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HomeMy WebLinkAbout06-30-77 SMAGENDA s. Maplewood City Council 7:30 P.M., Thursday, June 30, 1977 Municipal Administration Building Meeting 77 -16 (A) CALL TO ORDER (B) ROLL CALL (C) APPROVAL OF AGENDA (D) PUBLIC HEARINGS 1. Beer License (3.2) - 1820 No. Rice Street.(7:30) 2. Board of Appeals and Adjustments: a. Minutes __._. ..b.. Variance (Lot Width) - 588 Ferndale Street (7:30) c. Variance (Addition to Nonconforming Lot) - 1945 Kenwood (7:30) I d. Variance (Unimproved Street) - Cypress Street (7:45) e. Variance (Corner Lot Width and Rear Yard) - Fenton and Jackson Streets (7:45) 3. Zone Change (R -1 to R -2) - Fenton and Jackson Streets (7:45) 4. Special Use Permit (Cemetery) and Subdivision (Pre- liminary Plat) - 2505 Minnehaha (8:00) (E) NEW BUSINESS 1. Connection Charge Reduction Request - (F) COUNCIL PRESENTATIONS (G) ADMINISTRATIVE PRESENTATIONS (H) ADJOURNMENT - MINUTES OF MAPLEWOOD CITY COUNCIL 7:30 P.M., Thursday, June 30, 1977 Council Chambers, Municipal Building Meeting No. 77 -16 A. CALL TO ORDER A special meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building and was called to order at 7:30 P.M. by Mayor Murdock. B. ROLL CALL Burton A. Murdock, Mayor Norman G. Anderson, Councilman John C. Greavu, Councilman Charles M. Kent, Councilman Donald J. Wiegert, Councilman C. APPROVAL OF MINUTES None. D. APPROVAL OF AGENDA Present Present Arrived at 7;_34 P.M. Present Present Councilman Kent moved to approve the Agenda as amended: 1. Maplewood Boundaries 2. Curb Types Seconded by Councilman Anderson. Ayes - all. E. PUBLIC HEARINGS 1. Beer License - 3.2 - 1820 Rice Street 7:30 P.M. a. Mayor Murdock convened the meeting for a public hearing regarding the application of Mr. Gary P. Cormican for a 3.2 On Sale Non - Intoxicating Beer License at 1820 Rice Street. The Clerk read the notice of hearing along with the dates of publication. Councilman Greavu arrived at 7:34 P.M. b. Manager Miller stated staff has met with the applicant, Gary P. Cormican, regarding his license application. Due to the nature of the counter service normally conducted at this location, several problems arise. These problems involve sales at the counter which could be furnished to under age persons by the customers at the tables and booths inside and outside consumption under similar circumstances. Mr. Cormican agreed that he could abide by a restriction that beer only be served at the tables and booths to be consumed on the premises. Staff recommends this restriction on any license that may be issued. C. The applicant was not present at the hearing. - 1 - 6/30 d. Mayor Murdock called for proponents. None were heard. e. Mayor Murdock called for opponents. None were heard. f. Mayor Murdock closed the public hearing. g. Councilman Wiegert moved to approve the application of Mr. Gary Cormican for an On -Sale Intoxicating 3.2 Beer License for 1820 Rice Street with the stipulation that the beer only be served at the tables and booths to be con- sumed on the premises and that the applicant be further advised that Maple - wood will not tolerate any violation of this stipulation and any Municipal Codes relatine to the sale of beer. Seconded by Councilman Anderson. Ayes - all. Mayor Murdock recessed the meeting to convene as the Board of Appeals and Adjust- ments. Mayor Murdock reconvened the meeting at 8:10 P.M. E. PUBLIC HEARINGS (Continued) 2. Zone Change, R -1 to R -2 - Fenton Street and Jackson Street 7:45 P.M. a. Mayor Murdock convened the meeting for a public hearing regarding a request from Mr. Terry McGrath, to rezone Lot 15, Block 1, Roinstads Thompson Park from R -1 Single dwelling district to R -2 double dwelling district. The Clerk read the notice of hearing along with the dates of publication. b. Manager Miller presented the staff report with the recommendation the proposed rezoning request be denied. C. Commissioner Fischer presented the following Planning Commission recom- mendation: "Commissioner Barrett moved the Planning Commission recommend to the City Council denial of the application based on the fact there was no justification provided as far as planning purposes are concerned. - 2 - 6/30 Commissioner Waldron seconded. Ayes - all." d. The applicant was not in attendance at the meeting. e. Mayor Murdock called for proponents. The following were heard: Mr. Richard Miller, Lot 14, Block 1, Roinstad's Thompson Park. f. Mayor Murdock called for opponents. None were heard. g. Mayor Murdock closed the public hearing. - 2 - 6/30 h. Councilman Wiegert moved to table this item as applicant was not in attendance. Seconded by Councilman Anderson. Ayes - all. 3. Special Use Permit (Cemetery) and Subdivision - Preliminary Plat - 2505 E. Minnehaha Avenue 8:00 P.M. a. Mayor Murdock convened the meeting for a public hearing regarding a request from Union Cemetery Association for a special use permit and for a proposed land subdivision preliminary plat. The Clerk read the notice of hearing along with the dates of publication. b. Manager Miller presented the staff report with the recommendation the special use permit for the proposed cemetery expansion be approved subject to the following conditions: 1. The expansion area shall be developed in two phases, commencing with the first phase on the southerly half of the 19 acre ex- pansion area (separation of the two is to be at a point approxi- mately 650 feet northerly of the Minnehaha property line; 2. At such time as development of the northerly portion is determined that area shall observe a 30 foot setback from the property line adjacent to 7th Street for all grave sites; 3. The special use permit will only permit the dumping of grave ex- cavation materials in the area to be filled by grave excavation (the northeasterly third of the subject area). Any dumping of fill materials from off -site will require a fill permit. 4. All landscaping is to be put in as an initial or first phase in the development of these 19 acres so as to expedite the growth and maturation of the plantings, and all area other than the proposed fill area shall be seeded. There shall be no vertical grave markers or monuments to the north or east of the expansion area ring road or within 150 feet of the expansion line, whichever is greater; The lease contract for the part of the cemetery property lying adjacent to Michael Pond shall be signed upon granting of the special use permit; 5. The invert elevation of the pipe outflow shall correspond to the desired lake water level, this shall be worked out with City staff. 6. Applicant shall obtain any necessary permits from other govern- mental agencies before work commences. 7. Owner and applicant agree to the above conditions in writing. C. Commissioner Fischer presented the following Planning Commission recom- mendation: - 3 - 6/30 "Commissioner Sherburne moved the Planning Commission recommend to the City Council approval of the granting of a special use permit subject to the City staff and the Cemetery Association clarifying and agreeing upon the wording of condition #1 and the following: 1. The expansion area shall be developed in two phases, commencing with the first phase on the southerly half of the 19 acre ex- pansion area (separation of the two is to be at a point approxi- mately 650 feet northerly of the Minnehaha property line); 2. At such time as development of the northerly portion is determined that area shall observe a 30 foot setback from the property line adjacent to 7th Street for all grave sites; 3. The special use permit will only permit the dumping of grave ex- cavation materials in the area to be filled by grave excavation (the northeasterly third of the subject area). Any dumping of fill materials from off -site will require a fill permit. 4. All landscaping is to be put in as an initial or first phase in the development of these 19 acres so as to expedite the growth and maturation of the plantings, and all area other than the pro- posed fill area shall be seeded. 5. The invert elevation of the pipe outflow shall correspond to the desired lake water level, this shall be worked out with City staff. 6. Applicant shall obtain any necessary permits from other govern- mental agencies before work commences. 7. Agreement to be reached in providing a lease for a part of the cemetery property lying adjacent to Michael Pond in return for certain conditions, lease to be subject to approval of City Staff and City Attorney; 8. Owner and applicant agree to the above conditions in writing." d. Ms. Joan Macklin, Attorney representing the Union Cemetery Association, spoke on behalf of her client's proposal. e. Mayor Murdock called for proponents. None were heard. f. Mayor Murdock called for opponents. None were heard. g. Mayor Murdock closed the public hearing. h. Councilman Anderson moved to Brant the Special Use Pe the Union Cemetery Association subject to the recommendati and Planning Commission. Seconded by Councilman Wiegert. Ayes - Mayor Murdock, Councilmen Anderson, Kent and Wiegert Motion carried. Nay - Councilman Greavu - 4 - 6/30 i. Councilman Wiegert moved approval of the preliminary land subdivision plat as requested by Union Cemetery Association, subject to the recommenda- tions of the Staff and Planning Commission. Seconded by Councilman Anderson. Ayes - Mayor Murdock, Councilmen Anderson, Kent and Wiegert. Motion carried. j. Councilman Wiegert mo Union Cemetery Association Seconded by Councilman Anderson Motion carried. F. NEW BUSINESS Nay - Councilman Greavu. between the Ayes - Mayor Murdock, Councilmen Anderson, Kent and Wiegert. Nay - Councilman Greavu. 1. Connection Charge Reduction Request. a. Manager Miller presented the staff report. The residents on Furness Street requested that the cash connection charge of $9.20 per foot to hook up to city water (Morris Line) be reduced. b. The following residents presented their views: Mr. Edward Witter, 1866 Furness Street Mr. Richard Dawson, 1846 Furness Street Mrs. Lois Johnson, 1880 Furness Street C. Council directed staff to send certified copies of the October 5, 1972, Minutes to the residents on Furness Street who are involved in hooking into the "Fred Moore Water Line." d. Councilman Anderson moved that Council action of October 5; 1972, remain as stated. Seconded by Councilman Wiegert. Ayes - all. G. COUNCIL PRESENTATIONS 1. Maplewood Boundaries a. Councilman Anderson questioned if other government agencies, when they do construction in Maplewood, obtain the necessary permits. In ques- tion is the brick wall on the North end of Phalen Golf Course. b. Staff will investigate. H. ADMINISTRATIVE PRESENTATIONS 1. Curb Type. - 5 - 6/30 a. Manager Miller reported to Council additional information regarding curb types and more specifically to the relationship between the various types to gradients on the roadway. b. Councilman Wiegert moved to amend the curb type policy to read: The following are to be guidelines for authorizing surmountable (S 518) curb and gutter: 1. Bituminous or concrete driveway aprons within public rights of way. 2. Present or projected traffic of 1000 ADT or less. 3. Single and double family residential use only. 4. Affected area to be 80% or less developed. 5. Local streets only (not be Collector or higher status). 6. Catch basin spacing not exceeding curb and gutter carrying capacity. 7. Must meet the above conditions for a minimum of one block. Seconded by Councilman Anderson. Ayes - all. ADJOURNMENT 9:51 P.M. City Clerk