HomeMy WebLinkAbout04.20.89 and 04.24.89MINUTES OF MAPLEWOOD CITY COUNCIL
4:30 P.M., Thursday, April 20, 1989
and
7:00 P.M., Monday, April 24, 1989
Council. Chambers, Municipal Building
Meeting No. 89-10
A CALL TO ORDER
A regular meeting of the City .Council of Maplewood, Minnesota, was held in the Councl1
Chambers, Municipal Building, and was called to order at 4:32 P.M., by Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor
Norman G. Anderson, Councilmember
Gary W. Bastian, Councilmember
Frances L. Juker, Councilmember
George F. Rossbach, Councilmember
C. APPROVAL OF I.4INUTES
None.
APPROVAL OF AGENDA
Present
Present
Present
Arrived at 4:45 P.M.
Present
Mayor Greavu moved to approve the Agenda as amended:
1. vista H_lls Park
2. CUP Draft
3. Water Department
4. Counc:l Meetings
5. Sam Cave Barclay Addition
6. Ord_n, nce Review
7. Mn. DCT Building
8. Delete Item H-8
9. Delete Item H-9
E. CONSENT AGENDA
Mayor Greavu moved, seconded by Councilmember Bastian, Ayes - all, to approve the
Consent Agenda Items E-1 through E-6 as recommended:
1. Approval of Claims
Approved the Claims as follows:
1 4-20-89
ACCOUNTS PAYABLE:
$ 398,382.10
$ 98,532.50
$ 496,914.60
$ 165,428.86
$ 31,690.62
$ 197,119.48
Checks #6281 - #6333
Dated 04-03-89 thru 04-13-89
Checks #7006 - #7122
Dated 04-20-89
Total per attached voucher/check register
Payroll Checks
Payroll Deductions
Total. Payroll
$ 694,034.08 GRAND TOTAL
2. Disposal of Old Financial Records
Resolution No. 89 - 4 - 63
WHEREAS, M.S.A. 133.17 governs the destruction of City records; and
WHEREAS, a list of records has been presented to the Council with a request in
writing that destruction be approved by the Council
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL' OF MAPLEWOOD, MTNN-ES07'A:
1. That the Finance Director is hereby directed to apply to
the Minnesota State Historical Society for an order
authorizing destruction of the records as described in the
attached list.
2. That upon approval by the State of the attached
application, the Finance Director is hereby authorized and
directed to destroy the records listed.
3. Revision of Personnel Policy
Approved to revise the Personnel Policy as follows:
Section 9 - 3.
B. Employees shall also receive pay for one-half (1/2) of their
accumulated sick leave with a maximum of 50 days pay. Employees
who are members of certain bargaining units and who were hired
after May 19, 1973 do not receive this type of severance pay,
2 4-20-89
according to their contracts. When a sworn police officer who is
covered under the Police Civil Service rules is promoted within
the Public Safety Department, said employee shall be allowed to
accumulate an unlimited number of hours of sick leave and, upon
retirement, shall be entitled to one-half of the accumulated
amount, not to exceed 1200 hours. In case of death in the line of
duty, for a sworn police officer, payment of the employee's full
accumulated sick leave shall be made payable to the employee's
beneficiary.
4. Policy on Filing Unpaid Ambulance Bills With a Collection Agency.
Approved to establish a policy on filing unpaid ambulance bills with a
collection agency, that the balance due on ambulance bills must be a
minimum of $30.00 before they are referred to a collection agency.
5. Donation Received for Appreciation of Services
Accepted with thanks the donation of $20.00 from Elaine Reid in
appreciation of services provided by the 4 x 4 Unit during the snow storm
on March 14, 1989. Donation to be credited to budget code 101-112-4120.
6. Time Extens-ion: Cave's Century 5th Addition
Approved a one-year time extension for Cave's Century 5th Addition
preliminary plat subject to the original conditions.
F. AWARD OF BIDS
None
G. UNFINISHED BUSINESS
1. Ariel Street Assessments Project 88-11
a. Manager McGuire presented the Staff report.
b. Director of Public Works Haider presented the specifics of the
proposal.
c. Mayor Greavu moved to approve the adjustments as presented and
authorized Staff to enter into the sti.nulation reaardinu the Boosalis
Seconded by Councilmember Rossbach. Ayes - all.
Councilmember Suker arrived at the Council Meeting at 4:45 P.M.
H. NEW BUSINESS
1. T.K.D.A. City Hall Preliminary Pans
3 4-20-89
Council delayed this item until later in the Agenda.
2. Upper Afton Road - McKnight to Century
a. Manager McGuire presented the Staff report.
b. Director of Public Works Haider presented the specifics of the
proposal and requested Council to order a feasibility study.
c. Mayor Greavu introduced the following resolution and moved its
adoption:
89-4-64
' WHEREAS, it is proposed to reconstruct Upper Afton Road from McKn.'ght
Road to Century Avenue and to assess the benefited property for all or a
portion of the cost of the improvement, pursuant to Minnesota Statutes,
Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD.
MINITE'SOTA:
That the proposed imp:covement be referred to the C=.ty Engineer for
study and that he is instructed to report to the Council with all
convenient speed adv -'-sin-- the Council 4
in a preliminary way as to whether
the proposed improvement is feasible and as to whether it should best be
made as proposed or in connection :with some other improvement, and the
estimated cost of the :improvement as recommended.
Seconded by Counc;lmember Anderson. Ayes - all.
1. T.K.D.A. City Hail P.el_m-nary Plans
Manager McGuire presented the Staff report.
b. Lisa Ross, representing T.K.D.A. presented the prel:i.m.nary plans fc-.
the City Hail e.>pansion project.
C. Following a lengthy discussion by Council, Mayor Greavu moved to
authorize T.K.D.A.. to finalize the plans and report back to Counc.l.
Seconded by Councilmember Anderson. Ayes - all
3. Birmingham, Ripley, Summer Drainage
a. Manager McGuire presented the Staff report.
b. D_rector of Public Works Haider espla:_ned the drainage problems in
this area.
4 4-20-89
c. Gary Kastne.. 1623 Christ_e Place, the applicant, -requested he be
given a building permit.
d. Councilmember Juicer moved to table this item until Monday's meeting
for further information.
Seconded by Councilmember Anderson. Ayes - all.
Mayor Greavu recessed the meeting at 7:50 P.M. for five minutes.
Mayor Greavu reconvened the meeting at 7:55 P.M.
4. Gervais Avenue - No Parking.
a. Manager McGu_re presented the Staff report.
b. Director of Public Works Haider explained the request in detail.
c. Mayor Greavu moved that no paric_ng be allowed within 100 feet of the
center of the intersection of English and Gervais.
Seconded by Councilmember Juker.
Ayes - all.
5. Appeal of C.D.R.B. Motion: Maplewood Auto Center (2525 White Bear Avenue)
Mayor Greavu moved to table this item until Monday's meeting.
Seconded by Councilmember Rossbach. Ayes - all.
6. Manager Cost of Living increase
a. Mayor Greavu moved to approve the wage increase and benefit increase
as recommended for 1989 for the Ccty Manager.
Seconded by Councilmember Rossbach.
7. Hazardous Waste Collection Day
Ayes - Mayor Greavu, Councilmerlber
Anderson, Bastian and Rossbach.
Nay - Counc-<lmember Juker.
a. Manager McGuire presented the Staff report.
b. Councilmember Bastian moved to approve the following recommendation:
1. Volunteer to sponsor a hazardous waste collection day at
the Maplewood Public Works' garage.
2. Approve a budget transfer of ^350 from the contingency
account to finance the disposal of nonhazardous items.
Seconded by Mayor Greavu.
Ayes - all.
5 4-20-S9
c. Councilmember Bastian suggested there be a general clean-up day
offered to the residents.
8. Final Approval of Bonds, Notes and Developer's Agreement: Cottages of Maplewood
Deleted from Agenda.
9. Prelim` -nary Approval and hearing Date for Revenue Bonds (Volunteers of America)
Deleted from Agenda.
10. Cable T.V.
a. Manager McGuire presented the Staff report.
b. Councilmember Rossbach moved to schedule 6 Council Meetings to be
televised.
Seconded by councilmember Bastian. Ayes - Mayor Greavu, Councilmembers
Anderson, Bastian and Rossbach.
May - Councilmember Ju..er.
11. Mn. DOT Building
a. Manager McGuire presented the Staff report.
b. Mayor Greavu moved to issue the bnild-ng perm=t to Mn DOT to be
located at Gervais and Barclay and
assessment.
Seconded by Councilmember Bastian.
I. COUPCIL PRESENTATIONS
2. C.U.P. Draft
orized Staff to nesotiate the
Ayes - all.
a. Councilmember Bastian stated the proposed land use bill had failed.
3. Water Department
a. Councilmember Bastian stated there will be a meeting with the Water
Department April 26, 1989, Wednesday, at 3:00 P.M. at City Hall.
4. Council Meetings
a. Councilmember Anderson stated he is becoming frustrated at the number
and quality of the meetings Council has been holding.
6 4-20-89
5. Sam Cave's Barclay Addition.
a. .Councilmember Anderson stated he has -received calls from homeo:;ners '.n
the Same Cave's Barclay Addition who would 'like to fill up the area
between Sextant and Gervais.
b. Staff stated that area is a holding pond.
6. Ordnance Review
a. Councilmember Anderson asked Staff to prepare a list of ordinances
that are to be reviewed. He requested that the R-3 Ordinance have top
priority.
b. Staff will prepare a list of ordinances that need to be reviewed.
1. Vista Hills Park
a. Councilmember Rossbach asked if the Park and Recreation Department
have meetings in areas where there is proposed park development.
b. Staff stated Tuesday Evening, there 's a meeting regard=..ng V_sta H '_is park.
J. ADi1Till STRATIVE PRESENTATIONS
1. Storm Sewer Financ�_ng
Cotncilmember Rossbach moved to table tiv..s item and place it on the ne�ct
Agenda.
Seconded by Councilmember Bastian. Ayes.- all.
1:. ADJOURNMENT OF APRIL 20, 1989 14EETING
L. RECONVEHE: CALL APRIL 24. 1959 METING TO OR))ER
Hayor Greavu-econvened the meet'.ng at 4:32 P.11.
M. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Ande-son, Councilmember Present
Gary W. Bastian, Councilmember Present
Frances L. Juker, Councilmember Present
George F. Rossbach, Councilmember Present
N -A PRESENTATIONS
1. Family Services
7 4-20-59
Kathy Jefferson, representing Family Services, (formerly East Community
Family Services) spoke on behalf of the programs offered by Family Service
and requested Maplewood still participate in the budget.
N. PUBLIC HEARINGS
1. 7:00 P.M., Keller Parkway - County Road C Water Main Project 88-10 (Public
Hearing).
a. Mayor Greavu convened the meeting for a public hearing regarding the
construction of water main on County Road C - Forest to Keller Parkway and
Keller Parkway - County Road C to Palm Court and Linden Lane, City Project
88-10.
b. Manager McGuire presented the Staff report.
C. City Attorney Kelly explained the public hearing procedure.
d. Assistant City Engineer Trish presented the specifics of the proposal.
Mayor Greavu called for persons who wished to be heard for or against
the proposal.. The following persons expressed their opinions:
Elmer Stahnke, 910 E. County Road C
NeAl Johnson, 2616 Keller Parkway
Bill Halloron, 846 Palm Court
Michelle Gron, 2634 Keller Parkway
Chris Johnson, 2654 I:eller Parkway
Marilyn Halloron, 846 Palm Court
John Vagstrom, (buying a lot in the area)
Gerry Howard, 931 E. County Road C
Jerry Frisch, 845 Palm Court
Don Pawiicki, 2666 Linden Lane
Dave Fenner, 842 E. County Road C
Nor-nne Kruse, 854 Palm Court
Ray _:ruse, 854 Palm Court
Tom Anderson, 851 E. County Road C
f. Mayor Greavu closed the public hearing.
g. Mayor Greavu introduced the following resolution and moved its
adoption:
89-4-65
WHEREAS, after due notice of public hearing on the construction of
water ma -_n and appurtenances on County Road C - Forest to Keller Parkway;
Keller Parkway - County Road C to Palm Court and Linden Lane, City Project
88-10, a hearing on said improvement in accordance with the notice duly
given was duly held on April 24, 1989, and the Counci_. has Beard all
8 4-20-89
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 water main and appurtenances
on County Road C - Forest to keller Parkway; Keller
Parkway - County Road C to Palm Court and Linden Lane,
City Project 88-10 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 Councilmember_ Anderson. Ayes - a_1.
2. 7:10 P.M., Hillcrest Sanitary Sewer Project 86-22: Assessment hearing
a. Mayor Greavu convened the meeting for a public hearing regarding the
adoption of the proposed assessment roll for Hillcrest Sanitary Sewer
Project 86-22.
b. Manager McGuire presented the Staff report.
c. City Attorney Kelly explained the procedures for the assessment
hearing.
d. Director of Public Works Haider presented the specifics of the
proposal.
e. Mayor Greavu called for persons who wished to be heard for or against
the proposal. The following expressed their opinions:
Ken Hanley, 2466 E. Larpenteur Avenue
Harold Nelsen, 2416 E. Larpenteur Avenue
James Thurston, Jr., 1595 Myrtle
Gary Salkawicz, 2299 Maryland, representing mother, Mrs. Evelyn Salkawicz,
1240 McKnight
Joan Utecht, 2675 E. Larpenteur Avenue
f. Mayor Greavu closed the public hearing.
g. Councilmember Anderson introduced the following-, resolution and moved its
adoption:
89-4-71
WHEREAS, pursuant to proper notice duly given as required by law, the
City Council has met and heard and passed upon all objections to the
9 4-20-89
proposed assessment for the construction of Hilicrest trunk sanitary sewer
as described in the files of the City Clerk as Project 86-22, and has
amended such proposed assessment as it deems just,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD.
MINNESOTA:
1. Such proposed assessment, as amended, a copy of which is
attached hereto and made a part hereof, is hereby accepted
and shall constitute the special assessment against the
lands named therein, and each tract of land therein
included is hereby found to be benefited by the proposed
improvement in the amount of the assessment levied against
it.
2. Such assessment shall be payable in equal annual
installments extending over a period of 20 years, the
first of the installments to be payable on or after: the
first Monday in January 1990, and shall bear interest at
the rate of nine (9.0) percent per annum from the date of
the adopt' -on of this assessment resolution. To the firs
installment shall be added interest on the entire
assessment from the date of this resolution unt---1 December
31, 1989. To each subsequent installment when due shall
be added interest for one year on al'. unpaid installments.
3. it _s hereby declared to be the intention of the Council
to -reimburse itself in the future for the portion of the
cost of this improvement paid for from municipal funds by
levying additional assessments, on notice and hearing as
provided for the assessments herein made, upon any
properties abutting on the improvement but not herein
made, upon any properties abutting on the improvement but
not herein assessed for the improvement, when changed
condotions relating to such properties, make such
assessment feasible.
4. To the ez:tent that this improvement benefits nonabutting
properties which may be served by the improvement when one
or more later extensions or improvements are made, but
which are not herein assessed, therefore, it _s hereby
declared to be the intention of the Council, a s
authorized by Minnesota Statutes Section 420.051, to
reimburse the City by adding any portion of the cost so
paid to the assessments levied for any or such later
e.:tension or improvements.
5. The Clerk shall_ forthwith transmit a cert°_fled duplicate
of this assessment to the County Auditor to be e;:tended on
the property tai: lists of the County, and such assessments
10 4-20-49
shall be collected and paid over in the same manner as other municipal
taxes.
Seconded by Mayor Greavu. Ayes - all.
3. 7:20 P.M., 2582 White Bear Avenue (Bachman's)
a. Parking Authorization
b. Rezoning
C. Street Vacation
d. C.D.R.B. Appeal
1. Mayor Greavu convened the meeting for a public hearing
regarding the request of Todd L. Bachman for authorization for 198
parking spaces (123 fewer than code requires); approval to
relocate Edgehill Road; rezone the property to BC. Business -
Commercial and to appeal the Design R.eviev: Board's requirement for
a sidewalk: along White Bear Avenue.
2. Manager McGuire presented the Staff report.
3. Associate Planner Ekstrand presented the specifics of the proposal.
4. Commissioner. Sue Fiola presented the Planning Couuaission report.
5. Board Plember Roger Anitzberger presented the Community Desrign Review Board
report.
6. Mayor Creavu called for persons who wished to be heard for or aga:inat the
proposal.. The fol--,ow-.ng persons expressed their op'.nions:
Vicki_ 0"<son, 2599 Ariel
Brian Clutz, Architect representing Mr. Bachman
7. Mayor Greavu closed the public hearing.
E. Mayor Greavu moved authorization for 123 fewer spaces than
code require with the stipulation that If a parking shortage
develops, the applicant shall provide additional parking spaces
subject to the City Council's requirements.
Seconded by Councilmember Rossbach. Ayes - all.
9. Mayor Greavu introduced the following resolution and moved its
adopt --'on:
89-4-66
WHEREAS, Todd L. Bachman in'-ti_ated a rezoning from R-1,
single -dwelling residential, to BC, business commercial, for the
fo-.lowing-described property:
11 4-20-39
The 30 -foot -wide section of German Street right-of-way
lying between the northerly edge of Block Five, Maplewood
Addition and County Road C.
WHEREAS, the procedural history of this rezoning is as
follows:
1. This rezoning was initiated by Todd L. Bachman,
pursuant to Chapter 36,.Article VII of the
Maplewood Code of Ordinances.
2. This rezoning was reviewed by the Maplewood
Planning Commission on March 20, 1989. The
Planning Commission recommended to the City
Council that said rezoning be approved.
3. The Maplewood City Council held a public hearing
on April 24, 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 COUNC L
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 chan3e 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.
4. The proposed change would have no negative effect
upon the logical., efficient, and economical
extension of public services and facilities, such
as public watef, sewers, police and fire
protection and schools.
Seconded by Councilmember Rossbach. Ayes - all.
12 4-20-89
10. Councilmember Rossbach introduced the following resolution and moved its
adoption:
89-4-67
WHEREAS, Todd L. Bachman, Ruth M. Allison and Duane M. Allison
initiated proceedings to vacate the public interest in the
following -described property:
Edgehill Road (15th Street) lying between White Bear
Avenue and Ariel Street in Section 11, Township 29, Range
22, Ramsey County.
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 March 20, 1989. The Planning
Commission recommended to the City Council that
this vacation be approved.
3. The City Council held a public hearing on April
24, 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 recommendations of the City Staff and Planning
Commission.
WHEREAS, upon vacation of the above-described street right-of-way, public
interest in the property w_il?accrue to the following -described abutting
propert_es:
Lots 16-30, Block 4; Lots 1-15, Block 5, and Lots 1-11,
Block 6, Maplewood Addition.
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 street segment is not needed for area traffic
circulation or emergency vehicle access.
2. All adjoining properties have street access.
Seconded by Councilmember Bastian. Ayes - all.
13 4-20-89
11. Councilmember Rossbach moved to amend the Design Review Board's motion to
reau e a letter of credit to construct a pedestrian wa_kway on
the northwestern and southwestern area of the property and that
trucks exxit onto Countv Road C only.
Seconded by Councilmember Anderson. Ayes - all.
4. 7:30 P.M., Preliminary and Final Plat: Crestview Forest 4th Addition
a. Mayor Greavu convened the meeting for a public hearing regarding the
request of Marvin H. Anderson Homes for preliminary and final plat
approval for. Crestview Forest Fourth Addition.
b. Manager McGuire presented the staff report.
c. Associate Planner Roberts presented the specifics of the proposa_.
d. Commissioner Sue Fiola presented the Planning Commission report.
e. Mr. Fred Haas, representing Marvin H. Anderson Homes, spoke on behalf
of the p-roposal.
f. Mayor Greavu called for proponents and opponents. Mone were heard.
g. Mayor Greavu closed the public hearing.
h. Councilmember Rossbach moved to approve the preliminary and f= -nal plat
of Crestview Forest 4th Addition subject to the mainta_ning of established
distances to all property lines as speci_f.'.ed in the Uniform Building Code.
Seconded by Councilmember Rossbach. Ayes - all.
5. 7:40 P.M., Southwinds Apartments
a. Revision of the Cond_tiona.l Use Permit North of the Site
b. Conditions'_ use Permit For tb_s Project
C. Preliminary Plat
1. Mayor Greavu convened the meeting for a public hearing
regarding the request of Continental Development Corporation for
approval of a conditional use permit for a 120 -unit multi family
planned unit development; a seven lot preliminary plat; and the
C_ty delete the requirement for the private road to Beebe Road
that runs through this property from the Green Gate Apartments.
The property i_s located on Beebe Road, North of Larpenteur Avenue.
2. Manager McGuire presented the Staff report.
3. Associate Planner Roberts presented the specifics of the
proposal.
14 4-20-89
4. Commissioner Sue Fiola presented the Planning Commission
report.
5. Mr. Chuck Cook, Continental Development Corp, spoke on behalf
of the proposal.
6. Mr.. Dick Haluptzak, Korsunsky Krank Erickson Architects, Inc.,
explained the proposal.
7. Mayor Greavu called for persons who wished to be heard for or
against the proposal. The following persons expressed their
opinions:
Lawrence Mrozak, 2147 E. Larpenteur
Philip Kirkowski, 1709 Pio. Howard
Robert Frets, 2150 Ripley
Don Sauro, Sauro Properties
Bruce Casselton, 1745 Howard
3. Mayou Greavu closed the public hearing.
9. Mayor Greavu introduced the following resolution and moved its
adoption:
89 -4-68
WHEREAS, the City of Maplewood initiated a revision to the
conditional use permit for a planned unit development (PUD) to
omit the requirement for a road from Larpenteur Avenue to the PUD
at the follow'n£-described property:
All that part of the NE 1/4 of the SE 1/4 lying westerly
of Furness Street and all that part of the East 1/2 of the
ISI 1/4 of the SE 1/4 of Section 14, Township 29, Prange 22,
except the II 1/2 of the NE 1/4 of the 17+•? 1/4 of the SE 1/4
and except that part of the NE 1/4 of the SE 1/4 "lying
westerly of Furness Street.
This property is also known as the Green Gate Apartments, Maplewood;
WHEREAS, the procedural history of this conditional use permit
is as follows:
1. This conditional use permit was reviewed by the Maplewood Planning
Commission on March 20 and April 3, 1939. The Planning Commission
recommended to the City Council that said permit be approved.
2. The Maplewood City Council held a public hearing
on April 24, 1989. Notice thereof was published
and mailed pursuant to 'raw. All persons present
15 4-20-89
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 Planing Commission.
N0W, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the
original Fred Moore PUD is hereby amended to eliminate the south road
connection to Larpenteur Avenue on the basis of the following. findings -of -
fact:
1. The use is in conformity with the City's
Comprehensive Plan and with the purpose and
standards of this chapter. Said roadway is not
needed and the extension of Holloway Avenue will
provide a more beneficial general purpose access
for the neighborhood. '
2. The amended CUP/PUD will not be detrimental to the
public health, safety or general welfare.
3. The amendment to eliminate the south roadway
connection will be compatible and in character
with the surrounding zoning district and the
neighborhood in general because it will preclude
the infiltration of additional traffic into the
adjacent single-family residential area.
4. The elimination of the roadway will not depreciate
property values in the general area.
5. The elimination of the south roadway connection
will not create hazardous or detrimental
conditions for surrounding land uses.
6. The elimination of the south roadway will result
in less traffic on surrounding local streets than
would be the case if the roadway connection were
made.
7. The amendment will have no effect on essential
public services. The roadway is not required to
facilitate fire service.
8. The amendment will not create excessive additional
requirements at public cost for public facilities
and services.
9. The amendment will have no effect on the site's
natural and scenic features.
10. The amendment will not cause adverse environmental effects.
16 4-20-39
Seconded by Councilmember Rossbach.
10. Councilmember Anderson moved to
multi familv PUD in a zonine dis
Ayes - all..
rove the conditional use aerm_it for a
Koad and northerly of Larpenteur Avenue subject to the
conditions listed in the Staff report and as amended:
eliminate third .sentence in Condition No. 7; install a
sidewalk on Beebe Road to Larpenteur and developer must
maintain such sidewalk for all. seasons.
Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmember
Anderson
Nays - Councilmembers Bastian, Juker
and Rossbach.
Defeated 3-2
6. 7:50 P.M., Highwood Avenue (Carver)
a. Plan Amendment A Votes)
b. Rezoning A Votes)
C. Conditional Use Permit
1. Mayor Greavu convened the meeting for a public hearing
regarding the request of Harold Carver for the following:
An amendment to the City's land use plan from RL,
residential low density to SC service commercial.
A rezon.ng from E, farm residence,- to BC, business
commercial, for the garage site and for the garage site
and a 20 foot wide driveway to Highwood Avenue
A conditional use permit to construct a metal pole building in a BC zone.
2. Manager McGuire presented the Staff report.
3. Associate Planner Tom Ekstrand presented the specifics of the
proposal.
4. Mr. Ken Gervais, representing the owner, spoke on behalf of
the request.
5. Mayor Greavu called for proponents and opponents. None were
heard.
6. Mayor Greavu closed the public hearing.
17 4-20-89
7. Councilmember Anderson introduced the following resolution and
moved its adoption:
89-5 -69
WHEREAS, Harold Carver initiated an amendment to the Maplewood
Comprehensive Plan from RL, low-density residential, to SC,
service commercial, for the property lying 170 feet west of and
100 feet south of Carver General REpair, 2730 Highwood Avenue.
WHEREAS, the procedura history of this plan amendment is as
follows:
1. The Maplewood Planning Commission held a public
hea r_ng on April 3, 1989 to consider this plan
amendment. notice thereof was published and
mailed pursuant to law. Ali persons present at
said hearing were given an opportunity to be heard
and present written statements. The Planning
Commission recommended to the C.-7_ty Council that
said plan amendment be approved.
2. The Maplewood City Council considered said plan
amendment on April 24, 1989. The Council
considered reports and recommendations from the
Planning Commission and City Staff.
NON, THEREFORE, BE IT RESOLVED BY THE: MAPLEWOOD CITY COUNCIL
that the above-described plan amendment be approved on the basis
that the SC des'_gnation would be consistent with the goals,
policies and objectives of the comprehensive plan, s'nce the
change would not deter the neighborhood from developing as planned
and would not adversely effect any adjacent proper r.es.
Seconded by Councilmember Rossbach. Ayes - all..
8. Mayor Greavu introduced the fo'.lowing resolution and moved its adoption:
89-4-70
WHEREAS, Harold Carver initiated a rezoning from F. farm residence, to
BC, business commercial, for the following -described property:
That part of Lots 1, 5 and 6, Carver Lots, and that part of the
Morth 165 feet of the East 264 feet of the West 289 feet of the
East Half of the Northeast Quarter of the Southeast Quarter of
Section 13, Township 28, Range 22, Ramsey County, Minnesota, which
lies northwesterly of the northwesterly right-of-way line of
Interstate Highway No. 494 and which lies easterly and
northeasterly of the following described line: Beginning at the
northeast corner of sa_d Lot 1; thence on an assumed bearing of
18 4-20-89
south 00 degrees 18 minutes 41 seconds East along the east line of
sa_.d Lot 1 a distance of 286.96 feet to the northwest corner of
said Lot 5; thence North 88 degrees 56 minutes 26 seconds East
along the north line of said Lot 5 a distance of 152.01 feet to
said northwesterly right-of-way line of Interstate Highway No.
494; thence South 38 degrees 10 minutes 19 seconds West along said
right-of-way line a distance of 135.78 feet; thence North 65
degrees 20 minutes 05 seconds West a distance of 269.08 feet;
thence North OC degrees 24 minutes 21 seconds West a distance of
275.18 feet to an intersection with the westerly extension of the
north line of said Lot 1; thence North 88 degrees 53 minutes 25
seconds East along said north line and its westerly extension a
distance of 176.88 feet to the point of beginning; except the west
156.88 feet of the North 135 feet of the above descr4bed property.
WHEREAS, the procedural histo,_ -y of this rezoning is as follows:
1. Thy -s rezoning was in''.tiated by Harold Carver pursuant to
Chapter 36, Article VII of the Maplewood Code of
Ordinances.
2. This rezoning was reviewed by the Maplewood Planning
Commiss`_on on April 3, 1989. The Planning Commission
recommended to the City Counci_1 that sa-'.d rezoning be
approved.
3. The Maplewood C--.ty Council held a public hearing on Apr; _1
24, 1989, to consider this rezoning. Notice thereof was
published and mailed pursuant to law. A1. persons present
at said 'nearing were given an opportunity to be heard and
present written statements. The Council also considered
reports and recommendations of the City Staff and Planning
Comm_.ssion.
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 sp-irit, 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 safeguarded.
3. The proposed change will serve the best interests and
conven`_ences of the community, where applicable and the
pubic welfare.
19 4-20-39
4. The proposed change would have no negative effect upon the
logical, efficient, and economical extension of public
services and facilities, such as public water, sewers,
police and fire protection and schools.
Seconded by Councilmember Anderson. Ayes - all.
9. Councilmember Anderson introduced the following resolution and moved its
adoption:
89-4-71A
WHEREAS, Harold Carver initiated a conditional use permit to build a
metal pole building in a business and commercial zone at the following -
described property:
That part of Lots 1, 5 and 6, Carver Lots, and that part of the
North 165 feet of the East 264 feet of the West 289 feet of the
East Half of the Northeast Quarter of the Southeast Quarter of
Section 13, Township 28, Range 22, Ramsey County, Minnesota, which
lies northwesterly of the northwesterly right-of-way line of
Interstate Highway No. 494 and which lies easterly and
northeasterly of the following described line: beginning at the
northeast corner of said Lot 1; thence on an assumed bearing of
south 00 degrees 18 minutes 41 seconds East along the east line of
said Lot 1 a distance of 286.96 feet to the northwest corner of
said Lot 5; thence North 88 degrees 56 minutes 26 seconds East
along the north "line of said Lot 5 a distance of 152.01 feet to
said northwesterly right-of-way line of Interstate Highway No.
494; thence South 38 degrees 10 minutes 19 seconds West along said
right-of-way line a distance of 135.78 feet; thence North 65
degrees 20 minutes 05 seconds West a distance of 269.08 feet;
thence North 00 degrees 24 minutes 21 seconds West a distance of
275.18 feet to an intersection with the westeriy extension of the
north line of said Lot 1; thence North 88 degrees 53 minutes 25
seconds East along said north line and its westerly extension a
distance of 176.88 feet to the point of beginning; except the west
156.88 feet of the North 135 feet of the above described property.
WHEREAS, the procedural history of this conditional use permit is as
follows:
1. This conditional use permit was reviewed by the Maplewood
Planning Commission on April 3, 1989. The P'lann'ing
Commission recommended to the City Council that said
permit be approved.
2. The Maplewood City Council held a public hearing on April
24, 1989. Notice thereof was published and mailed
20 4-20-89
pursuant to law. All persons present at said hear' -ng were
given an opportunity to be heard and present written
statement.s The Council also considered reports and
recommendations of the C;-ty Staff and Planning Comniss_on.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL
that the above-described conditional use permit be approved on the
basis of the following findings -of -fact:
1. The use is 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 public health, safety or
general welfare.
3. The use would be located, designed, nainta.ned and
operated to be compatible with the character of
that zoning district.
4. The use would not depreciate property values.
5. The use *,could not be hazardous, detrimental or
disturbing to present and potent -'al surrounding
I
and uses, due to the noises, glare, smoke, dust,
odor, fumes, water pollution, water run-off,
v'bration, 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 w.11 cause undue burden to the area
properties.
7. The use would be serviced by essential. public
services, such as streets, police, fi;:e
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.
4. The use would preserve and incorporate the site's
natura- and scenic features into the development
design.
10. The use would cause mi.n.ma-1 adverse environmental effects.
21 4-20-89
11. The building would be substantially screened, as defined in Section
Section 36-27, as viewed from street or residentially -zoned _and.
12. The building is not of a lesser quality than the adjacent commercial
development.
Approval is subject to the following conditions:
1. Adherence to the site plan, dated January 26,
1989, unless a change is approved by the City's
Community Design Review Board, except that the
proposed driveway shall be relocated to be
directly west of 2714 Highwood Avenue as shown on
page 9 of the Staff report.
2. This permit shall be subject to review after one
year from the date of approval, based on the
procedures in City Code.
Seconded by Councilmember P.ossbach. Ayes - all.
G. UN'F_INISHED BUSINESS (Continued from April 10, 1939)
1. Conditional Permit for Mining: Kingston and Payne Avenues
a. Manager McGuire presented the Staff report.
b. Associate Planner Roberts presented the specifics of the proposal.
C. Greg Murray, DNR, made a presentation and answered questions posed by the
Council.
d. Bob Rudy, Shafer Construction Company, spoke on behalf of his request.
e. Pau'_ Anderson, Attorney representing Elsie Finn, 1771 Payne Avenue,
presented reasons for his client's obect_ons to the proposal.
Councilmember. Ju'ker moved to waive the Rules of Procedures to allow testAmory.
Seconded by Mayor Greavu.
Ayes - all.
f. Mayor Greavu called for persons who wished to be heard
persons presented their views:
Karen Johnson, 1000 Edgerton Street
A resident at 1701 Payne Avenue
Mr. Firestone, representing Forest Lawn Cemetery
David Rudeen, 1716 Edgerton
Barb Johnson, 639 Kingston
Randy Arnold, 1701 Payne Avenue
The following
22 4-20-89
g. Mayor Greavu closed the publ''c hearing.
h. Councilmember Anderson moved to deny the request of Shafer Construction
conditional use permit for mining.
Seconded by Councilmember Juker. Ayes - all.
i. Fo1loW4ng lengthy testimony, Councilmember Bastian moved to reconsider
Council action.
Seconded by Councilmember Anderson. Ayes - all.
j. Courc_lmember Anderson moved to deny the conditional use permit for
mining requested by Shafer Contracti.na based on the following f'_ndin,s:
1. The volume of dirt that i.s being proposed to be removed is in excess that
would adve_seiy impact the findings that are required to be made that are
found on Page 17 of the Staff report.
2. That there is a detrimental impact on the neighboring
community in terms of the health, safety and Welfare that
cannot be located and designed for the operation to be
compatible w:i.th the neighboring residential character of
the district.
3. That the -e would be depreciation of value particularly
along the trail where al.1 the truck traffic would come i.n.
4. Dust and odors would be detrimental or disturbing to the
surrounding residential _and uses.
Seconded by Councilmember Bastian. Ayes - all.
Mayor Greavu moved to wave the Rues of Procedures and extend the meetin=* past the
deadline.
Seconded by Councilmember Anderson. Ayes - all.
H. 14EW BUSINESS (Continued)
3. Birmingham Street, R-_pley - Summer, Drainage
a. Director of Public Works Haider presented the Staff report.
b. Mayor Greavu moved to approve the staff recommendation that no buil.din-I be
al' owed on the lots on Birmingham without a storm sewer be_inp constructed.
Seconded by Counci'_member Juker.
Ayes - all.
23 4-7.0-89
5. Appeal of C.D.R.B. Motion: Maplewood Auto Center (2525 White Bear Avenue)
a. Manager mcGuire presented the Staff report.
b. Associate Planner Ekstrand presented the specifics of the proposal.
c. Board Member Anitzbe-rger presented the C.D.R.B. report.
d. Chris McGrath, representing the developer, spoke on behalf of the request for
left turn exits onto White Bear Avenue.
e. Councilmember Anderson moved to deny the request of Curt Johnson.
Properties for a left turn lane exit onto White Bear Avenue.
Seconded by Councilmember Juker. Ayes - all.
0. VISITOR PP.ESENTAT OSIS
1. Gerald Mogren
a. Mr. Mogren requested an extension of time for his mining permit at
Maple Hill. He tried to renew his mining permit but because of other
difficulties with mining permits, it was denied. There is still material
to be removed and he wishes to finish the job by July.
b. Council directed Mr. Mogren to see Director of Public Works Halder regarding a
grading permit.
Councilmember Bastian moved to reconsider the vote regarding the proposed -development on
Beebe Road and that it should be placed on May 4th, 1089, Agenda.
Seconded by Mayor Greavu.
P. ADJOURIZIENT OF 4-24-89 MEETING
11:37 P.M.
Ayes - all.
City Clerk
24 4-20-89