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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) i 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. 2/25 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: - 2 - 2/25 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 8 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. - 3 - 2/25 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. - 4 - 2/25 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. - 5 - 2/25 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. - 6 - 2/25 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. - 7 - 2/25 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. - 8- 2/25 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 - 9 - 2/25