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HomeMy WebLinkAbout08.27.84MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, August 27, 1984 Council Chambers, Municipal Building Meeting No. 84 -19 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 -16 (July 23, 1984) Councilmember Anderson moved to approve the Minutes of Meeting No. 84 -16 (July 23, 1984) as submitted. Seconded by Councilmember Maida 2. Minutes No. 84 -18 (August 13, 1984) Ayes - Mayor Greavu, Councilmember Anderson, Maida and Wasiluk. Councilmember Bastian abstained. Councilmember Maida moved to approve the Minutes of Meeting No. 84 -18 (August 13, 1984) as submitted. Seconded by Councilmember Bastian. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the agenda as amended: 1. Ken Gervais - Assessments 2. Phalen Place 3. Farm Zones 4. Volunteer Firemen Policy 5. Police Vacancies Seconded by Councilmember Bastian. Ayes - all. CONSENT AGENDA Councilmember Anderson moved, seconded by Councilmember Wasiluk, Ayes - all, to approve the Consent Agenda, Items 1 through 4 as recommended: 8/27 1. Accounts Payable Approved the accounts (Part I, Fees, Services, Expenses, Check Register dated August 15, 1984 and August 16, 1984 - $349,543.28: Part II, Payroll Check dated August 3, 1984 - $71,690.92) as submitted. 2. Time Extension - Crestview 3rd Addition Approved a one year time extension for the Crestview 3rd Addition preliminary plat, subject to the original conditions. 3. Preliminary Plat and Variances - Tilsen's Maplewood Heights No. 13 Resolution No. 84 -8 -125 WHEREAS, Tilsen Homes, Inc. applied for a variance for the following described property: East 150 feet of the West 262.60 feet of the South 297.45 feet of the North 330.45 of the Northwest 1/4 of the Northwest 1/4 of Section 1, Township 29, Range 22, subject to an easement for highway purposes over the southerly 3.5 feet thereof. Together with, The west 112.60 feet of the South 297.45 feet of the North 330.45 feet of the Northwest 1/2 of the Northwest 1/4 of Section 1, Township 29 North, Range 22 West, subject to McKnight Road and Gall Avenue rights -of -way. This property is also known as 2266 and 2280 E. County Road D, Maplewood; WHEREAS, sections 36 -69 and 30 -8 (f) (1) of the Maplewood Code of Ordinances requires single - dwelling lots to have at least 10,000 square feet area; WHEREAS, the applicant is proposing lot one with 9,860 square feet, lot two with 9,862 square feet, lot four with 9,951 square feet, lot five with 9,751 square feet and lot six with 9,750 square feet, requiring variances of 140, 138, 49, 249 and 250 square feet; WHEREAS, Section 30 -8 (f) (2) of City Code requires single dwelling corner lots to be at least 100 feet wide; WHEREAS, the applicant is proposing lot four of Robert Tilsen's Maplewood Heights #13 to be 79.6 feet wide, requiring a variance of 21.4 feet; WHEREAS, the procedural history of this variance is as follows: This variance was applied for on June 13, 1984. 2. This variance was reviewed by the Maplewood Planning Commission on August 6, 1984. The Planning Commission recommened to the City Council that said variance be denied. 3. The Maplewood City Council held a public hearing on August 13, 1984 to consider this variance. 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. - 2 - 8/27 NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above de- scribed variance be approved on the basis of the following findings of fact: 1. Strict enforcement of the code would cause an undue hardship because of cir- cumstances unique to this property. 2. The variances meet the spirit and intent of the code. 3. The lots would be in character with the neighborhood. 4. Parks Capitol Improvement Projects to be cancelled. The following projects be cancelled at this time and that funds be returned to their appropriate P.A.C. account. Western Hills Tennis Court Lights - Project 11- 4720 - 345 -81 $500 To Neighborhood Account Tennis Court Lights - Project 11- 4720 - 345 -94 $9,000 To Commercial Account Kohlman Park Tennis Courts - Project 11- 4720 - 364 -94 $30,000 To Commercial Account PUBLIC HEARINGS 1. 7:00 P.M. - Environmental Protection /Critical Area Ordinance (4 Votes) a. Mayor Greavu convened the meeting for a public hearing regarding amending the environmental protection ordinance by consolidating it into one ordinance with the critical area ordinance and adding a requirement for Council approval to make significant alterations to major slopes of 25% or more in grade. 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 to the City Council approval of the proposed environmental protection /critical area ordinance. Commissioner Pellish seconded. Ayes - Commissioners Axdahl, Barrett, Fischer, Larson, Pellish, Robens, Whitcomb." 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 Wasiluk moved first reading of an ordinance consolidating the environmental protection ordinance with e critical area ordinance and adding the requirement Tor councii approval to make significant alterations to mayor s of eb7. or more in qraae. - 3 - 8/27 Seconded by Councilmember Anderson. COUNCIL PRESENTATIONS 1. Ken Gervais - Assessments Ayes - all. a. Councilmember Wasiluk questioned the assessment procedure and how it affected Ken Gervais. Also that he is being charged twice for inspections. b. Council stated they .would meet with staff September 13, 1984 at 9:00 A.M. at the Public Works facility to discuss assessment policy. 2. Phalen Place a. Councilmember Wasiluk commented on the complaints of speeding along Ripley Avenue by the area residents. b. Staff to investigate. F. PUBLIC HEARINGS 2. 7:10 P.M. Code Amendment with Platting a. Mayor Greavu convened the meeting for a public hearing regarding amending the section of the code requiring an automatic rezoning from F, farm residence to R- 1, single dwelling when a property is platted, to requiring that the City initiate a rezoning at the developer's request. b. Manager Evans presented the staff report. c. Councilmember Anderson moved to refer the proposed Code Amendment back to Staff for further review. Seconded by Councilmember Bastian. Ayes - all. 3. 7:20 P.M. Street Vacation - Ripley Avenue (Huppert) a. Mayor Greavu convened the meeting for a public hearing regarding the request of Gregory L. Huppert to vacate Ripley Avenue lying between Ruth Street and the Mounds Park Academy property. b. Manager Evans presented the staff report. c. Director of Community Development Geoff Olson presented the following Planning Commission recommendation: "Commissioner Sletten moved the Planning Commission recommend the City Council approve the following resolution: WHEREAS, Gregory Huppert initiated proceedings to vacate the public interest in the following described real property: That part of Ripley Avenue right of way lying north of lot one, block two, Stanich Highlands. WHEREAS, the procedural history of this vacation is as follows: - 4 - 8/27 1. This vacation was initiated by Gregory Huppert on August 3, 1984; 2. A majority of the owners of property abutting said street right of way have signed a petition for this vacation; 3. This vacation was reviewed by the Planning Commission on August 20, 1984. The Planning Commission recommended to the City Council that this vacation be approved. WHEREAS, upon vacation of the above described street right of way, public interest in the property will accrue to the following described abutting properties: 1. Lot 1, Block 2, Stanich Highlands 2. Subject to streets and avenues and easements and right of way and except part of the N 112 of the SW 1/4 southeasterly of North St. Paul Road and South- westerly of Hazelwood Street and except the W 810 feet of the N 112 of the SW 1/4 and except the W 810 feet of the S 235 8 /10 feet of the S 1/2 of the NW 1/4 and except the W 870 feet of the S 112 of the NW 1/4 lying north of said S 235 8/10 feet the N 112 of the SW 1/4 and S 1/4 of the NW 1/4 all in Section 14, Township 29; Range 22 (Goodrich Park - Ramsey County). 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. That retention of this right of way would not serve a public purpose 2. The property owner to the south is unnecessarily restricted from improving the north thirty feet of his property due to a front yard setback requirement from this right of way. Commissioner Hejny seconded. Ayes - Commissioners Barrett, Ellefson, Fischer, Hejny, Larson, Sigmundik, Sletten, Whitcomb." d. Mr. Huppert, 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 followinq resolution and moved its adoption: :� o WHEREAS, Gregory Huppert initiated proceedings to vacate the public interest in the following described real property: That part of Ripley Avenue right of way lying north of lot one, block two, Stanich Highlands WHEREAS, the procedural history of this vacation is as follows: 1. This vacation was initiated by Gregory Huppert on August 3, 1984; 2. A majority of the owners of property abutting said street right of way - 5 - 8/27 have signed a petition for this vacation; 3. This vacation was reviewed by the Planning Commission on August 20, 1984. The Planning Commission recommended to the City Council that this vacation be approved. 4. The City Council held a public hearing on August 27, 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 street right of way, public inter- est in the property will accrue to the following described abutting properties: 1. Lot 1, Block 2, Stanich Highlands. 2. Subject to streets and avenues and easements and right of way and except part of the N 1/2 of the SW 1/4 southeasterly of N. St. Paul Road and southwesterly of Hazel Street and except the W 810 feet of the N 112 of the SW 1/4 and except the W 810 feet of the S 235 8/10 feet of the S 112 of the NW 1/4 and except the W 870 feet of the S 1/2 of the NW 1/4 lying north of said S 235 8/10 feet the N 112 of the SW 1/4 and S 1/2 of the NW 1/4 all in Section 14, Township 29, Range 22 (Goodrich Park - Ramsey County). 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 follow- ing findings of fact: 1. That retention of this right of way would not serve a public purpose. 2. The property owner to the south is unnecessarily restricted from improving the north thirty feet of his property due to a front yard setback requirement from this right of way. Seconded by Councilmember Bastian. Ayes - all. 4. 7:30 P.M. Variance: County Road C (Goff) a. Mayor Greavu convened the meeting for a public hearing regarding the request of Patrick Goff for an area variance for a single dwelling lot at 1000 County Road C. b. Manager Evans presented the staff report. c. Director of Community Development Geoff Olson presented the following Planning Commission recommendation: "Commissioner Ellefson moved the Planning Commission recommend the City Council approve the following resolution: WHEREAS, Patrick Goff applied for a variance for the following described property: The E 247.5 feet of the N 888.8 feet of the W 1/2 of the NE 1/4 of the NW 1/4 of Section 9, Township 29, Range 22, except the N 145 feet of the W 147.5 feet thereof, subject to County Road C and subject to road easement over the south 105.5 ft of the East 30 feet thereof. - 6 - 8127 This property is also known as 1000 East County Road C, Maplewood WHEREAS, section 36 -566 (c) (2) (d) of the Maplewood Code of Ordinances requires a minimum average lot area of 15,000 square feet for this property: WHEREAS, the applicant is proposing 11,200 square feet, requiring a variance - of 3,800 square feet; WHEREAS, the procedural history of this variance is as follows: 1. This variance was applied for on August 13, 1984. 2. This variance was reviewed by the Maplewood Planning Commission on August 20, 1984. The Planning Commission recommended to the City Council that said var- iance be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD PLANNING COMMISSION that the above described variance be approved on the basis of the following findings of fact: 1. The applicant would suffer an undue hardship due to circumstances unique to this site. The only acceptable access to the undeveloped property to the south is from Cypress Street, prohibiting this lot from having the adequate depth to satisfy the 15,000 square foot minimum area. 2. The request would be consistent with the intent of the City Code. This lot, together with the proposed lots to the south, would exceed the required minimum average lot area requirement for the area. 3. It would be a public interest to approve this variance to avoid an undesir- able double frontage lot. Commissioner Sletten seconded. Ayes - Commissioners Barrett, Ellefson, Fischer, Hainy, Larson, Sigmundik, Sletten. Nays - Commissioner Whitcomb." d. Mr. Patrick Goff, 1278 E. County Road C, 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. Don A. Haut, 988 E. Co. Road C Mr. Don L. Haut, 999 E. County Road C 'a g. Mayor Greavu closed the public hearing. h. Councilmember Anderson moved to deny the area variance and the lot split for the single dwelling lot due to the fact that it oes not cause an undue hardshil5 and the problem was created by he owner. Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Wasiluk. Nays - Councilmember Maida. - 7 - 8127 5. 7:40 P.M. Zone Change - White Bear Avenue South of Lydia (4 votes) a. Mayor Greavu convened the meeting for a public hearing regarding the request of Edina Realty for a zone change from F - Farm Residence to LBC - Limited Business Commercial to construct a two story office building on the east side of White Bear Avenue south of Lydia Avenue. b. Manager Evans presented the staff report. c. Director of Community Development Geoff Olson presented the following Planning Commission recommendation: "Commissioner Whitcomb moved the Planning Commission recommend the City Council approve the following resolution: WHEREAS, Edina Realty, Inc. initiated a rezoning from F, farm residence to LBC, limited business commercial for the following described property: The southerly 150 by 430 feet of 2980 White Bear Avenue legally described as: that part of the SW 1/4 of the NW 1/4 Section 2, Township 29, Range 22: commencing at a point on the easterly right of way line of White Bear Avenue 731.5 feet north- erly of the southerly line of said SE 1/4 of the NW 1/4; thence easterly and parallel with said southerly line of a distance of 430 feet; thence northerly at right angles to said southerly line a distance of 150 feet; thence westerly on a line drawn parallel to said southerly line of the SE 1/4 of the NW 1/4 section 2, township 29, range 22, to its point of intersection with the easterly line of White Bear Avenue; thence southerly along said easterly right of way to a point of beginning; This property is also known as 2980 White Bear Avenue, Maplewood; WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by Edina Realty, Inc., pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commission on August 20, 1984. The Planning Commission recommended to the City Council that said re- zoning be approved. 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 fr.,om 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. - 8 - 8/27 Commissioner Hejny seconded. Ayes - Commissioners Barrett, Ellefson, Fischer, Hejny, Larson, Sigmundik, Sletten, Whitcomb." d. The applicants were not present. e. Councilmember Bastian moved to table this item. Seconded by Councilmember Wasiluk. Ayes - all. G. AWARD OF BIDS None. H. UNFINISHED BUSINESS 1. Reconsideration - Podawiltz a. Manager Evans stated Podawiltz Development Corporation requested reconsideration of the Council action to deny Homes and Graven as Bond Counsel for the Maple Ridge Development. b. Councilmember Maida moved to reconsider Council's previous action of denial. Seconded by Mayor Greavu. Ayes - Mayor Greavu; Councilmembers Maida and Wasiluk. Nays - Councilmembers Anderson and Bastian. I. NEW BUSINESS 1. Car Dealership in M -1 Zone - Mitsubishi a. Manager Evans presented the staff report. b. Mr. Jean Parranto, representing Hess Kline, the applicant, spoke on behalf of the proposal. c. Councilmember Anderson moved approval of the development of a Mitsubishi car dealership on the M -1, ligh t manu ac urine zoned property located nor wes o on cne Dasis 1. The proposal is compatible with the permitted uses within the M -1, light man - ufacutring district and, as such, would not interfere with the proper development of the district. 2. The proposal is compatible with the character and development of the area. 3. Council has approved three other new car dealerships within the immediate area. Approval does not include the site plan Community Design Review Board. Seconded by Councilmember Bastian The site plan must be approved by the Ayes - all. 2. Tax Exempt Mortgage Revenue Bond Financing - Multiple Family - .9 - 8/27 a. Councilmember Bastian moved to table this item until later on the Agenda to allow time for a HRA representative to attend a meeting. Seconded by Mayor Greavu. Ayes - all. 3. I.D.R.'s New Regulations a. Manager Evans presented the staff report. b. Mr. James Lacina, City Administrator for Woodbury, requested a joint powers agreement which would stipulate the conditions for Maplewood reserving a share of its allocation for use on a Woodbury project. c. Councilmember Wasiluk moved to submit a check for $52,619 to reserve the I.D.R. allocation for Maplewood and that further discussion will e held on oo ury s Seconded by Councilmember Anderson. Ayes - all. d. Councilmember Anderson moved that a budget transfer for the $52,619 be approved. Seconded by Councilmember Wasiluk. Ayes - all. K. COUNCIL PRESENTATIONS (continued) 4. Volunteer Firemen Policy a. Councilmember Anderson questioned if City employees, who are volunteer firemen, are released when on duty to answer fire calls. b. Staff stated they were released, but were expected to notify their foreman or person in charge before leaving work. S. Elevations a. Councilmember Anderson questioned how staff gets involved with elevations and how closely are they watched. b. Staff will review policy. I. NEW BUSINESS (continued) 2. Tax Exempt Mortgage Revenue Bond Financing - Multiple Family a. Manager Evans presented the staff report. b. Mrs. Lorraine Fischer, representing the H.R.A., explained this type of financing and how it could affect Maplewood. c. Mrs. Mary Ippel, Briggs and Morgan, Bond Counsel, also spoke on behalf of the proposal. d. Councilmember Bastian moved to adopt the following fees and criteria to approve tax - exempt mortgage revenue financing for multiple-dwelling developments: - 10 - 8/27 1. Findings required for Council approval: a. The development shall be consistent with the Comprehensive Plan. b. The development will not have a negative impact on the vacancy rates of existing multiple dwellings in the City. c. There is reasonable assurance that the development will be able to comply with the 20 percent low to moderate income requirement over the life of the bond issue. For items b and c, a certified written opinion from a qualified expert, accept- able to the City, shall be submitted with the application to document why a devel- opment will conform. 2. Fees a. An unrefundable $2,000 application fee shall be submitted with the applica- tion. b. A program participation fee shall be required. Council shall have the option of requiring an annual or lump sum fee as follows: 1) At bond closing, a lump sum fee shall be paid in the amount of one percent of the bond issue, not to exceed $20,000, less the application fee, subject to federal arbitrage restrictions. 2) An annual fee payable on each anniversary of the bond issue not less than 1/8 of one percent of the unpaid balance. One- quarter of one percent of the bond issue shall be paid at bond closing, subject to federal arbitrage restrictions. 3. The bond indenture agreement shall require: a. The developer to annually certify on each anniversary to the City, compliance with the federal low -to- moderate income requirement. (The frequency of certifi- cation shall be determined on a case -by -case basis.) b. The program trustee as approved by the City Council shall inform the City of any noncompliance trends. Seconded by Councilmember Wasiluk. Ayes - all. L. ADMINISTRATIVE PRESENTATIONS 1. Police Vacancies a. Manager Evans requested the Council waive the moratorium on hiring and fill the vacant positions of three sworn police officers and one police clerk- typist. b. Mayor Greavu moved to waive the moratorium and fill the vacant the Police Department as recommended y the Manaqer. Seconded by Councilmember Wasilak. Ayes - all. - 11 - 8/27 itions in J. VISITOR PRESENTATIONS None. I. NEW BUSINESS (continued) 4. City Hall a. Manager Evans presented the staff report. b. Councilmember Bastian moved to table this item until September 10, 1984 meetin and that Council meet on September 7, 1984 at A.M. to further iscuss e new building. Seconded by Councilmember Maida. Ayes - all. M. ADJOURNMENT 9:33 P.M. C-ity Clerk - 12 - 8/27