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HomeMy WebLinkAbout07.23.84a MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, July 23, 1984 Council Chambers, Municipal Building Meeting No. 84 -16 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 Absent MaryLee Maida, Councilmember Present Michael T. Wasiluk, Councilmember Present C. APPROVAL OF MINUTES 1. Meeting 84 -14, June 25, 1984 Councilmember Wasiluk moved that the Minutes of Meeting No. 84 -14, June 25, 1984, be approved as submitted. Seconded by Councilmember Maida. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. McKnight-and Highwood 2. Garage Moving Ordinances 3. Legislation - Used Car Sales 4. Resolution - Metro Council involvement with Water Board Seconded by Councilmember Wasiluk. Ayes - all. E. CONSENT AGENDA Councilmember Maida moved, seconded by Mayor Greavu, Ayes - all, to approve the Consent Agenda as recommended: 1. Accounts Payable Approved the accounts (Part I, Fees, Services, Expenses - Check Register dated July 13, 1984 - $58,048183: Part II Payroll dated July 13, 1984 - $69,421.63) in the amount of $127,470.46. 2. Afton Heights Park Assessment Approved the payment of $4,523.00 for the assessments against Afton Heights Park and the funds be appropriated from the unallocated non - residential PAC Fund. - 1 - 7/23 F. PUBLIC HEARINGS 1. 7:00 P.M. Home Occupation - 2308 Dahl Court (Rozsa) a. Mayor Greavu convened the meeting for a public hearing regarding the request of Mr. George Rozsa, 2308 Dahl Court, for conditional use permit for an office supply sales home occupation. b. Manager Evans presented the staff report. c. Director of Community Development Geoff Olson presented the following Planning Commission recommendation: "Commissioner Fischer moved the Planning Commission recommend that the City Council adopt the following resolution: WHEREAS, George Rozsa initiated a conditional use permit to operate C and G Office Products as a home occupation at the following described property: Lot one, Block two, VanDahl Addition. This property is also known as 2308 Dahl Court, Maplewood; WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was initiated by George Rozsa, pursuant to the Maplewood Code of Ordinances. 2. This conditional use permit was reveiwed by the Maplewood Planning Commission on July 2, 1984. The Planning Commission recommended to the City Council that said permit be approved. WHEREAS, Section 36 -66 of the City Code requires home occupations to conform to the following requirements: 1. No more than one person, other than members of the family residing on the pre- mises, shall be allowed to engage in such occupation. 2. An area equivalent to no more than twenty (20) percent of each level of the dwelling unit floor area shall be used in the conduct of a home occupation. 3. There shall be no change in the outside appearance of the building or premises, that would indicate the conduct of a home occupation, other than one sign meeting the requirements of the City Sign Code. 4. Limited retail sales of products produced off -site may be permitted, but only when subordinate to the principal activity of the home occupation. 5. No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood. The need for off - street parking shall not exceed more than three off - street parking spaces for home occupat- ions at any given time, in addition to the parking spaces required by the resident occupants. 6. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment - 2 - 7/23 or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or cause fluctuations in line voltage off the premises. 7. No fire safety or health hazard shall exist. 8. A home occupation shall not include the repair of internal combustion engines, body shops, machine shops, welding, ammunition manufacturing or other objectionable uses as determined by the City. Machine shops are defined as places where raw metal is fabricated, using machines that operate on more than one hundred twenty (120) volts of current. 9. Any violation of these requirements shall result in the denial or revocation of the home occupation. 10. Approval shall be for a period not to exceed one year. Renewal shall be subject to the provisions of Chapter 17, Article II, of the City licensing code. 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: 1. The use is in conformity with the city's comprehensive plan and with the purpose and standards of this chapter. 2. The establishment of maintenance of the use would not be detrimental to the public health, safety or general welfare. 3. The use would with the character of 4. The use would 5. The use would potential surrounding trical interference o' be located, design, maintained and operated to be compatible the zoning district. not depreciate property values. not be hazardous, detrimental or disturbing to present and land uses, due to the noises, glare, smoke, dust, odor, elec- other nuisances. 6. The use would generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area properties. 7. The use would be serviced 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. Approval is subject to-the following conditions: 1. The following items shall be provided: - 3 - 7/23 a. A fire extinguisher b. A single station smoke detector in the stoarge and office areas of the basement. 2. The applicant must obtain the annual license for a home occupation. Commissioner Sletten seconded. Ayes - Commissioners Axdahl, Ellefson, Fischer, Hejny, Larson, Robens, Sigmundik, Sletten, Whitcomb." d. Mr. George Rozsa, the applicant spoke on behalf of his request. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. The following were heard: Mr. William Parker, 1058 Marnie, representing the resident at 2300 Dahl Court. g. Mayor Greavu closed the public hearing. h. Councilmember Maida introduced the followina resolution and moved its adoption: 84 - 7 - 106 WHEREAS, George Rozsa initiated a conditional use permit to operate C and G Office Products as a home occupation at the following described property: Lot one, block two, Van Dahl Addition This property is also known as 2308 Dahl Court, Maplewood; WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was initiated by George Rozsa, pursuant to the Maplewood Code of Ordinances. 2. This conditional use permit was reviewed by the Maplewood Planning Commission on July 2, 1984. The Planning Commission recommended to the City Council that said permit be approved. 3. The Maplewood City Council held a public hearing on July 23, 1984. 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. WHEREAS, Section 36 -66 of the City Code requires home occupations to conform to the following requirements:,, 1. Not more than one person, other than members of the family residing on the premises, shall be allowed to engage in such occupation. 2. An area equivalent to no more than twenty (20) percent of each level of the dwelling unit floor area shall be used in the conduct of a home occupation. 3. There shall be no change in the outside appearance of the building or prem- ises, that would indicate the conduct of a home occupation, other than one sign meeting the requirements of the City Sign Code. - 4 - 7/23 4. Limited retail sales of products produced off -site may be permitted, but only when subordinate to the principal activity of the home occupation. 5. No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood. The need for off - street parking shall not exceed more than three off street parking spaces for home occupat- ions at any given time, in addition to the parking spaces required by the resident occupants. 6. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or t'elevision receivers off the premises, or caused fluctuations in line voltage off the premises. 7. No fire safety or health hazard shall exist. 8. A home occupation shall not include the repair of internal combustion engines, body shops, machine shops, welding, ammunition manufacturing or other objectionable uses as determined by the City. Machine shops are defined as places where raw metal is fabricated, using machines that operate on more than one hundred twenty (120) volts of current. 9. Any violation of these requirements shall result in the denial or revocation of the home occupation. 10. Approval shall be for a period not to exceed one year. Renewal shall be subject of the provisions of Chapter 17, Article II, of the City Licensing Code. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above - described conditional use permit be approved on the basis of the following findings of fact: 1. The use is in conformity with the City's Comprehensive Plan and with the purpose and standards of this Chapter. 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, designed, maintained and operated to be compatible with the character of that 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 the noises, glare, smoke, dust, odor, fumes, water pollution, water run-off,-,vibration, general unsightliness, electrical inter- ference or other nuisances. 6. The use would generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area properties. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parks. - 5 - 7/23 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. Approval is subject to the following conditions: 1. The following items shall be provided: a. A fire extinguisher b. A single station smoke detector in the storage and office areas of the basement. 2. The applicant must obtain the annual license for a home occupation. 3. Sidewalk constructed to the North and South of 2308 Dahl Court. Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu; Councilmembers Maida and Wasiluk. Nays - Councilmember Anderson. 2. 7:05 P.M. RLS - 2055 E. Larpenteur Avenue a. Mayor Greavu convened the meeting for a public hearing regarding a request from the Maplewood, North St. Paul- Oakdale School District No. 622 for approval of a registered land survey to divide the school district's property at 2055 E. Larpenteur into (8) eight lots. b. Manager Evans presented the staff report. c. Director of Community Development Geoff Olson presented the following Planning Commission recommendation: "Commissioner Fischer moved the Planning Commission recommend the City Council approve the preliminary RLS of the Maplewood -North St. Paul- Oakdale School District's property, at 2055 East Larpenteur Avenue subject to: 1. The City Engineer shall approve the maintenance provisions of the access and utility easement over Tract D to serve Tract G. 2. The southerly lot lines for Tract G must be shown, by land survey, to comply with the setback requirements of the Uniform Building Code. Commissioner Hejny seconded. Ayes - Commissioners Axdahl, Ellefson, Fischer, Hejny, Larson, Robens, Sigmundik, Sletten, Whitcomb." d. Mr. Brian Buckmeier, representing the School District, spoke on behalf of the request. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. The following were heard: - 6 - 7/23 Mr. Thomas Weyandt, 1721 Ruth Street; Mr. David Moeckel, 1722 Ruth Street. g. Mayor Greavu closed the public hearing. h. Councilmember Maida moved to approve the Registered Land Survey as requested by School District 622 to divide their property at arpen eur Avenue into eight lots. Seconded by Councilmember Wasiluk. Ayes - all. i. Councilmember Maida moved to refer the question of the Price Street access to the staff. Seconded by Councilmember Wasiluk. Ayes - all. 3. 7:00 P.M. - Alley Vacation: Ariel and County Road C a. Mayor Greavu convened the meeting for a public hearing regarding the request of Nancy Gaston to vacate an alley right of way west of Ariel Street and South of County Road C. b. Manager Evans presented the staff report. c. Director of Community Development presented the following Planning Commission recommendation: "Whereas, Nancy Gaston initiated proceedings to vacate the public interest in the following described real property: The alley right of way south of lots one through six, block one, Maplewood Addition to North St. Paul, Section 11, Township 29, Range 22 WHEREAS, the procedural history of this vacation is as follows: 1. This vacation was initiated by Nancy Gaston on June 15, 1984; 2. A majority of the owners of property abutting said alley right of way have signed a petition for this vacation. 3. This vacation was reviewed by the Planning Commission on July 2, 1984. The Planning Commission recommended to the City Council that this vacation be approved. WHEREAS, upon vacation of the above described alley, public interest in the property will accrue to the following described abutting properties: Lots one through six and lots 25 through 30, block one, Maplewood Addition to North St. Paul NOW, THEREFORE, BE IT RESOLVED by the Maplewood Planning Commission that it is in the public interest to grant the above described vacation on the basis of the following findings of fact: 1. This alley right of way serves no public purpose. 2. It is in the best interest of the public to vacate the right of way. Commissioner Ellefson seconded. Ayes - Commissioners Axdahl, Ellefson, Fischer, Hejny, Larson, Robens, Sigmundik, Sletten, Whitcomb." - 7 - 7/23 d. Ms. Nancy Gaston, administrator for the Dorothy McNaughton estate, spoke on behalf of the 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: 84 - 7 - 107 WHEREAS, Nancy Gaston initiated proceedings to vacate the public interest in the following described real property: The alley right of way south of lots one through six, block one, Maplewood Addit- ion to North St. Paul, Section 11, Township29, Range 22 WHEREAS, the procedural history of this vacation is as follows: 1. This vacation was initiated by Nancy Gaston on June 15, 1984; 2. A majority of the owners of property abutting said alley right of way have signed a petition for this vacation; 3. This vacation was reviewed by the Planning Commission on July 2, 1984. The Planning Commission recommended to the City Council that this vacation be approved. 4. The City Council held a public hearing on July 23, 1984, 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 one through six and lots 25 through 30, block one, Maplewood Addition to North 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. This alley right of way serves no public purpose. 2. It is in the best interest of the public to vacate the right of way. Seconded by Councilmember Wasiluk. Ayes - all. 4. 7:15 Code Amendment - Cul -de -Sac a. Mayor Greavu convened the meeting for a public hearing regarding a proposed code amendment to increase the minimum required diameter for the terminus of cul- de -sacs from 100 feet to 120 feet. - 8 - 7/23 b. Manager Evans presented the staff report. c. Director of Community Development presented the following Planning Commission recommendations: "Commissioner Hejny moved the Planning Commission recommend to the City Council approval of the proposed ordinance to increase the required right of way diameter for cul -de -sacs from 100 to 120 feet. Commissioner Sletten seconded. Ayes - Commissioners Axdahl, Ellefson, Fischer, Hejny, Larson, Robens, Sigmundik, Sletten." 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. Councilmember Anderson moved first reading of an ordinance to amend the Code to increase the minimum required diameter for the terminus of cul-de-sacs from feet to 120 fe&-t—. Seconded by Councilmember Wasiluk. Ayes - all. 5. 7:30 P.M. - Fiddler Liquor License a. Mayor Greavu convened the meeting for a public hearing regarding the request of Bernard's Food and Cocktail, 3035 White Bear Avenue, for an On Sale Intoxicating Liquor License. b. Manager Evans presented the staff report. c. Mr. Michael Black, attorney representing the applicants, spoke on behalf of the 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 introduced the following resolution and moved its adoption: NOTICE IS HEREBY GIVEN, that pursuant to action by the City Council of the City of Maplewood on July 23, 1984, an On Sale Intoxicating Liquor License was approved for Thomas Selwold dba Bernard's Food and Cocktail, 3035 White Bear Avenue. The Council proceeded in this matter as outlined under the provisions of the City Ordinances. Seconded by Councilmember Wasiluk. Ayes - all. G. AWARD OF BIDS 1. Sewer Cleaner - 9 - 7/23 a. Manager Evans presented the staff report. b. Mayor Greavu introduced the following resolution and moved its 84 - 7 - 109 ion: BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of McQueen Equipment Company in the amount of $89,898.00 is the lowest responsible bid for (1) High Pressure Sewer Cleaner /Vacum Machine and the Mayor and Clerk are authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilmember Wasiluk. Ayes - all. 2. 4 x 4 Truck a. Manager Evans presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 84 - 7 - 110 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Thane Hawkins Polar Chevrolet in the amount of $11,897.00 is the lowest responsible bid for (1) 6100 lb. GVW 4x4 vehicle and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilmember Wasiluk. 3. Street Paving Project a. Manager Evans presented the staff report. b. Councilmember Maida introduced the followi 84 - 7 - 111 Ayes - all. resolution and moved its adoption: BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of North- west Asphalt in the amount of $120,560.00 is the lowest responsible bid for Maplewood Project 84 -6 and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilmember Wasiluk. Ayes - all. H. UNFINISHED BUSINESS 1. Conditional Use Permit: Rolling Hills Mobile Home Park a. Manager Evans presented the staff report. b. Mr. Richard Pearson, 1959 White Bear Avenue, owner of the Park, explained the progress of the improvement to the park. He further explained why all the conditions of the permit have not been met. c: The following persons expressed their views: Mr. Dahlberg, 1368 Rolling Hills Drive; - 10 - 7/23 Mrs. Karen Bordson, 1323 Rolling Hills Drive; Mrs. Fran Juker, 1965 Barclay. d. Councilmember Maida moved that no mobile homes be moved into the weeks and tabled further discussion until uaust 13. 1984 mee ino. for three Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson, Maida and Wasiluk. Nays - Mayor Greavu. 2. Meeting with Developers in the "Leg" a. Manager Evans presented the staff report. b. Council established a Developers /Council meeting at 7:00 P.M., August 15, 1984, at East County Line No. 2 Fire Station. 3. CDRB Appeal: Gulden's a. Manager Evans presented the staff report. b. Mr. Doyle Biggs, Co -owner of Gulden's, spoke on behalf of the request to appeal the Community Design Review Board's condition regarding that all parking and drive areas be paved and have continuous concrete curbing and that there be modifications to the requirement of a holding tank being installed for sprinkling purposes. c. Councilmember Anderson moved that Gulden's will have to be constructed accordin to the State Buildino Code. Seconded by Councilmember Maida. Ayes - all. d. Councilmember Anderson moved an amendment to the Community Design Review Board's condition number four regarding the construction of u ens to read: 4. All parking and drive areas shall be paved and striped, and shall have continuous concrete curbing, except for the existing concrete wheel stops along the Highway 61 frontage which may remain. The drive, shown as "existing gravel" on the site plan, shall be eliminated. Seconded by Councilmember Maida. Ayes - all. e. Councilmember Anderson moved to instruct staff to investigate the possibili of extending water to serve the area of eam and Highway-GT.— Seconded by Councilmember Wasiluk. Ayes - all. Councilmember Anderson moved to waive the Rules of Procedures and hear Visitor Presentations at this time. Seconded by Councilmember Wasiluk. Ayes - all. J. VISITOR PRESENTATIONS 1. Bill and Jean Todd, 2500 White Bear Avenue a. The Todds explained the problems they are experiencing because of the tri -plex that is being constructed south of their home. They stated the developer has not followed the approved elevations or conditions that were approved for that project. - 11 - 7/23 b. Council directed someone from the City Engineering Department meet with the Todds at the construction site July 24, 1984 at 11:00 A.M. I. NEW BUSINESS 1. No Parking Request - Carlton Street a. Manager Evans presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 84 -7- 112 RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, that the West side of Carlton Street from Conway Avenue to 1300 feet North is designated a "No Parking" zone. Seconded by Councilmember Maida. Ayes - all. 2. Podawiltz Development Request a. Manager Evans stated Podawiltz Development Corporation has requested that Holmes and Graven be their bond counsel with respect to the application of the Revenue Bonds for Rental Housing (Mapleridge). b. Mayor Greavu moved to deny the request and informed Podawiltz Development that Briggs and Morgan were the City's bonding counsel at this time. Seconded by Councilmember Anderson. Ayes - all. K. COUNCIL PRESENTATIONS 1. McKnight and Highwood a. Councilmember Maida stated that parking on the streets at the intersection of Highwood and McKnight was a real problem. b. Councilmember Maida moved to refer the problem to staff to investigate. Seconded by Councilmember Wasiluk. Ayes - all. 2. Garage Moving Ordinance a. Councilmember Anderson requested staff handle garage moving permits. b. Councilmember Anderson moved first reading of an ordinance allowing garage moving permits to be handled administratively. Seconded by Mayor Greavu. Ayes - all. 3. Used Car "Lemon Law a. Councilmember Anderson moved that the City Council support legislation regarding the proposed "Lemon Law" or used cars. - 12 - 7/23 Seconded by Councilmember Maida. Ayes - all. . ADMINISTRATIVE PRESENTATIONS 1. Resolution - St. Paul Water'Department a. Councilmember Wasiluk introduced the following resolution and moved its adoption: 84 -7- 113 WHEREAS, the City of Maplewood has been attempting to negotiate a contract with the St. Paul Board of Water Commissioners regarding water service to a majority of its residents for over one and one -half years; and WHEREAS, the St. Paul Board of Water Commissioners has resolutely refused to discuss charges, but unilaterally has established a twenty percent surcharge on Maple- wood residents; and WHEREAS, the St. Paul Board of Water Commissioners has, for all practical purposes, established a monopoly on water services to Maplewood residents served by its water supplies; and WHEREAS, it is the belief of the City of Maplewood that the twenty percent surcharge is unjustified, and that Maplewood residents have other costs beyond the surcharge, which are paid for st. Paul residents out of their lower rates; and WHEREAS, the Cities of Mendota Heights and West St. Paul are also in contract negotiations with the St. Paul Board of Water Commissioners and face the same monopo- listic situation; and WHEREAS, these cities have no course of action other than the courts to redress this matter; NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood that the Metro- politan Council be hereby requested to intercede in the matter of a water contract between the City of Maplewood and the St. Paul Board of Water Commissioners in order that an equitable solution to a regional problem can be reached. Seconded by Councilmember Anderson. Ayes - all. M. ADJOURNMENT 10:05 P.M. city clerk - 13 - 7/23