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HomeMy WebLinkAbout10-20-77 SMMINUTES OF MAPLEWOOD CITY COUNCIL 7:30 P.M., Thursday, October 20, 1977 Council Chambers, Municipal Building Meeting No. 77 -31 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 7:31 P.M. by Mayor Murdock. B. ROLL CALL Burton A. Murdock, Mayor Present Norman G. Anderson, Councilman Present John C. Greavu, Councilman Present Charles M. Kent, Councilman Present Donald J. Wiegert, Councilman Present C. APPROVAL OF AGENDA Mayor Murdock moved to approve the agenda as amended: 1. Johnson Property - Lower Afton Road and McKnight Road 2. MAA Suggestion 3. Resolution Correction Seconded by Councilman Greavu. Ayes - all. Mayor Murdock recessed the meeting at 7:33 P.M. to convene as the Maplewood Board of Appeals and Adjustments. Mayor Murdock reconvened the meeting at 7:59 P.M. Mayor Murdock moved to the Rules of Burr Streets. Seconded by Councilman Wiegert. Ayes - all. F. COUNCIL PRESENTATIONS 1. Feasibility Study feasibilitv s a. Councilman Greavu moved to refer to staff for investigation of the property in the Burr Street - Bradley Street - Effingham Avenue area to see how much property the City owns and for what purposes and to delay ordering a feasibility study for one week. Seconded by Councilman Anderson. Motion failed. Ayes - Councilmen Anderson and Greavu. Nays - Mayor Murdock and Councilmen Kent and Wiegert. b. Councilman Wiegert introduced the following resolution and moved its adoption: - 1 - 10/20 77 - 10 - 209 WHEREAS, the City Council has determined that it is necessary and expedient that the area described as Effingham Avenue (unimporved) be improved by the possible construction of Effingham Street between Burr Street and Bradley Street; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the improvement as hereinbefore described is hereby referred to the City Engineer, and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way the cost of improving this street. Seconded by Councilman Kent. Ayes - all. E. PUBLIC HEARINGS 1. Zone Change (F to R -2) - Between English Street, Northern Pacific Railroad Tracks and Skillman Avenue 7:45 P.M. a. Mayor Murdock convened the meeting for a public hearing regarding the request of Mr. Russell Niezgocki to rezone a parcel of land located east of English Street, West of the Northern Pacific Railroad Tracks and approximately 270 feet north of Skillman Avenue right of way from FR - Farm Residential 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. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Howard moved the Planning Commission recommend to the City Council approval of the requested zone change as it is consistent with the Comprehensive Plan. Commissioner Sherburne seconded. Ayes - all." d. Mr. Niezgocki, the applicant, spoke on behalf of his request. 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 first reading of an ordinance to rezone the property legally described as the N 80 feet of the S 385 feet of the S 1/2 of NW 1/4 of the NW 1/4 Section 15, Township 29, Range 22, lying west of the right of way of the Northern Pacific Railway subject to the west 33 feet thereof taken for English St- rout f,n— F —R — Wi ,r Roci Aanra to R -i — T)nnhlo Tlniol l inn Tli ctri nt _ Seconded by Councilman Greavu. Ayes - all. 2. Subdivision - Preliminary Plat - Century East Townhouses - 7:50 P.M. a. Mayor Murdock convened the meeting for a public hearing regarding the request of Ban Con, Inc., for a land subdivision plat approval. The Clerk read the notice of hearing along with the dates of publication. - 2 - 10/20 b. Manager Miller presented the staff report recommending approval subject to filing of the "Declaration of Covenants, Conditions and Restrictions for Century East Townhouses" with the plat. This is a relatively straight forward proposal for converting rental units to individual private ownership. C. Chairman Les Axdahl presented the Planning Commission recommendation: "Commissioner Pellish moved the Planning Commission recommend to the City Council approval of the requested preliminary plat subject to the filing of a Declaration of Covenants, Conditions and Restrictions for the East Century Townhouses, said document to be recroded with the Plat and shall include the revised Planned Unit Development as approved by the City Council on March 18, 1971. Commissioner Fischer seconded. Ayes all." d. Mr. Hans Hagen, Ban Con, Inc., the applicant, spoke on behalf of the proposal. e. Mayor Murdock called for proponents. None were heard. f. Mayor Murdock called for opponents. The following were heard: A.J. Hobbins, 2687 E. Maryland Avenue Mr. Vogel, 2674 E. Maryland Avenue. g. Mayor Murdock closed the public hearing. h. Councilman Wiegert moved to approve the request of Bon Con, Inc, for a pre- liminary plat land subdivision of the Century East Townhouses subject to the con- dition given in the Planning Commission and staff report and subject to the origi conditions eiven in the Planned Unit Development annroval. Seconded by Counciman Greavu. Ayes - all. 4. Zoning Code Amendment - Allowances of Duplexes in R -1 District 8:00 P.M. a. Mayor Murdock convened the meeting for a public hearing to consider an amend- ment to Section 904.010 of the Municipal Code to allow construction of two family structures in an R -1 (Single Family Residential District) by special use permit. The Clerk read the notice of hearing along with the dates of publication. b. Manager Miller presented the staff report. C. Chairman Axdahl presented the following Planning Commission recommendation: "Commissioner Fischer moved that the Planning Commission recommend to the City Council the amendment of Sections 903.010 (8) Farm Residence District, 904.010 (8) R -1, Single Family Residence District, and 911.010 (13) Special Use Permits as follows: Two - family uses, including all structures and land elements that meet R -2, Double Dwelling District standards, may be permitted by special use permit. All property owners within 350 feet shall be notified of the public hearing. It being the intent of this procedure to allow an occasional interspersing of double dwell- ings in R -1 and Farm Residence Districts that are consistent with the Comprehensive Plan. Commissioner Waldron seconded. Ayes all." - 3 - 10/20 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 Anderson moved 1st reading of an ordinance amending the Municipal use permits. Seconded by Mayor Murdock. Ayes - all. 4. Zoning Code Amendment - Height of Fences in Commercial and Industrial Districts 8:00 P.M. a. Mayor Murdock convened the meeting for a public hearing to consider an amendment to Section 912.130 of the Municipal Code to permit a fence constructed to 10 feet in height in Commercial and Industrial Districts of the City of Maplewood. The Clerk read the notice of hearing along with the dates of publication. b. Manager Miller presented the staff report. c. Chairman Axdahl presented the following Planning Commission recommendation: "Commissioner Pellish moved the Planning Commission recommend to the City Council approval of the proposed amendment to Section 912.130, Maximum Height of Fences, as outlined in the City Manager's report dated October 13, 1977. Commissioner Barrett seconded. Ayes all." d. Mayor Mureock called for proponents. None were heard. e. Mayor Murdock called for opponents. None were heard. f. Mayor Murdock closed the public hearing. g. Councilman Greavu moved 1st reading of an ordinance amending the Municipal Code to allow construction of 10 foot high fences in Commercial and Industrial Districts. Seconded by Councilman Wiegert. Ayes - all. E. NEW BUSINESS 1. Lot Division - Southeast Corner of McKnight Road and Linwood Avenue a. Manager Miller presented the staff report. b. The attorney representing the applicants spoke on behalf of the lot division. He also stated the applicants are requesting the lot be divided into 3 lots. c. Following Council discussion, Councilman Greavu moved to approve the lot division of the property held by Mrs. Kaufold and Benjamin and Marion Rose at the southeast corner of MCKnieht Road and Linwood Avenue as follows: Lot A - 100' x 140' Lot B - 116.5' x 143' Lot C - 80' x 142.34' - 4 - 10/20 Seconded by Councilman Anderson. Motion carried. F. COUNCIL PRESENTATIONS Ayes - Mayor Murdock, Councilmen Ander- son, Greavu and Kent. Nays - Councilman Wiegert. 1. Johnson Property - Lower Afton Road and McKnight Road a. Councilman Greavu stated he had received a call from Mr. Arnold Johnson regard- ing the flooding of his property. b. Staff will investigate. 2. Bingo Ordinance a. Mayor Murdock questioned if the City's Bingo Ordinance was in line with State law. b. Staff will investigate. 3. M.A.A. Suggestion a. Councilman Wiegert inuut reeardine their r be forwarded to the M.A.A. asking for the vandalism in the City's Seconded by Councilman Kent. Ayes - all. ADMINISTRATIVE PRESENTATIONS 1. Resolution a. Manager Miller stated the resoltuion passed May of 1977 to vacate Michael Lane (in connection with the Michael Lane Nature Center Development) stated Michael Lane be vacated 330 feet east of Sterling Avenue. It should have read: "Vacate that portion of Michael Lane, commencing from the extended West Line of Sterling Street Westerly along the North Line of Michael Lane a distance of 329.2 feet ". A resolution is needed to correct the error. b. Councilman Wiegert introduced the following resolution and moved its adoption: 77 -10 -210 WHEREAS, the owners of more than 50% of the property abutting on Mary Street from Brand Avenue North to Michael Lane and Michael Lane Right of Way from Mary Street East to the westerly line of Sterling Street have filed a petition for the vacation of said street; and WHEREAS, the hearing on said petition was preceeded by two weeks published and posted notice; and WHEREAS, it appears for the best interest of the public that said street be vacated; - 5 - 10/20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, that the following described portions of Mary Street and Michael Lane be, and hereby, are vacated pursuant to the provisions of Minnesota Statutes, Section 412.851 thereof, to wit: All that part of Mary Street in Bartelmy Acres Second Addition which lies north- erly of the easterly extension of the southerly lot line of Lot 9, Block 8, Bartelmy Acres Second Addition and southerly of the westerly extension of the north lot line of Lot 1, Block 10, Bartelmy Acres Second Addition; together with that part of Michael Lane lying westerly of the southerly extension of the east lot line of Lot 1, Block 8, Bartelmy Acres Second Addition and easterly of the east lot line of Lot 7, Block 1, Bartelmy Lane lst Addition, all according to the recorded plats thereof on file and of record in the office of the Ramsey County Recorder. Seconded by Councilman Greavu. Ayes - all. (The lots affected by the vacation of Michael Lane as above described are as follows: Lots 1, 2, 3 and 4, Block 8, and Lot 1, Block 10, Bartelmy Acres Second Addition together with Lot 7, Block 1, Bartelmy Lane 1st Addition. The lots affected by the vacation of Mary Street would be again: Lot 1, Block 10, Lots 6, 7, 8 and 9, Block 8, Bartelmy Acres Second Addition together with that part of Lot 7, lying southerly of the westerly extension of the north lot line of Lot 1, Block 10, Bartelmy Acres Second Addition and Lot 8, Block 1, Bartelmy Lane lst Addition.) H. ADJOURNMENT 9:53 P.M. City Clerk - 6 - 10/20