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HomeMy WebLinkAbout10-27-1970 SMAGENDA Maplewood Village Council 7:30 P.M., Tuesday, October 27, 1970 Municipal Administration Building Meeting No. 70 -33 (A) CALL TO ORDER (B) ROLL CALL (C) PUBLIC HEARINGS 1. Zoning (BorSon Site) - Limited Business and Commercial (L.B.) to Single Family Residential (R -1) D) OLD BUSINESS 1. 11th Street Plans (E) ADJOURNMENT Minutes of Maplewood Village Council 7:30 P.M. Tuesday, October 27, 1970 Council Chambers, Municipal Building Meeting No. 70 - 33 A. CALL TO ORDER A special meeting of the Village Council of Maplewood, Minnesota was held in the Council Chambers, Municipal Building and was called to order at 7:32 P.M. by Mayor Axdahl. B. ROLL CALL Lester G. Axdahl, Mayor Present John C. Greavu, Councilman Present Harald L. Haugan, Councilman Present Patricia L. Olson, Councilwoman Present Donald J. Wiegert, Councilman Present C. PUBLIC HEARI 1. Zoning (Bor Son Property Site) Limited Business and Commercial (L.B.C.) to Single Family Residential (R -1). a. Mayor Axdahl convened the meeting for a public hearing on the issue to rezone the 9.42 acre vacant tract on the West side of Sterling Avenue at its intersection with Brookview Drive and more commonly referred to the "Bor Son Property" from LBC Limited Business and Commercial to R -1 Single Family Residential. The Clerk read the notice of hearing. b. Manager Miller presented the Staff report which stated 10 recommendations why the proposed R -1 District rezoning be approved. c. Planning Commission Chairman Lyman Coombs presented the following resolution: WHEREAS, the Council of the Village of Maplewood has initiated a rezoning of the property herein described; and WHEREAS, the Planning Commission of the Village of Maplewood, pursuant to instructions by the Village Council, has reviewed and studied the proposal in accordance with Section 912.080 and all other applicable sections of the Maplewood Code; 10 -27 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the Village of Maplewood, on this day of October 26, 1970, that the proposed change of zoning, of the property more specifically described, on the Public Hearing Notice (Borson Site) scheduled before the Village Council at 7:30 P.M. October 27, 1970, from (L.B.C.) Limited Business and Commercial to (R -1) single family residential, be forwarded to the Village Council with the recommendation of approval, and that the Staff report and recommendations be also forwarded to the Village Council as the report of the Planning Commission's findings. (Resolution adopted by a unanimous vote) d. Mr. Joe Griemann, President of Brookcrest Association stated all the records he has kept regarding the Bor Son development have been turned over to the Council. He further stated these records state the reasons the association wish to have the proper- ty rezoned to R -1 Single Family District. e, Mr. William Rosen, attorney representing Bor Son and Mr. Cyril Pesek requested a delay on the rezoning as he didn't receive the formal Staff recommendations and the Planning Commissions recommend- ations. There is a lawsuit pending on this matter now, Mr. Rosen stated he did not have the opportunity to present Bor Sons' point of view to the Planning Commission or to consult with the Staff. The application submitted for the townhouse and apartment development was turned down by the Council and the owner of the property has now taken the matter to Court. Administrator Seida stated on 10 -8 -70 notices were mailed regarding the rezoning hearing to William Rosen, Attorney, Bor Son Company, William McKnight and Ted Collins, Attorney and none of the notices were returned. On 10 -16 -70 all property owners were notified by mail and nowhere in the records does Mr. Cyril Pesek appear as a property owner. Previously to that time, an injunction was filed against the Village stating the Planning Commission, Staff and all interested parties stop any further discussions as actions regarding the Bor Son development. The Court order has now been lifted. Mr. Rosen had stated that he had talked with Councilwoman Olson and had also sent her the notice he had received. Councilwoman Olson requested Mr. Rosen to clarify the actions taken and what her comments were to him. Mr. Rosen called Councilwoman Olson to discuss the matter before the Council with her. Councilwoman Olson stated it was her practice uniform- ly applied not to so discuss these matters anywhere but at the Council meetings, and in the course of the conversation he mentioned he had received a copy of the Staff report. They did not discuss the report, but Councilwoman Olson stated she had not received a copy of the report so he ran a xerox copy of the report and sent it to her without comment. - 2 - 10 -27 Mr. Rosen stated he did not believe there was any valid reason why this property should be rezoned. The owner of the property did not request the rezoning. Mr. Theodore Collins, attorney representing the Brookcrest Association stated the homeowners have banded together and hired him to represent them in this litigation with Bor -Son that will be heard in Court on November 30, 1970. Bor Son has attempted twice to enjoin, through the courts, the Council from taking any action and twice the Courts have refused them. Mr. Collins stated that the Council has the right to rezone property, owned by someone else, if it is for the good of the Community. Mr. Rosen stated to rezone the property now would be premature, that he again requests Council to delay a decision until after November 30, 1970. Bor Son did seek an injunction against the Village from taking action to rezone, but was denied on the basis that the Council had not yet rezoned the property, but that when or if the Council rezoned the property, then would be the proper time to file an injunction. Mayor Axdahl called for discussion among the Council. Following discussion, Councilman Wiegert moved the 1st reading of an Ordinance to rezone the property from LBC to R -1, based on the con- tinued development of sinole familv residential in the area. that LBC zoning is 1) The changed highway access conditions leading to the site restricting direct access; 2) The inability of the existing streets ( Brookview Drive and Hudson Place) to accommodate commercial generate traffic both in terms of capacity and axel -load limitations; 3) The exposing of increased commercial traffic at hazardous intersections of Brookview Drive - Century Avenue and Hudson Place - ramp crossing unduly jeopardizes the motoring public; 4) The attracting of Commercial traffic to a site remotely located some 3000 feet from any direct access to a collector or arterial street through single dwelling residentially developed areas on local access streets is environmentally detrimental to both the commercial site location, as well as, the residential area; 5) The existing Limited Business Commercial District does not abut any existing or Planned Commercial area and, therefore fails to accomplish the transition from Commercial to Residential as is the declared intent. Consequently, the LBC District as located here is misplaced by Ordinance and appears to be even more illogically placed as time and physical land use conditions in the area have changed since 1961; - 3 - 10 -27 6) The existing vacant tracts within the area past which the Commercial traffic would pass to get to the subject site would certainly be reasonable cause to consider potential land uses which would not be single dwelling residential. The net effect is that the mere LBC District by its remote location causes a potential impetus to the established land use character of the area through which the commercial traffic would pass; 7) The consideration of Commercial Use District at this location obviously encourages structures on the site which would be grossly out of scale with the existing developed structures in the neighborhood; 8) The existing local street system serving the site not only acts as local vehicular corridors but also acts as a recreational area for the youth of the area. Such fact occurs as a result of the absence of directly accessible community recreational areas as well as, the isolation of the Area; 9) The water pressure tests taken on the recently installed water line and hydrant installed at the intersection of Brookview Drive and Sterling Avenue by the City of St. Paul Water Department reveals a test of 52 lbs.Static Water pressure per square inch. The Fire Underwriters Inspection Bureau recommends that 70 lbs. Static Water Pressure per square inch be provided to adequately serve commercial used areas. It would appear that the subject site should have a raise in static pressure to adequately serve the LBC Zoned area there today. 10) The remoteness of the site from desirable collector streets explains, in part, whysthe site has not developed for LBC Use and, moreover, the Bor Son Proposal for Multiple Residential Use is further supportive evidence of the impractical location for a Limited Business Commercial District. Seconded by Councilman Greavu. Ayes - Councilmen Greavu, Haugan, and Wiegert. Nay - Mayor Axdahl, Councilwoman Olson abstained. Councilman Wiegert introduced the following Ordinance and moved its adoption: ( First Reading) ORDINANCE NO. 275 AN ORDINANCE RELATING TO ZONING FOR A PARTICULAR USE. Seconded by Councilman Greavu. Ayes - Councilmen Greavu, Haugan, and Wiegert Nay - Mayor Axdahl Councilwoman Olson abstained. - 4 - 10 -27 Council questioned Village Attorney Lais if the motion did pass. Attorney Lais will report back to the Council the legality of the vote. Councilwoman Olson questioned if it would be possible to hear additional comments from the proponents and opponents at the time of the second reading of the Ordinance. Mayor Axdahl referred the matter to Staff to investigate the rules to see if additional testimony can be heard once the public meeting has been held. Manager Miller stated the hearing could be continued. Councilwoman Olson moved that the Public property rezoning be continued with publ 9 Seconded by Councilman Haugan. Motion carries. Bor Son Ayes - Mayor Axdahl, Councilman Haugan, Council- woman Olson. Nay - Councilmen Greavu and Wiegert. Village Attorney Lais stated if the vote for the Ordinance was legal at 3 to 1 Council can procede to the second reading. If the motion failed the hearing is closed. He feels strongly that the vote 3 to 1 is legal to pass the Ordinance but he reserves the right to change his ruling. D. OLD BUSINESS 11th Street Plans a. North Saint Paul Manager Jerry Splinter stated the plans and specifications of the 11th Street improvements have been presented to Maplewood. He wished to apologize for not having the Maplewood Council's approval before commencing construction. It was an oversight. b. Mr. Bob Simon, North St. Paul Engineer explained the specifics of the improvements. He stated the property owners affected by this construction have been notified. The statement was made that there would be no cost assessed for street and storm sewer improvement until such time as development take place. If all utilities were to be installed, -.a public hearing for the residents of Maplewood would have to be held. Village Engineer Kuusisto presented a letter addressed to the Council. The communication is as follows: - 5 - 10 -27 Gentlemen: We have reviewed the plans and specifications regarding 11th Avenue Improvements. The Engineering Department has previously submitted a utility feasibility study. Since that date there have been several meetings to reach a workable street improvement program for that segment from White Bear Avenue easterly to Ariel Street. The review of plans and specifications is for that segment within the Village of Maplewood. According to the agreements, the Village of North St. Paul was to submit plans and specifications for approval. Bids were to be received by North St. Paul and concurrence for the awards of contract was to be made by the Village of Maplewood. This letter will not relate to events that have taken place except items affecting the approval of the plans and specifications. In discussions with North St. Paul, it has been determined that con- struction on White Bear Avenue for utilities would not take place this year. Permits for construction would be for early spring construction and according to permits obtained. The Village of North St. Paul has requested that two lanes of bituminous paving would be installed in the fall of 1970 from White Bear Avenue to Ariel Street. The two lanes would be located in the South half of the street right -of -way. The paved section would provide traffic lanes from White Bear Avenue to Ariel Street leaving the North half for utility construction in the spring of 1971. The engineering approval of the plans would be subject to the following conditions: Services that require tunneling under any bituminous surface on 11th avenue will require an adjustment in cost between open cut and tunneling, the difference would be paid for by North St. Paul. The sanitary sewer would be constructed approximately 7' north of the center line. 3. During construction of utilities any damage to any existing 11th Avenue improvement would be repaired by North St. Paul. 4. A sanitary sewer manhole would be located on German Street with stubs and plugs to the north and south property line of 11th Avenue. The proposed storm sewer on German Street will be stubbed to the south property line /with a 30" diameter stub pipe with plug. of 11th Avenue The street curve data should not exceed 5o curve section. 7. Curb returns should be provided at German Street with a temporary bituminous section straight through for surface drainage control. - 6 - 10 -27 8. New alignment due to horizontal curves shall provide the normal width blvd. at curve sections equal to straight sections which in this instance is approximately 14'. 9. Additional land right -of -way will be required at the intersection of White Bear Avenue and 11th Avenue for access lanes. North St. Paul shall be responsible for acquiring additional land for alignment to provide the blvds.described in item 8 and any additional land from the property owners at the intersection of White Bear and 11th Avenue for access, free turning lanes and tapers. 10. The future plan for land acquisition in the vicinity of north property line of Wards may require the alignment to be moved north of the present location. This should be resolved as it affects Items 8 and 9. Respectfully submitted, HOWARD A. KUUSISTO CONSULTING ENGINEERS. Village Attorney Lais read Chapter 429.031 of the Minnesota State Statutes relating to the legality of North St. Paul proceeding with construction on Maplewood property. Mr. Simon stated that the property owners on Ariel Street from 11th Street to Flandrau Road in Maplewood would not have any costs to them for street and storm sewer. Curb cuts would be provided. Connection charges would be charged as new developments take place. Residents in the area questioned the problems of drainage. Mr. Splinter stated the drainage patterns in that area were not going to be changed and there would not be any new water going through that area. Mayor Axdahl stated his concern regarding the alignment of 11th Street at White Bear Avenue, that it not only satisfy or work to the east of White Bear but also crossing White -Bear to the west. This was one of the reasons the Village asked to approve the plans. Staff has been working on this matter and presented 3 proposals for the intersection of White Bear Avenue and Eleventh Street. Following further discussion Councilman Wiegert moved to set a public hearing date of November 19, 1970 for construction of street, storm sew sanitary sewer and water improvements. Seconded by Councilman Greavu Ayes - Mayor Axdahl, Councilmen Greavu, Haugan, and Wiegert. Nay - Councilwoman Olson. - 7 - 10 -27 Councilman Wiegert introduced the following resolutions and moved their adoption: 70 - 10 - 161 WHEREAS, the Village Council of Village of Maplewood, Ramsey County, Minnesota deems it necessary and expedient that the improvement hereinafter described be made, NOW, THEREFORE, notice is hereby given that the Village Council will hold a public hearing on said improvement at the following time and place within the said Village: Date and Time: November 19, 1970, at 8:00 P.M. Location: Village Hall, 1380 Frost Avenue The general nature of the improvement is the construction of sanitary sewers, water mains, and appurtenances in the following described areas: ELEVENTH AVENUE: from Ariel Street to White Bear Avenue. The total estimated cost of said improvement is $50,000.00. It is proposed to assess every lot, piece or parcel of land benefited by said improvement whether abutting thereon or not, based upon:,benefits'received without regard to cash valuation. Persons desiring to be heard with reference to the proposed improvement should be present at this hearing. Anyone not present wi l be presumed to be favor of the proposed improvement. This Council proposes to proceed under the authority granted by Chapter 429 M.S.A. Dated this 27th day of October, 1970. Publish: November 11, 1970 Seconded by Councilman Greavu By ORDER OF THE VILLAGE COUNCIL Lucille Aurelius Village Clerk Village of Maplewood Ayes - Mayor Axdahl, Councilmen Greavu, Haugan, and Wiegert. Nay Councilwoman Olson. - 8 - 10 -27 70 - 10 - 162 WHEREAS, the Village Council of Village of Maplewood, Ramsey County, Minnesota, deems it necessary and expedient that the improvement hereinafter described be made, NOW, THEREFORE, notice is hereby given that the Village Council will hold a public hearing on said improvement at the following time and place within the said Village: Date and Time: November 19, 1970, at 8:30 P.M. Location: Village Hall, 1380 Frost Avenue The general nature of the improvement is the construction of paving, concrete curb and gutter, storm sewers, and appurtenances in the following described areas: ELEVENTH AVENUE: from Ariel Street to White Bear Avenue. Drainage Area - Bounded by White Bear Avenue on the West, Ariel Street on the East, Demont Avenue extended on the North and Highway 36 on the South. The total estimated cost of said improvement is $80,000.00. It is proposed to assess every lot, piece or parcel of land benefited by said improvement whether abutting thereon or not, based upon benefits received without regard to cash valuation: Persons desiring to be heard with reference to the proposed improvement should be present at this hearing. Anyone not present will be presumed to be infavor of'the proposed improvement. This Council proposes to proceed under the authority granted by Chapter 429. M.S.A. Dated this 27th day of October, 1970. BY ORDER OF THE VILLAGE COUNCIL Lucille Aurelius Village Clerk Village of Maplewood Publish: November 11, 1970 Seconded by Councilman Greavu. Ayes - Mayor Axdahl, Councilmen Greavu, Haugan and Wiegert. Nay - Councilwoman Olson. - 9 - 10 -27 The Eleventh Street Plan approval was delayed until after the public hearing on the utilities was held. E. ADJOURNMENT: 10:50 P.M., Ci Clerk - 10 - 1.0 -27