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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 - 1 - 5/9 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. - 2 - 5/9 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. - 3 - 5/9 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; - 4 - 5/9 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: - 5 - 5/9 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. - 6 - 5/9 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. - 7 - 5/9 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 - 8 - 5/9 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. - 9 - 5/9 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. 10 - 5/9 Motion required 4/5's vote to pass. Meeting recessed at 11:32 P.M. iiy�Terk - 11 - 5/9