HomeMy WebLinkAbout05.09.83MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, May 9, 1983
Council Chalmbers, Municipal Building
Meeting No. 83 -10
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 7:03 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
None.
D.
APPROVAL OF AGENDA
Mayor Greavu moved to approve the Agenda
as amended:
1. Council /Commission Meeting
2. N.R.A.
3. Conference
4. Cable
5. East County Line Fire Department
6. hater Hole
7. T.H.Improvement
8. Vehicle Rehab Program
9. City Agenda.
10. Add F -la
11. Deferment
12. Vacant Position
13. Park Land
14. Losers Group
15. Presentation of Award E -1
Seconded by Councilmember Bastian.
Ayes - all.
E.
CONSENT AGENDA
Council removed Item E -2 fror?i the Consent Agenda to become Item I -9.
Mayor Greavu moved, seconded by Councilmember Bastian, Ayes - all, to approve the
Consent Aqenda Items 1 and 3 as recommended.
1: Accounts Payable
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Approved the accounts (Part I, Fees, Services, Expenses, Check register dated April
25, 1984 through April 28, 1983 - $220,028.52; Part II Payroll Check register dated
April 22, 1983 pay period ending April 15, 1983 - $56,448.97) in the amount of
$276,477.49.
2. Advanced Life Support Care and Transportation.
See I -9.
3. Holloway Avenue - Contract Amendment
Resolution No. 83 -5 -66
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, it is now necessary and expedient that said contract be modified and
designated as Improvement Project No. 81 -12, Change Order No. 1;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
that the Mayor and City Clerk are hereby authorized and directed to modify the exist-
ing contract by executing said Change Order No. 1.
E -A PRESENTATION OF AWARD
Director of Public Safety introduced Police Officer Richard Lang. Officer Lang
presented an area youth with a Citizen's Award for his help in apprehending a person
fleeing from the police.
F. PUBLIC HEARINGS
1 -A - Councilmember Bastian moved to rescind and expunge from the record action
taken on April 25, 1983 to approve the On Sale Liquor License for Ralr)h Karczew
Motion failed for lack of a second.
Councilmember Bastian moved to amend the Rules of Procedure as follows:
Section 10: (c) Not withstanding any provision to the contrary, no action may
be taken at an initial public hearing on any subject matter coming before the Council
for its consideration. All matters must be continued until the next regularly
scheduled meeting of the Council, at which time the Council may take any appropriate
action.
Seconded by Councilmember Anderson.
Councilmember Bastian moved to table the amendment to the Rules of Procedures.
Seconded by Councilmember Anderson. Ayes - all.
1. Rezoning - English Street - Skillman Tracks 7:00 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the proposal
to rezone the East Side of English Street Soo Line Tracks to Skillman Avenue
from B -C (Business Commercial) to R -2 (double dwelling). The Clerk stated the
hearing notice was in order and noted the dates of publication.
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b. Manager Evans presented the staff report.
c. Commissioner Duane Prew presented the following Planning Commission recom-
mendation:
"Commissioner Fischer moved the Planning Commission recommend to the City Council
approval of the resolution rezoning this site to R -2, residence district, double
dwelling.
Commissioner Pellish seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson,
Fischer, Pellish, Prew, Sigmundik, Whitcomb."
d. Mayor Greavu called for proponents. None were heard.
e. Mayor Greavu called for opponents. The following were heard:
Mr. Ralph Nuebel, Forest Lake, Minnesota, representative of Soo Line Railroad.
f. Mayor Greavu closed the public hearing.
g. Councilmember Anderson introduced the following resolution and moved its
adoption:
83 -5 -67
WHEREAS, the City of Maplewood initiated a rezoning from BC, business to
R -2, residence district (double dwelling) for the following described area:
An area bounded by the centerlines of English Street, Skillman Avenue and
the Burlington Northern right of way, and the north line of the Soo Line
right of way. This area includes block one, lots 1 -27 Gladstone Addition;
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 Maplewood Planning Commission on April
4, 1983. The Planning Commission recommended to the City Council that said
rezoning be approved.
3. The Maplewood City Council held a public hearing on May 9, 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 statement. The Council also considered reports and
recommendations of the city staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD 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.
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3. The proposed change will serve the best interests and conveniences of the
community, where applicable, and the public welfare.
Seconded by Councilmember Juker: Ayes - Councilmembers Anderson, Bastian,
Juker and Maida,
Mayor Greavu abstained..
2. Variance: English Street Nuebel 7:00 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Mr. Ralph Nuebel for a 15 foot lot width variance to build a single family
dwelling. 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 recom-
mendation:
"Commissioner Fischer moved the Planning Commission recommend to the City Council
approval of the resolution granting a lot width and area variance on the basis
that:
1. There is a hardship since the property could not be put to reasonable use
if the code requirements were strictly enforced.
2. The variance would be in keeping with the spirit and intent of the ordinance.
3. The city has approved comparable lot width and area variances in the past.
Commissioner Hejny seconded. Ayes - Commissioners Axdahl, Barrett,
Ellefson, Fischer, Hejny, Howard, Pellish, Prew, Whitcomb."
d. Mr. Ralph Nuebel, the applicant, spoke on behalf of his request.
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. Councilmember Anderson introduced the following resolution and moved its
adoption:
83 -5 -68
WHEREAS, Ralph Nuebel - applied for a variance for the following described
property:
Lot Three and the South half of Lot Two, Block One, Gladstone Addition;
WHEREAS, section 36 -69 of the Maplewood Code of Ordinances requires a lot
width of 75 feet;
WHEREAS, the applicant is proposing to build on a sixty foot wide lot,
requiring a variance of fifteen feet;
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i�
WHEREAS, the procedural history of this variance is as follows:
1. This variance was applied for on October 27, 1982.
2. This variance was reviewed by the Maplewood Planning Commission on
December 20, 1982. The Planning Commission recommended to the City
Council that said variance be approved.
3. The Maplewood City Council held a public hearing on May 9, 1983 to
consider this variance. Notice thereof was published and mailed pursuantto
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.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above
described variance be approved on the basis of the following findings of fact:
1. There is a hardship since the property could not be put to reasonable
use if the code requirements were strictly enforced.
2. The variance would be in keeping with the spirit and intent of the
ordinance.
3. The City has approved comparable lot width and area variances in the
past.
4. The lot to the north is only sixty feet wide.
Seconded by Councilmember Maida. Ayes - all.
Rezoning: Skillman and Clarence 7:00 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the proposed
rezoning of Clarence Street south of Skillman Avenue from M -1 (Light Manufacturing)
to R -3 (Multiple Dwelling) and R -2 (double dwelling). 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 recom-
mendation:
"Commissioner Fischer moved the Planning Commission recommend to the City Council
approval of the resolution rezoning 2010 Clarence Street from M -1 to R -2 and
the rest of the area to R -3.
Commissioner Whitcomb seconded. Ayes - Commissioners Axdahl, Barrett,
Ellefson, Fischer, Pellish,,,Prew, Sigmundik, Whitcomb."
d. 'Mayor Greavu called for proponents. None were heard.
e. Mayor Greavu called for opponents. The following were heard.
Ms. Marie Spoden, 1353 E. Skillman.
f. Mayor Greavu closed the public hearing.
g. Councilmember Juker introduced the following resolution and moved its adoption:
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83 -5 -69
WHEREAS, the Maplewood City Council initiated a rezoning for the following
properties:
Lots 1 -10 and 12 -22, Block Ten and Block Nine, Gladstone Addition. The
westerly zoning boundary shall extend to the centerline of the Burlington
Northern tracts.
WHEREAS, the procedural history of this rezoning is as follows:
This rezoning was initiated by the Maplewood City Council, pursuant to chapter
36, article VII of the Maplewood Code of Ordinances.
2. This rezoning was reviewed by the Maplewood Planning Commission on April
4, 1983. The Planning Commission recommended to the City Council that said
rezoning be approved.
3. The Maplewood City Council held a public hearing on May 9, 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.
NOVA, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that:
Lots 1 -10 and 12 -22 Block Ten and all of Block Nine, Gladstone Addition are
rezoned from M -1, light manufacutring to R -2, double dwelling. The westerly
zoning boundary shall extend to the centerline of the Burlington Northern right
of way.
Approval is based on 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 and 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 Councilm ember Anderson. Ayes - Councilnembers Anderson, Bastian,
Juker and Maida.
Mayor Greavu abstained.
4. Rezoning: Century Avenue Ivy to tracks 7 :30 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the proposed
rezoning of the west side of Century Avenue from Ivy to the Railway tracks from
M -2 (Heavy Manufacturing) to F (Farm) R -2 double dwelling and R -3 multiple dwelling.
The Clerk stated the hearing notice was in order and noted the dates of publication.
b. Manager Evans presented the staff report.
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c. Commissioner Duane Prew presented the following Planning Commission recom-
mendation:
"Commissioner Fischer moved the Planning Commission recommend to the City Council
approval of the resolutions, rezoning the City property to F, the Vanderhoff
property to R -2 and the Pearson property to R -3.
Commissioner Pellish seconded. Ayes - Commissioner Axdahl, Barrett,
Ellefson, Fischer, Pellish, Prew, Sigmundik, Whitcomb."
d. Mayor Greavu called for proponents. None were heard.
e. Mayor Greavu called for opponents. The following were heard:
Mr. John Daubney, representing Mrs. Gerta Vanderhoff.
f. Mayor Greavu closed the public hearing.
g. Councilmember Maida introduced the following resolution and moved its adoption:
83 -5 -70
WHEREAS, the Maplewood City Council initiated the following rezonings:
1. M -2, heavy manufacturing to F, farm residence for unplatted lands beginning
on the North South 1/4 line of Section 24- 29 -22, 450 feet South thereon
from the Southerly line of the Omaha Railway right of way thence Northeasterly
to the Northeast corner of the Northwest 1/4 of the Southeast thence North-
easterly to a point 75 feet Southeasterly at a radius from the centerline
of the main track of said railway thence Southwesterly parallel with and
75 feet Southeasterly at a radius from said track centerline to said North
South 1/4 line thence South thereon to the beginning in Section 24- 29 -22.
2. M -2 to R -3, multiple dwellings for unplatted land, subject to Century Avenue.
The Northeast 1/4 of the Southeast 1/4 of Section 24- 29 -22, more commonly
described as 1375 Century Avenue North.
WHEREAS, the procedural history of this rezoning is as follows:
The rezoning was initiated by the Maplewood City Council, pursuant to chapter
36, article VII of the Maplewood Code of Ordinances;
2. This rezoning was referred to and reviewed by the Maplewood Planning Commission
on April 4, 1983, at which time said Planning Commission recommended to
the City Council that said rezoning be approved.
3. The Maplewood City Council held a public hearing on May 9, 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.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD 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 Land Use Plan.
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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 Bastian. Ayes - Councilmembers Anderson, Bastian,
Juker and Maida.
5. Code Amendment — Signs on R -1 Zones 7:45 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding an amendment
to the Sign Ordinance to permit signage for institutions in residential areas.
The Clerk stated the hearing notice was in order and noted the dates of publication.
b. Manager Evans presented the staff report.
c. Councilmember Bastian moved to table this item.
Seconded by Councilmember Anderson. Ayes - all.
6. Rezoning - McKnight and Maryland 8:00 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the rezoning
of the property north of Maryland Avenue, east of McKnight Road from M -2 (Heavy
Manufacuring) to R -3 (Multiple Dwelling) and R -2 (double dwelling). The Clerk
stated the hearing notice was found to be in order and noted the dates of,public-
ation.
b. Manager Evans presented the staff report.
c. Commissioner Duane Prew presented the following Planning Commission recommend-
ation:
"Commissioner Prew moved the Planning Commission recommend to the City Council
the area under consideration be rezoned as follows:
Area 1, which would refer to all properties east of the proposed new alignment
of McKnight Road, except for what is now called area 2, would be rezoned
to R -3 Multiple Dwelling.
2. Area 2, which would consist of the piece of property at the intersection
between the mobile home park and proposed McKnight alignment as shown on
the staff memorandum, would be NC, Neighborhood Commercial.
3. Area 3, which would be all remaining parts, which would be all parts west
of the proposed McKnight Road alignment would be rezoned as R -1, Residence
District (Single Dwelling).
Commissioner Whitcomb seconded. Ayes - Commissioners Axdahl, Barrett,
Ellefson, Fischer, Hejny, Pellish, Prew, Whitcomb."
d. Mayor Greavu called for persons who wished to be heard for or against the
proposal. The following expressed their opinions:
Perry Shortridge, 2191 Henry Place
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e
Gary Pearson, Park Manager for Beaver Lake Estates
John Johnson
Russell Niezgocki, 1505 Ryan Avenue.
Mayor Greavu closed the public hearing.
f. Councilmember Anderson moved to rezone the
McKnight R -2 (double dwelling ) and the eas s
Seconded by Councilmember Juker.
Councilmember Anderson withdrew his motion.
the west side of
g. Councilmember Anderson moved to return this item to the Planning Commission
and the Director of Community Deve opmen o review his even ngs iscussions.
Seconded by Councilmember Juker. Ayes - all.
7. P.U.D. Revision: Maryland and Ferndale 8:15 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Castle Design and Development Company for a special use permit amendment
to relocate multiple units to the south portion of the PUD north of Maryland,
west of Ferndale. 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 recom-
mendation:
"Commissioner Fischer moved the Planning Commission recommend that the City
Council replace condition one of the 1973 PUD with the following wording:
1. The site plan approved in 1973 shall be revised to move the 110 units approved
along the northerly boundary of the PUD to the north side of Maryland Avenue.
The plan dated April 27, 1983 shall be the specific development plan north
of Maryland Avenue, subject to design review board approval. Any changes
that result in, an increase in density or change in building type or site
plan shall require a public hearing and approval by the City Council. Approval
of the plan north of Maryland Avenue is subject to the following conditions:
a. The two existing parcels shall be combined as one parcel.
b. All common areas shall be maintained by the homeowners' association.
The City Attorney must approve all rules and by -laws. Any changes affect-
ing the common areas shall require City Council approval.
c. The City Council must order a feasibility study for the water main on
McKnight Road and the elevated storage prior to construction of phases
three and four of the proposal.
d. The City Council must order a public improvement for the ponding and
storm water outlet system to Beaver Lake prior to construction of phases
three and four of the proposal.
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e. Dedication of 33 feet of right -of -way for Maryland Avenue.
f. Grading on the north part of the property shall not affect the city property
called "Jim's Prairie."
g. The developer shall make available to the City an area suitable for a neigh-
borhood park as indicated in the Maplewood Comprehensive Plan. Location
and size to be agreed upon by the developer and the Director of Community
Services. If purchase is necessary, the City will follow its procedures
for establishing the value of the land. Any costs of appraisals or other
expenses shall be paid by the developer.
Commissioner Ellefson seconded.
Voting on the motion: Ayes - Commissioners Fischer, Ellefson, Hejny
Nays - Commissioners Axdahl, Barrett, Pellish, Prew,
Sigmundik, Whitcomb."
d. Mr. Ken Gervais, Castle Design Development Company, 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:
Mr. Jim Carlson, 1159 Glendon
Mr. Steve Oman, President of Maple Green Home owners, 1114 Sterling
Ms. Melinda Wiese, 2520 Rose Avenue
Mr. Gerald Rheaume, 1112 Sterling
Mr. Don Holme, 2532 Rose Avenue
Mr. Roger Bowman, 2517 E. Rose Avenue
Mr. Stanley Collum, 2506 E. Rose Avenue
Council received a petition signed by the area residents in opposition.
g. Mayor Greavu closed the public hearing.
h. Councilmember Anderson moved to instruct the staff to review this PUD espec-
ially study to see if drainage pon wi e a equate; t e possibility of a road
closer to Ivy; an—& prepare a recommendation as to the necessity ot an
Seconded by Councilmember Juker. Ayes - Mayor Greavu; Councilmembers Anderson,
Juker and Maida.
Nays - Councilmember Bastian.
i. Councilmember Bastian moved to approve the 1983 PUD Changes.
Motion died for lack of a second.
Councilmember Anderson moved to waive the Rules of Procedures to extend the
meeting past the deadline.
Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers Anderson.
and Juker.
Nays - Councilmembers Bastian and Maida.
Motion failed.
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Motion required 4/5's vote to pass.
Meeting recessed at 11:32 P.M.
iiy�Terk
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