Loading...
HomeMy WebLinkAbout05-27-1971 SMAGENDA Maplewood Village Council 7:30 P.M., Thursday, May 27, 1971 Municipal Administration Building Meeting No. 71 -19 A) CALL TO ORDER (B) ROLL CALL (C) PUBLIC HEARINGS 7 -7 1. Zone Change (R -Z to LBC) - South side of Cope Avenue between Flandrau Street and White Bear Avenue extend- ed (7 :30 P.M.). 2. Special. Use Permits: a. Off - street parking lot - -Fox & Hounds (7:50 P.M.) b. Off- street parking lot -Dege Garden Center (8:10 P.M.) C. Planned unit development - Maplewood Homes (8:30 P.M.) d. Street vacation - East Geranium Avenue (8:50 P.M.) e. Street Vacation - Ridge Street (9:10 P.M.) D) AWARDING OF BIDS 1. Park Shelter -- Afton Heights Park 2. Data Processing Services 3. 11th. Avenue Improvements - Water and Sanitary Sewer (E) UNFINISHED BUSINESS 1. Maryland Avenue Improvements (F) ADJOURNMENT Minutes of Maplewood Village Council 7:30 P.M., Thurso qyy. Nay, ?7,:1971 Council Chambers, Municipal Building Meeting No. 71 - 19 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 7:33 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 -2 to LBC) South side of Cope Avenue between Flandrau Street and White Bear Avenue extended (7:30 P.M.) a. Mayor Axdahl convened the meeting for a public hearing on the zone change request of William R. Johnson from R -2 to LBC, the property de- scribed as Lot 1, Block 5, Smith and Taylor's Addition to North St. Paul along with the North 1/2 of vacated alley adjoining. The Clerk read the notice of hearing along with the publication dates. b. Manager Miller presented the staff report and the recommendations from the Planning Commission. The Planning Commission recommends ap- proval of the zone change with two conditions: (1) The site must commence development under building permit within 6 months. (2) The owner of the property is to sign a waiver agreeing to waive any legal claims against the Village should they rezone this property after 6 months from the date of final approval based upon their fail- ure to develop the site in accord with the approved plan for the site by approved building permit within the 6 month time condition imposed. c. Proponent Attorney George Peterson of Peterson, Bell and Converse, 1480 NW Bank Building, St. Paul, appeared on behalf of the applicant, William Johnson and spoke on behalf of the rezoning. He also asked if the time limit condition be set at one year rather than six months. d. Apponents - Mayor Axdahl called for formal objections to the proposed zone change. None were heard. Mayor Axdahl closed the public hearing. Written objections will be ac- cepted for a one week period. - 1 - 5/27 Councilman Wiegert moved that the decision for the zone change be held over until June 3, 1971 meeting. Seconded by Councilman Greavu. Ayes - all. 2. Special Use Permits a. Off- street parking lot -Fox & Hounds (7:50 P.M.) 1. Mayor Axdahl convened the meeting for a public hearing on the request of Fox and Hounds, Inc. for a Special Use Permit to allow off- street parking on property described as the East 150 feet of the South 290 feet of the SW 1/4 of the SE 1/4 of Section 18, Township 29, Range 22. The Clerk read the notice of hearing along with the publication dates. 2. Manager Miller presented the staff report and recommendations. 3. Administrator Seida read the Planning Commission recommendation for approval of the special use permit subject to conditions: (1) The existing residence and garage be removed from the site in its entirety. To retain the residence will expose residential occupants to constant parking nuisances or the dwelling will become utilized for commercial purposes because of its undesirable environment for resident- ial use. This Office projects the view that the existing dwelling, if allowed to remain, will become a community nuisance problem and headache involving code compliance regarding the zoning land use regulations of single dwelling zoning. (2) There must be a physical widening of the pavement surface of Adolphus Street in this area to adequately accomodate the turning move- ments at the intersection of Adolphus and Larpenteur. The existing right -of -way of Adolphus Street in this area is only 30 feet. There- fore, additional right -of -way must be provided and the improvement widen- ed to accommodate the traffic using Adolphus Street. It is recommended that an additional 15 ft, of right -of -way (minimum) be granted from the east side of the site in question and that the improvement be widened an additional 10 feet. (3) A 5 ft. wide sidewalk must be installed along the west side of Adolphus Street from the intersection of Larpenteur and Adolphus to a point 670 feet north of said intersection and opposite the front en- trance of the Fox and Hounds Restaurant entrance. Such a sidewalk is necessary for parking lot patrons to maneuver safely by foot from this remote parking lot to the restaurant without having to utilize the al- ready congested under -width street for both purposes of pedestrian move- ment and vehicles in the same area. (4) The west and north sides of the proposed off - street parking area shall have a 7 ft. high opaque fence approved by the Planning Director. This fence is needed to block out car headlamp glare and area parking lighting from the lot area to adjoining residential property to the west and north. Likewise, the fence system acts to trap waste and debris from the lot without accumlating in the adjoining properties. - 2 - 5/27 (5) A plan indicating which existing trees will be removed must be submitted and approved by the Planning Director prior to any excavation, fill, or development of a parking lot on the property being started. (6) The off- street parking lot shall be hard surfaced with asphalt surface and properly striped before occupancy for parking is allowed on the site. (7) The parking lot shall be lighted in accord with a lighting plan that must be submitted to and approved by the Planning Director. (8) The parking area adjacent to Adolphus Street must be filled and elevated to a level consistent with the grade of Adolphus Street. The current gradient differential between the site and Adolphus Street is severe and unsafe to merely ramp from one level to another. (9) All accesses of ingress- egress to the parking lot shall be limited to and from Adolphus Street. No access for parking purposes shall be allowed to Larpenteur Avenue from the site. (10) A landscaping plan for the parking area shall be submitted and approved prior to occupancy of the parking lot. (11) A 20 foot landscaped strip within the property paralleling the front property line along Larpenteur Avenue shall be landscaped and sodded with no parking or drive areas allowed within this designated landscape area. (12) The drainage and grading plan of the parking area shall be subject to the Village Engineer's approval prior to any grading, filling, or construction of the parking lot. (13) A 10 foot clear zone free of parking shall be maintained along the east side of the property within the property in order to allow for safe and clear vision for negotiating traffic into and out of the parking area. (14) A revised parking layout arrangement for stalls and internal cir- culation must be submitted taking into account these conditions. This revised layout must be approved by the Planning Director. (15) All parking spaces must contain a minimum of 200 sq. ft. of space and have minimum dimensions of 10 ft, wide and 20 ft. long. (16) The off - street parking lot shall be restricted for parking use only relating to the existing business establishment known as the "Fox and Hounds Restaurant ". No other land use may use said lot for meeting or satisfying off - street parking requirements. (17) This Special Use Permit shall be subject to review at the dis- creation of the Village Council at anytime the Council has reason to review the Permit due to negligence of maintenance, change in planning or development conditions in the area, non - compliance to imposed con - ditions of this Permit, or justified and proven citizen complaints. Further, the Council, upon demonstrable findings may, by majority vote, - 3 - 5/27 act to revoke such permit. To modify any of the conditions of this Permit or change the physical arrangement of the Plan shall require a public hearing and compliance to all provisions and procedures of the Special Use Permit hearing procedures specified in the Municipal Code. (18) The Special Use Permit to use the site for off - street parking shall be assigned to the Fox and Hounds Restaurant. Any change in the occupancy or use of the current facility (Fox & Hounds Restaurant) shall not give future occupants any rights to the use of the parking allowed in this permit. Further, should the Fox and Hounds Restaurant vacate its current business premises, go out of business, or abandon its current business site, then the Special Use Permit for off - street parking for the described premises in this Permit shall become immed- iately null and void, and such parking land use rights: in this Permit shall not be transferable or negotiable by the permittee (Fox and Hounds, Inc.) to any future occupants or purchasers of the property addressed as 1734 Adolphus Street on which is located the Fox and Hounds Restaurant. (19) The Permittee (Fox and Hounds, Inc.) shall sign a waiver agreement with the Village which specifies that they, as the Permit holder, waive any legal claims for damages or business loss against the Village, should the Village withdraw the Special Use Permit allowing off - street parking for this property. (20) The granting of this Special Use Permit shall not be interpreted as satisfying the required parking demanded by the banquet facilities within the existing Fox and Hounds Restaurant. It should be understood that until compliance of providing 57 usable off - street parking spaces can be made, no occupancy for the banquet facility will be granted due to minimum code requirement for such building activity. Motion carried with following vote: Ayes - 6, Nay - 5 4. Proponents: Mr. Richard Sundberg, one of the owners of the Fox and Hounds, spoke on behalf of the proposed Special Use Permit. 5. Council listened to the tape of the meeting where the Fox and Hounds received initial approval of their proposals. 6. Mayor Axdahl called for formal objections. The following were heard: Mrs. Lawrence Dittel, 1754 Onacrest Curve, presented a list of sig- natures of neighbors opposed to the special use permit. Mr. Lawrence Dittel, 1754 Onacrest Curve Jim Himes, 1740 Onacrest Curve Mrs. Harald Haugan, 1740 Onacrest Curve 7. Following further discussion, Mayor Axdahl closed the public hearing. Councilman Haugan moved to dela: to investigate the parking spat received for a one week period. ion for one week to allow staff 4 5/27 e Seconded by Councilman Greavu. Ayes - all. b. Off-Street Parking Lot - Dege Garden Center (8:10 P.M.) 1. Mayor Axdahl convened the meeting for a public hearing on the request of the Dege Garden Center for a Special Use Permit to allow construction of an off - street parking lot on property described as Lots 31 and 32, Block 1, Cahanes Acres. The Clerk read the notice of hearing along with the publication dates. 2. Manager Miller presented the staff report. 3. Administrator Seida read the Planning Commission reports stating that the Special Use Permit be approved subject to the following conditions: (1) The submitted parking plan architectural site plan prepared by Bather Ringrose Wolsfeld, Inc., dated May 3, 1971 shall be the approved and governing plan layout and control on all site planning, development, and land use. (2) The Special Use Permit for 28 off- street parking spaces shall be restricted for parking use only relating the existing business establish- ment known as the "Dege Garden Center" as it is presently constituted in terms of total retail floor space and retail ground area; (3) The entire parking surface area and drives within the area connectin, to the streets shall be hardsurfaced with bituminous asphaltic mix and appropriately marked prior to use for off - street parking purposes; (4) The landscaping treatment: as specified on the plan shall be in- stalled prior to allowance for use for off street parking. (5) No commercial use for sale, storage, display or advertising signs of garden materials, plants, or any other kinds or goods shall be allowed anywhere on the legally described property to which this Special Use Permit is issued. (6) No portion of the approved parking lot area shall be used for truck or trailer storage. (7) The drainage of the parking area shall be subject to approval by the Village Engineer and shall be resolved and rectified prior to oc- cupancy to the Parking Permit area being granted by the Village Building Official; (8) This Special Use Permit shall be subject to review at the discretion of the Village Council at anytime the Council has reason to review the Permit due to negligence of maintenance, change in planning or develop- ment conditions in the area, non - compliance to imposed conditions of the Permit, or justified and proven citizen complaints. Further, the Council, upon demonstrable findings, may by majority vote act to revoke such permit. To modify any of the conditions of this Permit or change the physical arrangement of the Plan shall require a public hearing and com- pliance to all procedures of the Special Use Permit hearing procedures specified in the Municipal Zoning Code. - 5 - 5/27 (9) The Special Use Permit to use the site for off - street parking shall be assigned to the Dege Garden Center. Any change in the oc- cupancy or use of the current Dege Garden Center shall not give future occupants any rights to the use of the parking allowed in this permit. Further, should the Dege Garden Center vacate its business premises, go out of business, or abandon its current business site, then the Special Use Permit for off- street parking for Lots 31 and 32, Elk, 1, Cahanes Acres, shall become immediately null and void and such parking land use rights in this Permit shall not be transferable or negotiable by the permittee (Mr. Albert Dege) to any future occupants or purchasers of Dege Garden Center Property located at 831 Century Avenue, North. (10) This Special Use Permit must be exercised by obtaining a Driveway Construction Permit within 15 days from the date of final Village Council approval on the Special Use Permit becomes void. (11) The Permittee (Mr�.Albert Dege) shall sign a waiver agreement with the Village which specifies that he, as the Permit holder, waives any legal claims for damages or business loss against the Village should the Village withdraw the Special Use Permit. Also, the agreement shall provide that Mr. Albert Dege shall not be able to use the Special Use Permit parking area as an item of claim against any other level of govern- ment which should act to physically improve and /or widen Century Avenue where a condemnation of land might be necessary for additional widening. 4. Proponents - None at this time. 5. Opponents - Steve Wing, Landfall Village, recently purchased property north of this property and wished to have several questions answered. 6. Mayor Axdahl called for formal objections. The objectors were heard: Anthony Cahanes, 2703 E. Seventh Street Gunnar Cronk, 2695 East Seventh Street in favor of the proposed park- ing lot. Diane Glaske, 804 Mayhill Road, opposed to parking on Seventh Street; not against parking lot but does not want entrance on Seventh Street. 7. Mayor Axdahl closed the public hearing. 8. Following further discussion, Councilman Greavu moved to delay de- cision until June 3, 1971 and to allow for written objections to be 1 Seconded by Councilman Haugan. Ayes - all. c. Planned Unit Development - Maplewood Homes (8:30 P.M.) 1. Mayor Axdahl convened the meeting for a public hearing on the re- quest of Maplewood Homes for a Planned Unit Development (300 condominium dwelling units composed of sixty 4- bedroom dwelling units and forty 3- bedroom dwelling units) on property described as Lots 1:1thsu 4, Block 1 and Lots 1 thru 3, Block 2, Beaver Lake Addition. The Clerk read the notice of hearing along with the publication dates. 2. Manager Miller presented the staff report and read the following recommendation: - 6 - 5/27 "Although in agreement with the planned unit approach for this property, the staff recommends that action be deferred on this plan until a revised site plan encompassing the comments of this report can be provided or other solutions found. Secondly, no action is recommended on this or any other plan for the site until decision or action is taken on the issue of Maryland Avenue's con- struction future along with Ferndale Street." 3. Administrator Seida presented the following Planning Commission recommendation: Commissioner Singer moved Planning Commission recommend to Council that although the Planning Commission does not object to the Planned Unit approach, the Planning Commission recommends that action be de- ferred on this plan until a revised site plan encompassing the com- ments of this report can be provided or other solutions found. Sec- ondly, no action is recommended on this or any other plan for the site until decision or action is taken on the issue of Maryland Ave- nue's construction future along with Ferndale Street, plus any and all utility needs for the area. Commissioner Dreawves seconded. Motion carried. Ayes - all. 4. Melvin Goeben spoke on behalf of the proposed planned unit de- velopment and explained the specifics. He stated he wished to ap- pear in two weeks with a revised proposal. 5. Opponents - Mayor Axdahl called for formal objections. The fol- lowing were heard: Don Kielsa, 2682 E. Geranium Street Bernadine Morrison, 2638 E. Geranium Street 6. Mayor Axdahl closed the public hearing. 7. Following further discussion Councilman Greavu moved to table the matter until after the discussion on Maryland Avenue,later on Seconded by Councilman Haugan. Ayes - all. d. Street Vacation - East Geranium Avenue (8:50 P.M.) 1. Mayor Axdahl convened the meeting for a public hearing for the street vacation of Geranium Avenue that is abutting and adjacent to Lots 1, 2, 3 and 4, Block 1, and Lots 1, 2, 3 and 4, Block 2, Beaver Lake Estates. The Clerk read the notice of hearing along with the publication dates. 2. Manager Miller presented the staff report. 3. Administrator Seida presented the Planning Commission's re- commendation: - 7 - 5/27 Commissioner Singer moved Planning Commission .recommend to Council that the petition for East Geranium Street as requested be denied on the basis of the Commission's action on the Maplewood Homes Special Use Permit Application. Commissioner Batman seconded. Motion carried. Ayes - all. 4. Mayor Axdahl called for formal objections. The following were heard: Dick Sagstetter, 1003 Van Buren Avenue Don Izielsa, 2682 E. Geranium Street. 5. Mayor Axdahl closed the public hearing. 6. Councilman Greavu moved to table this matter until after the Maryland Avenue Improvements discussion. Seconded by Councilman Wiegert. Ayes - all. e. Street Vacation - Ridge Street (9:10 P.M.) 1. Mayor Axdahl convened the meeting for a public hearing to vacate Ridge Street from Skillman Avenue to 320 feet south of Ripley Street. The Clerk read the notice of hearing along with the publication dates. 2. Manager Miller presented the staff report. 3. Administrator Sieda presented the following Planning Commission's recommendation: Commissioner Singer moved vacation of Ridge Street between Soo Line Tracks on the north to Summer Street on the South, with the retaining of 20 feet on either side of Frost Avenue for future street use along with retaining utility easement rights;,on said vacation. Commissioner Mogren seconded. Motion carried. Ayes - all. 4. Proponents - None were heard. 5. Mayor Axdahl called for formal objections. None were heard. 6. Mayor Axdahl closed the public hearing. 7. Councilman Greavu moved to delay decision on this matter unt one Seconded by Councilman Haugan. tten objections to be filed for a Ayes - all. Councilman Greavu moved to modify the Agenda and to discuss Item E - I- Unfinished Business at this time. Seconded by Councilman Greavu. Ayes - all. - 8 - 5/27 E. UNFINISHED BUSINESS 1. Maryland Avenue Improvements a. Village Engineer Collier explained in detail the specifics of the proposed improvements for Maryland Avenue. Mr. Collier further ex- plained the sanitary sewer lines in the area. b. Following considerable discussion, Councilwoman Olson moved to deny the street construction, and utilities improvements until such time as Seconded by Councilman Haugan. Ayes - all. Council requested Staff to set up a "shirt sleeve" session with Ramsey County and the Highway Department for the purpose of obtaining infor- mation regarding plans for Stillwater Road, Lakewood Drive. c. Planned Unit Development - Maplewood Homes (8:30 P.M.) continued - 1. Councilman Wiegert moved to suspend the rules of procedure and take action on the request of Maplewood Homes for a Planned Unit Development Special Use Permit at this meeting. Seconded by Councilman Greavu. Ayes - all. 2. Councilman Greavu moved to deny the request of Maplewood Homes for a Planned Unit Development Special Use Permit until more in- formation on the street alignments, sanitary sewer lines is available. Seconded by Councilman Wiegert. Ayes - all. d. Street Vacation - East Geranium Avenue - continued 1. Councilwoman Olson moved to deny the Geranium Avenue street vacation. Seconded by Councilman Haugan. Ayes - all. Harold Shear, Attorney, representing Wiensch Construction, requested Council to reconsider their denial of the requested extension of time limit for their Planned Unit Development Special Use Permit. Councilman Greavu moved to reconsider the Council's %action to deny the time extension for Wiensch Construction at the next meeting (June 3, 1971) and at that time demand proof that they are ready to proceed with development. Seconded by Councilman Wiegert. Ayes - Mayor Axdahl, Councilwoman Olson, Councilmen Greavu and Wiegert. Nay - Councilman Haugan. - 9 - 5/27 Councilman Greavu moved to extend tb 1971 to June 3, 1971 for reconsiderE Seconded by Councilman Wiegert. D. AWARDING OF BIDS 1. Park Shelter - Afton Heights Park time extension from . Ayes - Mayor Axdahl, Councilwoman Olson, Councilmen Greavu & Wiegert. Nay - Councilman Haugan. a. Manager Miller stated Ramsey County has not signed the Lease for the Afton Heights Park site as yet. Staff recommends awarding of bids for the recreation building, on this site, contigent on Ramsey County signing the lease. b. Councilwoman Olson introduced the following resolution and moved its adoption: 71 -5 -88 BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Gilbert Construction Co, in the amount of $17,883.00 is the lowest responsible bid for the construction of a recreation building on the Afton Heights Park site, and the Mayor and Clerk are hereby author- ized and directed to enter into a contract with said bidder for and on behalf of the Village. BE IT FURTHER RESOLVED, said contract will be awarded subject to the Ramsey County Board of Commissioners negotiating a lease agreement with the Village of Maplewood for the Afton Heights Park Site. Seconded by Councilman Greavu. 2. Data Processing Services Ayes - Councilwoman Olson, Council- men Greavu, Haugan & Wiegert. Nay - Mayor Axdahl. a. Manager Miller recommended Tabulating Service Bureau as being the lowest responsible bidder for data processing services and requested authority for the staff to negotiate a final contract. b. Councilman Wiegert a final contract Seconded by Councilman Haugan - 10 - to Ayes - Mayor Axdahl, Councilmen Greavu, Haugan and Wiegert. Nay - Councilwoman Olson 5/27 F4 3. Eleventh Avenue Improvements - Water and Sanitary Sewer a. Village Engineer Collier stated that Arcon Construction Company was the apparent low bidder for the construction of sanitary sewer and water improvements on Eleventh Avenue from Ariel Street to White Bear Avenue. b. Councilman Greavu introduced the following resolution and moved its adoption: 71 - 5 - 89 BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Arcon Construction Company in the amount of $53,175.15 is the lowest responsible bid for the construction of Improvement No. 70 - 16 (Eleventh Avenue Sanitary Sewer and Water) and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the Village. Seconded by Councilman Wiegert. Ayes - all. 1. Village Attorney Lais informed the Council that he and the attorneys:. representing Signcrafters had agreed on a figure of $1,250.00 to settle the suit Signcrafters, Inc, have brought against the Village. He advised the Council that the Village should settle for this amount. Councilman Wiegert settling the suit Seconded by Councilman Greavu. G. ADJOURNMENT 11:23 P.M. /"City' Clerk - 11 - 5/27 to orocede in Inc Ayes - all.