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HomeMy WebLinkAbout02-08-1973 SMAGENDA Maplewood Village Council 7:30 P.M., Thursday, February 8, 1973 Hillside Junior High School ,Meeting 73 - 5 CALL TO ORDER (B) ROLL CALL (C) PUBLIC HEARINGS 1. Special Use Exception - Indoor Roller Skating Rink (Cope Avenue and Atlantic Street) (7:30 P.M.)* 2 Water Improvement - Area 1 (8:00 P.M.)* 3. Water Improvement - Area 2 (9:00 P.M.)* 4. Water Improvement - Desoto Street (9:30 P.M.)* 5. Water Improvement - Linwood Avenue (9:45 P.M.)* (D) UNFINISHED BUSINESS 1. Water Availability Charge - Ordinance E) ADJOURNMENT *Persons wishing to make statements or presentations should sign the list which is placed at the entrance to the cafetorium, Appearances will be in the order of the listing. Those simply wishing to enter their names into the record in favor of or in opposition to the proposed zone change or improvement may sign the appropriate sheet at the entrance. MINUTES OF MAPLEWOOD VILLAGE COUNCIL 7 :30 P.M., Thursday, February 8, 1973 Cafetorium, Hillside Junior High School Meeting No. 73 -5 A. CALL TO ORDER A special meeting of the Village Council of Maplewood, Minnesota was held in the Cafetorium, Hillside Junior High School 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 Donald E. Olmstead, Councilman Present Donald J. Wiegert, Councilman Present C. PUBLIC HEARINGS 1. Special Use Exception - Indoor Roller Skating Rink (Cope Avenue and Atlantic Street (7:30 P.M.) a. Mayor Axdahl convened the meeting for a public hearing regarding a request to use M -1 zoned land within 200 feet of a Residential District for an indoor roller skating arena to be located on the east side of Atlantic Street between Cope Avenue and Highway 36. The Clerk read the notice of hearing along with the dates of publication. b. Manager Miller presented the staff report. c. Chairman Lyman Coombs, Planning Commission, presented the following Planning Commission report. "Commissioner Prew moved that the Planning Commission submit the following re- port to the Village Council: The Planning Commission has reviewed the subject request, together with Staff reports and recommendations. As a result of this review it has been determined that: 1. The proposed use would complicate and compound the existing, and present- ly unanswered traffic and right of way problems in the specific area, as outlined in the staff report, and 2. The proposed use does not conform to the allowable alternatives for usage specified under the Land Use Plan for the specific area as is outlined in the proposed Comprehensive Plan for Maplewood, and 3. The proposed use would, in the opinion of the Commission, be extremely objectionable to the residents of the adjacent residential neighborhood, - because of the type of operation and hours of usage (together with the above mentioned traffic generation), and - 1 - 2/8 4. The proposed use would, again in the opinion of the Commission, assuredly act as a nucleus for further similar developments, including drive -in and /or carry -out type refreshment or eating establishments, etc., which would increase the conflict with the adjacent residential neigh- borhood to the south: Therefore, the Village Planning Commission does recommend to the Village Council that the Special Permit for any use in M -1 Zone as requested by Skate Country, Inc, should be denied. Commissioner Howard seconded. Motion carried - 6 For, 4 Absent." d. Mayor Axdahl asked if the proponents had any comments to give at this time. Peter Mansur, attorney representing the owner of the subject property and the applicants in this matter, spoke on behalf of the proposal. Two gentlemen, from Cedar Falls, Iowa, who are connected with Skate, Inc., were present to explain what this skate arena would be; however, if Council did not wish them to give this presentation at this time, he then requested the special use exception be continued until some future date so a full and fair determination on the mefitfa, both pro and con, could be made. e. Mayor Axdahl read the letter, from the Highway Department, addressed to Mr. Rollie Rank, regarding development of Highway 36. f. Mayor Axdahl asked if there were any other persons who wished to speak in favor of the proposal. The following were heard: Don Laughlin, president of Skate Country, Inc. (from Cedar Falls, Iowa) Leon K. Launt, architect for the project. (from Cedar Falls, Iowa) g. Mayor Axdahl asked if there were persons present who wished to speak in opposition. The following were heard: Duane Schritchfield, 1276 E. Cope Charles Cody, 1294 Cope Roger Franz, 1282 E. Cope Warren Peterson, 2257 English John Hogan, letter received indicating objection. Bob Rugloski, lives on Clarence Street, was here to represent business at 1175 E. Highway 36, as well as representing all business men in the area of Highway 36, east of Highway 61, both the north and south side of Highway 36, requests that this proposal be tabled until access as to ingress and egress be established in this area. h. Mayor Axdahl closed the public hearing portion. i. Councilman Olmstead a street mation from the Highway Department as to what type of future access there is going to be onto Highway 36. Seconded by Councilman Wiegert. Ayes - all. - 2 - 2/8 2. Water Improvement Area 1 (8:00 P.M.) a. Mayor Axdahl convened the meeting for a public hearing regarding con- struction of water mains, service connections, appurtenances and necessary street reconstruction in the area of County Road "D" from Hazelwood to White Bear Avenue, Hazelwood Street from Frost Avenue to County Road "D ", the north side of T.H. 36 from Atlantic Street to English Street, English Street from T.H. 36 to Gervais Avenue; Barclay Street from the north side of T.H. 36 to Gervais Avenue, Gervais Avenue from Barclay Street to 1200 ft.west of center- line of Maplewood Drive; the west side of Maplewood Drive from Gervais Avenue to County Road "C "; Germain Street from Gervais to County Road "C "; Flandrau Street from Demont Avenue to County Road "C "; Demont Avenue from Germain Street to Bittersweet Lane; County Road "C" from 500 £t, west of Maplewood Drive to Kennard Street; Gem Street from County Road "C" to Vale Avenue; Vale Avenue from Gem Street to Southlawn Drive,,: and Southlawn Drive from Vale Avenue to Beam Avenue, all within Improvement Area No. 1. The Clerk read the notice of hearing for all of the public hearings along with the dates of publication. b. Mr. James Wiley, Kirkham, Michael and Associates, presented the staff re- port. c. Mayor Axdahl called for persons who wished to speak in favor ofethe pro- posed improvement. The following were heard: Joe Zappa, 2522 Flandrau is in favor of putting water in the area, but is against the Water Availability Charge. d. Mayor Axdahl called for persons who wished to speak against the proposal. The following were heard: George Rossback, 1406 E. County Road C, presented a petition,signed by 19.property owners on County Road C, objecting. William Gardner, 2480 Hazelwood Avenue. Philip Oswald, 1534 E. County Road C. Bob Hajicek,1700 E. County Road D. George Supan, 3050 Hazelwood, presented a petition signed by fivc . property owners on Hazelwood. John Luger, 2559 Germain, presented a petition signed by 12property owners from Demont to "C" on Germain. Bill Carr, lives in Minneapolis, but owns land on Hazelwood. John Carr, 3062 Hazelwood. Ronald Haust, 2551 Germain Street. David Shunann, 1600 E. County Road C. George Warner, 2618 Germain. William Eshling, presented a petition from the businesses along T.H. 61, requesting the water improvement, and property owners on Gervais, west of Highway 61 and also of property on Maplewood Drive from Gervais Street north to County Road C. Norman Anderson, 1603 Frost Avenue, asked several questions. Gene Lund, Maplewood Drive, 46 feet on Gervias, was not contacted by Mr. Eshling regarding the petition; he spoke in support of the improvement. e. Mayor Axdahl closed the public hearing. - 3 - 2/8 f. Councilman Wiegert rinion on the to Seconded by Councilman Haugan. Ayes - all. 3. Water Improvement - Area 2 (9:00 P.M.) a. Mayor Axdahl convened the meeting for a public hearing regarding the cony= - - +. struction of water mains, service connections, appurtenances and necessary street reconstruction in the following described locations: Beebe Road between Larpenteur Avenue and Ripley Avenue; Ripley Avenue from Beebe Road to Furness Street; Holloway Avenue from Furness Street to Lakewood Drive; Lakewood Drive from Holloway Avenue to Tierney Avenue; Larpenteur Avenue from Myrtle Street to Century Avenue; Sterling Street from Larpenteur Avenue to 400 ft, south of Idaho Avenue; Idaho Avenue from Sterling Street to a point 500 ft, easterly of Sterling Street, all within improvement area No. 2. b. Mr. James Wiley, Kirkham, Michaels and Associates, presented the staff report. c. Mayor Axdahl called for persons who wished to speak for or against the pro- posed improvements. The following were heard: Mr. Jack McCauley, 2308 Holloway Avenue, is already connected to North St. Paul Water. Mr. Fred Moore, Beebe Road, requested information as to what is going to happen in the Beebe Road area. Mr. Perry Melchoir, 1895 Lakewood Drive, is connected to North St. Paul Water, Mrs. Charlotte Gauthier, 2476 E. Larpenteur Avenue, has a corner lot and wished to know how she would be assessed. Mr. Burke, Engineer for St. Paul Priory, stated the Priory does not need F3ater as they have their own water tower. (The St. Paul Priory previously had submitted a petition requesting water to be extended on Larpenteur Avenue to their property on the south side of Larpenteur Avenue.) Council requested Mr. Burke to inquire if the Priory wished to withdraw the petition. d. Mayor Axdahl closed the public hearing. e. Councilman Wiegert moved to table the matter until February 22, 1973 for further testimony and information and to evaluate the feasibility of using the Priory Water Tower. Seconded by Councilman Olmstead. Ayes - all. 4. Water Improvement - DeSoto Street (9:30 P.M.) a. Mayor Axdahl convened the meeting for a public hearing regarding construct- ion of water mains, service connections, appurtenances and necessary street re- construction on DeSoto Street from Roselawn Avenue to Larpenteur Avenue and Larpenteur Avenue from DeSoto Street to Arkwright Street. This proposed water improvement was petitioned for. b. Mr. James Wiley, Kirkham, Michael and Associates, presented the staff report. - 4 - 2/8 c. Mayor Axdahl stated letters were received from the following persons voicing objection to the improvement: Mr. Monico Renteria, 1900 Desoto Street Mr. and Mrs. Robert Peterson, 1747 Desoto Street Mrs. Violet Peterson, 1765 DeSoto Street Mrs, C. Arbore, 1780 DeSoto Street d. Mayor Axdahl called for persons who wished to speak for or against the proposal. The following were heard: Mr. Carmen Ariola, 1790 DeSoto Street, spoke in favor of the proposal. Walter Laszcwski, 1764 DeSoto Street, spoke in opposition to the proposal. Mr. Edward Maslowski, 1915 DeSoto Street, spoke in opposition. Mr. Eugene Dellis, 1838 DeSoto Street, spoke in favor of the proposal. Mrs. Robert Peterson, 1747 DeSoto Street, requested her name be withdrawn from the petition. She opposes the proposal. e. Mayor Axdahl closed the public hearing. f. Following further discussion, Councilman Haugan introduced the following resolution and moved its adoption: 73 - 2 - 22 WHEREAS, after due notice of public hearing on the construction of water mains, service connections, appurtenances and necessary street re- construction on DeSoto from Roselawn Avenue to Larpenteur Avenue and Lar- penteur Avenue from DeSoto Street to Arkwright Street, a hearing on said improvement in accordance with the notice duly given was duly held on Feb- ruary 8, 1973, 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 water mains, service connections, appurtenances and necessary street reconstruction on DeSoto from Roselawn Avenue to Larpen- teur Avenue and Larpenteur Avenue from DeSoto Street to Arkwright Street, as described in the notice of hearing thereon, and orders the same to be made. 2. The Village Engineer 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 to be a part of 1973 Water Improvements, Project No. 73 -1, and its former designation as Project No. 72 -14 is hereby deleted. Seconded by Councilman Wiegert. Motion carried. Ayes - Councilmen Greavu, Haugan, Olmstead and Wiegert. Nay - Mayor Axdahl - 5 - 2/8 5. Water Improvement - Linwood Avenue (9:45 P.M.) a. Mayor Axdahl convened the meeting for a public hearing regarding con- struction of water mains on Linwood Avenue from 900 feet east of McKnight Road to a point 2700 feet east of McKnight Road. b. Mr. James Wiley, Kirkham, Michael and Associates, presented the staff re- port; c. Mayor Axdahl called for persons who wished to speak for or against the proposal. The following were heard: Mr. Kenneth D. Gervais, 2373 Linwood Avenue, spoke in opposition to the proposal. Mr. Al Berg, 2481 Linwood Avenue, spoke in opposition. Mr. Budd Kolby, 2350 Linwood Avenue, spoke in opposition. Mrs. Ione Petersen, 2401 Linwood Avenue, spoke in opposition. Residents in the area stated if improvements are to be constructed, it should be sanitary sewer and water, not just water alone. d. Mayor Axdahl closed the public hearing, e. Councilman Greavu moved to deny the proposed water construction on Linwood Avenue. Seconded by Councilman Haugan. Ayes - all. f. Councilman Greavu to C sewer ana water improvements on 73 - 2 - 22A WHEREAS, the Village Council has determined that it is necessary and expedient that the area described as Linwood Avenue from McKnight Road to Century Avenue be improved by construction of water mains, water service connections, sanitary sewer, sewer service connections, storm sewer, street, curb and gutter and necessary appurtenances; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MAPLEWOOD, MINNESOTA, that the improvement as hereinbefore described is hereby referred to the Village Engineer, and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and should best be made as proposed, and the estimated cost of the improvement as recommended. Seconded by Councilman Wiegert. Ayes - all. D. UNFINISHED BUSINESS 1. Water Availability Charge - 6 - 2/8 a. Manager Miller stated the Water Availability Charge is proposed as a method of paying a portion of the millions of dollars which will be spent for water improvements over the next 20 years. There is a need for the pay- ment of some type of an availability charge from the developers of land, and that is what we are proposing at this time. The ordinance, which is being proposed, has been reviewed by the attorney and was found, he feels, to be a legal charge. b. Village Engineer Collier reviewed the proposed WAC Ordinance. c. After much discussion, Councilman Haugan moved that this matter be tabled for further study. Seconded by Councilman Greavu. Ayes - all. 2. Resolution - Robert Westbrook Mayor Axdahl introduced the following resolution commending Robert Westbrook and moved its adoption: 73 - 2 - 23 WHEREAS, ROBERT E. WESTBROOK, has served as Chief of the Parkside Fire Department in the Village of Maplewood from its inception to the present time; and WHEREAS, ROBERT E. WESTBROOK has served as Chief throughout the period aof building the Department from 1 truck to its present complement of 2 pumpers, 1 tanker, 1 rescue squad and 1 jeep, as well as over 35 currently active mem- bers; and WHEREAS, the Parkside Fire Department under Chief Westbrook has deligent- ly and successfully provided fire protection and rescue services to the Park- side community particularly, and to the rest of the Village when needed; IT IS HEREBY RESOLVED by the Council of the Village of Maplewood that the sincere gratitude of the community is hereby extended to ROBERT E. WEST- BROOK for his many years of faithful, dedicated service on behalf of the community as Chief of the Parkside Fire Department. BE IT FURTHER RESOLVED, the community hopes that Mr. Westbrook will con- tinue as a volunteer fireman in the tradition of the department which he has always upheld. BE IT FURTHER RESOLVED, the Clerk is instructed to forward a certified copy of this Resolution to Robert E. Westbrook. Seconded by Councilman Greavu. Ayes - all. E. ADJOURNMENT 11:32 P.M. it Clerk - .7 - 2/s