petition of surrounding property owners to apply for an amendment to the zoning codes, including rezonings. b. Manager McGuire presented the Staff report. c. Director of Community Development explained the specifics of the proposal. d. Mayor Greavu called for proponents and opponents. None were heard. e. Mayor Greavu closed the public hearing. f. Councilmember Anderson introduced the following Ordinance and moved its adoption• ORDINANCE N0. 640 AN ORDINANCE CONCERNING THE PETITION REQUIREMENTS FOR A REZONING THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 1. Sections 36-481 and 36-482 are amended as follows: Section 36-481. Initiating - Generally. An amendment to this chapter, including an amendment to the zoning map, may be initiated by the City Council, the Planning Commission, the City Staff or by petition of affected property owners, who are hereby defined to be the owners of the property to be rezoned. An amendment not initiated by the Planning Commission shall be referred to the Plan- ning Commission for study and report and may not be acted upon by the City Council until it has received the recommendation of the Planning Commission on the proposed amendment or until sixty (60) days have elapsed from the date of reference of the amendment without a report by the Planning Commission. (Code 1965, Subsections 915.010, 915.020; Ord.. No. 238, Subsection 4, 4-18-68). - 1Z, - 2/27 Section 36-482. Same - Petition of affected property owners. The Director of Community Development shall, upon petition of the owners of the property to be rezoned, fix a date for a hearing. Such petition shall be accompanied by an abstractor's certificate showing the names and addresses of all property owners within three hundred fifty (350) feet of the property to be rezoned. The petition and cer- tificate shall be filed with the Director of Community Development and shall be accompanied by a completed application form and payment of a fee to defray the expenses of advertising, public hearing and other expenses incurred by the City in the handling of the petition.. The amount of such fee shall be imposed, set, established and fixed by the City Council, by resolution, from time to time. (Code 1965, Subsection 915.010). Section 2. This ordinance shall take effect upon its passage and publication. Seconded by Mayor Greavu. Ayes - all. G. AWARD OF BIDS 1. Gervais Avenue, English Street to Mn. Dot Driveway (Project 88-14) a. Manager McGuire presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 89-2- 27 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Danner, Inc., in the amount of $285,243.10 is the lowest responsible bid for the construction of Gervais Avenue from English Street to Mn/Dot Driveway, City Project 88-14, and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilmember Juker. Ayes - all. H. UNFINISHED BUSINESS 1. Conditional Use Permit or Rezoning: County Road D (Maple Knoll Apts.) a. Manager McGuire presented the Staff report. b. Community Development Director Olson explained the specifics of the proposal. c. Public Safety Director Ken Collins reported to Council regarding the safety hazards of the intersection. d. Mayor Greavu introduced the following resolution and moved its adoption: - 15 - 2/27 89-2-28 WHEREAS, N. Walter Goins initiated a rezoning from BC, business com- mercial to R-3, multiple dwelling residential for the following-described property: Ex E 231 ft. part, lying s of Hwy 694, of E 1/8 of SE 1/4 (Subj to Rd) in Sec. 24 Tn 30 Rn 22 WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was reviewed by the Maplewood Planning Commission on January 12, 1989. The Planning Commission recommended to the City Council that said rezoning be approved. 2. The Maplewood City Council held a public hearing on February 27, 1989, to consider this rezoning. Notice thereof was published ' and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above-described rezoning be approved on the basis of the following findings of fact: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code and comprehensive plan. 2. The Maplewood City Council held a public hearing on February 27, 1989, to consider this rezoning. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written 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 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 and comprehensive plan. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable and the public welfare. - 16 - 2/27 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 Rossbach. Ayes - Mayor Greavu, Councilmembers Bastian and Rossbach. Nays - Councilmembers Anderson and Juker. Motion failed. Councilmember Anderson moved to extend the meeting until completed. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers ' Anderson and Rossbach Nays - Councilmembers Bastian and Juker. Motion Failed. Councilmember Bastian moved to extend the meeting until 11:00 P.M. Seconded by Councilmember Juker. Ayes - Councilmembers Bastian, Juker and Rossbach Nays - Mayor Greavu and Councilmember Anderson. Motion failed. Meeting adjourned to Thursday, March 9. e. Councilmember Rossbach moved to table the conditional use permit. Motion died for lack of a second. Councilmember Anderson moved reconsideration of the motion to extend the meetin Seconded by Councilmember Bastian. Ayes - all. Councilmember Bastian moved to extend the meeting until 11:00 P.M. Seconded by Councilmember Juker. Ayes - all. f. Councilmember Rossbach moved to table the conditional use permit and rezoning. Seconded by Councilmember Bastian. Ayes - all. 2. Conditional Use Permit Renewal: 1810 E. County Road B (Fulk) a. Manager McGuire presented the Staff report. - 17 - 2/27 b. Roger. Fulk, 1810 E. County Road B, the owner, spoke. c. Gouncilmember Anderson moved a 90-day extension of the Conditional Use Permit. Seconded by Mayor Greavu. Ayes - all. I. NEW BUSINESS 1. Code Amendment: Pipeline Setback Ordinance a. Manager McGuire presented the Staff report. b. Community Development Director Olson explained the specifics of the proposal. c. Bruce Mogren, one of the developers, spoke. d. Referred to Staff for further investigation. M. ADJOURNMENT 11:00 P.M. City Clerk _ 18 _ 2/27