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