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HomeMy WebLinkAbout03.26.84MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, March 26, 1984 Council Chambers, Municipal Building Meeting No. 84 -06 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 7:00 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present MaryLbe Maida, Councilmember Present Michael T. Wasiluk, Councilmember Present C. APPROVAL OF MINUTES. 1. Minutes of Meeting No. 84 -04 (March 12, 1984) Councilmember Anderson moved to approve the Minutes of Meeting No. 84 -04 (March 12, 1984) as submitted. Seconded by Councilmember Bastian. D. APPROVAL OF AGENDA Ayes - Mayor Greavu; Councilmembers Anderson, Bastian and Maida. Councilmember Maida abstained. Mayor Greavu moved to approve the Agenda as amended: 1. Recycling Center 2. Bus Stops 3. Developer's Meeting 4. Telephone Boxes 5. Resolution Seconded by Councilmember Maida. Ayes - all. E. CONSENT AGENDA Council removed item E -6 to become Item I -5. Council also removed Item E -3 to be voted on separately. Councilmember Anderson moved, seconded by Councilmember Bastian, Ayes - all, to approve the Consent Agenda, Items 1, 2, 4 and 5 as recommended: 1. Accounts Payable Approved the accounts (Part I, Fees, Services, Expenses, Check register dated March 14,1984 and March 15, 1984 = $308,728.42; Part II - Payroll - Check dated March 9, 1984 - $68,934.02) in the amount of $377,662.44. - 1 - 3/26 2. Disposal of Old Financial Records Resolution No. 84 -3 -48 WHEREAS, M.S.A. 138.17 governs the destruction of City records; and WHEREAS, a list of records has been presented to the Council with a request in writing that destruction be approved by the Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the Finance Director is hereby directed to apply to the Minnesota State Historical Society for an order authorizing destruction of the records as described in the attached list. 2. That upon approval by the State of the attached application, the Finance Director is hereby authorized and directed to destroy the records listed. 3. Budget Transfer - Community Services Discussed separately. 4. Disposal of Excess Property - Beam and Hazelwood Declared the property at the southwest corner of Beam and Hazelwood, owned by the City to be excess property and authorized staff to prepare the appropriate documents for sale. 5. Change Order No. 2 - Holloway Avenue Improvement Resolution No. 84 -3 -49 WHEREAS, the City Council of Maplewood, Minnesota has heretofore entered into a Joint Powers Agreement with Ramsey County and North St. Paul and has ordered made Improvement Project No. 81 -12 and has let a construction contract therefore pursuant to Minnesota Statutes, Chapter 429; and WHEREAS, it is not necessary and expedient that said contract be modified and designated as Improvement Project No. 81 -12, Change Order No. 2; 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 existing contract by executing said Change Order No. 2. 3. Budget Transfer - Community Services Councilmember Anderson moved to approve the Budget Transfer of $324!'00 from the Contin- gency Fund to Account No. 01-4120-281-63 o cover the cost of e Adult "MaplewooF_ Seconded by Councilmember Wasiluk. Item L -1 was discussed at this time. Ayes - Mayor Greavu; Councilmembers Anderson, Maida and Wasiluk. Nays - Councilmember Bastian. - 2 - 3/26 F. PUBLIC HEARINGS 1. 7:00 P.M. Rezoning - North of Tracks Between Century and McKnight a. Mayor Greavu convened the meeting for a public heaiing regarding a change in zoning district from R -1, single dwelling district, to R -3 Multiple Dwelling, the property located between McKnight Road and Century Avenue on the northerly side of the Burlington Northern railroad tracks. b. Manager Evans presented the staff report. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Hejny moved the Planning Commission forward the following resolution to the City Council: WHEREAS, the City of Maplewood initiated a rezoning from R -1, residence dis- trict (single dwelling) to R -3, multiple dwelling for the following described property: Unplatted lands, except southeasterly 94 feet, part northwesterly of center line of most northerly main track of C St. P M and 0 Ry r/w of tract composed of following: SE 1/4 of NW 1/4 NW 1/4 of SE 1/4 SW 1/4 of SW 1/4 N 112 of SW 1/4 and except part in east 970 2110 feet more or less to NSP Co. as in document 14937818, the S 112 of NE 1/4 (subject to roads and easements) in 24- 29 -22. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD PLANNING COMMISSION that the above described property, except the north 675 feet, the easterly 1270 feet and the westerly 1910 feet, is rezoned from R -1 to R -3, on the basis of the follow- ing findings of fact: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of the 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. 4. The proposed change would have no negative effect upon the logical, effic- ient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Commissioner Fischer seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Pellish, Sigmundik, Whitcomb." d. Mr. Jeff Jorpe, representing Hillcrest Development, stated they supported the staff and Planning Commission recommendations. e. Mayor Greavu called -for proponents. None were heard. f. Mayor Greavuy called for opponents. None were heard. g. Mayor Greavu closed the public hearing. - 3 - 3/26 h. Mayor Greavu introduced the following resolution and moved its adoption: 84 -3 -50 WHEREAS, the City of Maplewood initiated a rezoning from R -1, residence district, to single dwelling to R -3, multiple dwelling for the following described property: Unplatted lands, except SELY 94 feet, part N WLY of CL of most NLY main tract of C St P M and O Ry r/w of tract composed of Fol: SE 1/4 of NW 1/4 NW 1/4 of SE 1/4 SW 1/4 of SW 1/4 N 1/2 of SW 1/4 and Ex part in E 970 2110 ft MOL to NSP co as in document 1493718, the S 112 of NE 1/4 (subject to roads and easements) in 24- 29 -22. 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 March 5, 1984. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on March 26, 1984 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 re- commendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above described property, except the north 675 feet, the easterly 1270 feet and the westerly 1910 feet, is rezoned from R -1 to R -3, on the basis of the following findings of fact: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will nto 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, adn the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public wervices and facilities, such as public water, sewers, police and fire protection and schools. Seconded by Councilmember Wasiluk. Ayes - all. G. AWARD OF BIDS None. UNFINISHED BUSINESS None. - 4 - 3/26 I. NEW BUSINESS 1. H.R.C. Request for Meeting a. Manager Evans presented the staff report. b. Councilmember Anderson moved to establish a meeting date of June 24, 1984 at 7:00 P.M. for Council to meet with a t e ity oar s an commissions. Seconded by Councilmember Wasiluk. Ayes - all. 2. H.R.A /Council Meeting Discussed under Item I -1. 3. Council Review: 2688 Highway 61 (Aquatic Enterprises) a. Manager Evans presented the staff report. b. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Fischer moved the Planning Commission recommend the City Council approve for Acquatic Enterprises to operate a swimming pool and hot tub sales center from M -1 zoned property, based on the findings that these would be compatible with the neighborhood and would not interfere with the proper development of the M -1 district. Approval is subject to compliance with any fire safety requirements of the fire marshal. Commissioner Whitcomb seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson, Fischer, Pellish, Sigmundik, Whitcomb." c. Councilmember Maida moved to approve the request of Aquatic Enterprises, Inc. to operate a swimming pool an hot-tub sa es cen er rom - zoned property at Highway 61, based on the findings that the use would be compatible with e neiq or oo an wou no inter ere with a proper development of the M-1 distr ai. Seconded by Mayor Greavu. Ayes - all. 4. Planning Commission - Vacancy a. Manager Evans stated staff recently advertised for the vacancy on the Planning Commission created by Duane Prew's resignation. There were no new applications. Council should consider taking some action to fill this vacancy. b. Council instructed staff to obtain past applications for Council review. 5. Schaller Drive - New Street Name a. Manager Evans stated the new T.H. 61 frontage road is near completion. A suitable name should be established at this time. It has been suggested that the names as shown on the attached map be adopted. Schaller Drive for the northern section and continue to use Maplewood Drive for the southern section. It is requested the City Council adopt street names for the T.H. 61 frontage road in accordance with the attached map. - 5 - 3/26 b. Councilmember Wasiluk moved to table this item until the next meeting for further review. Seconded by Councilmember Anderson. Ayes - all. J. VISITOR PRESENTATIONS None. K. COUNCIL PRESENTATIONS 1. Recycling Center a. Councilmember Anderson commented on the need for a recycling center in Maplewood and suggested staff investigate the possibilities. F. PUBLIC HEARINGS (continued) 2. 7:30 P.M. Preliminary Plat - South Oaks a. Mayor Greavu convened the meeting for a public hearing regarding the request of Emil Kucera, 2519 Highwood, for a zone change from F, Farm Residence, to R- 1, Single Family Dwelling, and for approval of a preliminary plat for six single dwelling lots. The property is located on McKnight Road west of Hillwood Drive. b. Manager Evans presented the staff report. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Pellish moved the planning commission recommend to the City Council approval of the South Oaks preliminary plat, subject to the following conditions: 1. Dedication of the Hillwood Drive right -of -way with phase I as a through street. The land north and south of the right -of -way shall be designated as block one, lot seven and block two, lot one. 2. Dedication of three feet along the west boundary of the entire site for the McKnight Road right -of -way. 3. Increasing the width of proposed Teakwood Court from 24 to 32 feet. 4. Signing the required developers agreement and submission of the required surety for construction of Teakwood Court and associate improvements. 5. City engineer approval of final grading, drainage and utility plans. The drainage plan shall provide for a two -acre foot storm drainage pond to serve the Teakwood Court properties. 6. Where slopes between 25 and 40 percent in grade are to be developed, the follow- ing conditions shall be met: a. Controls and protections must exist uphill from the proposed development such that there is no danger of structures or streets being struck by falling rock, mud, sediment from erosion, uprooted trees or other materials. - 6- 3/26 b. The proposed development must present no danger of falling rock, mud, sediment from erosion, uprooted trees or other materials to structures downhill. c. The City Engineer may require the developer to provide a soils engineer to certify the stability of potentially unstable slopes. 7. Submission of an erosion control plan before the issuance of any building permits which incorporates the recommendations of the Soil Conservation Service. This recommendation is based on Alternate B site plan. Commissioner Whitcomb seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Pellish, Sigmundik, Whitcomb." Commissioner Pellish moved the Planning Commission forward the following resolution to the City council: WHEREAS, the City of Maplewood initiated a rezoning from F, farm residence to R -1, residence district (single dwelling) for the following described property: The west 15 acres of the NW 1/4 of the SW 1/4 of Section 12, Township 28N, Range 22W, Ramsey County, Minnesota, except the north 365.00 feet of the west 293.00 feet and also except the north 465.00 feet of the east 204.91 feet of said 15 acres, subject to McKnight Road on the west. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD PLANNING COMMISSION 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 code. 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. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of the public services and facilities, such as public water, sewers, police and fire protection and schools. Commissioner Fischer seconded. Commissioners Axdahl, Barrett, Ellefson, Fischer, Hejny, Pellish, Sigmundik, Whitcomb." d. Mr. Emil Kucera, owner of the property, and his appraisor, Mr. Malcolm Watson, spoke on behalf of the proposal. e. Mr. Ken Gervais, developer of the property next to Mr. Kucera, explained what conditions were imposed on him when he developed. f. Mayor Greavu called for proponents. None were heard. g. Mayor Greavu called for opponents. None were heard. - 7 - 3/26 h. Mayor Greavu closed the public hearing. i. Councilmember Anderson introduced the following resolution and moved its adoption: 84 - 3 - 51 WHEREAS, the City of Maplewood initiated a rezoning from F, farm residence to R -1, residence district (single dwelling) for the following described property: The west 15 acres of the NW 1/4 of the SW 1/4 of Section 12, Township 28N, Range 22W, Ramsey County, Minnesota, except the north 365.00 feet of the west 293.00 feet and also except the north 465.00 feet of the east 204.91 feet of said 15 acres, subject to McKnight Road on the west. 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 March 5, 1984. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on March 26, 1984 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 code. 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. 4. The proposed change would have no negative effect upon the logical, efficr ient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Seconded by Councilmember Maida. Ayes - all. j. Councilmember Anderson moved to approve alternate site plan B for the Emil Kucera Preliminary Plat with e following recommen ations: I. Approval of the South Oaks preliminary plat, subject to the following conditions: - 8 - 3/26 A. Dedication of the Hillwood Drive right of way with Phase I as a through street. The land north and south of the right of way may be designated as block one, lot seven and block two, lot one, respectively or retained as one lot -- block one, lot seven. (If Council does not require the deciation of the right of way at this time, Phase II should be designated as Outlot A. This will allow Council to control the location of future homes so they will not be built on the future right of way or within its setbacks.) B. Dedication of three feet along the west bondary of the entire site for the McKnight Road right of way. C. Increasing the width of proposed Teakwood Court from 24 to 32 feet. D. Signing the required developers agreement and submission of the required surety for construction of Teakwood Court and associated improvements. E. City Engineer approval of final grading, drainage and utility plans. The drainage plan shall provide for a two acre foot storm drainage pond to serve the Teakwood Court properties. F. Where slopes between 25 and 40 percent in grade are to be developed, the follow- ing conditions shall be met: 1. Controls and protections must exist uphill from the proposed development such that there is no danger of structures or streets being struck by falling rock, mud, sediment from erosion, uprooted trees or other materials. 2. The proposed development must present no danger of falling rock, mud, sediment from erosion, uprooted trees or other materials to structures downhill. 3. The City Engineer may require the developer to provide a soils engineer to certify the stability of potentially unstable slopes. G. Submission of an erosion control plan before the issuance of any building permits which incorporates the recommendations of the Soil Conservation Service. Seconded by Councilmember Wasiluk. Ayes - all. 2. Bus Stops - Frost Avenue a. Councilmember Anderson questioned what has happened to the bus stop that was to be moved on Frost Avenue when the construction was completed. b. Director of Public Works Ken Haider stated he will contact MTC. 3. Developers Meeting a. Councilmember Anderson commented on a proposed developers meeting. b. Mr. Ken Gervais, Castle Design, stated he would contact the developers that are presently in Maplewood an&together with Community Development Director Geoff Olson start the "ball" rolling. 4. Telephone Boxes - 9 - 3/26 a. Councilmember Bastian stated he has noticed several of the telephone boxes destroyed by the snow plows. Is there some way they can be placed further from the street. b. Staff stated they have to be placed in the right of way. M. ADJOURNMENT 8:40 P.M. iTy U er