HomeMy WebLinkAbout08.14.89 and 08.17.89 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, August 14, 1989
and
4:30 P.M., Thursday, August 17, 1989
Council Chambers, Municipal Building
Meeting No. 89-18
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota, was held in the
Council Chambers, Municipal Building, and was called to order at 7:02 P.M.
B. ROLL CALL
John 0. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
Frances L. Juker, Councilmember Present
George F. Rosabach, Councilmember Present
C. APPROVAL OF MINUTES
1. Minutes of Meeting No. 89-16 (July 6 and 10, 1989).
Councilmember Anderson moved to approve the Minutes of Meeting No. 89-16
(JUly 6 and 10. 19891 as corrected:
Page 1, "Piles", not "Pits"
Page 6, Item I-1 c "told"
Seconded by Councilmember Roesbach. Ayes - all.
2. Special Meeting, July 17, 1989
Councilmember Anderson moved to approve the Minutes of Special Meetino,
July 17, 1989, as corrected:
Add to second paragraph: "The Manager will obtain a list of all permits and
licenses issued by each department and present the list to the Council."
Seconded by Councilmember Bastian. Ayes - all.
3. Minutes of Meeting No. 89-17 (July 20 and 24, 1989)
Ccuncilmember Anderson moved to approve the Minutes of Meetino No. 89-17
1July 20 and 24, 1989) as corrected:
Page 13, "Alternate"
- Seconded by Councilmember Bastian. Ayes - all.
1 8-14-89
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the Agenda as amended:
1. Estate Zone
2. Water Department
3. St. Paul Pioneer Press
4. Fins Dirt Pile
5. Elm Trees
6. Street Name Change
7. Soil and Aggregate Stock Pits -
8. Contour Models
9. 1343 Kohlman
10. Parking Lots -
Seconded by Councilmember Bastian. Ayes - all.
E. .CONSENT AGENDA
Councilmember Juker moved to table Item E-4 indefinitely.
Seconded by Councilmember Bastian. Ayes - all.
Mayor Greavu moved. Seconded by Councilmember Juker, Aves - all to approve the
Consent Agenda items 1. 2 3 and 5 through 8 as recommended
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE:
609,437.89 Checks #4578 - #4652
Dated 7-13-89 thru 7-31-89
S 133.160.27 Checks #1641 - #1788
Dated 8-10-89
$ 742,598.16 Total per attached voucher/check register
PAYROLL•
PAY PERIOD ENDING 7-21-89:
$ 180,002.45 Payroll Checks
$ 33,860.59 Payroll Deductions
$ 213,863.04 Total Payroll
2 8-14-89
i
PAY PERIOD ENDING 6-4-89:
$ 174,675.05 Payroll Checks
$ 33,324.22 Payroll Deductions
$ 207,999.27 Total Payroll
$1,164,460.47 GRAND TOTAL
2. Street Lighting for Skating Rink at Kohlman Park
Approved the installation of the street light on Cypress Avenue in Kohlman
Park by N.S.P. The coat of the installation underground and pole of -
$1,344 will be paid from PAC Funds (403-803-343-4720)
3. Conditional Use Permit Renewal: 1770 Gervaia Avenue (SChwan's Sales Enterprises)
Approved the renewal of the conditional use permit for Schwan's Sales
Enterprises, Inc., for five years, subject to the original conditions of
approval.
- 4. Street Vacation: Walter Street
Tabled indefinitely.
5. Budget Transfer: Publishing Account - City Clerk
Approved the budget transfer of $1200 from the General Contingency Account
to Account 101-301-4360 to cover the cost of publishing legal notices.
6. Resolution: Pre Breath Tester (PBT) -
Resolution No. 89 - 8 - 119
BE IT RESOLVED THAT THE CITY OF MAPLEWOOD enter into an agreement with
the State of Minnesota, Department of Public Safety, for the purpose of
receiving from the State of Minnesota, Department of Public Safety,
preliminary breath test instruments on a loan basis for use by law
enforcement officers to assist in the detection of motorists who may be in
violation of Minnesota Statutes Section 169.121, or local ordinances in
conformity therewith.
BE IT FURTHER RESOLVED that the Director of Public Safety and City
Clerk be and they hereby are authorized to execute such agreement.
7. Donation: Paramedic
3 8-14-89
Accepted the donation of the Concordia Arms Resident Council in the amount
of $50.00 with appreciation and that the donation be deposited in the
paramedic Gift Fund Account 101-403-4600.
8. Change Order: Painting of interior of Cope Avenue Water Tank
Approved a change order in the amount of $5,935.00 to repair the failures
in the dry riser tube of the inside of the Cope Avenue Water Tank.
Original Budget Amount $110,000
Original Contract Amount 62,010
Amount of Change .Order 5,935
' Amended Contract Amount 87,945
F. PUBLIC HEARINGS
1. 7:00 P.M., Conditional Use Permit: 1194 E. County Road C (Lakview Lutheran
Church).
a. Mayor Greavu convened the meeting for a public hearing regarding the
request of Lakeview Lutheran Church for a conditional use permit to
operate a pre-school child care center in the education building of the
Church.
b. Manager McGuire presented the Staff report.
c. Director of Community Development Olson presented the specifics of the '
proposal
d. Commissioner Ralph Sletten presented the Planning Commission
recommendation.
e. Margie Munter, 2550 Taylor Avenue, White Bear Lake, the operator of
the pre-school center, spoke on behalf of the proposal.
f. Mayor Greavu called for proponents or opponents. None were heard.
g. Mayor Greavu closed the public hearing. I
i
i. Councilmember Roesbach introduced the followinc resolution and moved
its adootion•
89 - 8 - 120
WHEREAS, Lakeview Lutheran Church initiated a conditional use permit -
to operate a day care center at the following-described property: 1194 E.
County Road C
4 8-14-89
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 July 17, 1989. The Planning
Commission recommended to the City Council that said
permit be approved.
2. The Maplewood City Council held a public hearing on August
14, 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, BEIT 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 urea, 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,
each 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.
5 8-14-89
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 ie subject to the following conditions:
1. This permit shall be subject to review after one year from
the date of approval, based on the procedures in City
Code.
2. The owner/operator acquiring all necessary approvals and
licenses from the State of Minnesota to operate the day
care facility.
3. The day care center be maintained and operated in such a
manner as to not create any nuisancesfor nearby
properties.
Seconded by Councilmember Juker. Ayes - all.
2. 7:10 P.M., Preliminary Plat Revision: Woods and Ponds
a. Mayor Greavu convened the meeting for a public hearing regarding the
request of Ed Cave and Sons, Inc., a revision to an approved preliminary
plat (Cave's Currie Street Addition) to increase the number of lots by
four to create a total of 19 single-family home sites and a variance to
the zoning code to allow the construction of three single family dwellings
within the required rear-yard setback.
b. Manager McGuire presented the Staff report.
c. Director of Community Development Olson presented the specifics of the
proposal.
d. Commissioner Ralph Sletten presented the Planning Commission
recommendation.
e. Sam Cave, representing Ed Cave and Sons, Inc., spoke on behalf of the
revision request.
f. Mayor Greavucalled for persona who wished to be heard for or against
the proposal. The following were heard:
Kathy Mandal, 1615 Myrtle
Joe Zappa, 2522 Flandrau
g. Mayor Greavu closed the public hearing.
h. Councilmember Bastian moved to reovest additional review from the Soil
Conservation Service District for both pond and a recommendation of how
the ponds can be improved.
6 8-14-89
i
li
Seconded by Councilmember Anderson. Ayes - all.
i. Councilmember Bastian moved that staff obtain soil reports recardinc
the buildability of Lots 2„3 and 4, Block 1, of the preliminary plat.
Seconded by Councilmember Juker. Ayes - all.
j. Councilmember Bastian moved to table Item F-2 until the reports are ~
completed. '
Seconded by Councilmember Juker. Ayes - al L
3. 7:20 P.M., Conditional Use Permit: 2210 White Bear Avenue (Used Car Lot)
a. Mayor Greavu convened the meeting for a public hearing regarding the
request of General Advancement Corporation for a conditional use permit to
operate a used car sales business.
b. Manager McGuire presented the Staff report.
c. Director of Community Development Oleon presented the specifics of the
proposal.
d. Commissioner Ralph Sletten presented the Planning Commission
recommendation.
e. John Tappon, the applicant, spoke on behalf of the proposal.
f. Mayor Greavu called for persons who wished to be heard for or against
the proposal. The following were heard:
Stan Zimmerman, 2200 white Bear Avenue
g. Mayor Greavu closed the public hearing.
h. Councilmember Bastian moved to approve the conditional use permit as
reavested by General Advancement Corporation to operate a used car lot at
2210 White Bear Avenue with the following conditions:
1. A license for the sale of used bars shall be obtained.
2. Exterior security lighting shall be provided around the
car sales areas. All security lighting shall be directed
or shielded so as not to cause any undue glare onto
adjacent properties or roadways.
3. State approved reflectorized stop signs shall be provided
at all exits.
4. There shall be no more than six (6) used vehicles for sale
on the site at one time. This condition shall be subject
7 8-14-89
to change when the conditional use permit is reviewed at
the time of renewal.
5. External noises shall be unobtrusive on adjacent '
properties. Noises shall not exceed 50 decibels (normal
' conversation level) on adjacent properties.
6. The drive and parking area on the south side of the
building shall be surfaced with bituminous and shall have
a continuous 6 inch-high concrete curb around the
perimeter. The curb shall be at least five feet from the
property line.
7. Parking shall be allowed on bituminous areas only. All
parking spaces shall be striped to meet City standards (9
foot-wide stalls designated for employee parking only and
9.5 foot-wide stalls for public and sales stalls). The
total number of off-street parking stalls shall be subject.
to the approval of parking reduction authorization. The
number of required parking stalls are in addition to those
stalls designated for sales. The perimeter of the parking
areas shall have a continuous 6 inch-high concrete curb
which shall be subject to City staff approval. The
storage area behind the buildings shall be excluded from
the requirements contained in this condition.
8. All drive aisles shall be maintained to City standards for
width and design. No parking shall be permitted in the
drive aisles.
9. All wood, snowmobiles, portable signs and miscellaneous
junk shall be removed from the site prior to the sale of -
vehicles.
10. There shall be no exterior storage of inoperable vehicles
or parts of vehicles anywhere on the property in question,
except in approved storage areas.
11. As shown on the attached site plan, one-hundred percent (100)
opaque screening shall be provided across the fronts of
the storage areas as viewed from White Bear Avenue. The
screening shall be subject to City staff review and
approval. Screening around the remainder of the storage I
area shall be required within sixty (60) days of the
issuance of a building permit for the property immediately
to the east of the site and shall be subject to City staff
review and approval.
12. If any building remodeling is to occur, satisfactionof
all requirements of the Building Official and Fire
Marshal.
8 8-14-89'`" I
13. No vas of streamers, pennants, flags, flashing signs, or
other obnoxious sale devices unless approved Community
Design Review Board.
14. Verify property lines.
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers
Bastian, Juker and Roesbach
Nay - Councilmember Anderson
i. Councilmember Anderson introduced the followin resolution and moved
its adootion•
89 - 8 - 121
WHEREAS, General Advancement Corp. initiated a conditional use permit
to operate a used car sales business at the following-described property:
This property is also known as 2210 White Bear Avenue, 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 July 17, 1989. The Planning
Commission recommended to the City Council that said
permit be approved.
2. The Maplewood City Council held a public hearing on August
14, 1989. Notice thereof was published and, mailed
pursuant to law. All persona 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.
9 8-14-89
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, duet, 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 ae streets, police, fire protection, utilities, -
echools and parks.
_ 8. The use would not create excessive additional requirements
at public coat 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 effect e.
Approval is subject to the following conditions:
1. Adherence to the site plan, dated June 20, 1989.
2. This permit shall be subject to review after one year from
the date of approval, based on the procedures in City
Code.
3. Conditions 1-11 of the Staff report dated June 20, 1989.
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers
Bastian, Juker and Rossbach
Nay - Councilmember Anderson.
- 4. 7:30 P.M., White Bear Avenue, Mogren
a. Plan Amendment (4 Votes)
b. Rezoning (4 Votes)
c. Street Vacation
1. Mayor Greavu convened a meeting for a public hearing regarding
the request of Gerald Mogren for the following:
a. A plan amendment from LSC, limited service
commercial to SC, service commercial and a
10 8-14-89 :
rezoning from F, farm residence to BC, business
commercial for the 1.35 acre parcel of land north
of 2500 White Bear Avenue.
b. Vacation of the East Demont Avenue and German
Street right-of-ways adjacent to this property.
Staff ie proposing:
a. Rezoning the property in question and all of the
property to the north edge of Ramsey County Ditch
18 to BC(M), Commercial District (Modified). This
zoning would be consistent with Land Uae
designation for the area. (See the maps on pages
7, 8 and 9).
b. Vacation of the East Demont Avenue right-of-way
between German Street and Ariel Street.
c. Vacation of the remainder of the German Street
right-of-way between Edgehill Road and Eleventh
Avenue.
2. Manager McGuire presented the staff report.
3. Director of Community Development Olson presented the
specifics of the proposal.
4. Commissioner Ralph Sletten presented the Planning Commission
recommendation.
5. Gerald Mogren, the applicant, spoke on behalf of the proposal.
6. Mayor Greavu called for proponents or opponents. None were
heard.
7. Mayor Greavu closed the public hearing.
8. Councilmember Anderson introduced the following resolution and
moved its adoption: (Plan Amendment)
89 - 8 - 122
WHEREAS, Gerald Mogren initiated an amendment to the Maplewood
Comprehensive Plan from LSC, limited service commercial, to SC,
service commercial, for the following described property:
1.36 acre parcel north of 2500 White Bear Avenue
WHEREAS, the procedural history of this plan amendment is ae
follows:
11 8-14-89
1. The. Maplewood Planning Commission held a public
hearing on July 17, 1989, to consider this plan
amendment. Notice thereof was published and
mailed pursuant to law. All persona present at
said hearing were given an opportunity to be heard
and present written statements. The Planning
Commission recommended to the City Council that
said plan amendment be approved.
2. The Maplewood City Council considered said plan
amendment on August 14, 1989. The Council
considered reports and recommendations from the
Planning Commission and City staff. j
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL
that the above-described plan amendment be approved.
Seconded by Councilmember Bastian. Ayes - all.
9. Councilmember Anderson introduced the following resolution and
moved its adoption: (Rezoning)
89 - 8 - 123
WHEREAS, Jerry Mogren initiated a rezoning from F to BC far '
the following-described property: -
Subject to White Bear Avenue, 12th Avenue and German
Street and Ex S 495 ft part of NW 1/4 of SE 1/4 of NW 1/4
E of CL of White Bear Ave in Sec. 11, TN 29, Rn. 22,
including the street right-of-way;
WHEREAS, the procedural history of this rezoning is as
follows: I
1. This rezoning was initiated by the City of
Maplewood, pursuant to Chapter 36, Article VII of
the Maplewood Code of Ordinances.
2. This rezoning was reviewed by the Maplewood
Planning Commission on July 17, 1989. The
Planning Commission recommended to the City ~
Council that said rezoning be approved.
~I
3. The Maplewood City Council held a public hearing
on August 14, 1989, to consider this rezoning.
Notice thereof was published and mailed pursuant
to law. All persona present at said hearing were
given an opportunity to be heard and present
written statements. The council also considered
12 8-14-89
reports and recommendations of the City staff and
Planning commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL
that the above-described rezoning be approved on the basis of the
following findings of fact:
1. The proposed change is consistent with the spirit,
purpose and intent of the zoning code.
2. The proposed change will not substantially injure
or detract from the use of neighboring property or
from the character of the neighborhood, and that
the use of the property adjacent to the area
included in the proposed change or plan ie
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.
10. Councilmember Bastian introduced the following resolution and moved its
adoption: (Street Vacation)
89 - 8 - 124
WHEREAS, the City of Maplewood initiated proceedings to vacate
the public interest in the following-described property:
The German Street right-of-way between a 60-foot westerly
extension of the north line of Lot 15, Block 5, Maplewood
Addition, North St. Paul to a 30-foot westerly extension
of a line parallel to and 30 feet south of the south line
of Lot 16, Block 8, Maplewood Addition, North St. Paul;
and the German Street right-of-way between a 30-foot
easterly extension of the south line of the following
described property:
SUBJ TO WHITE BEAR AVE 12TH AVE AND GERMAN ST AND
EX S 495 FT PART OF NW 1/4 OF SE 1/4 OF NW 1/4 E
OF CL OF WHITE BEAR AVE IN SEC 11, TN 29, RN 22
13 8-14-89
1
and a 30-foot easterly extension of the south line of the
following described property:
THE E 199.93 FT OF N 180 FT OF S 345 FT OF NW 1/4
OF SE 1/4 OF NW 1/4 (SUBJ TO RD & ESMTS) IN SEC
11, TN 29, RN 22 -
and the East Demont Avenue right-of-way between a 30-foot
southerly extension of the west line of Lot 16, Block 8,
Maplewood Addition, North St. Paul and the westerly right-
. of-way line Ariel Street
WHEREAS, the following adjacent properties are affected:
SUBJECT TO PONDING ESMT IN DOC NO. 2062039 & 40;
THE FOL: PART OF LOTS 1 THRU 9 BLK 6. LYING NLY OF
FOL DESC L; BEG ON EL OF & 60 FT S OF NE COR OF
' LOT 1 TH NWLY TO PT ON WL OF & 33 FT S OF NW COR
OF LOT 4 TH NWLY TO & TERM AT PT ON NL OF & 13.10
FT W OF NE COR OF LOT 9, BLK 6 -
- SUB TO AVE & ESMTS; VAC AVE & ALLEY ACCR & FOL; -
PART OF LOTS 1 THRU 11 BLK 6 BEG AT PT ON EL & 60
FT S OF NE COR OF LOT 1 TH NWLY TO PT ON W L & 33
FT S OF NW COR OF LOT 4 TH NWLY TO PT ON NL & 13.1
FT W OF NE COR OF LOT 9 TH W TO NW COR OF LOT 11
TH S ON WL 61.09 FT TH SELY TO PT ON WL & 114.45
FT SO OF NW COR OF LOT 4 TH SELY TO PT ON SL OF &
30 FT W OF SE COR OF LOT 1 TH E TO SE COR OF LOT 1 -
TH N TO BEG IN BLK 6
SUB TO AVE & ESMTS; VAC AVE & ALLEY ACCR & FOL;
PART E OF CL OF WHITE BEAR AVE OF FOL; N 5 FT OF S
4 ACRES OF W 1/2 OF NE 1/4 'OF NW 1/4 OF S 11 T 29
R 22 & IN SD MAPLEWOOD ADD PART OF LOTS 1 THRU 11
BLK 6 LYING S OF FOL DESC L; BEG ON WL & 61.09 FT
S OF NW COR OF LOT 11 TH SE TO PT ON WL & 114.45
- FT SO OF NW COR OF LOT 4 TH SE TO & TERM AT PT ON
SL & 30 FT W OF SE COR -OF LOT 1 & LOTS 19 THRU 30
BLK 6 & ALL OF BLK 7
- VAC ALLEY ADJ LOTS 1, 2, 3, 28, 29 AND 30 AND ALL
OF LOTS 1 THRU LOT 30 BLK 5
VAC ALLEY ADJ LOTS 1, 2, 3, 28, 29 AND 30 AND ALL
OF LOTS 1 THRU LOT 30 BLK 8
ALL IN MAPLEWOOD ADDITION,~NORTH ST., PAUL, AND
PART E OF CL OF WHITE BEAR AVE OF FOL; EX N 5 FT;
THE S 4 ACRES OF W 1/2 OF NE 1/4 OF NW 1/4 (SUBJ
TO RDS & ESMTS) IN SEC 11 TN 29 RN 22
14 8-14-89
SUBJ TO WHITE BEAR AVE AND GERMAN ST THE N 150 FT
OF S 495 FT OF PART OF NW 1/4 OF SE 1/4 OF NW 1/4
E OF CL OF SD AVE IN SEC 11 TN 29 RN 22
SUBJ TO ST OVER E 33 FT THE S 62 98/100 FT OF N
278 94/100 FT OF NE 1/4 OF SE 1/4 OF NW 1/4 OF SEC
11 TN 29 RN 22
EX N 278.94 FT; THE NE 1/4 OF SE 1/4 OF NW 1/4
(SUBJ TO RDS) IN SEC 11 TN 29 RN 22
SUBJ TO 8TH ST AND EX S 62.98/100 FT OF E 311 FT
THE N 215 98/100 FT OF NE 1/4 OF SE 1/4 OF NW 1/4
OF SEC 11 TN 29 RN 22
WHEREAS, the procedural history of this vacation is as
follows:
1. A majority of the owners of property abutting said
street have sign a petition for this vacation;
2. This vacation was reviewed by the Planning
Commission on July 17, 1989. The Planning
Commission recommended to the City Council that
this vacation be approved.
3. The City Council held a public hearing on August
14, 1989, to consider this vacation. Notice
thereof was published and mailed pursuant to law.
All persona present at this hearing were given an
opportunity to be heard and present written
statements. The Council also considered reports
- and recommendations of the City staff and Planning
Commission.
- WHEREAS, upon vacation of the above-described street, public
interest in the property will accrue to the following-described
abutting properties:
SUBJ TO PONDING ESMT IN DOC NO 2062039 & 40; THE
FOL; PART OF LOTS 1 THRU 9 BLK 6 LYING NLY OF FOL
DESC L; BEG ON EL OF & 60 FT S OF NE COR OF LOT 1
TH NWLY TO PT ON WL OF & 33 FT S OF NW COR OF LOT
4 TH NWLY TO & TERM AT PT ON NL OF & 13.10 FT W OF
NE COR OF LOT 9 BLK 6
SUB TO AVE 7 ESMTS; VAC AVE & ALLEY ACCR & FOL;
PART OF LOTS 1 THRU 11 BLK 6 BEG AT PT ON EL & 609
FT S OF NE COR OF LOT 1 TH NWLY TO PT ON W L & 33
FT S OF NW COR OF LOT 4 TH NWLY TO PT ON NL & 13.1
- FT W OF NE COR OF LOT 9 TH W TO NW COR OF LOT 11
TH S ON WL 61.09 FT TH SELY TO PT ON WL & 114.45
15 8-14-89
FT S OF NW COR OF LOT 4 TH SELY TO PT ON SL OF
30 FT W OF SE COR OF LOT 1 TH E TO SE COR OF LOT 1
TH N TO BEG IN BLK 6
SUB TO AVE & ESMTS; VAC AVE & ALLEY ACCR & FOL;
PART E OF CL OF WHZTE BEAR AVE OF FOL; N 5 FT OF S
4 ACRES OF W 1/2 OF NE 1/4 OF NW 1/4 OF S 11 T 29
R 22 & IN SD MAPLEWOOD ADD PART OF LOTS 1 THRU 11
- BLK 6 LYING S OF SOL DESC Lp BEG ON WL & 61.09 FT
S OF NW bOR OF LOT 11 TH SE TO PT ON WL & 114.45
FT S OF NW COR OF LOT 4 TH SE TO & TERM AT PT ON
SL & 30 FT W OF SE COR OF LOT 1 & LOTS 19 THRU 30
BLK 6 & ALL OF BLK 7
- VAC ALLEY ADJ LOTS 1. 2. 3. 28, 29 & 30 AND ALL OF
LOTS 1 THRU LOT 30 BLK 5
' VAC ALLEY ADJ LOTS 1, 2, 3, 28, 29 AND 30 AND ALL
OF LOTS 1 THRU LOT 30 BLK 8
ALL IN MAPLEWOOD ADDITION, NORTH ST. PAUL, AND SUB
TO WHZTE BEAR AVE AND GERMAN ST THE N 150 FT OF S
495 FT OF PART OF NW1/4 OB SE 1/4 OF NW 1/4 OF CL
OF SD AVE IN SEC 11 TN 29 RN 22
THE E 199.93 FT OF N 180 FT OF S 345 FT OF NW 1/4
OF SE 1/4 OF NW 1/4 (SUBJ TO RD & ESMTS) ZN SEC 11
TN 29 RN 22
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL
that it is in the public interest to grant the above-described
vacation on the basis of the following findings of fact:
1. ,The City has no plane for constructing the
streets.
2. The adjoining properties have adequate street
access.
3. These street segments are not needed for area
traffic circulation or emergency vehicle access.
Seconded by Councilmember Juker. Ayes - al L II
11. Councilmember Bastian introduced the following resolution and moved its I
adontion•
89-8- 125
WHEREAS, Gerald Mogren initiated proceedings to vacate the
public interest in the following-described property:
16 8-14-89
The East Demont Avenue right-of-way between the easterly
right-of-way line of White Bear Avenue and the westerly
right-of-way line of German Street; -
and the German Street right-of-way south of the south line of the
following described property:
Part E of CL of White Bear Ave of Fol: Ex N 5 ft; the S 4
acres of W 1/2 of NE 1/4 of NW 1/4 (Subj to Rds & Esmte)
in Sec 11, Tn 29, Rn 22
to a 30-foot easterly extension of the south line of the following
described property:
Subj to White Bear Ave 12th Ave and German St and Ex 8 495
Ft part of NW 1/4 of SE 1/4 of NW 1/4 E of CL of White
Bear Ave in Sec 11, Tn 29, Rn 22
WHEREAS, the following adjacent properties are affected:
Part E of CL of White Bear Ave of Fol: Ex N 5 ft; the S 4
acres of W 1/2 of NE 1/4 of NW 1/4 (Subj to rds & eamts)
in Sec 11, Tn 29, Rn 22
Sub to White Bear Ave 12th Ave and German St and Ex S 495
ft part of NW 1/4 of SE 1/4 of NW 1/4 E of CL of White
Bear Ave in Sec 11, Tn 29, Rn 22
Sub to 8th St and Ex S 62 98/100 ft of E 311ft theN 215
96/100 ft of NE 1/4 of SE 1/4 of NW 1/4 of Sec 11, Tn 29,
Rn 22
WHEREAS, the procedural history of this vacation is as follows:
1. A majority of the owners of property abutting said
streets have signed a petition for this vacation;
2. This vacation was reviewed by the Planning
Commission on July 17, 1989. The Planning
commission recommended to the City Council that
this vacation be approved.
3. The City Council held a public hearing on August
14, 1989, to consider this vacation. Notice
thereof was published and mailed pursuant to law.
All persons present at this hearing were given an
opportunity to be heard and present written
statements. The Council also considered reports
and recommendations of the City Staff and Planning
Commission.
17 8-14-89
WHEREAS, upon vacation of the above-described street right-of-
way, public interest in the property will accrue to the following-
described abutting properties:
- Sub to White Bear Ave 12th Ave and German St and Ex S 495
ft part of NW 1/4 of SE 1/4 of NW 1/4 E of CL of White L.
Bear Ave in Sec 11, Tn 29, Rn 22
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL
.that it is in the public interest to :grant the above-described
vacation on the basis of the following findings of fact:
1. The adjoining property owners have no interest in
improving the streets.
2. The adjoining properties have adequate street
access.
3. These street segments are not needed for area
traffic circulation or emergency vehicle access.
Seconded by Councilmember Juker. - Ayes - all.
5. 7:40 P.M., Preliminary Plat: Hillwood Oaks No. 2 (Hennen).
a. Mayor Greavu convened the meeting for a public hearing regarding the
request of Robert Hennen to approve a preliminary plat for the previously
approved second phase of the South Oaks Second Addition.
b. Manager McGuire presented theataff report.
c. Director of Community Development Olson presented the specifics of the
proposal.
d. Commissioner Ralph Sletten presented the Planning Commission
recommendation.
e. Richard Dince, representing the Hennen Development Company, stated
they object to sidewalk escrow condition.
f. Larry Samatad, Itaska Engineering, representing the Hennen Development
Company, reviewed the conditions as recommended. i
g. Mayor Greavu called for persons who wished to be heard for or against
the proposal. The following expressed their views:
B. Philbrook, 2634 Keller Parkway
Phyllis Cunningham, 2339 Hillwood Drive
Robert Hennen, Hennen Development Company
h. Mayor Greavu closed the public hearing.
18 8-14-89
i. Councilmember Anderson moved to table Item F-5 andinatructed the
developer to vresent to Council acontour model or ecxuivalent and also
show where trees will be removed.
Seconded by Councilmember Juker. Ayes - all.
G. AWARD OF BIDS
None.
H. UNFINISHED BUSINESS
1. Brooks Avenue Water Main Project 88-OB
a. Senior Citizen Deferment
Senior Citizen Deferment application never received.
b. Award of Bida
1. Mayor Greavu introduced the following resolution and moved its adoption:
89-8-126
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
that the bid of Meyer Contracting in the amount of $31,996.52 ie
the lowest responsible bid for the construction of Brooks Avenue
Water Main--Hazelwood to Germain, City Project 88-08, and the
Mayor and Clerk are hereby authorized and directed to enter into a
contract with said bidder for an on behalf of the City.
Seconded by Councilmember Anderson. Ayes - all.
2. County Road C/Keller Parkway Watermain Project 88-10 (Assessment Appeals)
a. Manager McGuire presented the staff report.
b. Councilmember Anderson moved to reduce assessment for Parcel 09-29-22-
22.-0003, 910 E. Covntv Road C to one unit.
Seconded by Mayor Greavu. Ayes - all.
c. Councilmember Anderson moved to reduce the assessment for Parcel 04-
29-_22-33-0006; 931 E. County Road C to one unit and that if the property
is improved a cash connection will be recuired.
Seconded by Mayor Greavu. Ayes - all.
d. Mayor Greavu moved that the assessments for the following properties
remain unchanged:
19 8-14-89
09-29-22-22-0008, 2634 Keller Parkway
09-29-22-22-0011, 2616 Keller Parkway
09-29-22-22-0005, 842 E. County Road C
09-29-22-22-0020, (Halloran)
09-29-22-22-0019, 854 Palm Court
09-29-22-22-0021, 838 Palm Covrt
09-29-22-22-0022, 830 Palm Court
09-29-22-22-0016, 837 Palm Court
Seconded by Councilmember Anderson, Ayea - Mayor Greavu, Councilmembera
Anderson, Juker and Rosabach
Nay - Councilmember Bastian -
3. Liquor License Ordinance
a. Manager McGuire presented the staff report.
b. Mayor Greavu introduced the followinc ordinance and moved its
adootion•
ORDINANCE NO. 649
AMENDING SECTION 5-38
Sec. 5-38. Premises which may not be licensed; limitations on number of licensee.
(a) No non-intoxicating malt liquor license may be issued under
this article for premises located within an area wherein such use
of the premiaea is prohibited by the zoning ordinance, nor within
an area where such sales are forbidden by state law br any other
ordinance of the City.
(b) No "on-sale" license may be issued under this article for
premises located within 1,000 feet of a church or school building
located in the City, and no "off-sale" license shall be issued for
premiaea located within 100 feet of a church or school building.
The distance is to be measured from the nearest property line to
the nearest property line.
(c) Not more than one license may be issued under this article to
any person in the City.
Seconded by Councilmember Anderson. Ayes - all.
c. Councilmember Bastian moved to table the Liouor License Ordinance
until the next meeting.
Seconded by Councilmember Anderson. Ayes - all.
I. NEW BUSINESS
20 8-14-89
1. Tax Forfeited Property: Larpenteur and Adolphus Street
a. Manager McGuire presented the staff report.
b. Director of Parka and Recreation Odegard presented the specifics of
the proposal
c. The following area residents expressed their views:
Larry Dittel, 1754 Onacrest Curve (Wants to buy property for 2 homes)
Don Bondson, 1733 Agate (Petition in favor of use deed option)
Mike Dittel, 1760 Onacrest Curve (Wants to buy some property for home)
Shirley Walker, 1748 Onacrest (Wants Parcel to remain open apace)
d. Councilmember Roasbach moved that the City apply for a Use Deed to
P.I.N. 18-29-22-43-0024 and approve the attached Council Resolution, which
will be submitted to the Ramaev Covntv Finance, Personnel and Manacement
Committee, which will review it for presentation to the county Board of
Commissioners.
Seconded by councilmember Anderson. Ayes - al L
8. C. Little Addition
a. Manager McGuire presented the staff report.
b. Dennis Peck, PARE Association, 2172 Payne Avenue, spoke regarding the
drainage easement issue.
c. Mayor Greavu moved that the City Council make a findinc that the off-
site drainace easements for C. Little Addition are in the public interest
and direct staff to proceed with eminent domain after the developer
provides an escrow of 1508 of the estimated cost.
Seconded by Councilmember Anderson. Ayes - all. '
M. ADJOURNMENT OF THE AUGUST 14. 1989 MEETING
10:56 P.M.
A. MEETING OF AUGUST 17, 1989
Mayor Greavu reconvened the meeting at 4:35 P.M.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Absent
Frances L. Juker, Councilmember Present
21 6-14-89
George F. Rosabach, Councilmember Present
I. NEW BUSINESS (COntinuedl
2. Tax Increment Funds for Playcrest Park
a. Manager McGuire presented the staff report.
b. Director of park and Recreation Odegard explained the proposal.
c. Mayor Greavu authorized for Playcreat Park the use of $65,000 from the
Tax Increment District No. 1 Fund, and $85,000 from the Cottages of
Maplewood tax increment bonds to be issued this Fal L
Seconded by Councilmember Anderson. Ayes - all.
3. Conditional Use Permit Renewal: 2228 Maplewood Drive (Citgo Fuel Station)
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson presented the specifics of the
proposal.
c. Councilmember Anderson moved to approve the renewal of the Conditional
Use Permit for a fuel station at 2228 Maplewood Drive, subiect to
compliance with the oricinal conditions of approval and completion of the '
remaining site improvement within 60 davs.
Seconded by Mayor Greavu. Ayes - al L
d. Council instructed staff to investigate the drainage at this site.
4. Code Amendment: Motor Fuel Station (lat Reading)
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson presented the specifics of the
proposed ordinance.
c. Commissioner Ralph Sletten presented the Planning commission ~I
recommendation.
d. Councilmember Anderson movedfirat reading of an ordinance amending
the_._BC, BC(M1 and M-1 Districts, especially as they pertainto motor fuel
stations.
Seconded by Mayor Greavu. Ayes - all.
i
5. Code Amendment: Planning Commission Procedure ('lat Reading)'
a. Manager McGuire presented the staff report.
22 8-14-85`'
-
b. Commissioner Ralph Sletten presented the Planning Commission
recommendation.
c. Councilmember Rossbach moved first reading of an ordinance allowing
the Plannina Commission to elect its Chairperson and desianatina a date
for its annual report.
Seconded by Covncilmember Anderson. Ayes - all.
6. Planning Commission's Rules of Procedure
a. Manager McGuire presented the staff report.
b. Mayor Greavu moved to approve the revisions to the Plannina commission
Rules of Procedure.
Seconded by Councilmember Anderson. Ayes - all.
7. Action Plan For Seniors
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson presented the specifics of the
report.
c. Councilmember Anderson moved to authorize the staff to formulate a
committee to determine needs and to develop an action plan for providing
services and housing for seniors and other persons with special living
needs and staff is to see that there is a balance of sae groups.
Seconded by Mayor Greavu. Ayes - all.
8. C. Little Addition
Discussed after item I-1.
9. Authorization to Hire Engineering Tech
a. Manager McGuire presented the staff report.
b. Mayor Greavu moved to authorize the hiring of an engineering
technician to fill the vacancy.
Seconded by Councilmember Juker. Ayes - all.
10. Footprint Lake Storm Sewer Project 87-32: Schedule Public Hearing
a. Manager McGuire presented the staff report.
b. Mayor Greavu introduced the following resolution and moved its
adoption•
23 8-14-89
89 - 8 - 127
WHEREAS, the City Engineer for the City of Maplewood has been
authorized and directed to prepare a report with reference to the
improvement of area roughly bounded by English Street, Gervais Avenue,
White Bear Avenue, and Ryan Avenue, City Project 87-32, by construction f
storm sewer, and
WHEREAS, the said City Engineer has prepared the aforesaid report for
the improvement herein described:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
1. The report of the City engineer advising this Council that
the proposed improvement of area roughly bounded by
English Street, Gervais Avenve, White Bear Avenue, and
Ryan Avenue, City Project 87-32, by construction of storm
sewer is feasible and should best be made as proposed, is
hereby received.
2. The Council will consider the aforesaid improvement in
accordance with the reports and the assessment of
benefited property for all or a portion of the coat of the
improvement according to MSA Chapter 429, at an estimated
total coat of the improvement of $1,444,200.
3. A public hearing will be held at John Glenn School on
Thursday, the 14th day of September, 1989, at 7:00 P.M.,
to consider said improvement. The City Clerk shall give
mailed and published notice of said hearing and
improvement as required by law.
Seconded by Councilmember Rosabach. Ayes - all... .
11. Water District No. 8 Project 86-15: Schedule Assessment Hearing
a. Manager McGuire presented the staff report.
b. Councilmember Anderson introduced the followinc resolution andmoved
its adontion•
89-8-128
WHEREAS, the City Clerk and City Engineer have received final coats
for the improvement of Water District 8 Improvements, City Project 86-15.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that the City Clerk and City Engineer shall forthwith calculate
the proper amount to be specially assessed for such improvement against
every assessable lot, piece or parcel of land abutting on the streets
24 8-14-89
affects, without regard to cash valuation, as provided by law, and they
shall file a copy of each proposed assessment in the City office for
inspection.
Seconded by Councilmember Roesbach. Ayes - all.
c. Councilmember Anderson introduced the following resolution and moved
its adoption•
89-8-129
WHEREAS, the Clerk and the Engineer have, at the direction of the
Council, prepared an assessment roll for the construction of Water
District 8 Improvements, City Project 86-15, and the said assessment ie on
file in the office of the City Clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. A hearing shall be held on the 28th day of September,
1989, at Carver School at 7:00 P.M., to pass upon such
proposed assessment and at such time and place all persona
owning property affected by such improvement will be given
an opportunity to be heard with reference to such
assessment.
2. The City Clerk is hereby directed to cause a notice of the
hearing on the proposed assessment to be published in the
official newspaper, at least two weeks prior to the
hearing, and to mail notices to the owneraof all property
affected by said assessment.
3. The notice of hearing shall state the date, time and place
of hearing, the general nature of the improvement the area
- to be assessed, that the proposed assessment roll is on
file with the Clerk and that written or oral objections
will be considered.
Seconded by Councilmember Roasbach. Ayes - all.
12. Diseased Tree Removal Cost Recovery
a. Manager McGuire stated that currently five (5) property owners have requested
the City to finance the cost of removing diseased trees from their
property. The city can certify the coat against the property with
payments being collected with the property taxes. A public hearing is
required for their process.
b. Mayor Greavu moved to set a public hearing for 7:00 P.M., September
11, 1989, for this purpose.
25 8-14-89
i
Seconded by Councilmember Juker. Ayes - all.
13. Southlawn Avenue Project 85-17: Change order Four
i
a. Manager McGuire presented the staff report.
b. Mayor Greavu introduced the followinc resolution and moved its
ado~tion•
69-8-130
WHEREAS, the City Council of Maplewood, Minnesota, has heretofore
ordered made Improvement Project 85-17 and has letr a construction contract -
pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract in the amount of
$476,916.97 be modified and designated as Improvement Project 65-17 Change Order
Four.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that the Mayor and City Clerk are hereby authorized and
directed to modify the existing contract by executing said Change Order
Four in the amount of a credit of $978.
Seconded by councilmember Juker. Ayes - al L
14. Water District No. 8, Project 86-15: Change Order Two
a. Manager McGuire presented the staff report.
b. Mayor Greavu introduced the followinc resolution and moved its
adoDtion•
89-8- 131
I
WHEREAS, the City Council of Maplewood, Minnesota, has heretofore
ordered made Improvement Project 86-15 and has let a construction contract it
pursuant to Minnesota Statutes, Chapter 429, and I
WHEREAS, it is now necessary and expedient that said contract in the
amount of $134,140.00 be modified and designated as Improvement Project
86-15, Change Order Two.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that the Mayor and City Clerk are hereby authorized and
directed to modify the existing contract by executing said Change Order
Two in the amount of $570.
Seconded by Councilmember Anderson. .Ayes - all.
15. Gervaia Avenue Project 88-14: Change Order Three
26 8-14-89
a. Manager McGuire presented the staff report.
b. Councilmember Anderson introduced the following resolution and moved
its adoption• - -
89 - 8 - 132
WHEREAS, the City Council of Maplewood, Minnesota, has heretofore
ordered made improvement Project 88-14 and has let a construction contract
pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract in the
amount of $295,664.95 be modified and designated as Improvement Project
88-14, Change Order Three.
NOW, THEREFORE, BE IT RESOLVED BY THE CZTY COUNCIL OF MAPLEWOOD,
MINNESOTA, that the Mayor and City Clerk are hereby authorized and
directed to modify the existing contract by executing said Change Order
Three in the amount of $505..
Seconded by Mayor Greavu. Ayes - all.
- J. VISITOR PRESENTATION
None.
K. COUNCIL PRESENTATIONS
1. Estate Zone
a. Councilmember Anderson moved to instruct staff to investigate placing
a moratorium on development in the southern area of the City; initiating
estate zoning in order to preserve trees; and look into the North Oaka
Ordinances on wooded lots.
Seconded by Councilmember Juker. Ayes - all.
- 2. Water Department
a. Councilmember Anderson stated representatives from Maplewood should be
on the St. Paul Water Board. Investigate going before the legislature to
ask for such representation.
3. St. Paul Pioneer Preae/Dispatch
a. Councilmember Juker moved to authorize staff to contact the St. Paul
Pioneer Press /Dispatch to find out why Maplewood does not have better
coverage.
27 8-14-89
Seconded by Councilmember Anderson. - Ayes - all.
4. Fins Dirt Pile
a. Couneilmember Anderson questioned what is happening regarding the Fina
dirt pile at County Road B and Van Dyke.
b. Manager stated Fina is attempting to obtain a permit for the DNR and
haul the dirt to Iowa.
5. Elm Trees
Previously discussed.
6. Soil and Aggregate Stock Piles
a. Councilmember Rossbach commented on the various locations of the soil
and aggregate stock piles.
b. Council instructed staff to find a way of either eliminating them all
together or supervising them.
7. Contour Models
a. Councilmember Rossbach stated that the contour maps that come with
plats are difficult to understand what they mean.
8. 1343 Kohlman
a. Councilmember Rossbach stated Council had authorized the removal of Ali
.1343 Kohlman but nothing has happened.
b. Staff stated procedures are being followed to remove the dwelling.
i
9. Renaming Street
a. Mayor Greavu moved to rename Ids Street from Frost Avenue north to
dead end as-Donna Sentrv Drive.
I
10. Parking Lot
I
I
a. Councilmember Juker instructed staff to notify Miller Meats to repair
their parkinglot.
L. ADMINISTRATIVE PRESENTATIONS
1. Set Meeting Date
a. Council set August 31, 1989, as a meeting date to discuss labor
negotiations and the sexual harassment policy.
M. ADJOURN THE AUGUST 17. 1989 MEETING
28 8-14-85
6:50 P.M.
City Clerk
29 8-14-89