HomeMy WebLinkAbout02.25.85 - MINUTES OF MAPLEL400D CITY COUNCIL
7:00 P.M., Monday, February 25, 1985
Council Chambers, Municipal Building
Meeting No. 85-04
- 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.
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 Absent
- C. APPROVAL OF MINUTES
None.
_ D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the Agenda as amended.
1. Recycling Task Force
2. Junction Street
3. Settlement: Carbone and Elia-
4. Resolution - Gambling _
Seconded by Councilmember Anderson. Ayes - all.
E. CONSENT AGENDA
Councilmember Anderson moved, seconded by Councilmember Maida, Ayes - all, to approve
the Consent Agenda, Items 1 through 3 as recommended.
1. Accounts Payable.
Approved the accounts (Part 2 - Fees, Services, Expenses, Check register dated
02-13-85 through 02-14-85)in the amount of $289,128.31 as recommended.
2. Carry-Over of 1984 Appropriations.
3. Transfer From Contingency.. Fund (Sewer Bills)
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Approved the transfer of $4,400.00 from the Contingency Account to the Sewer
Bill Administration Account to cover the cost of postage, envelopes and return
envelopes.
PUBLIC HEARINGS
Mayor Greavu stated that since there are only three members of the Council present,
Items that require four votes to pass will be heard but tabler~ until the meeting of
March 11, 1985.
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1. 7:00 P.M. Plan Amendment and Rezoning Larpenteur and McKnight (4 Votes)
- a. Mayor Greavu convened the meeting for a public hearing regarding the proposed
plan amendment from SC Service Commercial to LSC Limited Service Commercial and
proposed rezoning the 7-11 Superette site from BC Business Commercial to NC
Neighborhood Commercial.
b. Director of Community Development Geoff Olson presented the Staff report
and the Planning Commission report.
c. Mr. Jim Weyer, owner of the 7-11 Superette Center, spoke in favor of the
proposal.
d.. Mayor Greavu moved to table this hearing untilMarch 11, 1985.
Seconded by Councilmember Maida. Ayes - all.
2. 7:10 P.M. Plan Amendment - Rezoning 1915 - 1925 Arcade.
a. Mayor Greavu convened the meeting for a public hearing regarding the proposal
for a plan amendment for the northwest corner of Roselawn Avenue and Highway 61
from RL Low Density to LSC Limited Service Commercial and-proposal to rezone the
northwest corner of Roselawn Avenue and Highway 61 from BC Business Commercial to
NC Neighborhood Commercial and proposal to rezone the Bellwood Apartments from
BC Business Commercial to R-3 Multiple Dwelling Residential.
b. Director of Community Development Geoff Olson presented the Staff report and
- the Planning Commission report.
c. P4ayor Greavu asked if anyone wished to be heard for or against the proposal.
The following expressed their opinions:
David Vogt, Jr., 800 E. Roselawn
Camille Heininger, 796 Bellwood
d. Mayor Greavu moved to table the hearing until the meeting of March 11, 1985.
Seconded by Councilmember Anderson. Ayes - all..
3. 7:20 P.M. Plan Amendment and Rezoning County Road C - Hazelwood and Gervais (4 Votes)
a. Mayor Greavu convened the meeting for a public hearing regarding the proposed
plan amendment and rezoning of the area of County Road C., Hazelwood, Gervais
Avenue and the tracks..
b. Director of Community Development Geoff Olson presented the Staff report and
',;i the Planning Commission repot.
c. A petition opposing the proposal was presented.
d. Mayor Greavu called for persons who wished to be heard for or against the
proposal The following voiced their opinions:
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Mark Terry, 1478 Gervais
Mike Bruno, representing the Wilson family, 2471 Barclay
_ Tim Wilson, representing his parents, 2471 Barclay (He stated he and his
parent's have withdrawn their names from the petition).
Doug Frid, 2467 Hazelwood
Tim Montgomery, 1616 E. Sextant
;i Phil Oswald, 2767 English
George Rossbach
John Luger, 2451 Germain
Bruce Schmidt, Architect for Freeman Family
Mike Fecht, 2608 Hazelwood
Earl Freeman,. owner of property in the area
- Vicki Scanlon, 2425 Hazelwood -
Bob Schmidt, 1439 E. Burke, Council President for Holy Redeemer. Church
Jim Sanders, 2425 Hazelwood
e. Mayor Greavu moved to table this item until April 8, 1985.
Seconded by Councilmember Anderson. - Ayes - all.
f. Council established ameeting with the Planning Commission and City Attorney
to discuss the proposed Plan Amendment and rezoning of the County Road C area.
4. 7:30 P.M. - Code Amendment - NC District (1st Reading)
a. Mayor Greavu convened the meeting for a public hearing regarding first
reading of an ordinance to amend the NC Neighborhood Commercial District to
give the City Council the option to approve certain uses by a conditional use
permit that are similar to permitted uses. The amendment would also allow
printing shops and video rentals.
b. Director of Community Services Geoff Olson presented the Staff report.
c. Mayor Greavu called for proponents. None were heard.
d. Mayor Greavu called for opponents. None were heard.
- e. Mayor Greavu closed the public hearing.
- f. Mayor Greavu movedfirst reading of an ordinance amending the NC Neighborhood
- Commercial District ordinance as recommended.
Seconded by Councilmember Maida. Ayes - all.
5. 7:;40 P.M., Variance 1850 Radatz
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a. Mayor Greavu convened the meeting for a public hearing requested by Ronald
Whyte for approval of a five-foot lot width variance to create a seventy foot
wide single dwelling lot and create two lots at 1850 Radatz Avenue.
b. Director of Community Development Geoff Olson presented the Staff report
and the Planning Commission report.
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c. Ronald Whyte, the applicant, spoke on behalf of the proposal.
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 introduced the following resolution and moved its adoption:
85 - 2 - 26
WHEREAS, Ronald Whyte applied for a variance for thefollowing-described
property:
The East 150 feet of the West965feet of the North 200 feet of
the Southwest Quarter (SW 1/4), South of Radatz Avenue in Section
2, Township 29, Range 22.
This property is also known as 1850 Radatz Avenue, Maplewood;
WHEREAS, section 30-5 (f) (1) and 36-69 of the MaplewoodCode of Ordinances
require. interior single dwelling lots to be at least 75 feet wide;
WHEREAS, the applicant is proposing 70 feet of width, requiring a variance
of five feet;
WHEREAS, the procedural history of this variance is as follows:
1. This variance was applied for on Devember 31, 1984.
2. This .variance was reviewed by the Maplewood Planning Commission of Feb-
ruary 4,. 1985. .The Flanning Commission recommended to the City Council
that said variance be approved.
3. The Maplewood City Council held a public hearing on February 25, 1985,
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 Plan-
ning Commission.
_ NOW, THEREFORE, BE-IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above-
described variance be approved on the basis of the following findings of fact:
1. Denial would cause an undue hardship to the property not created by
?j the landowner.
2. The resulting lots would be in keeping with the spirit and intent of
the zoning code.
Seconded by Councilmember Maida. Ayes - all.
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AWARD OF BIDS
None.
H. UNFINISHED.BUSINE55
1. Municipal State Variances (McKnight Road)
a. Councilmember Anderson moved to table this item until the Meeting of
March 11, 1985.
Seconded by Mayor Greavu. Ayes - all.
I. NEW BUSINESS
1. Travel and Training Policy
a. Mayor Greavu moved to revise the Travel and Training Policy to pay full
costs of out of State travel for commissioners. -
Secondedby Councilmember Anderson.
2. H.R.A. Appointment
a. Councilmember Maida moved to reappoint Thomas Connelly to a five-year term
on the H.R.A.
Seconded by Mayor Greavu. Ayes - all.
J. VISITOR PRESENTATION
1. Mr. Larry Holmberg _
a. LarryHolmberg, Ramsey County Parks Department, requested Council cancel the
Park Availability Charge for the new Ramsey County Recreation Building.
b. Councilmember Maida moved to cancel the P. A. C. Charge for the Ramsey County
Parks Building.
Seconded by Mayor Greavu. Ayes - all.
K. COUNCIL PRESENTATIONS
1. Recycling
a. Councilmember Maida questioned the progress of the recycling issue.
iJ a
b. Director of Community Services stated there will be someone regarding recy-
cling at the next Council meeting.
2. Junction Street
a. Councilmember Anderson stated Mr. Otto on Junction Street is still ex-
periencing severe problems with drainage.
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ADMINISTRATIVE PRESENTATIONS
1. Settlement Carbone and Elia:
a. City.Attorney.Bannigan explained the settlement reached regarding the Cope
Avenue assessments for Carbone and Eli a.
b. Mayor Greavu introduced the following resolution and moved its adoption:
85 - 2 - 27
- WHEREAS, that Parcels No. 1 and 2 are owned in fee simple by owners
above .named and are described as follows, to wit:
Parcel 57 19000 291 13
Parcel 57 19000 020 18
WHEREAS, that owners pursuant to the provisions of Minnesota .Statutes,
Sections 429.061 and 429.081 have taken timely appeals from that special assess-
ment for local public improvement Project 79-1 for street, curband gutter, a
sanitary sewer main and service, water main and service, and storm sewer;
WHEREAS, City levied a special assessment for local public improvement
Project No. 79-1 and so far as the. same pertains to said Parcelsl and 2 in
the amount of $77,243..52 on July 30, 1981;
WHEREAS, the parties hereto, through the undersigned, their respective
attorneys or record., desire to compromise and settle these pending pro-
ceedings.
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
1. That as to Parcel 57 19000 291 13, the assessments levied by the City
Council on July 30, 1981, were as follows:
a. For sanitary sewer mains at $12.65 per front foot or 673.95
front feet equals $8,525.47.
- b. For two sanitary sewer services at $626.13 per service equals
$1,252.26.
c. ,For water main at $33.16 per front foot for 673.95 front feet
equals $22,348.18.
d. For three water services at $824.89 per service equals $2,474.67.
b
e. For three 1 1/2-inch water services at $119.13 per service equals
$357.39.
f. For non-residential storm sewer at $.09 per square foot over
98,245 square feet equals $8,842.05.
g. For street, curb and gutter at $47.62 per front foot over
673.95 front feet equals $32,093.50.
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for a total special assessment against 57 19000 291 13 of $75,893.52.
2. That as to Parcel 57 29000 020 1S, the special assessment levied by the
City Council on July 30, 1981, was as follows:
a. For non-residential storm sewer at $.09 per square foot over
15,000 square feet equals $1,350.00.
for a total special assessment of $1,350.00.
3. That the gross assessment of $77,243.52 levied against Parcels 1 and
2 shall be reduced to $24,356.10 apportioned as follows, et-wit:
a. Cancel assessment of $32,093.50 D.P. No. 5174 for Parcel
57 19000 291 13
Cancel assessment of $1,350.00 D.P. No. 5251 for Parcel
57 19000 020 18
Reduce assessment of $43,800.02 for D.P. 5251 by $19,443.92 and
place $13,611.31 on Parcel 57 19000 291 13 and
$.10,744.79 on Parcel 57 19000 020 18.
4. That the effective date of the reduction shall be July 30, 1981, and
that the payment of the first installment of the reduced assessment
including principal and interest running from July 30., 1981, shall
- not be payable until the calendar Year 1985 and thereafter until the
entire principalbalance due thereunder, together with interest as
- originally determined, shall. be paid over 20 years.
5. That the owners, through the undersigned, their attorney, hereby
waive any andall right of fur-ther notice and appeal as provided for
in Minnesota Statutes, Chapter 429, as amended.
6. That the above proposed reduced special assessment is accepted by
the City, through the undersigned, its attorney, and shall constitute
- the special assessment for local public improvements against said
Parcels l and 2 that said Parcels 1 and 2 are hereby found to bene-
fit by said local public improvement in the amount of the reduced
assessment levied therefore.
7. That the terms and provisions of Maplewood City Council resolutions
adopting the original assessment role in so far as they are not
otherwise inconsistent herewith, are incorporated. herein by reference.
".a 8. That the Maplewood City Clerk shall, upon appropriate City Council
action, forthwith transmit a certified duplicate of the reduced
assessment as determined hereunder to the Ramsey County Auditor
to be extended on the property tax list of said County and said
assessments shall be collected and paid over in the same manner
as other municipal taxes save and except that the owners shall not be
. liable for penalties and interest on penalties through and including
the date hereof.
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9. The above-entitled action-having been hereby "fully;%c6m-
promised and settled, it is stipulated and agreed that the same
- may be, and hereby is, dismissed on its merits with prejudice and
the Clerk of the above-named District Court, upon filing of this
_ Stipulation, is hereby authorized and directedto dismiss said
action of record.
IN WITNESS WHEREOF, the parties hereto, through the undersigned, their
respective attorneys, have set their hands all asof the day and year first
above written.
ANGELO CARBONE ANDJUNE E. CITY OF MAPLEWOOD
CARBONS, husband and wife RAMSEY COUNTY, MINNESOTA
and GENE ELIA, a single person
By Daniel B. O'Leary /s/ By John F. Bannigan, Jr. /s/
Daniel B. O'Leary John F. Bannigan, Jr.
Attorney at Law Maplewood City Attorneys
Suite 300 409 Midwest FederalBUilding
Minnesota State Bank Building 50 East 5th Street
200 South Robert Street St. Paul, Minnesota 55101
St. Paul, Minnesota 55107 .Phone: (612) 224.3781
Phone: (612) 222-2731.
Seconded by Councilmember Maida. Ayes - all.
2. Resolution - Gambling
a. Councilmember Anderson introduced the following resolution and moved its
adoption: -
85 - 2 - 28
WITNESSETH:
WHEREAS, the National Multiple Sclerosis Society, Minnesota North Star
Chapter has applied for a gambling license for gambling to be conducted at
2280 Maplewood Drive, City of Maplewood, presently known as The Hook and
Ladder, a licensed on-sale liquor establishment.
WHEREAS, Section 15-47 of the Maplewood Code provides that any organiza-
tion otherewise qualified applying for a license "shall have been in existence
in the City for at least three (3). years and shall have at least thirty (30)
members."
WHEREAS, Section 15-48 of the Maplewood Code requires the premises shall
be either owned or under lease for a term of at least six (6) months by the
applicant and said premises shall be the reqular meeting place of such organi-
zation.
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WHEREAS, it appears that the aforesaid premises is not the regular meeting
place of the organization nor has the organization been in existence in Maple-
wood for a period of three (3) years nor does the organization own the premises
or have a lease for a term of at least six (6)months as required by the ordi-
nances.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD, that it finds that
said National Multiple Sclerosis Society, Minnesota North Star Chapter and its
application for a gambling license does not meet the requirements of the Maple-
wood Code and is therefore denied.
Seconded by Councilmember Anderson. Ayes - all.
M. ADJOURNMENT
9:15 P.M.
City Clerk
3
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