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HomeMy WebLinkAbout04-08-1971 SMMinutes of Maplewood Village Council 7:30 P.M,, Thursday, April 8, 1971 Council Chambers, Municipal Building Meeting No, 71 -13 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 7:38 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 HEARINGS 1. Zone Change (R -1 to M -1) - 11.89 Acre Tract of Land Immediately North of the Intersection of Gervais and English (7:30 P.M.) a. Mayor Axdahl convened the meeting for a public hearing on the Council initiated zone change from R -1 to M -1 property described as: The East 300 feet of Lot 18 and the East 1320 feet of Lot 19 and the East 1360 feet of Lot 20, W.H.Howard's Garden Lots. (More commonly described as a vacant 11.89 acre tract of land immediately north of the intersection of Gervais Avenue and English Street), The Clerk read the notice of hearing along with the publication dates. b, Administrator Seida read the following staff report: "In the Council's public hearing of this earlier issue, evidence was uncovered which supported the idea that in the Council's readoption of official zoning maps a year ago, there may have been an error in the mapping of the district boundary line in this area. Thus causing the property proposed for rezone to have been inadvertently declared R -1 when it should have been designated M -1. The planning office agrees that evidence is adequate enough to support the idea that an error was made in the mapping of boundary lines a year ago. However, this office cannot believe that good planning principles should be sacrificed were we to recommend this zone change at this time due to the absence of the Village of Maplewood to provide those adequate and necessary public ser- vices to accommodate the M -1 zoning should it be approved. Reference is made to improved public streets, existing municipal water supply, and the absence of adequate municipal fire protection, We recognize full well the ramifications of our recommendation, but we, never -the less, cannot suggest that you endorse the zoning of any - 1 - 4/8 properties in the Village, including this one, for immediate or high activity use without seeing to it that you assume the larger public responsibility to assure all concerned that the necessary services are not only available, but existing to serve the property immediately. Any decisions to promote the usage of land without adequate facilities and services, in our opinion, is not only extremely risky, but cannot be considered to satisfy Section 901.010 (Purposes Clause) of the Zoning Code of the Village, or secondly, Section 912.080 (required findings for a zone change by the Planning Commission and Council) of the Village Zoning Code. We appreciate the possible error that may have been made one year ago of the mapping, but it is our position that the real error lies when the property was initially rezoned to M -1 without, in our opinion, reason- able question given to the Pruposes Clause of the Village Zoning Code. In closing, our recommendation is that we cannot recommend or be a part of the continuing prolonged mistake of the Village of Maplewood which was done prior to the alledged mapping error of a year ago." c, Planning Commission Chairman Lyman Coombs read the following com- mission's recommendation: "Commissioner Howard moved Planning Commission recommend to Council that M -1 Zoning be re- established for the property described in Zoning Change Case No. ZC2 -71. Commissioner Batman seconded. Motion carried by following vote: Ayes - 6 Naye - 4" d. Proponents: Attorney Robert Orth, Gray and Gray, representing C. G. Rein Company spoke on behalf of the zone change. e. Mayor Axdahl closed the public hearing. Written objections can be filed for one week. f. Following discussion, Councilman Haugan moved to delay decision on the zone change until the next meeting. Seconded by Councilman Greavu, 2. Beam Avenue Improvements (8:00 P.M.) Ayes - Mayor Axdahl, Councilwoman Olson, Councilmen Greavu and Haugan. Nay - Councilman Wiegert. a. Mayor Axdahl comvened the meeting for a public hearing on the improvement of Beam Avenue from White Bear Avenue to Hazelwood Ave- nue by construction of sanitary and storm sewers, water, curb and - 2 - 4/8 gutter and street construction. The Clerk read the notice of hear- ing along with the publication dates. b. Mr. I. Samuelson, Howard, Needles, Tammen and Bergendoff, pre- sented slides of the area to be developed and also presented the specifics of the improvements. c. Village Engineer Collier stated the total projected is estimated at a cost of $1,800,000.00. The break down of estimated costs would be water assessment $10.41 per foot; sanitary sewer $14.28 per foot; storm sewer $.02 per square foot - residential and $.04 per square foot - commercial. The street assessment on the south side of Beam Avenue is estimated at $31.00 per foot, the amount per foot on the north side of Beam Avenue would be somewhat higher because of turning lanes, signalization and other services which the south side does not need. There are a row of houses on Radatz Avenue whose property extends to Beam Avenue. These are long lots, approximately 600 feet deep and present peculiar assessment problems. The staff recommends that the footage along Beam Avenue between Southlawn Avenue and White Bear Avenue not be assessed, at this time, for street improvements. They would be assessed for the utility improvements. When a development is proposed for an area facing Beam Avenue, a charge equal to the street assessment would be made to the property owners to allow them access unto Beam Avenue, The rest of the area will be assessed in the normal manner. d. Following further discussion, Mayor Axdahl called for formal ob- jections. No objections were heard. e. Mayor Axdahl closed the public hearing f. Councilman Greavu introduced the following resolution and moved its' adoption: (Accepting the project and ordering final plans and specifications) 71 -4- 51 WHEREAS, after due notice of public hearing on the construction of sanitary and storm sewers, water, curb and gutter and street con- struction on Beam Avenue from White Bear Avenue to Hazelwood St. a hearing on said improvement in accordance with the notice duly given was duly held on April 8, 1971, and the Council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is advisable, expedient, and necessary that the Village of Maplewood construct sanitary and storm sewers, water, curb and gutter and street construction on Beam Avenue from White Bear Avenue to Hazelwood St, as described in the notice of hearing thereon, and orders the same to be made. - 3 - 4/8 2. Howard, Needles, Tammen & Bergendoff, Consulting Engineers is designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 3. This improvement is hereby designated Village Project 70 -5 and further designated as Municipal State Aid Street Project 38- 107 -02. Seconded by Councilman Wiegert. Ayes - all. g. Manager Miller stated a resolution is needed authorizing the Vil- lage Officials to negotiate and acquire right -of -ways for the Beam Avenue project. Councilman Wiegert introduced the following resolution and moved its' adoption: 71 -4- 52 BE IT RESOLVED, that the Council of the Village of Maplewood does hereby determine that the proposed improvement of Beam Avenue from White Bear Avenue to Hazelwood Avenue is for a public purpose and is necessary for the health, safety and welfare of the citizens of the Village of Maplewood; that the Village staff and attorney are here- by authorized to retain the services of such surveyors, appraisers, engineers and others as may be necessary for the planning and con- struction of said Beam Avenue; that the Village staff and attorney are hereby authorized to acquire such temporary and permanent ease- ments for road right -of -way purposes as reasonable and necessary by purchase, donation or the exercise of eminent domain; and that said Village staff and attorney, and those retained hereunder by them, are authorized to enter upon, survey, test and appraise those lands necessary for the construction of said Beam Avenue. Seconded by Councilwoman Olson. Ayes - all. h. Manager Miller requested a motion from the Council that the Man- ager be authorized to write a letter to the developers outlining the anticipated schedule for the work and that the Village anticipates completion of Beam Avenue from White Bear Avenue to Hazelwood by June 1, 1972 and from Highway 61 to Hazelwood Avenue, which is not a part of this hearing, on December 1, 1973. Councilwoman Olson made the motion to authorize the Village Manager to write a letter to the developers outlining the anticipated schedule. Seconded by Councilman Haugan. Ayes - all. 1. Councilwoman Olson stated she had received a letter from Mr. John Taylor, President, Maple Aires Junior Drum and Bugle Corp, outlining the - 4 - 4/8 background of the organization, and Olson wished to present the letter corp receive a commendation. their achievements. Councilwoman o the Council and suggest that the 2. Councilwoman Olson stated there was an article in tonights paper that the Massachusetts Alcoholic Beverage Commission has revoked the liquor licenses of all 84 Elks and Moose Lodges in the state for prac- ticing discrimination. 3. Mayor Axdahl stated he had received a letter from Commissioner John Milton requesting any comments the Council might have regarding the Ramsey County Open Space concepts. 4. Mayor Axdahl stated he had received a letter from Mr. Stan Kegler, Maplewood resident appointed to the Metropolitan Council suggesting that sometime in the near future, he meet with the local Municipal Officials. Maplewood Village Council will host the meeting. Council suggested inviting Mr. Kegler to a "shirt sleeve" session. ADJOURNMENT 9:00 P.M. City lerk - 5 - 4/8