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HomeMy WebLinkAbout09.13.79 SM1 1 f AA AG'r7 ^!DA Maplewood City Counc-i 1 7:30 P.M., Thursday, September 13, 1979 Municipal Administration Building Meeting 79 - 23 A) CALL. TO ORDER (B) ROLL CALL (C) PUBLIC HEARINGS 1. Commercial Revenue Note: MapIzewoo_f Industrial Park (7:30)_ _ 2. Commercial Revenue Note; Racquetha!l Court ('36 and , "atlantic St.) 3. Special Use Permit: Beam Avenue (RaeDuetbull Court) (7:45) _ 4. PUD Revision: Forest Greens Apartments (£3 :00) 5. PUD: Stillwater Road and Stillwater Avenue (Gaughan) (8:15).- AWARD OF BIDS 1. City Newsletter (E) UNFINISHED BUSINESS 1. PUD /Plan Review: I -35E and Roselavin Avenue (Voight) (F) _-N E.W BUSINESS 1. Sped al Excepti on /P1 an c. -.vi ew Appeal : Cope Avenue Chi ropracti c Cl i ni c _(q) _ ADJOURNMENT MINUTES OF MAPLEWOOD CITY COUNCIL 7:30 P.M., Thursday, September 13, 1979 Council Chambers, Municipal Building Meeting No. 79 -23 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 Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilman Present Burton A. Murdock, Councilman Present Earl L. Nelson, Councilman Present Donald J. Wiegert, Councilman Present C. PUBLIC HEARING 1. Commercial Revenue Note - Maplewood Industrial Park - 7:30 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding a request for approval of Commercial Revenue Note. Financing for $425,000 for an addition onto the office development of Maplewood Industrial Park, 2515 Maplewood Drive. The Clerk noted the dates of publication of the public hearing. b. Manager Evans presented the staff report. c. Director of Community Development Olson presented the Planning Commission report as follows: "Commissioner Barrett moved the Planning Commission recommend to the City Council approval of this application based on the information provided by staff and by the applicant, as the project meets all of the criteria outlined by the Council. Commissioner Ellefson seconded. Ayes all." d. Mr. Richard Palmiter, Rothschild Financial Corporation, representing the owners, Glenn V. and Steven G. Olson, spoke on behalf of the proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Councilman Anderson introduced the following resolution and moved its adoption: 79 -9 -246 RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT BY MAPLEWOOD INDUSTRIAL PARK UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, - 1 - 9/13 AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE COMMISSIONER OF SECURITIES FOR APPROVAL THEREOF AND AUTHORIZING THE PREPARATION OF DOCUMENTS AND MATERIALS IN CONNECTION WITH THE PROJECT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. There has been presented to this Council a proposal by Maplewood Industrial Park, a Minnesota general partnership (the "Borrower "), that the City undertake a project pursuant to the Minnesota Municipal Industrial Development Act (Minnesota Statutes, Chapter 474), to provide financing for the construction and equipping of a building addition to an existing facility in the City owned by Product Manufactur- ing Company, a Minnesota corporation (the "Company "), to be used as an office and warehouse facility, and to be leased to the Company and other commercial tenants (hereinafter called the "Project). The Borrower will enter into a loan agreement with the City upon such terms and conditions as are necessary to produce income and revenues sufficient to pay, when due, the principal of and interest on up to approx- imately $425,000 Industrial Development Revenue Note of the City to be issued pursuant to Chapter 474, Minnesota Statutes, to provide monies for the Project, and the City will pledge its interest in the loan agreement to secure the Notes. The Notes of the City shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City. 2. As required by said Chapter 474, Minnesota Statutes, this Council conducted a public hearing on September 13, 1979, on the proposal to undertake and finance the Project, after circulation in the City of a notice of the time and place of hearing, stating the general nature of the Project and an estimate of the principal amount of Notes or other obligations to be issued to finance the Project and stating that a draft copy of the proposed Application to the Commissioner of Securities, together with all attachments and exhibits thereto, shall be available for public inspection at the office of the City Clerk, Monday through Friday, except legal holidays, from 8:00 a.m. to 5:00 p.m. to and including the date of hearing; and all parties who appeared at the public hearing were given an opportunity to express their views with respect to the proposal. 3. It is hereby found, determined and declared that the Project would further the general purposes contemplated and described in Section 474.01 of the Act, and that the purpose of the Project is and the effect thereof will be to promote the public welfare by the attraction, encouragement and development of economically sound industry and commerce so as to prevent, so far as possible, the emergence of blighted and marginal lands and areas of chronic unemployment; the retention and development of industry to use the available resources of the community in order to retain the benefit of its existing investment in educational and public service facilities, by halting the movement of talented, educated personnel of mature age to other areas and thus preserving the economic and human resources needed as a base for providing govern- mental services and facilities; and the more intensive development of land available in the area of provide a more adequate tax base to finance the cost of governmental services in the City, County and School District where the Project is located. 4. The Project is hereby given preliminary approval by the City subject to approval of the Project by the Commissioner of Securities and to final approval by this Council and by the purchasers of any Note to be issued as to the ultimate details of the bonds and the Project. 5. In accordance with Section 474.01, Subd. 7a, Minnesota Statutes, the Mayor, the City Clerk, and such other officers of the City and members of the City Council as may from time to time be designated are hereby authorized and directed to submit an Application for approval of the Project to the Commissioner of Securities of the - 2 - 9/13 State of Minnesota, and the Mayor, the City Clerk, and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with such pre- liminary information as he may require. The Borrower, Faegre & Benson, as bond counsel, the City Attorney, and other City officials are also authorized to initiate the preparation of a proposed loan agreement and such other documents as may be nec- essary or appropriate to the Project so that, when and if the proposed Project is approved by the Commissioner and this Council gives its final approval thereto, the Project may be carried forward expeditiously. 6. The Borrower has agreed to pay any and all costs incurred by the City in connection with the Project whether or not the Project is approved by the Commissioner and whether or not the Project is carried to completion and to indeminfy the City, its officers and employees from all liability which the City and any officers and employees from all liability which the City and any officers and employees may incur in connection with the Project or the issuance and sale of the Notes. Seconded by Councilman Murdock. Ayes - all. 2. Commercial Revenue Note - Racquetball Court - Highway 36 and Atlantic Street a. Mayor Greavu convened the meeting for a public hearing regarding a request for approval of a Commercial Revenue Note financing for acquisition and construction of a racquetball court facility to be located at the southeast corner of Atlantic Street and Highway 36. The Clerk noted the date of publication for the hearing notice. b. Manager Evans presented the staff report. c. Director of Community Development Olson presented the following Planning Commission recommendation: "Commissioner Fischer moved that the Planning Commission recommend that the City Council approve the application of James C. Loken and Roger Hokanson for a Racquetball club at the southeast corner of Highway 36 and Atlantic Street on the basis that the project meets all of the criteria outlined by the City Council. Commissioner Kent seconded. Ayes all." d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilman Murdock introduced the following resolution and moved its adoption: 79 -9 -247 RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT BY JAMES C. LOKEN AND ROGER HOKANSON UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE COMMISSIONER OF SECURITIES FOR APPROVAL THEREOF AND AUTHORIZING THE PREPARATION OF DOCUMENTS AND MATERIALS IN CONNECTION WITH THE PROJECT - 3 - 9/13 RESOLVED by the City Council of the City of Maplewood, Minnesota as follows: 1. There has been presented to this Council a proposal by James C. Loken and Roger Hokanson (the "Borrower "), that the City undertake a project pursuant to the Minnesota Municipal Industrial Development Act ( Minnesota Statutes, Chapter 474), to provide financing for the acquisition and construction and equipping of a building in the City owned by James C. Loken and Roger Hokanson, to be used as a Racquetball Court facility. The Borrowner will enter into a loan agreement with the City upon such terms and conditions as are necessary to produce income and revenues sufficient to pay, when due, the principal of and interest on up to approximately $825,000 Industrial Development Revenue Note of the City to be issued pursuant to said Chapter 474, Minnesota Statutes, to provide monies for the Project, and the City will pledge its interest in the loan agreement to secure the notes. The notes of the City shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City. 2. As required by said Chapter 474, Minnesota Statutes, this Council conducted a public hearing on September 13, 1979, on the proposal to undertake and finance the Project, after publication in the official newspaper and a newspaper of general cir- culation in the City of a notice of the time and place of hearing, stating the general nature of the Project and an estimate of the principal amount of notes or other obligations to be issued to finance the Project and stating that a draft copy of the proposed Application to the Commissioner of Securities, together with all attachments and exhibits thereto, shall be available for public inspection at the office of the City Clerk, Monday through Friday, except legal holidays, from 8:00 a.m. to 5:00 p.m. to and including the date of hearing; and all parties who appeared at the public hearing were given an opportunity to express their views with respect to the proposal. 3. It is hereby found, determined and declared that the Project would further the general purposes contemplated and described in Section 474.01 of the Act, and that the purpose of the Project is and the effect thereof will be to promote the public welfare by the attraction, encouragement and development of economically sound industry and commerce so as to prevent, so far as possible, the emergence of blighted and marginal lands and areas of chronic unemployment; the retention and development of industry to use the available resources of the community in order to retain the benefit of its existing investment in educational and public service facilities, by halting the movement of talented, educated personnel of mature age to other areas and thus preserving the economic and human resources needed as a base for providing governmental services and facilities; and the more intensive development of land available in the area to provide a more adequate tax base to finance the cost of governmental services in the City, County and School District where the Project is located. 4. The Project is hereby given preliminary approval by the City subject to approval of the Project by the Commissioner of Securities and to final approval by this Council and by the purchasers of any notes to be issued as to the ultimate de- tails of the notes and the Project. 5. In accordance with Section 474.01, Subd. 7a, Minnesota Statutes, the Mayor, the City Clerk, and such other officers of the City and members of the City Council as may from time to time be designated are hereby authorized and directed to submit an Application for approval of the Project to the Commissioner of Securities of the State of Minnesota, and the Mayor, the City Clerk, and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with such preliminary information as he may require. The Borrower, Dennis Behl, as bond counsel, the City Attorney, and other City officials are also authorized to initiate the preparation of a proposed loan agreement and such other documents as may be necessary or appropri- ate to the Project so that, when and if the proposed Project is approved by the - 4 - 9/13 Commissioner and this Council gives its final approval thereto, the Project may be carried forward expeditiously. 6. The Borrower has agreed to pay any and all costs incurred by the City in connection with the Project whether or not the Project is approved by the Commissioner and whether or not the Project is carried to completion and to indemnify the City, its officers and employees from all liability which the City and any officers and employees may incur in connection with the Project or the issuance and sale of the notes. Seconded by Councilman Wiegert. Ayes - all. D. AWARD OF BIDS 1. City Newsletter a. Manager Evans presented the staff report recommending the Council award the bid to Dawson - Patterson Printers for a cost of $14,629.65 and also approve a budget transfer of $2,100.00 from the contingency account to pay for the last issue of the Maplewood in Motion during 1979. b. Councilman Wiegert moved approval of a budget transfer in the amount of $2,100.00 from the Contingency Account to pay for the last issue of the 1979 Seconded by Councilman Nelson. Ayes - all. c. Councilman Murdock introduced the following resolution and moved its adoption: 79 - 9 - 248 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Dawson Patterson Printers in the amount of $14,629.25 is the lowest responsible bid for the printing of seven issues of the Maplewood in Motion for 1980, and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilman Nelson. Ayes - all. F. NEW BUSINESS 1. Special Exception /Plan Review Appeal: Cope Avenue Chiropractic Clinic a. Manager Evans presented the staff report recommending: I. Approval of the special exception to allow a chiropractic clinic in a LBC District, based on the findings that: a. The structure will create a buffer between the adjacent single family residences to the south and the M -1, Light Manufacturing District on the northerly side of Cope Avenue; b. The proposed structure will be compatible with the abutting residential neighborhood, because of its "single family dwelling" like design; c. The proposed use is not a high traffic generating type use, therefore, the impact on the adjacent neighborhood would be minimal. - 5 - 9/13 II. Approval of the proposed chiropractic clinic, subject to the following con- ditions: a. The applicant shall submit a detailed drainage plan for approval by the City Engineer. bo Security lighting shall be provided and shall be directed so not to cause any undue glare onto adjacent properties or roadways. c. The curb cut shall be widened to 25 feet. d. Continous concrete curbing shall be provided around the entire parking lot. e. Screening shall be provided for any mechanical equipment which would be placed on or adjacent to the building, and shall be subject to approval by Staff. f. If outdoor trash storage is utilized, a mansonry trash enclosure shall be constructed and shall be subject to staff approval. g. The landscaping plan shall be resubmitted for staff approval showing additional screening along the south and north lot lines; h. Approval of a special exception by the City Council; i. Any required plantings that die shall be replaced by the owner or appli- cant; j. The applicant shall provide the City with cash or an irrevocable letter of credit for landscaping if it has not been installed at the time of occupancy; k. Two wall mounted fire extinguishers must be installed; 1. Owner and applicant agree to the above conditions in writing. b. The following Community Design Review Board recommendation was given: "Chairman Huot moved the Board recommend approval of the proposed Chiropractic Clinic on Cope Avenue subject to the following conditions: 1. The applicant shall submit a detailed drainage plan for approval by the City Engineer; 2. Security lighting shall be provided and shall be directed so not to cause any undue glare onto adjacent properties or roadways; 3. The curb cut shall be widened to 25 feet; 4. Continous concrete curbing shall be provided around the entire parking lot; 5. Screening shall be provided for any mechanical equipment which would be placed on or adjacent to the building, and shall be subject to approval by staff; 6. If outdoor trash storage is utilized, a masonry trash enclosure shall be constructed and shall be subject to staff approval; 7. The landscaping plan shall be resubmitted for staff approval showing additional screening along the south and north lot lines; 8. Approval of a special exception by the City Council; 9. Any required plantings that die shall be replaced by the owner or applicant; 10. The applicant shall provide the City a bond or irrevocable letter of credit for landscaping if it has not been installed at the time of occupancy; - 6 - 9/13 11. Two wall mounted fire extinguishers must be installed; 12. Owner and applicant agree to the above conditions in writing. Board Member Phillippi seconded. Ayes all." c. Councilman Anderson moved to approve the special exception to allow a chiropractic clinic in an LBC District located on the south side of Cope Avenue between Kennard and Flandrau Streets based on the following findings: a. The structure will create a buffer between the adjacent single family residen- ces to the south and the M -1, Light Manufacturing District on the northerly side of Cope Avenue; b. The proposed structure will be compatible with the abutting residential neighborhood, because of its "single family dwelling" like design; c. The proposed use is not a high traffic generating type use, therefore, the impact on the adjacent neighborhood would be minimal. Seconded by Councilman Wiegert. Ayes all. all. d. Councilman Wiegert moved to approve the building plan review appeal for the Chiropractic Clinic on Cope Avenue subject to the following conditions: a. The applicant shall submit a detailed drainage plan for approval by the City Engineer. b. Security lighting shall be provided and shall be directed so not to cause any undue glare onto adjacent properties or roadways. c. The curb cut shall be widened to 25 feet. d. Continous concrete curbing shall be provided around the entire parking lot. e. Screening shall be provided for any mechanical equipment which would be placed on or adjacent to the building, and shall be subject to approval by staff. f. If outdoor trash storage is utilized, a mansonry trash enclosure shall be constructed and shall be subject to staff approval. g. The landscaping plan shall be resubmitted for staff approval showing additional screening along the south and north lot lines. h. Approval of a special exception by the City Council. i. Any required plantings that die shall be replaced by the owner or applicant. j. The applicant shall provide the City with cash or an irrevocable letter of credit for landscaping if it has not been installed at the time of occupancy. k. Two wall mounted fire extinguishers must be installed. 1. Owner and applicant agree to the above conditions in writing. Seconded by Mayor Greavu. C. PUBLIC HEARINGS (continued) Ayes - all. 3. Special Use Permit - Beam Avenue - Racquetball Court - 7:45 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of James J. Lawton and John F. Schwab to construct a six court racquetball club on property zoned BC (M) on Beam Avenue approximately 400 feet west of White Bear Avenue. The Clerk noted the dates of publication of the hearing notice. b. Manager Evans presented the staff report recommending approval of the Special Use Permit based on the findings that: a. The proposed use will not interfere with the "light commercial" nature the BC(m) district is intended to maintain; b. The proposed use will be compatible with the adjacent development and - 7 - 9/13 create a good buffer between the residential district to the south and the Maplewood Mall to the north. c. The racquetball club is consistent with the Comprehensive Plan. d. Commissioner Duane Prew presented the following Planning Commission recommend- ation: "Commissioner Kishel moved that the Planning Commission recommend to the City Council approval of the special use permit based on the following findings: 1. The proposed use will not interfere with the "light commercial" nature of the BC(M) district is intended to maintain; 2. The proposed use will be compatible with the adjacent development and create a good buffer between the residential district to the south and the Maplewood Mall to the north; and/ 3. The racquetball club is consistent with the Comprehensive Plan. Commissioner Barrett seconded. Ayes all." e. The applicant, James Lawton, spoke on behalf of his proposal. He stated he did not agree with having to enter into an agreement with the property owner to the west in regards to access(condition 10 & 11 of the Community Design Review Board conditions). f. Mayor Greavu called for proponents. None were heard. g. Mayor Greavu called for opponents. None were heard. h. Mayor Greavu closed the public hearing. i. Councilman Wiegert introduced the following resolution and moved its adoption: 79 -9 -249 WHEREAS, the Council of the City of Maplewood, acting on its own initiative as provided under Section 911.101 of the Municipal Code of the City of Maplewood, for the property described as follows: The West 140 feet of the following parcel; The East 330 feet of the West 1685 feet of the South 272 feet of the North 305 feet of the Southwest 1/4 of Section 2, Township 29, Range 22 which has been proposed for Sepcial Use Permit. WHEREAS, a public hearing was held on September 13, 1979, at 7:45 p.m, in the City Hall, notice thereof having been duly published in the official City newspaper, and notice of said hearing having been mailed to all property owners of record within 350 feet of the area proposed for construction of a six court racquetball facility; and WHEREAS, the City Planning Commission has made its recommendations; and - 8 - 9/13 WHEREAS, it appears for the best interest of the public that said Special Use Permit be granted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the petition for the above described Special Use Permit for construction of a six court racquetball facility on Beam Avenue 400 feet west of White Bear Avenue be granted, subject to all findings contained in the staff and Planning Commission reports. Seconded by Councilman Nelson. j. Councilman Wiegert moved to the Council's Dolicv on Seconded by Councilman Nelson. Ayes - all. revise conditions No. 10 & 11 of the bui Design Review Board approval to coincide Avenue egress and ingress. Ayes - all. 4. P.U.D. Revision - Forest Green Apartments - 8:00 P.M. a. Mayor Greavu, convened the meeting for a public hearing regarding a request of Forest Green Apartments for an amendment to the existing special use permit to construct a 200 foot long site screen fence. The Clerk noted the date of publication of the hearing notice. b. Manager Evans presented the staff report recommending approval of the pro- posed P.U.D. amendment to construct the site screen fence since it is found that: a. The fence will not be in conflict with any planned or existing trailway system or joint open space; and b. The character of the PUD will be maintained since the fence will only be separating a small area between the two developments which is not used for recreational purposes. Subject to the following conditions: 1. The owners of both the Forest Green Apartments and the Archer Heights Apart- ments shall submit in writing, their approval of the proposed fence; 2. A gate shall be provided in the fence for safety reasons in case of fire or need for emergency access. The size and location of this gate shall be subject to approval by the Fire Marshal; 3. The fence shall be a nonclimbable solid wood fence. C. Commissioner Duane Prew presented the Planning Commission recommendation: "Commissioner Howard moved that the Planning Commission recommend to the City Council the approval of the proposed PUD amendment to construct an 8 foot site screen fence since it is found that: 1. The fence will not be in conflict with any planned or existing trailway system or joint open space; and 2. The character of the PUD will be maintained since the fence will only be separating a small area between the two developments which is not used for recreational purposes. - 9 - 9/13 Subject to the following conditions: 1. The owners of both the Forest Green apartments and the Archter Heights Apartments shall submit in writing, their approval of the proposed fence; 2. A gate shall be provided in the fence for safety reasons in case of fire or need for emergency access. The size and location of this gate shall be subject to approval by the Fire Marshal. Commissioner Kishel seconded. Ayes 8 - Nays 2." d. The property manager of Forest Green Apartments spoke on behalf of the proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Councilman Anderson moved to approve the PUD revision to construct the 200 foot long by 8 foot high fence subject to the Planning Commission recommendation and to include in the findings that the PUD was not developed as one entity and the two parts have no function in common. Seconded by Councilman Wiegert. Ayes - all. 5. P.U.D. Stillwater Road and Stillwater Avenue - Gaughan - 8:15 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding a request for a Planned Unit Development at Stillwater Road and Stillwater Avenue. The Clerk noted the dates of publication of the public hearing notice. b. Manager Evans presented the staff report recommending approval of the special use permit for a Planned Unit Development based on the following findings: 1. The proposed PUD would be compatible with the Land Use Plan; 2. The proposed project would be fully consistent with the general intent and purpose of the Planned Unit Development section of the ordinance. Approval is with the following conditions: 1. Approval is for the use only and does not include site plan approval; 2. This approval expires within one year if a building permit has not been issued. C. Manager Evans read a letter from Beaver Lake Lutheran Church requesting to be kept informed on all phases of the proposed planned unit development. d. Councilman Nelson read a letter from Gethsemane Lutheran Church expressing their concerns with the proposal. e. Commissioner Duane Prew presented the following Planning Commission recommend- ation: - 10 - 9/13 "Commissioner Pellish moved the Planning Commission recommend to the City Council approval of the special use permit for a Planned Unit Development based on the following findings: 1. The proposed PUD would be compatible with the Land Use Plan; 2. The proposed project would be fully consistent with the general intent and purpose of the Planned Unit Development section of the Ordinance. Approval is with the following conditions: 1. Approval is for the use only and does not include site plan approval; 2. This approval expires within one year if a building permit has not been issued. Commissioner Fischer seconded. Ayes all." f. Mr. Al Hamel, Director of Development for P.J. Gaughan, Inc., spoke on behalf of the proposal g. Mayor Greavu called for proponents and opponents. The following were voiced their concerns: Mike Klein, 2334 Stillwater Road Mr. Englebretson, speaking for Mrs. Albert Lepske Paul Johnson, 2361 Stillwater Avenue Mr. Graske, 2351 Stillwater Avenue Bill Oliver, representing Beaver Lake Church Ruth Browhall, 2371 Stillwater Pat Klein, 2334 Stillwater Tony John, 2339 Stillwater Road Leo Zacho, 2669 Midvale Place Mrs. Kunz, 2341 Stillwater. h. Mayor Greavu closed the public hearing. I. Councilman Anderson moved to approve the Planned Unit Development as requested by P.J. Gaughan, Inc, and further stated that the staff should investigate the sanitary sewer system in this area and report back to Council. Seconded by Councilman Wiegert. Ayes - all. j. Councilman Anderson introduced the following resolution and moved its adoption: 79 - 9 - 249B WHEREAS, a petition was filed with the City of Maplewood as provided under Section 915.010 of the Municipal Code of the City of Maplewood, said petition having been signed by more than 50% of the owners of the property within 200 feet of the property described as follows: Commencing at the E L of the NW 1/4 of the SW 1/4 of Section 25, Township 29, Range 22 at a point in the center of Stillwater Road, which is 227 feet south of the NE corner of said NW 1/4 of the SW 1/4; thence south along the easterly line of the NW 1/4 of the SW 1/4 to the southeast corner of said - 11 - 9/13 NW 1/4 of the SW 1/4; thence westerly along the southerly line of the NW 1/4 of the SW 1/4 to the southwest corner of the NW 1/4 of the SW 1/4; thence northerly along the westerly line of the NW 1/4 of the SW 1/4 of the center line of Stillwater Road; thence easterly along the center line of Stillwater Road to the point of beginning, except therefrom the follows: That part of the N 3/4 of the NW 1/4 of the SW 1/4 of Section 25, Township 29N, Range 22W, lying south of the center line of Stillwater connection (formerly Stillwater Rd) and lying East of the line running parallel with and distant 642 feet east of the northwest at an angle of 63 degrees 37 minutes to the south line of said N 3/4 of NW 1/4 of SW 1/4 from a point thereon distant 1038 feet East of the SW corner of said land described fraction of said Section 25 also except part taken for Registered Land Survey No. 21 and also except part taken for Registered Land Survey No. 137 and also except that part lying southeasterly of STH No. 212. Stillwater Road and Stillwater Avenue which has been proposed for Special Use Permit. WHEREAS, a public hearing was held on September 13, 1979 at 8:15 P.M. in the City Hall, notice thereof having been duly published in the official City newspaper, and notices of said hearing having been mailed to all property owners of record within 200 feet of the area proposed for a planned unit development; and WHEREAS, the City Planning Commission has made its recommendations; and WHEREAS, it appears for the best interest of the public that siad Special Use Permit be granted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the petition for the above described Special Use Permit for a Planned Unit Development be granted, subject to all conditions contained the the Planning Commission recommendation. Seconded by Councilman Wiegert. Ayes - all. Mayor Greavu recessed the meeting at 10:00 P.M. Mayor Greavu reconvened the meeting at 10:07 P.M. E. UNFINISHED BUSINESS 1. PUD/ Plan Review - I -35E and Roselawn Avenue - Voight (tabled from August 16, 1979 meeting) a. Mr. John Daubney, attorney representing the applicants, spoke on behalf of the proposal. b. Mr. Don Fourre, one of the applicants, reviewed the history of this proposal. c. Mr. Jim Voight, one of the applicants, explained the specifics of the proposal. d. Councilman Nelson moved to the recommendations of staff. Motion died for lack of a second. )rove the Planned Unit Develo - 12 - 9/13 e. Councilman Murdock moved to deny the request of James D. Voight for a Planned Unit Development to construct an office - service commercial project at I35E and Roselawn Avenue on the basis that the site does not provide sufficient access to the proposal. Seconded by Councilman Anderson. Ayes - Mayor Greavu, Councilmen Anderson, Murdock and Wiegert. Nays - Councilman Nelson. G. ADJOURNMENT 11:29 P.M. City Clerk - 13 - 9/13