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HomeMy WebLinkAbout09-26-74 SMMINUTES OF MAPLEWOOD CITY COUNCIL 7:30 P.M., Thursday, September 26, 1974 Council Chambers, Municipal Building Meeting No. 74 -35 CALL TO ORDER A special meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers, Municipal Building and called to order at 7:30 P.M. by Acting Mayor Wiegert. B. ROLL CALL Robert T. Bruton, Mayor Absent John C. Greavu, Councilman Present Donald J. Wiegert, Acting Mayor Present Norman G. Anderson, Councilman Present Burton A. Murdock, Councilman Present Acting Mayor Wiegert recessed the meeting to convene as the Board of Adjustments and Appeals at 7:32 P.M. Acting Mayor Wiegert reconvened the meeting at 8:09 P.M. C. PUBLIC HEARINGS 1. Street Vacation - Ripley Avenue, East of Ruth Street (7:45 P.M.) a. Acting Mayor Wiegert convened the meeting for a public hearing regarding a proposal to vacate a portion of Ripley Avenue East of Ruth Street to the easterly end of Lot 1, Block 2, Stanich Highlands. The Clerk read the notice of hearing along with the dates of publication. b. Director of Community Development Robert Reed presented the staff report and stated it is recommended that the southerly one half of Ripley Avenue be vacated and that the northerly half be retained by the City for access and other public purposes. C. Vice Chairman Prew presented the following Planning Commission recommen- dation: "Commissioner Barrett moved that the Planning Commission recommend to the City Council denial of the request to vacate Ripley Street, East of Ruth Street. Commissioner Batie Seconded. Motion carried - Ayes all." d. Acting Mayor Wiegert called for proponents. Mr. Greg Huppert, the applicant, spoke on behalf of his request. e. Acting Mayor Wiegert called for opponents. None were heard. f. Acting Mayor Wiegert closed the public hearing. g. Councilman Anderson moved to vacate the southerly half and retain the northerly half for public purposes. Seconded by Councilman Murdock Motion defeated. Ayes - Councilman Anderson Nays - Councilmen Greavu, Murdock and Wiegert. 1 - 9/26 h. Council advised the applicant to seek a variance. 2. Zone Code Amendments (Nonconforming Uses of Land or Buildings and Maximum Garage Size.) Ordinance (8:00 P.M) a. Director of Community Development Robert Reed stated the ordinance amendment relative to nonconforming uses is recommended for final adoption. The ordinance had been placed on first reading on August 15, 1974. b. Councilman Murdock introduced the following ordinance and moved its adoption: ORDINANCE NO. 376 An Ordinance Amending the Zoning Code of the Municipal Code of the City of Maplewood, Ramsey County, Minnesota Pertaining to General Regulations Under Section 912, THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1, The Zoning Code of the City of Maplewood is amended by deleting the present section (2) and by adding to Chapter 912, the following Sections: Section 912.010. (2) AUTHORITY TO CHANGE TO ANOTHER NONCONFORMING USE. The substitution of one nonconforming use for another nonconforming use may be permitted by the City Council by special use permit as provided in Section 911 provided such nonconforming use is determined by the City Council to be of the same or more restrictive nature as the original nonconforming use. Whenever a nonconforming use of a building or land has been changed to a use of a more restrictive classification or to a conforming use, such use shall not there- after be changed to a use of a less restricted classification. Section 912.010 (5) NONCONFORMING USES OF BUILDINGS; EXTENSION PROHIBITED. No existing:= building or premises devoted to a use not permitted in the district in which such building or premises is located, except when required by law or order shall be enlarged, extended, reconstructed, substituted or structurally altered unless the use thereof is changed to a use permitted in the district in which such building or premises is located, except as provided herein. Section 912.010 (6) EXPANSION WITHIN BUILDING. The City Council may permit, through the issuance of a special use permit-as provided in Section 911, the extension of a nonconforming use throughout those parts of a building which were manifestly designed or arranged for such use prior to the date when such use of such building became nonconforming, if no structural alter- ation, except those required by law, are made. Section 912.010 (7) DISPLACEMENT. No nonconforming use shall be extended to displace a conforming use. Section 2. This Ordinance shall be deemed a part of the Municipal Code of the City of Maplewood, Minnesota, and shall be incorporated therein at the time of the next revision of said code. This ordinance shall take effect and be in force after its passage, approval and publication. Passed by the City Council of the City of Maplewood, Minnesota, this 26th day of September 1974. - 2 - 9/26 Seconded by Councilman Anderson. Ayes - all,. c. Acting Mayor Wiegert convened the meeting for a public hearing to consider an amendment to Section 916,010 of the Maplewood Municipal Code pertaining to the maximum floor area permitted for a; private garage. The Clerk read the notice of hearing along with the dates of publication. d. Director of Community Development Robert Reed presented the staff report and stated staff recommends the deletion of the maximum garage size presently contained in Section 916.010 (18). It is further recommended that the question of total lot coverage be deferred until a complete review of residential zones development cri- teria can be undertaken. It is anticipated that the Planning Commission will ini- tiate such a review in the next few months. e. Vice Chairman Duane Prew presented the following Planning Commission recom- mendation: "Commissioner Batie moved that the Planning Commission recommend to the City Council that they delete the maximum garage size as outlined in Section 916.010 (18) of the Maplewood Code. Commissioner Howard seconded. Voting Ayes 4 Nays 3 Chairman Prew stated that it would be forwarded to the Council with the statement that the 3dissenters wanted this for an interim program." f. Acting Mayor Wiegert called for proponents. None were heard. g. Acting Mayor Wiegert called for opponents. None were heard. h. Acting Mayor Wiegert closed the public hearing. i. Councilman Anderson moved that no action be taken on this proposed ordinance. Seconded by Councilman Murdock. Ayes - all. D. COUNCIL PRESENTATIONS 1.- Director of Public Works Collier stated Councilman Greavu asked about pedestrian crossing in the vicinity of Presentation Church at Larpenteur Avenue. It is recommended that Council pass a resolution requesting the City of St. Paul to participate in instal- ling adequate safety devices for pedestrians. Councilman Greavu introduced the following resolution and -moved its adoption; 74 - 9- 218 WHEREAS, the intersection of Larpenteur Avenue and Kennard Street has a large volume of pedestrians, and, WHEREAS, there is no existing traffic control device for this intersection, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, that the City of Saint Paul and the County of Ramsey are requested to join with the City of Maplewood to study the existing problem and propose applicable remedies, - 3- 9/26 Seconded by Councilman' "Murdock. Ayes - all. 2. Councilman Wiegert stated the Saints skating building was to be repainted and wondered if they had. 0 Director of Community Development Reed stated the owner of the building will submit proof that this is the original color that was approved. 3. Councilman Anderson stated he had asked for an accounting of the cost of elections. He is wondering what can be done about having elections changed so as not to have City elections on off years. Councilman Anderson moved to refer the matter to the legal staff and if legally pos- sible, place the question on the November election. Seconded by Councilman Greavu. Ayes - all. 4. Councilman Anderson wished to know if any grievence procedure has been taken for Russ'Pirrung. Manager stated he had contacted the Business Agent for the union. Councilman Anderson moved that Russ Pirrung be given his 150 days accumulated sick leave and this does not set precedent for future claims or Past claims. He withdrew his motion. 5. Councilman Anderson stated in regard to mediation, he wishes to know what the big- gest hang up is, if it isn't wages. Manager Miller stated there were several problems including contract language. ` 6. Councilman Anderson wished to know the cost of arbitration. Manager Miller stated the cost depends on how long arbitration takes. An arbitrator costs $100.00 a day and usually there are three. In order that the City be better represented he will hire Cy Smythe to represent us. r E. ADMINISTRATIVE PRESENTATIONS 1. Manager Miller stated he is working on the budget. 2. Councilman Wiegert stated there was correspondence from the State Highway Department regarding Highway 36 and Hazelwood Avenue. Does this require action by the Council. Councilman Wiegert moved that a negative answer be sent to Highway Department stating this Council prefers the original upgrading of Highway 36. Seconded by Councilman Anderson. Ayes - all. F. ADJOURNMENT 9:34 P.M. Cit Clerk - 4 - 9/26