Loading...
HomeMy WebLinkAbout04.11.83MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, April 11, 1983 Council Chambers, Municipal Building Meeting No. 83 -8 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building and was called to order at 7:01 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present Mary Lee Maida, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes No. 83 -07 (March 28, 1983) Councilmember Bastian moved to approve the Minutes of Meeting No. 83 -07 (March 28, 1983) as corrected: Page 13: Item I -8 "Seconded by Councilmember Anderson." Seconded by Mayor Greavu. Ayes - Mayor Greavu; Councilmembers Anderson, Bastian and Juker. Councilmember fIaida abstained. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Interviews 2. 3M 3. Reporter 4. City Hall 5. Senior Citizen Sewer Billing 6. Storm Sewer 7. Industrial Revenue Bond 8. Settlement - Beam Avenue 9. Used Police Vehicle 10. Bids - Public Official Liability Insurance Seconded by Councilmember Bastian.� Ayes - all. E. CONSENT AGENDA Councilmember Bastian moved, seconded by Mayor Greavu, Ayes - all, to approve the Consent Agenda, Items 1 through 6 as recommended: 1. Accounts Payable - 1 - 4/11 Approved the accounts (Part I - Fees, Services, Expenses dated April 11, 1983 - $182,159.33: Part II - Payroll dated April 8, 1983 - $55,524.85) in the amount of $237,684.18. 2. Revision of Special Assessment Interest Rates Approved that the interest rate on new special assessment rolls be one percent greater than the floating maximum interest rate on bonds. 3. Donation Council accepted a $100.00 donation from the Maplewood Coin Club to be used for the Maplewood Heritage Center and instructed a letter of thank you be forwarded. 4. Home Occupation: Time Extension Approved to renew the home occupation permit for five years for a gunsmithing shop at 540 Ripley Avenue subject to: 1. The applicant obtaining an annual home occupation license from the city clerk. 2. Mounting the ten -pound A. B.C. fire extinguisher on the wall in a location approved by the Fire Marshal. 5. Maplewood Professional Building Authorized the appropriate City Officials to sign the standard agreement for the operation and maintenance of the private water system which has been constructed on the Maplewood Professional Building site. 6. Transfer to Close Project 82 -05 Authorized a transfer fo $124.72 from the General Fund to Project 82 -05 to close the fund. F. PUBLIC HEARINGS 1. 7:00 P.M. Liquor License - Ralph John Karczewski a. Mayor Greavu convened the meeting for a public hearing regarding the request of Ralph John Karczewski for an On Sale Intoxicating Liquor License to be located at the Maplewood Mall. The Clerk read the notice hearing and noted the dates of publication. b. Manager Evans presented the staff report. c. Mr. Ralph Karczewski, the applicant, spoke on behalf of his request. 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. Mayor Greavu moved to approve the application of Mr. Ralph Karczewski for an On Sale Intoxicating Liquor nse to De located at e Maplewood Mall. - 2 - 4/11 Seconded by Councilmember Maida. Ayes - Mayor Greavu, Councilmember Maida. Nays - Councilmembers Anderson, Bastian and Juker. G. AWARD OF BIDS 1. Public Officials Liability Insurance a. Manager Evans presented the staff report. b. Mayor Greavu moved to award the bids to Great Southwest for the Public Officials Liability Insurance overage. Seconded by Councilmember Bastian. Ayes - all. F. PUBLIC HEARINGS (continued) 2. 7:15 P.M. P.U.D. Hazelwood Street Health Resources a. Mayor Greavu convened the meeting for a public hearing regarding the request of Health Resources for approval of a conditional use permit for a planned unit development and variances from parking and minimum floor area requirements. b. Manager Evans presented the staff report. c. Commissioner Duane Prew presented the Planning Commission recommendation: "Commissioner Fischer moved the Planning Commission recommend to the City Council approval of the resolution, approving a conditional use permit for the Hazel Ridge planned unit development, including the following variances: I. Minimum floor area variance to permit the Hazel Ridge Cooperative residence to offer one - bedroom units of 580 and 620 square feet and two- bedroom units of 803 square feet. Code requires 650 and 880 square feet, respectively. 2. A parking variance for 75 rather than the 150 spaces required by code and 55 covered spaces rather than 75 as required by code. Approval of the conditional use permit including variances is subject to: 1. The previously permitted community services programs may continue to be offered provided Council makes a finding that the use has had no adverse affect on the neighborhood. 2. If Council determines there is insufficient on -site parking for the cooperative residence, within one year of 95% occupancy, additional parking may be required. 3. Development of Parcel A shall require an amendment to the planned unit develop- ment. The Director of Community Services should be notified of any proposed development prior to scheduling use of the softball facilities for an upcoming season. The following conditions shall be satisfied before the resolution is recorded: - 3 - 4/11 1. Handicap parking requirements shall be met as required by the Uniform Building Code. 2 The City engineer shall approve final utility drainage and grading plans. 3. The Director of Community Services shall approve the location of the foot trails. 4. The Director of Public Safety shall approve all on -site public safety related signage (stop, handicap, fire lane, etc). 5. The Community Design Review Board shall make a finding that the design is compatible with the character of the zoning district. 6. Staff approval of the proposed owner's association by -laws to assure all common areas are maintained. Commissioner Whitcomb seconded. Ayes - Commissioners Prew, Barrett, Fischer, Signundik, Whitcomb. Nays - Commissioner Sletten." d. Mr. Jim Swanson, Health Resources, spoke on behalf of the proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. The following were heard: Mrs. Christeen Stone, 2727 Hazelwood Avenue. g. Mayor Greavu closed the public hearing. h. Mayor Greavu introduced the following resolution and moved its adoption: 83 - 4 -,,5e WHEREAS, a conditional use permit for the hazel Ridge Planned Unit Development, including variances for floor area and parking for the 75 -unit seniors' residence, has been initiated by Health Resources, Inc. for the followina described property: The North 800 feet of the South 1310 feet of the West 578 feet of the S W 1/4 of the SE 1/4 of Section 3, Township 29, Range 22. Such above property being also known and numbered as 2696 Hazelwood Avenue, Maplewood, Minnesota: WHEREAS, the procedural history of this conditional use permit and variance request is as follows: I 1. That a conditional use permit and variance request has been initiated pursuant to the requirements of sections 36 -438, 36 -109 and 36 -122 of the Maplewood Zoning Code; 2. That said conditional use permit and variance request was referred to and reviewed by the Maplewood Planning Commission on the 21st day of March, 1983, at which time said Planning Commission recommended to the City Council that said conditional use permit and variances be approved. - 4 - 4/11 3. That said conditional use permit and variance request was referred to and reviewed by the Maplewood Housing and Redevelopment Authority on the 8th day of March, 1983, at which time the said Housing and Redevelopment Authority recommended to the City Council that said conditional use permit and variances approved; 4. That the Maplewood City Council held a public hearing to consider the condit- ional use request, notice thereof having been published and mailed pursuant to law; and 5. That all persons present at said hearing were given an opportunity to be heard and /or present written statements, and the Council considered reports and recommendations of the City Staff, Planning Commission, and Housing and Redevelopment Authority. WHEREAS, the variances requested in conjunction with the planned unit, develop- ment as follows: a. A parking space variance of 75 spaces, including twenty covered spaces. b. A minimum floor area variance to permit one bedroom units of 580 and 620 square feet and two bedroom units of 803 square feet. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL, that the above described conditional use permit and variances be granted for the Hazel Ridge planned unit development, subject to the following conditions: 1. That the previously permitted community services programs may be continued provided Council determines that the use had no adverse affect on the neighbor- hood. 2. If Council determines there is inadequate on site parking for the cooperative residence within one year of 95% occupancy, additional parking spaces may be required. 3. Development of Parcel A shall require an amendment to the planned unit develop - ment. The Director of Community Services shall be notified of the any proposed development of this parcel prior to scheduling use of the softball /tee -ball facilities for an upcoming season. In addition, the Director of Community Services shall be included in the planning process for the development of Parcel A as a recreational facility. The Director of Community Services shall approve the location of the foot trails and of the proposed use of Parcel A as a recreational facility. 4. Right turn lane only when exiting the site. Approval of the planned unit development is recommended on the basis of the following findings of fact: 1. The use conforms with the�City's Comprehensive Plan and with the purpose and standards of chapter 36 -348 of City Code. 2. The establishment or maintenance of the use would not be detrimental to the public health, safety or general welfare. 3. The use would be located, maintained and operated to be compatible with the character of that zoning district. 4. There is no evidence that the use would depreciate property values. - 5 - 4/11 5. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to noises, glare, smoke, dust, odor, fumes, water pollution, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 6. The facility would have a minimal impact on Hazelwood'Avenue, planned as a minor arterial roadway. The use would not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area proper- ties. 7. The use would be served by essential public services, such as streets, police, fire protection,utilities, schools and parks. 8. The use would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to the welfare of the City. 9. The use would preserve and incorporate the site's natural and scenic features into the development design. 10. The use would cause minimal adverse environmental effects. 11. Council and the Housing and Redevelopment Authority have given concept approval for development of this site as the "frail- elderly" component of the HRA's tandem senior citizen /first -time home buyer housing program. Approval of the variances is recommended on the basis of the following findings of fact: 1. The zoning code does not consider the unique nature of parking space and floor area requirements for senior housing, as such strict enforcement of the code would constitute an undue hardship. 2. The variances are required for the reasonable and practical development of the proposed seniors' residence and are not based solely on financial concerns. 3. The parking variance is less than that approved for Concordia Arms (50% versus 59 %). No parking problem has occurred at Concordia Arms. 4. If a problem were to occur, adequate room exists on the site to provide addit- ional on -site parking. 5. The common dining, lounge and meeting room areas within the residence and those accessible by tunnel in HRA's office building compensate for the smaller unit areas. 6. The proposed floor areas are consistent with similar seniors' developments in the Twin Cities. 7. The variances will not constitute a threat of a substantive nature to the inhabitants or adjacent property owners. Seconded by Councilmember Maida. Ayes - all. - 6 - 4/11 Councilmember Bastian moved to s K -7 at this time. Seconded by Councilmember Piaida. K. COUNCIL PRESENTATIONS 7. Industrial Revenue Note end the Rules of Procedures and discuss Item a. Manager Evans presented the staff report. Ayes - all. b. Mayor Greavu moved that a letter be written indicating that the City Council will consider Industrial Revenue Bonds as a way of financing the propose St. Jo n's Hosoita . Seconded by Councilmember Anderson. Ayes - all F. PUBLIC HEARINGS (continued) 3. 7:30 P.M. - Rezoning: Larpenteur Avenue and Parkway Drive a. Mayor Greavu convened the meeting for a public hearing regarding a request for a zone change from BC (Business Commercial) to R -3 (multiple dwelling) the property known as the Maple Hills Golf Course and driving range. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. c. Commissioner Duane Prew presented the following Planning Commission recommend- ation: "Commissioner Whitcomb moved the Planning Commission recommend to the City Council approval of a resolution rezoning the Maple Hills Golf Course and the Bennington Woods property from BC, business commercial to R -3, residence district (multiple dwelling). Commissioner Sletten seconded Ayes - Commissioners -Prew, Barrett, Fischer, Sigmundik, Sletten, Whitcomb." d. Mr. Dave Biggs, Woodmark, Inc., spoke on behalf of the proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. The following were heard: Mrs. Robert Johnson, 207 W. Kenwood Drive, presented a petition signed by area residents opposing the rezoning. Mr. Robert Anderson, 211 W. Kenwood Drive. Mr. Carl Peterson, 1951 W. Kenwood Drive. The resident at 734 E. Larpenteur Avenue. g. Mayor Greavu closed the public hearing. - 7 - 4/11 h. Councilmember Anderson introduced the following resolution and moved its adoption: 83 -4 -5/ WHEREAS, the City of Maplewood initiated a rezoning from BC business commercial to R -3, multiple residential for the following described property: Subject to roads and easements and vacated streets adjacent to: Southwest triangular portions of lots 13 and 14, measured as 75 feet on southline of lot 14 to the northeast corner of lot 13; and all of lots 15 - 30 lot B Moores Garden lots, except that part south and west of the following described line: commencing at the southwest corner of lot 2, thence north 564.09 feet to point of beginning, thence south 840 39" for 571.71 feet, thence S 170 45.5" E for 203.77 feet, thence S 740 42" E 172.71 feet MOL and except 98.5 feet MOL by 208.5 foot MOL tract adjacent to Parkway Drive to road, beginning at the southwest corner of lot 2, thence east on the south line of said lot 417.61 feet, thence north 224.55 feet, thence north N6b 1$" east for 210.22 feet thence N 17 45.5" W for 197.52 feet, thence N 84 39 W for 541.37 feet to the west line of lot 2, thence south on west line 564.09 feet to beginning, Moores Garden Lots, Section 17, Township 29, Range 22; This property is also known as the Maple Hills Golf Course and driving range. WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by the City of Maplewood, pursuant to Chapter 36, article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Mpalewood Planning Commission on March 21, 1983. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on April 11, 1983 to consider this rezoning. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the city staff and Planning Commission. NOWT, THEREFORE, BE IT RESOLVED BY THE NAPLEU'OOD CITY COUNCIL that the above described rezoning be approved on the basis of the following findings of fact: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning ordinance and Comprehensive Plan. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. Seconded by Councilmember Maida. Ayes - all. 4. 7:45 P.M. Assessment Hearing - Project 80 -10 a. Mayor Greavu convened the meeting for the assessment roll for Trunk Highway - 8 - 4/11 61 Improvement Project 80 -10. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. c. Assistant City Engineer Dave Pillatzke presented the specifics of the proposed assessment roll. d. City Attorney Patrick Kelly explained the procedures of the assessment hearing. e. Mayor Greavu called for proponents. None were heard. f. -Mayor Greavu called for opponents. The following were heard: Mr. John Matson, 1230 E. County Road C g. Mayor Greavu closed the public hearing. h. Councilmember Anderson introduced the following resolution and moved its adoption: 83- 4 -e5'', WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the construction of the T.H. 61 Frontage Road as described in the files of the City Clerk as Project Number 80 -10, and has amended such proposed assessment as it deems just; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, it hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 19 years, the first of the installments to be payable on or after the first Monday in January, 1984, and shall bear interest at the rate of 12% percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from September 10, 1983, until December 31, 1983. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. - 4. To the extent that this improvement benefits nonabutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the City by adding - 9 - 4/11 any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this assess- ment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilmember Bastian. Ayes - all. *See page 10a for second resolution. (curb and gutter) i. Council established April 25, 1983 as the date to hear any assessment appeals. 5. 8:00 P.M. Alley Vacation between Desoto Street and Burr Street a. Mayor Greavu convened the meeting for a public hearing regarding the request of Mr. Walter Laszcwski to vacate the alley lying directly east of DeSoto Street between Kingston Avenue and Ripley Avenue. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. c. Commissioner Duane Prew presented the following Planning Commission recommend- ation: "Commissioner Fischer moved the Planning Commission recommend to the City Council approval of the resolution vacating the alley except that part abutting lots six and seven. Commissioner Whitcomb seconded. Ayes - Commissioners Prew, Barrett, Fischer, Sigmundik, Sletten Whitcomb. Commissioner Whitcomb moved the Planning Commission recommend to the City Council approval of the resolution vacating the alley abutting lots,six and seven, subject to either 1. It is verified to the city by property stakes or survey that the garage on 1771 Burr Street is at least five feet from the west property line, or 2. If the garage does exist within the limits of the expanded lot, a variance for the five foot setback requirement is obtained or 3. A deed from 1778 DeSoto Street is presented to the city deeding the 7.5 feet of the alley abutting lots six and seven to 1771 Burr Street before recording the vacation. Commissioner Fischer seconded. Ayes - Commissioners Prew, Barrett, Fischer, Sigmundik, Sletten, L Whitcomb. d. Mr. Walt Laszcwski, the applicant, spoke on behalf of his request. e. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following expressed their opinions: Mr. Al Griggs, 1771 Bbrr Mrs. Nary Schrenkler, 1778 Burr - 10 - 4/11 Councilman Anderson introduced the following resolution and moved its adoption: 83 -4 -52A WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the construction of the T.H. 61 Frontage Road Curb and Gutter as described in the files of the City Clerk as Project Number 80 -10, and has amended such pro- posed assessment as it deems just; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall contitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 9 years, the first of the installments to be payable on or after the first Monday in January, 1984; and shall bear interest at the rate of 12% percent per annum from the date of the adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from September 10, 1983, until December 31, 1983. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessment, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. To the extent that this improvement benefits nonabutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the City by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilmember Bastian. Ayes - all. - 10a - 4/11 f. Mayor Greavu closed the public hearing. g. Councilmember Anderson introduced the following resolution and moved its adoption: 83 - 4 - .5;3 WHEREAS, Walter Laszcwski initiated proceedings to vacate the public interest in the following described real property: The alley in block five, Kings Addition to the City of St. Paul, lying between the south line of Ripley Street and thr north line of Kingston Avenue; except that part abutting lots six and seven and lots 24 and 25 WHEREAS, the following adjacent Lots 1 -5, 8 -23 and 26 -30, block WHEREAS, the procedural history 1. This vacation was initiated 2. A majority of the owners of a petition for this vacatio properties are affected: 5 Kings Addition to the City of St. Paul. of this vacation is as follows: by Walter Laszcwski on February 18, 1983; property abutting said alley have signed 1; 3. This vacation was reviewed by the Planning Commission on March 21, 1983. The Planning Commission recommended to the City Council that this vacation be approved; 4. The City Council held a public hearing on April 11, 1983 to consider this vacation. Notice thereof was published and mailed pursuant to law. All persons present at this hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the city staff and Planning Commission. WHEREAS, upon vacation of the above described alley, public interest in the property will accrue to the following described abutting properties: Lots 1 -5, 8 -23 and 26 -30, block 5 Kings Addition to the City of St. Paul. NOW, THEREFORE, BE IT RESOLVED by the Maplewood City Council that it is in the public interest to grant the above described vacation on the basis of the following findings of fact: 1. There is no need for a public alley over this right -of -way Seconded by Councilmember Maida. Ayes - all. 6. 8:15 P.M. Rezoning: 1685 White Bear Avenue - Kentucky Fried Chicken a. Mayor Greavu convened the meeting for a public hearing regarding a proposal to down zone the property at 1685 White Bear Avenue from BC, business commercial to R -1 single residence district. The Clerk stated the hearing notice was in ,order and noted the dates of publication. b. Manager Evans presented the staff report. - 11 - 4/11 c. Commissioner Duane Prew presented the following Planning Commission recommend- ation: "Commissioner Fischer moved the Planning Commission recommend to the City Council approval of the resolution rezoning this site to P. -1, residence district (single dwelling). Commissioner Barrett seconded. Discussion as to whether the land use designation and the proposed zoning is appropriate for the property. Voting on the motion: Ayes - Commissioners Fischer, Barrett, Sigmundik Plays - Commissioners Prews, Sletten, Whitcomb. Motion fails." d. Mr. J. E. Brill, Jr., attorney representing Kentucky Fried Chicken, 1685 White Bear Avenue, spoke against the proposal. e. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following were heard: Mr. Carl Kircher, 1709 White Bear Avenue Mr. Harry Jonsson, 1717 White Bear Avenue. f. Mayor Greavu closed the public hearing. g. Councilmember Anderson moved to deny the request to down zone the at 1685 White Bear Avenue from to an to re er back to Planning the question of zoning the property to . Seconded by Councilmember Maida. Ayes - all. Mayor Greavu moved to suspend the Rules of Procedures to discuss Item I -3. Seconded by Councilmember Bastian. Ayes - all. I. NEW BUSINESS 3. Ide Street Parking Restriction a. Manager Evans presented a letter from several property owners on Ide Street north of Frost Avenue requesting reconsideration of the Council action to restrict parking. Staff has attempted to notify all the affected owners of the meeting. b. Mrs. Donna Funk, Gladstone House, and Mr. Tim Klein, Ide Street, stated their positions. c. Councilmember Bastian moved to reconsider the previous action taken by the Council to place No Parking signs on I e Street or certain ours. Seconded by Mayor Greavu. Ayes - all. d. Councilmember Bastian moved to suspend the Rules of Procedures and placed - 12- 4/11 "No Parking" anytime signs on the east side of Ide Street. Seconded by Councilmember Anderson. Ayes - all. H. UNFINISHED BUSINESS 1. Rezoning - Maryland Avenue and McKnight Road a. Manager Evans presented the staff report. b. Councilmember Anderson moved to rescind the action taken by the Council at the last meeting. Seconded by Councilmember Juker. Ayes - all. c. Councilmember Bastian moved to place this item on the May 9, 1983 agenda. Seconded by Councilmember Anderson. Ayes - all. 2. Code Amendment: NC District - 2nd Reading a. Manager Evans presented the staff report. b. Councilmember Anderson introduced the following ordinance and moved its adoption: ORDINANCE N0. -rY? DIVISION 5A. NC NEIGHBORHOOD COMMERCIAL DISTRICT Section 36 -126. Intent. The intent of this district is to preserve land for the use of businesses that are compatible with adjacent residential land uses. Uses are limited to offices and smaller retail uses that cater to convenience shopping. Pedestrian and bicycle access are to be emphasized. Section 36 -127. Permitted uses. Any of the following uses provided that the floor area of all buildings in any one NC zone shall not exceed 3000 square feet: 1. Bakery or candy shop for the production of goods sold on the premises. 2. Beauty parlor or barber shop. 3. Dry cleaner or laundromat. All odors must be controlled so as not to be noticeable to adjacent residents. 4. Office or medical and dental clinics. 5. Repair shop, except for motorized vehicles. No work shall be performed outside of the building. 6. Drug, hardware or grocery store. •7. Studio. 8. Tailor or dressmaker shop. - 13 - 4/11 9. Veterinary or grooming clinic where there are no outside kennels or storage. Section 36 -128. Accessory uses. 1. Off- street parking. 2. Signs, in accordance with the sign ordinance. Section 36 -129. Conditional uses (requires Council approval). Any of the following uses provided that the floor area of all buildings in any one N C zone shall not exceed 8,000 square feet: 1. Any permitted use listed in section 36 -127. 2. Club, lodge or hall. 3. Private school, daycare center or community service use. 4. Taxi stand or bus stop. 5. Restaurant where there are no drive -up order windows or serving of food to patrons in their automobiles. All cooking odors must be controlled so as not to be noticeable to adjacent residents. 6. Similar uses to those listed in this section. Section 36 -130. District standards. (a) Bike racks Bike racks shall be provided in an area that is convenient to each major building entrance, but which will not disrupt pedestrian or vehicular traffic or fire lanes. (b) Building design Buildings in this district shall be designed surrounding land uses. If more than one use and organized as a unit. Pedestrians should without crossing vehicular traffic lanes. T other than a trash receptacle which shall be 36 -26 of the zoning code. (c) Lot coverage to be compatible with their on a site, they shall be planned be able to walk between stores sere shall be no exterior storage, screened as required by Section At least 15% of the site shall be landscaped. (d) Building setbacks (1) The minimum building setback from a right -of -tray shall be thrity feet and twenty feet from side and rear property lines. (2) Where a setback is from residentially zoned property, the minimum re- quired setbacks shall be increased, not to exceed 75 feet, subject to the most restrictive of the following requirements: - 14 - 4/11 a. Building height: The building setbacks shall be increased two feet for each one foot the building exceeds 25 feet in height. b. Exterior wall area: Where an exterior wall faces a residentially zoned property, the wall setback shall be increased five feet for each 1,000 square feet, or part thereof, in excess of 2,000 square T'eet. (e) Parking and loading areas. Paved areas shall be provided for loading and unloading of delivery trucks and other vehicles, servicing of shops by refuse collection, fuel, fire, and other service vehicles; automobile accessways; and pedestrian walks. (f) Plan review. Plan approval is required from the Community Design Review Board. The city may require appropriate conditions to ensure compatibility with the surround- ing uses to include, but not be limited to, building height, setbacks, or- ientation, parking lot location or location of building entrances or screening. Section 2. This ordinance shall take effect upon passage and publication. Seconded by Councilmember Juker. Ayes - all. 3. Inventory of Potential R -1 to R -3 Rezonings a. Manager Evans presented an inventory of undeveloped sites that are zoned F -farm residence or R -1 single residence district and designated on the land use plan for multiple dwelling development. b. Council directed staff to establish hearing dates. I. NEW BUSINESS (continued) 1. Plan Modification - Project 81 -12 a. Manager Evans presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 83 -4 -.6_-i WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project No. 81 -12 and has let a construction contract therefore pursuant to Minnesota Statutes, chapter 429; and WHEREAS, the construction plans and specifications have been previously approved; and WHEREAS, the engineer has provided information relative to a plan amendment that is in the best interest of the public; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the construction plans and specifications should be changed to cause construct- ion of sidewalk to be made along the south boulevard of Holloway Avenue from - 15 - 4/11 McKnight Road to the westerly lot line of the Ramsey County Open Space property and along the north boulevard from Margaret Street to Century Avenue. Seconded by Councilmember Anderson. Ayes - all. 2. Sterling Street - Holloway to Larpenteur a. Manager Evans presented a letter from.an area resident requesting the City reconsider its position on Sterling Street maintenance. b. Councilmember Bastian moved to accept the letter and moved to table any action until such time as the over ay program is considered. Seconded by Mayor Greavu. Ayes - all. 4. Reconsideration - Hazelwood Street a. Councilmember Juker presented a list of questions that she would like answered before taking any further action regarding the Hazelwood project. b. Councilmember Juker moved to instruct staff to investigate her requests and submit a report. Seconded by Councilmember Anderson. Ayes - all. c. Mr. Bill Gallagher, 2125 Hazelwood,and Mr. Joe Saura, 2051 Hazelwood, discussed the problems. J. VISITOR PRESENTATIONS None. K. COUNCIL PRESENTATIONS 1. Interviews a. Council established interviews for prospective commission members on Wednesday, 6:30 P.M., April 20, 1983. 2. 3M Company a. Council questioned what the settlement in the 3M case was. b. Staff answered. 3. The Reporter a. Councilmember Maida wished to thank the Maplewood Review Reporter, Jonathan Clyde Glass, for all his efforts. 4. City Hall a. Councilmember Anderson commented on combining City Halls. 5. Senior Citizen Billing a. Councilmember Anderson commented on how other cities handle senior citizen billing. - 16 - 4/11 b. Staff will investigate. 6. Storm Sewer Assessment a. Councilmember Anderson commented on his opinion that storm sewer assessments should be on an equal basis. L. ADMINISTRATIVE PRESENTATIONS 1. Settlement a. Manager Evans presented the staff report. b. Mayor Greavu mov to approve the settlement in the amount of $3,000.00 to Don M. Lattimore in ed regar s to nis lawsuit involving Project 77-14. Seconded by Councilmember Anderson. Ayes - all. 2. %lice Vehicle a. Manager Evans presented the staff report. b. Mayor Greavu moved to approve the sale of the Police 1981 Chevrolet station wagon for $1,000 to the Parkside Fire Department Seconded by Councilmember Anderson. Ayes - alt. M. ADJOURNMENT 10:49 P.M. �i y ClerK - 17 - 4/11