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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. 1 06-08-89 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 2 06-08-89 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. 3 06-08-89 1 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 4 06-08-89 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 5 06-08-89 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 6 06-08-89 _ 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 7 06-08-89 _ _ _ 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. 8 06-08-89 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. 9 06-08-89 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 10 06-08-89 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 11 06-08-89 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. 13 06-12-89 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. 14 06-12-89 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. 15 06-12-89 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 16 06-12-89 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