HomeMy WebLinkAbout06.08.89 and 06.12.89 MINUTES OF MAPLEWOOD CITY COUNCIL
4:30 P.M., Thursday, June 8, 1989
and
7:00 P.M., Monday, June 12, 1989
Council Chambers, Municipal Building
Meeting No. 89-13
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 4:32 P.M., by Mayor Greavu.
B. ROLL CALL
John C. Greavu,. Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Arrived at 4:43 P.M.
Frances L. Juker, Councilmember Present
George F. Rossbach, Councilmember Absent
C. APPROVAL OF MINUTES
1. Minutes of Meeting No. 89-2 (January 23, 1989)
Councilmember Anderson moved to approve the Minutes of Meeting No. 89-2 (January
23, 1989) as submitted.
Seconded by Mayor Greavu. Ayes - all.
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the Agenda as amended:
1. Council/Park Board Meeting
2. Ramp on Highway 694
3. Old City Hall Plaque
4. Dirt on Streets
5. Recycling: Plastic
6. Dog Ordinance
7. Meeting with Manager
8. Maplewood Mall
9. Edgerton Street
10. Easements
11. Bulk Storage.
12. Garbage Fees
13. Add: Reschedule 6-15-89 Workshop Session
14. Place Code Amendment 14-4 before Item H-2
15. Storm Water Area Tour with Engineer
Seconded by Councilmember Anderson. Ayes - all.
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E. CONSENT AGENDA
Councilmember Anderson moved, seconded by Mavor Greavu, Aves - all, to approve the
Consent Aoenda Items E-1 throuoh E-6 as recommended:
1. Approval of Claims
Approved the Claims as follows:.
ACCOUNTS PAYABLE:
$ 363,933.74 Checks #6440 - #6515
Dated 05-12-89 thru 05-31-89
$ 90,211.91 Checks #1010 - #1145
Dated 06-08-89 '
' $ 454,145.65 Total per attached voucher/check register
PAYROLL:
$ 170,044.13 Payroll Checks
$ 32.542.58 Payroll Deductions
$ 202,586.71 Total Payroll
$ 656,732.36 GRAND TOTAL
2. Conditional Use Permit Renewal: 1810 County Road B (Fulk)
Approved the renewal of a conditional use permit for one year for a machine shop
within 350 feet of a residential district at 1810 East County Road B, subject to
Council's previously imposed conditions.
3. Planning Commission's Resignation
Accepted the resignation of Frank Dempsey from the Planning Commission and ap ssed
the followino resolution.
Resolution No. 89-6-83
WHEREAS, Frank Dempsey has been a member of the Planning Commission of
Maplewood Minnesota, since January 25, 1988, and has served faithfully in that
capacity until April 17, 1989; and
WHEREAS, the Planning Commission has appreciated his experience, insights, and
good judgment; and
WHEREAS, he has freely given of his time and energy, without compensation, for
the betterment of the City of Maplewood; and
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WHEREAS, he has shown sincere dedication to his duties and has consistently
contributed his leadership, time, and effort for the benefit of the City,
NOW, THEREFORE, BE IT HEREBY RESOLVED for and on behalf of the City of
Maplewood, Minnesota, and its"citizens, that Frank Dempsey is hereby extended our
heartfelt gratitude and appreciation for his dedicated service and we wish him
continued success in the future.
4. Time Extension: Cave's English Street Second Addition
Approved a one year time extension for Cave's English Street Second Addition
planned unit development subject to the original conditions of approval.
5. Donations to Maplewood Nature Center
Accepted the $50.00 donation from the Lawrence Kaiser Auxiliary-Post 8901, and the
$200.00 donation from the Weaver Elementary School, and place them in the Jim's
Prairie Fund (403-814-323-4720].
6. Resolution - National Night Out - 1989
Resolution 89-6- 84
WHEREAS, the National Town Watch Association is sponsoring the 6th Annual
edition of a special, coast-to-coast community crime prevention event on August 8,
1989, called "National Night Out" - America's Night Out Against Crime; and
WHEREAS, Maplewood plays an essential role assisting the Maplewood Police
through its cooperative crime prevention efforts in Maplewood and is supporting
the "National Night Out" locally; and
WHEREAS, it is important that all citizens in Maplewood be aware of the.
importance of crime prevention programs and the positive impact that their
participation can have on reducing crime and drug abuse in our neighborhoods; and
WHEREAS, "National Night Out" provides an opportunity for Maplewood to join
together with thousands of other communities across the country in support of
safer neighborhoods and to demonstrate the success of cooperative crime prevention
efforts; and
WHEREAS, neighborhood awareness, spirit and cooperation are important themes
of the "National Night Out" project and key components in helping the Maplewood
Police Department to fight crime and drug abuse;
NOW, THEREFORE, WE, THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, do hereby call
upon all of the Citizens of Maplewood to join the Maplewood Police Department and
the National Town Watch Association in supporting and participating in the 6th
Annual "National Night Out" on August 8th.
FURTHER, LET IT BE RESOLVED THAT I, THE MAYOR OF MAPLEWOOD, do hereby proclaim
Tuesday, August 8, 1989, as "NATIONAL NIGHT OUT" in Maplewood, Minnesota.
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F. AWARD OF BIDS
1. Walter Street, Project 84-14
a. Manager McGuire presented the staff report,.
b. Director of Public Works Haider presented the specifics of the bids.
Councilmember Bastian arrived at 4:43 P.M.
c. Councilmember Anderson introduced the following resolution and moved its
adoption:
Resolution 89-6- 8 5
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of
Ro-So Contracting in the amount of $43,768.75 is the lowest responsible bid for
the construction of Walter Street, Fenton Avenue to Frost Avenue, City Project 84-
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 - Mayor Greavu, Councilmembers Anderson and
Juker. Councilmember Bastian abstained.
2. City Vehicles
a. Manager McGuire presented the staff report.
b. Mayor Greavu moved to approve the highest bid of $1402.00 for a 1930 Ford
Futura and $1151.00 for a Chevrolet Scooter.
Seconded by Councilmember Anderson. Ayes - all.
G. UNFINISHED BUSINESS
1. Plan Amendment - Gervais Avenue (BBY Partnership)
a. Manager McGuire presented the staff report.
b. City Attorney Kelly advised the Council of the procedures that can be taken.
c. Councilmember Anderson introduced the following resolution and moved its
adoption.
Resolution 89-6-97
RESOLUTION MAKING FINDINGS OF FACT AND CONCLUSIONS DENYING APPLICATION OF BBY
INVESTORS FOR A COMPREHENSIVE LAND USE PLAN AMENDMENT.
WHEREAS, BBY Investors, a Minnesota general partnership, hereinafter BBY, has, on
or about October 3, 1988, made application to the City of Maplewood, hereinafter City,
for an amendment to the Maplewood Comprehensive Land Use Plan, hereinafter CLUP, a
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Conditional Use Permit, hereinafter CUP, for a Planned Unit Development, hereinafter
PUD, and Community Design Review Board, hereinafter CDRB, approval of a 426 unit
multi-family housing development on approximately 31 acres lying north of Gervais
Avenue and being legally described as follows:
Lot 5, Block 1, Mapleridge Mall; and the East half and West half of Lot 1,
E.G. Roger's Garden Lots; and Lot 2, except the South 300 feet thereof, E.G.
Roger's Garden Lots, hereinafter the subject property; and
WHEREAS, the CLOP designation for the subject property is LSC, limited service
commercial, and the zoning code designation is LBC, limited business commercial, and
BBY seeks an amendment of the CLUP from LSC to RH, residential high-density; and
WHEREAS, the procedural history of the BBY application is as follows:
1. BBY's application was dated, filed and initiated October 3, 1988; and
2. The Maplewood Planning Commission denied the CLUP amendment and CUP request on
November 21, 1988, based upon the following:
a. The developer [BBY] does not consider Mr. Kavanaugh's property to the
west;
b. The developer [BBY] has not shown the need for development of rental
property on this site;
c. Traffic problems would be created on Highway 36; and
d. The developer [BBY] has not shown a phasing plan for the gradual
development of the property; and
3. The CDRB approved the BBY plans date-stamped November 19, 1988, on November
29, 1988, subject to approval of a CLUP amendment and approval of a CUP by the
City Council; and
4. A public hearing before the City Council on the BBY application was held
December 12, 1988, but, because of the lateness of the hour, was continued to
January 5, 1989; and
5. BBY subsequently requested an indefinite continuance of the public hearing
beyond January 5, 1989, to facilitate extension of their option to purchase
the subject property; and
6. A public hearing before the City Council on BBY's application was held and
concluded March 2, 1989; and
7. At the conclusion of said March 2, 1989, public hearing, it was moved and
seconded to approve the amendment of the CLUP from LSC to RH, which motion
failed, o ayes 5 nays; and
8. Immediately upon taking the vote to approve amendment of the CLUP, the City
Council adjourned, without more; and
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9. On March 13, 1989, the City Council passed a motion to reconsider its action
on BBY's application pursuant to 6(d) of the Maplewood City Council Rules of
Procedure; and
10. On March 20, 1989, BBY initiated a lawsuit against the City seeking,-among
other things, to restrain the City Council from reconsidering its prior action
on BBY's application; and
11. On March 27, 1989, BBY moved the Ramsey County District Court for a Temporary
Restraining Order, hereinafter TRO, prohibiting the City Council from
reconsidering its action on BBY's application, which motion the Court took
- under advisement; and
12. On March 27, 1989, while the District Court deliberated the BBY motion for a
TRO, the Maplewood City Council reconsidered its previous action on the BBY
application by adopting a motion to deny said amendment to the CLUP and
referring to its staff the responsibility of drafting a proposed set of
findings based upon the contemporaneous record and documentation; and
13. On March 28, 1989, the Ramsey County District Court entered its TRO
restraining the City from approving and/or adopting findings on BBY's
application and setting a hearing on a temporary injunction for April 21,
1989; and
14. On May 22, 1989, the Ramsey County District Court dissolved the TRO dated
March 28, 1989, permitting, therefore, the adoption of these findings and
conclusion.
NOW, THEREFORE, upon all the records, files, documents, testimony, and the
arguments of counsel, the Maplewood City Council being fully advised, makes the
following:
FINDINGS OF FACT
1. That 426 units of high density multi-family housing proposed on this 31 acre
tract is incompatible with the immediate contiguous land uses to the
northwest, the west, and the south.
2. That to amend the CLOP from LSC to RH would render the CLUP designation in
conflict with the official controls of the zoning ordinance and therefore
illegal.
3. That the representations of BBY as to traffic impact from the proposed project
upon traffic on Gervais Avenue, White Bear Avenue, and TH 36 are inconsistent
with the knowledge and experience of the Council.
4. That BBY failed to establish that there has been a substantial change in
circumstances as to the subject property and surrounding neighborhood as to
warrant amending the CLUP from LSC to RH.
5. That BBY failed to establish that there was an erroneous basis for the
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_
amendment of the CLUP in 1983 as to the subject property when said CLUP was
amended from RH to LSC, consistent with the zoning thereon.
6. That BBY failed to establish that the City had any housing needs that BBY's
proposal would satisfy.
7. That the mere reference to housing objectives as set forth in CLUP are
insufficient and inadequate to justify an amendment thereto.
- 8. That the mere expenditure by BBY of time and money in preparation of this
application and development plans is, by itself, insufficient and inadequate
to provide a rational basis for a CLUP amendment.
9. That the present CLUP designation and zoning classification will result in a
commercial use of the subject property thereby expanding the City's tax base
without a corresponding demand for increased municipal services.
' Upon the above-cited findings of fact, the City Council makes the following:
CONCLUSION
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD:
1. That the application of BBY for an amendment of the CLUP from LSC to RH is
hereby denied.
2. That the application of BBY for a CUP fora PUD is hereby denied because the
Council cannot make the first finding required thereunder that the proposed
use is conformity with the City's CLUP.
3. That the burden of proof for the necessity of an amendment to the-CLUP is that
of the applicant and has not been met here.
4. That the 1983 amendment of the CLUP as it pertains to the subject property was
valid and BBY's challenge thereto is untimely and without standing.
Seconded by Councilmember Juker. Ayes - all.
2. Fish Creek Estates:
a. Three Code Variations
b. Approval of a "Relaxed Urban" Street Design
c. Preliminary Plat
1. Manager McGuire presented the staff report.
2. Director of Community Development Olson presented the specifics of the
proposal.
3. Councilmember Anderson moved to deny the application for preliminary plat
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_ _ _
Code vacations. Code variances, and "Relaxed Urban" street design based on the
fact that the proposed lots are not consistent with the Citv's Critical Area Plan.
Seconded by Councilmember Juker. Ayes - all.
3. Revocation of Permit - House Recreational Vehicle
a. Manager McGuire presented the staff report.
b. The following persons presented their opinions regarding the recreational
vehicle permit:
David Edsfall, 312 forest Avenue
Jeff House, 2090 East County Road D
David Supon, 3050 Hazelwood
c. Councilmember Bastian moved to table this Item until Mondav night's Council
me~tinq for the purpose of establishing a neighborhood meeting.
Seconded by Councilmember Anderson. Ayes - all.
H. NEW BUSINESS
1. 1990-1994 Capital Improvement Plan (4 Votes)
a. Manager McGuire presented the staff report.
b. Councilmember Juker moved to table this Item for two weeks until the meeting
of June 22. 1989.
Seconded by Councilmember Anderson. Ayes - all.
4. Code Amendment - Pipeline Setback (First Reading)
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson presented the specifics of the
proposal.
c. Commissioner Lorraine Fischer presented the Planning Commission report.
d. Councilmember Bastian moved to amend the proposed ordinances by adding
subsections to 9.218.
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson and Bastian;
Nays - Councilmember Juker.
e. Mayor Greavu moved first reading of an ordinance amending the pipeline
setback ordinance.
Seconded by Councilmember Anderson. Ayes - all.
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2. Pipeline Setback Variance Lot 15, Block 2, Hills and Dales Addition - Duluth and
)unction.
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the request.
c. Bernard Heroff, 2137 Duluth PTace commented on the .request.
d. Mayor Greavu moved to table for staff to investigate the oossibility of
finding an expert regarding pioeline variances on setback guidelines and resort back
in two weeks.
Seconded by Councilmember Bastian. Ayes - all.
3. Pipeline Setback Variance - Maplewood Meadows
a. Manager McGuire presented the staff report.
b. Bruce Mogren, representing the developers of Maplewood Meadows spoke on behalf
of their request.
c. Mayor Greavu moved to table for two weeks.
Seconded by Councilmember Bastian. Ayes - all.
5. Southlawn Traffic
a. Manager McGuire requested this item he tabled for two weeks.
b. Councilmember Juker moved to table Item H-5 for two weeks.
Seconded by Councilmember Anderson. Ayes - all.
6. White Bear Avenue and Burke Street - Street Light Request
a. Manager McGuire presented the staff report.
b. Council instructed staff to request Northern States Power Company to install
the street light at White Bear and Burke.
Councilmember Bastian left the meeting at 7:15 P.M.
7. Time Extension: Nome Occupation (2095 Larpenteur Avenue)
a. Manager McGuire stated the applicant has requested this be tabled until
Monday's meeting.
8. Motor Fuel Station Moratorium
a. Councilmember Juker moved to extend the motor fuel station moratorium until
August 28, 1989.
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Seconded by Councilmember Anderson. Ayes - all.
b. Commissioner Lorraine Fischer presented the Planning Commission report.
9. City Clean Up Day
a. Manager McGuire presented the staff report.
b. No action taken.
10. Cable History of Maplewood
j a. Manager McGuire stated Councilmember Anderson wishes that the history of
Maplewood be on Cable TV.
b. Councilmember Anderson moved to instruct staff to proceed with the procedures
of~establishing a Historv of Maplewood Committee and aresent it to Council.
Seconded by Mayor Greavu. Ayes - all.
11. Code Amendment: Off-Street Parking (First Reading)
a. Manager McGuire presented the staff report.
b. Mayor Greavu moved first reading of an ordinance amending the Citv's parking
design requirements.
Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmember Anderson;
Nay - Councilmember Juker.
12. Reschedule June 5, 1989, meeting
a. Manager McGuire presented the staff report.
' b. Councilmember Anderson moved that the .ioint meeting with the Council, Planning
Commission, and Parks and Recreation Commission be rescheduled to June 29. 1989, 6:00
P.M..
. Seconded by Mayor Greavu. Ayes - all.
I. COUNCIL PRESENTATIONS
1. Council/Park Board Meeting
a. Councilmember Anderson stated his concerns can be discussed at the 6-29-89
meeting. One of his concerns is if there is enough parking at the City's park sites.
2. Ramp on Highway 694
a. Councilmember Anderson was at the Maplewood Mall and all the new development
around the Mall, the City has better look into easier access to Maplewood especially
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entering Maplewood from the ramp at 694. His concerns are also when the semi phones
at various locations in the area are not functioning.
3. Old City Hall Plaque
a. Councilmember Anderson stated there is a plaque hanging in Old City Hall.
Shouldn't it be removed.
b. Staff will retrieve the plaque.
4. Dirt on Streets
a. Councilmember Anderson is concerned with the dirt put on streets by
developers.
b. Staff will investigate.
5.~ Recycling - Plastics
a. Councilmember Anderson stated Maplewood should join the other cities and ban
plastic containers.
b. Council directed this item be placed on the next agenda.
6. Dog Ordinance
a. Councilmember Anderson stated dogs are running constantly.
b. Staff will investigate.
7. Storm Water Area Tour with Engineers
a. Councilmember Anderson stated he would like the Council to take a tour of the
storm water areas.
b. Staff will set a date.
8. Meeting with Manager
a. Councilmember Juker questioned when the Council will meet with the Manager.
b. Councilmember Juker stated she will table this discussion until Monday night
meeting.
9. Maplewood Mall
a. Councilmember Juker stated there was a police officer stationed at the Mall,
since that officer retired will another be assigned to that duty.
b. Staff stated another officer has already been assigned to that duty.
10. Edgerton Street
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a. Councilmember Juker questioned if something is being done at 2177 Edgerton.
b. Staff is proceeding.
11. Easements
No discussion.
12. Bulk Storage
a. Councilmember Juker questioned why Bulk Storage did not provide a bond when
required to do so for the construction and for clean up of the property.
b. Staff will investigate.
13. Garbage Fees
a. Mayor Greavu requested staff to research what license garbage haulers charge
their customers or various rates.
b. Staff stated the City can publish the list of contractors but not the rates.
J. ADMINISTRATIVE PRESENTATIONS
1. Code Review - R-3 District
No discussion.
K. ADJOURNMENT OF JUNE 8, 1989 MEETING. 7:30 P.M.
L. RECONVENE: CALL JUNE 12. 1989 MEETING TO ORDER
Mavor Greavu called the regular meeting of the City Council of Maplewood. Minnesota,
to order at 7:02 P.M.
M. 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
G. UNFINISHED BUSINESS (Continued)
3. Revocation of Permit - House: Recreational Vehicle Permit
a. Manager McGuire stated this item had been tabled from the June 8, 1989 meeting
to allow time for Councilmember Bastian to meet with residents.
b. Councilmember Bastian stated he had not been able to establish a meeting date
12 06-08-89/06-12-89
with the residents and moved this Item be tabled to June 22. 1989.
Seconded by Councilmember Juker. Ayes - all.
H. UNFINISHED BUSINESS
7. Time Extension: Home Occupation (2095 East Larpenteur Avenue)
a. Manager McGuire stated the applicant has asked this be tabled for two weeks.
b. Mayor Greavu moved to table this Item until the June 22 1989.
Seconded by Councilmember Juker. Ayes - all.
N-A PRESENTATIONS
1. Parks and Recreation Commission
a. Manager McGuire presented the staff report.
b. Director of Parks and Recreation Odegard presented the Parks and Recreation
Commission report.
c. Cathy J. Tollefson, 2587 Pond Avenue, one of the applicants, answered
questions from the Council.
d. Mayor Greavu moved to appoint Cathv J. Tollefson to the Parks and Recreation
Commission for a term exairino December 31, 1991.
Seconded by Councilmember Juker. Ayes - all.
e. Michael D. Fieberger, 498 Morris, the applicant, answered questions from the
Council.
f. Mayor Greavu moved to appoint Michael D. Fieberoer to the term ending December
31, 1989.
Seconded by Councilmember Bastian. Ayes - all.
N. PUBLIC HEARINGS
1. 7:00 P.M., Geranium/Ferndale Storm Sewer Project 87-21 - Assessment Hearing
a. Mayor Greavu convened the meeting for a public hearing regarding the adoption
of the proposed assessment roll for the Geranium/Ferndale Storm Sewer Project 87-21.
b. City Attorney Patrick Kelly explained the procedures for the public hearing to
adopt the assessment roll.
c. Manager McGuire presented the staff report.
d. Director of Public Works Haider presented the specifics of the proposal.
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e. Mayor Greavu called for proponents. None were heard.-
- f. Mayor Greavu called for opponents. The following were heard:
Mary Jane Schuller, 2648 Geranium Avenue
_ Guy Peterson, 2707 Geranium Avenue
Bernadine Mortenson, 2638 Geranium Avenue
William DeMoully, 2645 Geranium Avenue
g. Mayor Greavu closed the public hearing.
h. Councilmember Bastian moved to derv the assessment orocedures and refer it to
staff for alternatives to assessments.
Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson and Bastian;
Naffs - Mayor Greavu, Councilmember Juker.
Motion failed.
i. Councilmember Bastian moved to table this Item until June 26. 1989, when there
will be a full Council.
Seconded by Councilmember Juker. Ayes - all.
2. .7:10 P.M. Rezoning (4 Votes) and Preliminary Plat: C. Little Addition.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Alan Kretman, Gemstone Development, Inc., to rezone the property on County Road B
west of Arcade Street and for preliminary plat approval for 25 single family lots.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson and Director of Public Works presented
the specifics of the proposal.
d. Commissioner Lorraine Fischer presented the Planning Commission report.
e. Al Kretman, Architect, and Dennis Peck, developer, spoke on behalf of the
proposal.
f. Mayor Greavu called for proponents. None were heard.
g. Mayor Greavu called for opponents. The following. were heard:
Resident, 688 East County Road B
.Terry Petersen, 2190 Payne Avenue
Doug Apsahl, 2182 Payne Avenue
Lester from Wayne and Janice Frankenberg, 696 East County Road B
h. Mayor Greavu closed the public hearing.
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i. Mayor Greavu introduced the following resolution and moved its adoption.
89-6-86
WHEREAS, the procedural history of this rezoning is as follows:
1. This rezoning was initiated by Gemstone Development Inc., pursuant to
Chapter 36, Article VII of the Maplewood Code of Ordinances.
_ 2. This rezoning was reviewed by the Maplewood Planning Commission on May 15,
1989. The Planning Commission recommended to the City Council that said
rezoning be approved.
3. The Maplewood City Council held a public hearing on June 12, 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
this chapter. The subdivision meets all ordinance requirements.
2. The proposed rezoning does not substantially injure or detract from the
use of neighboring property or from the character of the neighborhood.
The proposal respects the use of the adjacent property and is reasonably
consistent in terms of lot size and width with such adjoining properties.
3. The proposed change will serve the best interests and conveniences of the
community, and the general public welfare.
4. The proposed change would have no negative effect upon or result in any
change to the logical, efficient, and economical extension of public
services and facilities, such as public water, sewers, police and fire
protection and schools. All but on-site.public utilities are already in
place and drainage is adequately accommodated.
Seconded by Councilmember Juker. Ayes - all.
j. Councilmember Anderson moved to approve the oreliminary plat of C. Little
Canada Addition sub.iect to the following conditions being satisfied before final plat
approval:
1. Final grading, utility, drainage, erosion control and street plans must be
approved by the City Engineer.
2. The grading plan shall include a proposed building pad elevation and
contour information for each home site, as well as the areas to be
disturbed for street construction. Housing styles shall be designated
which minimize grading on sites that contain trees to be preserved.
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Deviation from this approved grading plan may be permitted by the City
Engineer, provided that the intent of the overall grading plan is complied......
with.
3. Submit a signed developer's agreement with required surety for all
required public improvements, erosion control, and tree planting to the
City Engineer. This agreement shall include a requirement for the
placement of temporary fencing, during construction, around trees to be
saved.
4. Approval of a tree removal and planting plan by the Director of Community
development before grading or construction begins or final .plat approval
is given. This plan must designate the trees that are to be removed,
those that are to be retained, and those that are to be replanted.
5. The provision of on and off-site drainage easements as required by the
City Engineer.
6. Revise "Kenwood Drive" to "Greenbriar Court".
7. Restriction placed in agreement that recreational vehicles must be
garaged.
Seconded by Mayor Greavu. Ayes - all.
3. 7:20 P.M., conditional Use Permit: 1580 Sterling Street (Jamieson)
a. Mayor Greavu convened the meeting pertaining to a request of Donald and
Colleen Jamieson, 1580 Sterling, for approval of a conditional use permit to construct
an addition to their home over the existing garage.
b. Manager McGuire presented the staff report.
c. Commissioner Fischer presented the Planning Commission report.
d. Donald Jamieson, 1580 Sterling, the applicant, spoke on behalf of the
proposal.
e. Mayor Greavu called for proponents or opponents. None were heard.
f. Mayor Greavu closed the public hearing.
g. Councilmember Anderson introduced the following resolution and moved its
adootion•
89-6-87
WHEREAS, Donald and Colleen Jamieson initiated a conditional use permit for
construction of an addition over the existing garage at the following described
property:
Ex N 80 feet, Lots 10 and 11, Block 2, Bradley Oaks
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This property is also known as 1580 Sterling Street North, 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 June 5, 1989. The Planning Commission recommended to the
City Council that said permit be
2. The Maplewood City Council held a public hearing on June 8, 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 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, 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 run-off, 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 properties.
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:
17 06-12-89
1. This permit shall be subject to review after one year from the date of
approval, based on the procedures in City Code.
2. All code requirements shall be met.
Seconded by Councilmember Bastian. Ayes - all.
4. 7:30 P.M., Code Amendment: R 6 District (Second Reading 4 Votes)
a. Mayor Greavu convened the meeting for a public hearing regarding the proposed
code amendment in the R6 District. This amendment would have no substantial effect on
the code. It is mainly to rectify some outdated language.
b. Manager McGuire presented the staff report.
c. Mayor. Greavu called for proponents and opponents. None were heard.
d. Mayor Greavu closed the public hearing.
e. Councilmember Anderson introduced the following ordinance and moved its
adootion•
ORDINANCE N0. 643
AN ORDINANCE PERTAINING TO ACCESSORY USES IN THE RE, RESIDENTIAL ESTATE
DISTRICT
THE MAPLEWOOD CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 36-82 is hereby amended as .follows (deletions-are crossed
out):
Section 36-82. Accessory uses. Prohibited uses.
Any accessory use permitted in an R-1 Residence District (single dwelling) is
permitted in the RE, residence estate district.
Any prohibited use in the R-1 district is prohibited in the RE district.
Section 2. This ordinance shall take effect upon is passage and publication.
Seconded by Councilmember Bastian. Ayes - all.
5. 7:40 P.M., Hazelwood Heights
a. Rezoning (4 Votes)
b. Variations
c. Preliminary Plat
18 06-12-89
1. Mayor Greavu convened the meeting for a public hearing regarding the request
of Ed Cave and Sons, Inc., for rezoning property located on County Road C and
Hazelwood from F, farm residence district, to R-1, single dwelling residence district;
approval of a preliminary plat for 13 lots known as Hazelwood Heights; and two lot
width variations.
2. Manager McGuire presented the staff report.
3. Director of Community Development Olson presented the specifics of the
improvement.
4. Commissioner Fischer presented the Planning Commission report.
5. Sam Cave, representing Ed Cave and Sons, Inc., the applicant, spoke on behalf
of the proposal.
6. Mayor Greavu called for proponents and opponents. None were heard.
7. Mayor Greavu closed the public hearing.
8. Mayor Greavu introduced the following resolution and moved its adoption:
89-6-88
WHEREAS, Ed Cave and Sons, Inc., has initiated a rezoning from F, farm
residence district, to R-1, single-family dwelling residence district, for the
following described property:
The West 578 feet of the South 1,310 feet of the Southwest i/4 of the
Southeast 1/4 of Section 3, Township 29, Range 22, except the North 800 feet
and except the West 264 feet of the South 330 feet.
This property is also known as 1585 County Road C, Maplewood;
WHEREAS, the procedural history of this rezoning is as follows:
1. This rezoning was initiated by Ed Cave and Sons, Inc., pursuant to Chapter
36, Article VII of the Maplewood Code of Ordinances.
2. This rezoning was reviewed by the Maplewood Planning Commission on May 15,
1989. The Planning Commission recommended to the City Council that said
rezoning be approved.
3. The Maplewood City Council held a public hearing on June 8, 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:
19 06-12-89
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 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 water, sewers, police and fire protection and schools.
Seconded by Councilmember Juker. Ayes - all.
" 9. Mayor Greavu moved to the two lot width variations for Lots 2 and 13 Block 1
Hazelwood Heights on the basis that:
1. They would not adversely affect the plan or spirit of the subdivision
regulations.
2. The street is located to meet the sideyard setback to the existing house.
Seconded by Councilmember Anderson. Ayes - all.
10. Mayor Greavu moved to aoarove the oreliminary slat for Hazelwood Heights,
subject to the following conditions being satisfied arior to final plat aaaroval:
1. Approval of final grading, utility, drainage, erosion control-and street
plans by the City Engineer.
2. The grading plan shall include a proposed building pad elevation and
contour information for each home site, as well as the areas to be
disturbed for street construction. Deviation from this approved grading
plan may be permitted by the City Engineer, provided that the intent of
the overall grading plan is complied with.
3. Submit a signed developer's agreement with required surety for all
required public improvements, the off-site storm sewer, erosion control
and tree planting to the City Engineer.
4. The provision of drainage easements as may be required by the City
Engineer.
5. .Approval by the Director of Parks and Recreation of the off-site grading
and location of the storm sewer to the pond.
6. Payment of a deferred sanitary sewer assessment of $1,284.
7. Change "Hazelwood Court" to "Germain Court".
20 06-12-89
Seconded by Councilmember Anderson. Ayes - all.
11. Councilmember Juker moved to request staff to exalain the difference between
variations and variances.
Seconded by Councilmember Anderson. Ayes - all.
6. 7:50 P.M., Rezoning (4 Votes) and Preliminary Plat - Beth Heights Addition
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Chad D. Lemmons for approval of a preliminary plat to create 52 single-dwelling
lots and three outlots on the north side of Linwood Avenue. Outlot A would be a
walkway access to Vista Hills park, Outlot 6 is the water tower site and Outlot C is
proposed to be bought by the City of St. Paul as a buffer for the police department's
shooting range to the east. Staff is recommending the rezoning from F, farm residence
to R-1, single dwelling residential for compatibility with the Land Use Plan.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the
proposal.
d. Commissioner Fischer presented the Planning Commission report.
e. Chad Lemmons, the developer, spoke on behalf of the proposal.
f. Mayor Greavu called for persons who wished to be heard for or against the
proposal. The following residents expressed their views:
James Kayser, 2516 Linwood Avenue
Adele Vordenbrugger, 2578 Linwood
Dave Rydel, 2596 Linwood
g. Mayor Greavu closed the public hearing..
h. Councilmember Anderson introduced the following resolution and moved its
adoption:
89-6-89
WHEREAS, the City of Maplewood initiated a rezoning from F, farm residential
to R-1 Single Dwelling for the following described property:
The southwest quarter of the southeast quarter of Section 12, Township 28,
Range 22, Ramsey County, Minnesota.
WHEREAS, the procedural history of this rezoning is as follows:
1. This rezoning was initiated pursuant to Chapter 36, Article VII of the
Maplewood Code of Ordinances.
21 06-12-89
2. This rezoning was reviewed by the Maplewood Planning commission on May 23,,-
1989. The Planning Commission recommended to the City Council that said
rezoning be approved.
3. The Maplewood City Council held a public hearing on June I2, 1989
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 LITY 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 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 water, sewers, police and fire protection and schools.
Seconded by Mayor Greavu. Ayes - all.
i. Councilmember Anderson moved approval of the Beth Heights Addition preliminary
plat (plans received March 2 1 989) subiect to the following conditions being
satisfied before final olat approval:
1. Approval of final grading, utility, drainage, erosion control, and street
plans by the., City Engineer.
2. The grading plan shall include a proposed building pad elevation and
contour information for each home site, as well as the areas to be
disturbed for street construction. Housing styles shall be illustrated
which minimize grading on sites that contain desirable mature trees and
steeper slopes. Deviation from this approved grading plan may be
permitted by the City Engineer, provided that the intent of the overall
grading plan is complied with.
3. Submit a signed developer's agreement with required surety for all
required public improvements, dedication of necessary easements, erosion
control, and tree planting to the City Engineer.
4. Approval of a tree removal and planting plan by the Director of Community
Development before grading or construction begins, or final plat approval
is given. This plan must illustrate the trees that are to be removed,
22 06-12-89
those that are to be retained, and those that are to be replanted.
5. Deed restrictions shall be filed on Lots 1-5, Block 1, "prohibiting
construction of any deck or addition attached to the dwelling, within 100
feet of the Williams Brothers pipeline, unless the building would be
protected from the radiant heat of an explosion by burning or other
physical barrier as required by code."
6. All present outbuildings associated with the existing dwelling shall be
removed. The existing dwelling shall be removed or relocated to meet
setback requirements on Lot 7, Block 2, or if this dwelling is to remain
in its present location, the lots to the north shall be adjusted so a 31-
foot rear-yard setback can be met from the proposed north lot line.
7. Dedication of Outlot A and Lot 1, Block 1 to the City for a parking lot
for Vista Hills Park, in lieu of park availability charges.
8. The City awarding contracts for the Sterling Street improvement project or
the developer constructing sanitary sewer to the existing sanitary sewer
in Linwood Avenue.
9. Deeding Outlot B to the City.
Seconded by Mayor Greavu. Ayes - all.
7. 8:00 P.M., Variances: 3M Center
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of 3M for approval of a variance for all of 3M Center to continue using parking spaces
that measure 9 by 18 feet. The following variances are being requested:
1. One-foot parking stall width variance;
2. One-foot parking stall length variance when open parking stalls would abut
a curb;
3. Two-foot parking stall length variance for parking ramp spaces (since
there would be no bumper overhand).
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the
proposal.
d. Bob Owens, Transportation Engineer for 3M Center, spoke on behalf of the
request.
e. Mayor Greavu called for proponents and opponents. None were heard.
f. Mayor Greavu closed the public hearing.
g. Councilmember Anderson introduced the following resolution and moved its
23 06-12-89
adoption:
89-6- 90
WHEREAS, 3M Company applied for a variance for the following described
property:
VAC STS ACCRUING & FO L• L 1 B 1 CARLTON PK LS 3-12 ELLEN GROVE EX LS 1&2 B 8 &
EX PT SELY OF HWY OF LS 1,15 & 16 B5; ALL OF TANNERS LAKE OUTLOTS & EX S 290 FT OF
E 168.84 FT OF W 188.84 FT; PT W OF CARLTON ST OF S 2/3 OF W 1/2 OF E 3/4 OF SW
1/4 OF NE 1/4 & EX N 785 FT OF NW 1/4 OF NW 1/4; THE NW 1/4 & EX N 5 AC; THE W 1/8
OF NE 1/4 & EX NSP CO SUB STA & EX PT SLY OF HWY 94; THE SW 1/4 (SUBJ TO ESMTS &
HWYS) IN SEC 36 TN 29 RN 22.
This property is also known as 3M Center, Maplewood;
WHEREAS, Section 36-22 of the maplewood Code of Ordinances requires that
parking spaces be at least ten feet wide by 20 feet deep, except that half of the
total number of spaces may be nine feet wide;
WHEREAS, the applicant is proposing stalls that are 18 feet deep by nine feet
wide, requiring a variance of one foot of stall width and two feet of stall depth;
WHEREAS, the procedural history of this variance is as follows:
1. This variance was applied for on May 23, 1989.
2. This variance was reviewed by the Maplewood Community Design Review Board
of May 23, 1989. The Board recommended to the City Council that said
variance be approved.
3. The Maplewood City Council held a public hearing on June 12, 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 statements. The Council also considered
reports and recommendations of the City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above-
described variance be approved on the basis of the following findings of fact:
1. Strict enforcement of the ordinance would cause undue hardship because 3M
Center has been developed in a manner to fit future parking facilities
within the established complex, based on Maplewood's previous parking code
that did not specify a stall size minimum. The allocated parcels of land
for future parking, therefore, would not accommodate stalls of the
currently required size. -The stall lengths and widths are limited by the
.existing building and street locations.
2. The variance would meet the spirit and intent of the ordinance since the
proposed parking facilities would be for the exclusive use of 3M Center.
Any potential operational problems involving this facility would involve
3M and its employees without public involvement.
24 06-12-89
3. The ordinance permits nine-foot-wide stalls for "owner-occupied multiple
dwellings". Since 3M owns and occupies 3M Center, the nine-foot-wide
stalls would, therefore, be consistent with the intent of the ordinance.
4. 3M's parking spaces would be consistent with the proposed parking
ordinance.
Seconded by Mayor Greavu. Ayes - all.
0. VISITOR PRESENTATIONS
1. Larry Bordson, 1733 Agate
a. Mr. Bordson stated the land on Adolphus just north of Larpenteur that is used
for ponding is being sold as tax forfeited lands. Is there a possibility that the
City investigate acquiring the land.
b. Councilmember Bastian moved to authorize staff to contact Ramsev Countv
regarding this oroperty.
Seconded by Councilmember Anderson. Ayes - all.
P. ADJOURNMENT OF JUNE 12. 1989 MEETING
9:53 P.M.
City Clerk
25 06-12-89