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HomeMy WebLinkAbout04-26-1973 SMAGENDA Maplewood Village Council 7:30 P.M., Thursday, April 26, 1973 Municipal Administration Building Meeting 73 - 16 CALL TO ORDER ROLL CALL C) PUBLIC HEARINGS 1. Zone Change (F -R to LBC) - Northeast corner of White Bear Avenue and Beam Avenue (7:30) 2. Special Use Permit - Nursery school (Lutheran Church of Peace, Century Avenue) (8:00) 3. Zone Change (F -R to S -C) - East side of White Bear Avenue immediately south of the Northern States Power overhead electric lines (8:30) D) UNFINISHED BUSINESS 1. Assessment Recertification (E) ADJOURNMENT MINUTES OF MAPLEWOOD VILLAGE COUNCIL 7:30 P.M., Thursday, April 26, 1973 Council Chambers, Municipal Building Meeting No. 73 -16 A. CALL TO ORDER A special meeting of the Village Council of Maplewood, Minnesota was held in the Council Chambers of the 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 Donald E. Olmstead, Councilman Present Donald J. Wiegert, Councilman Present C. PUBLIC HEARINGS 1. Zone Change (F -R to LBC) - Northeast Corner of White Bear Avenue and Beam Avenue (7:30 P.M.) a. Mayor Axdahl convened the meeting for a public hearing on the petition to rezone from F -R to LBC, the northeast corner of White Bear and Beam Avenues. The Clerk read the notice of hearing along with the dates of publication. b. Manager Miller presented the staff report. He also stated although a spec- ific site development plan is not being proposed at this time, I feel that it is advantageous to all parties if the Council goes on record as expecting cer- tain requirements of any site plan for the rezoned area. I would suggest that the Council go on record as favoring the following requirements for any site development plan for this area: 1. To avoid the inevitable traffic congestion which usually results from numerous curb cuts on a busy street such as White Bear Avenue, the number of curb cuts from this rezone site onto White Bear Avenue should be limited to not more than one access point to be located no closer than 250 feet north of the intersection of White Bear Avenue and Beam Avenue and that the accesses on Beam Avenue be located no closer than 100 feet from the intersection of White Bear Avenue and that any such accesses be seperated by a minimum of 150 feet. 2. All land uses shall be limited in terms of activity to professional type offices and retail stores marketing goods shall not be interpret- ed to be a similar use provided for in the LBC zone. 3. Due to the impact upon surrounding residentially zoned lands, it is suggested that the proposed site development plan be heard publicly at the time of consideration. 4. A 50 foot minimum front yard setback shall be established for all - 1 - 4/26 buildings from the Village park property line. No buildings shall be located closer than 30 feet to the west or south property lines. A minimum 15 foot wide landscaped open space buffer shall be provided adjacent to the park property on the LBC zoned property. No off - street parking lot spaces shall be allowed closer than 15 feet to the park property nor closer than 10 feet to Beam Avenue or White Bear Avenue. 5. The maximum building or structure height shall be three stories or 38 feet whichever is less. 6. No building or combination of buildings on any lot or parcel of land shall exceed forty percent of the total land area involved in order to provide adequate on site parking and setbacks. 7. The maximum floor area ratio shall not exceed 1.0. The floor area ratio shall be determined by the following formula: Floor Area Ratio = total floor area total lot area 8. All off - street parking shall meet Village Parking Code requirements. 9. A landscaping plan shall be required at the time of submittal of the proposed development plan and shall be approved by the Village Council. Due to the closeness to the public park, it is felt that an extensive landscaping plan, including trees and bush materials, will be required. 10. Sign control should be extensive for this area to avoid a profusion of an excessive amount of signs. Village sign requirements shall prevail on all matters related to signs. 11. The site development plan shall include exterior and safety lighting. 12. The plan shall include sidewalk facilities having a five foot minimum width along White Bear Avenue. c. Chairman Lyman Coombs presented the following Planning Commission recommend- ation: "Commissioner Kent moved that the Planning Commission recommend to the Village Council that the application of Don Regan be approved from Farm Residence to Limited Business Commercial and that strong consideration be given to the Manager's twelve points as outlined in his report. Chairman Coombs called for a vote on Commissioner Kent's motion. The motion carried 6 - 1 with Commissioner Batman voting no and Commissioner Mogren abstaining." d. Mayor Axdahl asked for persons who wished to speak in favor of the proposal. The following were heard: Mr. Seldon Caswell, 1562 White Bear Avenue, attorney representing the applicants. - 2 - 4/26 Mr. Donald Regan, 2550 Poplar Avenue, the applicant. Mr. Jim Swedenborg, Bloomington. e. Mayor Axdahl asked if any persons wished to speak in opposition to the proposal. None wished to be heard. f. Mayor Axdahl closed the public hearing. g. Councilman Greavu moved to instruct the staff to prepare a feasibility re- port on Lydia Avenue, Beam Avenue and Tower Road. Motion died for lack of a second. h. Councilman Greavu moved first reading of an ordinance to rezone from F -R to LBC the northeast corner of White Bear Avenue and Beam Avenue with consider- ation given to the twelve requirements listed by the Manager as guidelines. Seconded by Councilman Wiegert. Ayes All. i. Councilman Wiegert moved an amendment to that motion that the previous motion is based on consideration of the Planning Commission recommendation. Seconded by Councilman Haugan. Ayes - all. To be placed on the Agenda,forilsecond reading, when Council states. Shirt Sleeve session to be held on May 8, 1973, to discuss street patterns in the area. 2. Special Use Permit - Nursery School (Lutheran Church of Peace, Century Avenue) a. Mayor Axdahl convened the meeting for a public hearing regarding a request for a Special Permit to conduct a nursery school at the Lutheran Church of Peace, located at 47 South Century Avenue. The Clerk read the notice of hearing along with the dates of publication. b. Manager Miller presented the staff report with the recommendation that the proposed special permit be granted for the lower level of the educational sec- tion subject to the following occupancy permit conditions: 1. All code deficiencies noted by Village inspectors shall be corrected ;prior to permit issuance; 2. The occupancy permit may be issued after September 1, 1973; 3. The special permit shall authorize a maximum of 30 students; 4. Qualified supervision as required by the State of Minnesota shall be required. 5. The special permit shall be limited to day -time operation between the hours of 7:00 A.M. and 6:00 P.M. on Monday through Friday; 6. A designated and available recreation outdoor area shall be provided at the time of occupancy permit request; 7. Water service shall be provided in accordance with the regulations of the State of Minnesota and the facility shall connect to public water when available,at the property line; 8. The applicant shall agree to the above conditions in writing. - 3 - 4/26 c. Chairman Lyman Coombs presented the following Planning Commission recom- mendation: "Commissioner Mogren moved that the Planning Commission recommend to the Vil- lage Council the special use permit for the Lutheran Church of Peace for a nursery school be granted subject to the Manager's recommendations and condit- ions. Commissioner Fisher seconded. Motion carried. Ayes - all." d. Mayor Axdahl asked if any persons wished to speak in favor of the proposal. The following were heard: Mr. Richard Hodges, Pastor of Lutheran Church of Peace, spoke and stated he agrees with the recommendations presented. e. Mayor Axdahl asked if any persons wished to speak in opposition to the proposal. None were heard. f. Mayor Axdahl closed the public hearing. g. Councilman Haugan moved approval of school at the Lutheran Church of Peace. Seconded by Councilman Greavu. Ayes - all. D. UNFINISHED BUSINESS 1. Assessment Recertification ,: a. Manager Miller stated two assessments for the water line on Highway 36, Improvement 70 -8, did not get certified. A resolution is needed to send to the auditor. b. Councilman Olmstead introduced the following resolution and moved its adoption: 73 - 5 - 81 WHEREAS, the Village of Maplewood adopted the assessments for Trunk Highway 36 Water, Project No. 70 -8, pursuant to Statute at the meeting of September 28, 1972 at 9:00 P.M., resolution No. 72- 9 -223b; WHEREAS, the assessment roll of the County Auditor is not in conformity with the assessments as adopted; BE IT HEREBY RESOLVED that the Ramsey County Officials are hereby author- ized and directed to correct the assessment rolls for the following described properties and in the amount hereafter set out: Code Number Assessment 57 1900 060 10 Water $5,230.75 57 1900 060 17 Water $6,191.50 Seconded by Councilman Wiegert. Ayes - all. - 4 - 4/26 2. Mayor Axdahl stated he sent a telegram to Senator Chenoweth opposing the amendment to H.F. 515, particularly the section requiring the Metro Council to review all Federal Grants and Loans to Municipalities. He read the telegram. C. PUBLIC HEARINGS (continued) 3. Zone Change (F -R to S -C) East Side of White Bear Avenue immediately South of the Northern States Power Overhead Electric Lines (8:30 P.M.) a. Mayor Axdahl convened the meeting for a public hearing regarding a zone change from F -R to S -C on the east side of White Bear Avenue immediately south of the N.S.P. overhead electric lines. The Clerk read the notice of hearing along with the dates of publication. b. Manager Miller presented the staff report. c. Mayor Axdahl asked if the proponents had any additional information to present. Mr. Dave Parkhill, representing Maplewood Plaza, Inc., spoke in favor of the proposal. d. Mayor Axdahl asked if any persons wished to speak in opposition. The following were heard: Mr. Jerry Bucher, 2951 Furness Street Mr. Jerrald Lindahl, 2245 Lydia Avenue Mr. Carl Gustafson, 2197 Lydia Avenue Mr. Gary Gardner, 2141 Lydia Avenue Mrs. Edith Ales, 2183 Lydia Avenue Mr. Richard VanKusky, 2980 Howard Street Mr. Norman Anderson, 1603 Frost Avenue Mr. Ron Monroe, 2975 Furness Street e. Mr. Gerald Mogren, 2855 Frederick Street, one of the property owners, andwered several of the questions that had been raised regarding his position on the Planning Commission. He stated that when this issue was presented to the Planning Commission either he was absent from the meeting or he abstained from voting. He further stated he will resign from the Planning Commission any time the Council wishes him to. f. Mayor Axdahl requested Manager Miller to read two letters that have been received regarding this proposal. Manager Miller read the letters, one from Mr. Robert Hajicek and the other from Manager Gerald Splinter of North Saint Paul. g. Council recommended Manager Miller contact Mr. Splinter and present him definitions of the items he mentioned and also the Planning Commissions think- ing on the subject. h. Councilman Greavu moved to table the Public Hearing on this Zone Change request until after a shirt sleeve session is held. (To be placed on May 17, 1973 Agenda.) 5 4/26 Seconded by Councilman Wiegert. Ayes - Councilmen Greavu, Haugan, Olmstead and Wiegert. ` Nays - Mayor Axdahl. Mayor Axdahl stated he voted 'no' from the standpoint of the original "tabled for six months" understanding. Motion carried. E. COUNCIL PRESENTATIONS 1. Councilman Wiegert proposed a resolution regarding the Ramsey County Court Bill. The League has proposed a Municipal Courts system, in the suburban areas, and elimination of the Justice of the Peace Courts. Councilman Wiegert introduced the following resolution and moved its adoption: 73 - 5- 83 WHEREAS, a bill for an act to create a Ramsey County Court system (S.F. 1445 and H.F. 1589) is being considered by the Minnesota Legislatures; and WHEREAS, such reform ought to meet certain criteria: 1. be of popular origin; 2. result in closer relations with citizenry; 3. result in more efficiency in terms of swifter justice and lower cost, and WHEREAS, Senate File 1445 and House File 1589 do not meet those criteria as well as that legilation proposed by the Ramsey County League of Municipal- ities for an expanded municipal court system: NOW, THEREFORE, BE IT RESOLVED that the Maplewood Village Council does hereby express support for the Ramsey County League of Municipalities sponsored legislation and no support for Senate File 1445 and House File 1589. Seconded by Councilman Haugan. Ayes - all. Resolution to be sent to the Ramsey County Delegation. F. ADJOURNMENT 9:32 P.M. C' y Clerk - 6 - 4/26