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HomeMy WebLinkAbout04.09.84 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, April 9, 1984 Council Chambers, Municipal Building Meeting No. 84-08 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 MaryLee Maida, Councilmember Present Michael T. Wasiluk, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes No. 84-06 (March 26, 1984) .Councilmember Anderson moved to approve the Minutes of Meeting No. 84-06 (March 26, 1984 as submitted. Seconded by Councilmember Wasiluk. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Fill Permits 2. .Ivy and Century 3. Commercial Partners Seconded by Councilmember Bastian. Ayes - all. E. CONSENT AGENDA Council removed Item E-2 from the Agenda. Mayor Greavu moved, seconded by Councilmember Bastian, Ayes - all, to approve the Consent Agenda Items 1, 3 through 6 as recommended: 1. Accounts Payable i Approved the accounts (Part I, Fees, Services, Expenses, Check Register dated March 28, 1984 through March 30, 1984 - $350,327.93: Part II - Payroll Check dated P1arch 23, 1984 - $64,903.47; Check dated April 6, 1984 - $61,353.21) in the amount of $476,584.61. 2. ,Refinancing Revenue Note-- Commercial Partners Removed from Consent Agenda - See L-1. - 1 - 4/9 3. Liquor License - Red Lobster - Change of Managers Approved the transfer of the Liquor License for Red Lobster, 2925 White Bear Avenue, from John Ducey to Louis 4lilliam Sop landa. 4. H.R.A. Annual Report Accepted the HRA's annual report for March 1983 through February, 1984. 5. PUD Time Extension: Hazel Ridge Approved the renewal of the conditional use permit for the Hazel Ridge planned unit development for two years, on the basis that the community services programs have not had an adverse effect on the neighborhood and the applicant has made a good faith effort to proceed to construction. Renewal is subject to: 1. The conditions of the permit approved on April 11, 1983, as amended August 8, 1983. 2. Construction of the Hazel Ridge Cooperative residence beginning within six months. 6. Budget Transfer - Planning Approved of a budget transfer of $289 from the Planning Department's travel and training fund to the Planning Commission's travel and training fund. The purpose is to send Dorothy Hejny to the National Planning Conference in Minneapolis. PUBLIC HEARINGS 1. 7:00 P.M. Conditional Use Permit & Used Car License: 2210 White Bear Avenue a. Mayor Greavu convened the meeting for a public hearing regarding the request of John Tappan for a conditional use permit to operate a used car sales burliness at 2210 White Bear Avenue. b. Manager Evans presented the staff report. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Fischer moved the Planning Commission forward the following resolution to the City Council: WHEREAS, John Tappan initiated a conditonal use permit to operate a used car sales business at the following-described property: ;a Smith and Taylors addition to North St. Paul beginning on the west line of and 2 65/100 feet north of southwest corner of lot 1, thence east 271 49/100 feet thence north to point in centerline of vacated Laurie Road 272 19/lOD feet east from west line of said lot thence west to west line of said lot thence south to beginning being part of vacated road NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD PLANNING COMMISSION that the 'above-described conditional use permit be approved on the basis of the following findings-of-fact: - 2 - 4/9 1. The use is in conformity with the City's Comprehensive Plan and with the purpose and standards of the zoning code. 2. The establishment and maintenance of the use would not be detrimental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be compatible with the character of the BC zoning district. 4. The use would not depreciate property values. 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 pol- lution, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 6. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion, unsafe access or parking needs that would cause undue burden to the area properties. 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 and design. 10. The use would cause minimal adverse environmental effects. Approvals subject to the following conditions: 1. Removal of the wood, inoperable vehicles, snowmobiles and miscelaneous junk from the site. 2. Construct afire-wall separation between the office and show room as required by the building official. 3. There shall be no`exterior storage of inoperable vehicles or parts of vehicles. 4. Approval of a used car sales license. Commissioner Whitcomb seconded. Ayes - Axdahl, Barrett, Ellefson, Fischer, Pellish, Robens, Sigmundik, Sletten, 4dhlitcomb." `a d. Mr. John Tappan; 4046 SaYem Street, St. Louis Park, Minnesota, the applicant, 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. Richard Convery, attorney representing George Klein, fee owner of the property g. Mayor closed the public hearing. - 3 - 4/9 h. Councilmember !Bastian moved to deny the request for a conditional use permit to operate a used car sales usiness at ite ear Avenue ase on t e o ow- ing in ings: 1. The establishment and maintenance of the use would be detrimental to the public health, safety or general welfare. 2. The use sould not be compatible with the character of the BC zoning district. 3. The use would depreciate property values. 4. The use would be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to noises, glare, smoke, dust, odor, fumes, water pollution, water run-off., vibration, general unsightliness, electrical inter- - ference or other nuisances. 5. The use would generate excessive vehicular traffic on local streets and would create traffic congestion, unsafe access or parking needs that would cause _ undue burden to the area properties. 6. The use would create excessive additional requirements at public cost for public facilities and services; and would be detrimental to the welfare of the City. Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson, Bastian and blasiluk. Nays - Mayor Greavu and Councilmember Maida. 2. 7:15 P.M. Rezoning: 1037 Century.- Youngren (4 votes) a. Mayor Greavu convened the meeting for a public hearing regarding the request of Mr. James Youngren for a zone change from R+1 single dwelling to R-2 double dwelling the property located at 1037 No. Century. b. Manager Evans presented the staff report. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Whitcomb moved the Planning Commission forward the following resolut- ion to the City Council: WHEREAS, James Youngren initiated a rezoning from R-1, residence district (single dwelling) to R-2, residence district (double dwelling) for the following described property: ''s, Lot 27, Block 1, Midvale Acres This property is also known as 1037 N. Century Avenue, Maplewood. 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. - 4 - 4/9 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 efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Commissioner Pellish seconded. Ayes - Commissioners Axdahl, Barrett, Ellefson, Fischer, Pellish, Sigmundik, Whitcomb." d. Mr. Robert Mordini, 1651 Cumberland, representing the applicant, Mr. James Youngren, spoke on behalf of tha proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Councilmember f4aida introduced the following resolution and moved its adoption: 84-!4-53 WHEREAS, James Youngren initiated a rezoning from R-1, residence district (single dwelling) to R-2, residence district (double dwelling) for the following described property: Lot 27, Block 1, Midvale Acres This property is also knovan as 1037 No. Century Avenue, Maplewood; WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by James Youngren, pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the faplewood Planning Commission on March 19, 1984. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on April 9, 1984, to 'j 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 varitten 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 evith the spirit, purpose and intent of the zoning code. - 5 - 4/9 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 evelfare. 4. The proposed change would have no negative effect upon the logical, effic- lent, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Seconded by Mayor Greavu. Ayes - all. 3. 7:30 P.M. Preliminary Plat Time Extension and Revision - Beam-Lakeside a. Mayor Greavu convened the meeting for a public hearing regarding the request of Voya Piletich for a one year time extension for the Beam Lakeside Addition preliminary plat and revision of several conditions including increasing the number of lots that can be built on without public water from 13 to 21. b. Manager Evans presented the staff report. c. Director of Community Development Geoff Olson presented the specifics of the proposal. d. Mr. Voya Piletich, 860 Burke Court, the applicant, spoke on behalf of the proposal. Mr. Gerald Mogren, who is assisting Mr. Piletich, also spoke. e. Councilmember Bastian moved to table any action on F-3 and to continue with the agenda. Seconded by Councilmember Wasiluk. Ayes - a11. f. Councilmember Anderson moved to instruct staff to investigate the possibilities of providing water to the Beam venue area. Seconded by Mayor Greavu. Ayes - all. G. AWARD OF BIDS None. H. UNFINISHED BUSINESS 1. Planning Commission Vacancy ' a. Councilmember Anderson moved to place all previous applications on file. Seconded by Councilmember Bastian. Ayes - all. b. Park and Recreation Commission .Councilmember Anderson moved to appoint Mrs. Cecelia Schneider to the Park and Recreation Commission.. Seconded by Councilmember Wasiluk. Ayes - all. -6- 4/9 c. H.R.C. Councilmember Anderson moved to appoint Ms. Mary Duncan to the Human Rights Com- mission. Seconded by Councilmember Maeda. Ayes - all. d. Planning Commission Councilmember Bastian moved to appoint Mrs. Dennis J. Larson to the Planning Commission for one year. Seconded by Councilmember Wasiluk. Ayes - all. 2. Schaller Drive a. Councilmember Bastian moved that the northern portion of the frontage raod be named Duluth Street and rep ace c a er rive wlt u u an t e sout ern portion o t e rontage oa remain ap ewoo rive. Seconded by Councilmember Maida. Ayes - all. b. Councilmember Bastian moved that a letter be sent to Ramsey County requesting that the new Battle Creek etropo itan ar e name t e is ar c a er ernor- 7a ar in onor o ap ewoo s ormer erector o u is a ety is ar c a er. Seconded by Councilmember P1aida. Ayes - all. NEb~ BUSINESS 1. Rescheduling of May 28 P1eeting a. Councilmember 6astian moved to cancel the May 28 Meeting and reschedule it for May 24, 1984 at 5:00 P. 1. Seconded by Councilmember Wasiluk. Ayes - all. 2. East Communities Family Center a. Manager Evans presented the staff report. b. Mr. Bill Lester spoke on behalf of the Center`s request for the $9,000. c. Councilmember Wasiluk moved to approve a budget transfer of $8,000 fromithe Contingency Fund to the East ommunities ami y en er. Seconded by Councilmember Maida. Ayes - all. 3. Composting a. Manager Evans stated the Council, at their last meeting, requested information on the operation of composting sites. Bryan Golob, from the Ramsey County Environ- mental Health Department, will be at the meeting to make a short presentation .and answer questions. Bryan organized the six sites that were opened in Ramsey County last year. b. Mr. Brian Golab presented information on the operation of the Ramsey County Composting sites.. - 7 - 4.9 4. Hook 'N Ladder Lounge a. Manager Evans stated the owner of the Nook 'N Ladder Lounge requested this item be removed from the agenda. b. Councilmember Anderson moved to table Item I-4 until the meeting of April 23, 1984. Seconded by Mayor Greavu. Ayes - all. 5. No Parking - English Street a. Manager Evans stated the redoing of the service drive on the north side of Highway 36 between Atlantic and English Streets eliminated some of the parking area for employees of Berg Torseth and Truck Utilities. Some of the employees of these companies are starting to park on English Street south of Highway 36. While the vehicles are legally parked, they do create a hazard for northbound vehicles that are trying to make right turns to go east on Highway 36; therefore, I would would request that you seek City Council permission to place "Plo Parking" signs on both the east and west sides of English Street from Cope Avenue to Highway 36. b. Mayor Greavu moved to establish "No Parking" on both the east and west sides of English Street rom ope venue o ig way an instructe sta o rnsta e appropria a signs. Seconded by Councilmember Anderson. Ayes - all. 6. Ordinances on Peddlers and Solictors a. Manager Evans requested this item be removed from the Agenda. b. Councilmember Bastian removed Item I-6 from. the Agenda. Seconded by Councilmember Maida. Ayes - all. 7. Ordinances on Concealed Weapons a. Director of Public Safety i<en Collins presented an ordinance prohibiting certain weapons and explosives. b. Councilmember Bastian moved first reading of an ordinance which states: "It shall be unlawful for any person within the City to possess any device or weapon known as a slungshot, slingshot sand club, metal knuckles, switchblade knife, dagger, stiletto, dirk, blackjack, chain club., pipe club, bowie knife, Miiotov cocktail, grenade, throwing star, or similar device. -3 It shall be unlawful for any person vaithin the City to carry or wear concealed about his person any pistol, BB, air or C02 gun. Seconded by Counc ilmember Maida. Ayes - all. VISITOR PRESENTATION None. - 8 - 4/9 K. COUNCIL PRESENTATIONS 1. Fill Permits z`,r a. Councilmember Maida questioned if Don John on Stillwater Road obtains fill permits for what he is doing on his property. b. Staff stated he has not obtained permits and will investigate. 2. Century and Ivy - Lights a. Councilmember Anderson questioned if anything is being done to obtain street lights at .Century and Ivy. b. Staff will investigate. L. ADMINISTRATIVE PRESENTATIONS 1. Commercial Partners - Revenue Note a. Manager Evans stated Foegere and Benson are acting as Bond Consultants and they did not obtain Council approval. to act as such. Briggs and Morgan are the approved bonding consultants for revenue notes at this time. b. P~1r. Charles bans, representing Commercial Partners, the applicant for the Revenue Note, explained his clients postion and requested, waiving of the fee plus allowing Foegere and Benson to remain as bonding consultants. - c. Mayor Greavu moved that Briggs and Morgan be the Bonding Consultant for the Commercial Partners an tat e ity ee not a waive . Seconded by Councilmember Wasiluk. Ayes - all. d. Mayor Greavu introduced the following resolution and moved its adoption: 83-4-54 RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE P1INNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING WHEREAS, (a) Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial r, Development Act (the "Act") gives municipalities the power to issue revenue bonds for the purpose of the encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; (b) The City Council of the City of f~laplewood (the "City") has received from Commercial Partners;: Maplewood, a general partnership organized under the laws of the State of Minnesota (the "Company") a proposal that the City assist in financing a project hereinafter described, through the issuance of its industrial revenue bonds (which may be in the form of a single debt instrument) (the "Bonds") pursuant to the Act; -9- 4/9 (c) Before proceeding with consideration of the request of the Company it is necessary for the City to hold a public hearing on the proposal pursuant to Section 474.01, Subdivision 7b, Minnesota Statutes; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. A public hearing on the proposal of the Company will be held at the time and place set forth in the Notice of Hearing hereto attached. 2. The general nature of the proposal and an estimate of the principal amount of bonds to be issued to finance the proposal are described in the attached form of Notice of Hearing. 3. A draft copy of the proposed application to the Energy and Economic Develop- ment Authority, State of Minnesota, for approval of the project, together with proposed forms of all attachments and exhibits thereto, is on file in the office of the City Clerk. 4. The City Clerk is hereby authorized and directed to cause notice of the hearing to be given one publication in the official newspaper and a newspaper of general circulation available in the City, not less than 15 days nor more than 30 days prior to the date fixed for the hearing, substantially in the form of the attached Notice of Public Hearing. Adopted by the City Council of the City of Maplewood, Minnesota, this 9th day of April, 1984. /s/ John C. Greavu Mayor ATTEST: /s/ Lucille E. Aurelius ~ y er NOTICE OF PUBLIC HEARING ON FINANCING INDUSTRIAL DEVELOPMENT PROJECT ON BEHALF OF COMMERCIAL PARTNERS/MAPLEWOOD NOTICE IS HEREBY GIVEN that a public hearing shall be conducted by the City Council of the City of Maplewood, Minnesota on an industrial development project proposed to be undertaken and financed pursuant to Minnesota Statutes, Chapter 474, by the City and Commercial Partners/Maplewood, a Minnesota general partnership (the "Partnership"). The hearing will be held at the City Hall in said City on May 14, 1984 at 7:00 o'clock P.M. The project as proposed consists generally of the acquisition, construction and equipping of a 22,295 square foot commercial building which is located at 1866-1872 Beam Avenue in the City of Maplewood, I'i Minnesota. The Project has been completed and is owned by the Partnership and leased to various tenants. Under the proposal, up to approximately $1,100,000 in principal amount of Industrial Development Refunding Revenue Note of the City of Maplewood will be issued to finance the project. At said time - 10 - 4/9 and place the City Council shall give all parties who appear an opportunity to express their views with respect to the proposal to undehtake and finance the project. Dated April 9, 1984. BY ORDER OF THE CITY COUNCIL By /s/ Lucille Aurelius ity er Seconded by Councilmember Wasiluk. Ayes - all. M. ADJOURNMENT 10:00 P.M. er 8 d, - 11 - 4/9