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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