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HomeMy WebLinkAbout11.06.85 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Wednesday, November 6, 1985 Council Chambers, Municipal Building Meeting 85-24 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 by Mayor Greavu at 7:40 P.M. Charlotte Wasiluk was sworn in and took her seat as a Councilmember to complete the two-year term vacated by the death of Councilmember Michael Wasiluk. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian Present MaryLee Maida Present Charlotte Wasiluk Present C. APPROVAL OF MINUTES None. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Kinderhaus - Cope Avenue 2. Storm Sewer - Radatz Avenue 3. Council Rules of Procedures - Amendment 4. H-2 Southlawn Drive _ 5. G-1 Maplewood In Motion Seconded by Councilmember Anderson. Ayes - all. E. CONSENT AGENDA Councilmember Anderson moved, seconded by Councilmember Wasiluk, Ayes - all, to approve the Consent Agenda, Items 1 and 2 as recommended: 1. Accounts Payable b Approved the Accounts (Part I,r Fees, Services, Expenses Check Register dated 0ctober28, 1985, through October 31, 1985 - $462,137.57 Part II - Payroll _ dated November Ol, 1985 - $124,547.17) in the amount of $586,684.74. 2. Investment Authorization Resolution No. 85 - 11 - 173 BE IT HEREBY RESOLVED that the individuals named below are authorized to open an account in the name of the City of Maplewood, Minnesota, with one or 11/06 more of the Franklin Group of Funds ("Funds") and to deposit such funds. in this account as they deem necessary, that the persons authorized below may endorse checks and other instruments for deposit in said account and that checks or drafts withdrawing said funds may be signed by any one of the persons authorized below. BE IT FURTHER RESOLVED, that the Funds, its Custodian Bank, Bank of America, Franklin Admistrative Services, Inc., and Franklin Distributors, Inc., shall be held harmless and fully protected in relying from time to time upon any certifications by the City Council as to the names of indivi- duals occupying such offices and in acting in reliance upon the foregoing resolutions until actual receipt by them of a certified copy of a resolu- tion of the City Council modifying or revoking any or all such resolutions. The undersigned further certifies that the following individuals occupy the offices designated: X Daniel F. Faust, Finance Director. Signature X Arline J. Hagen, City Treasurer Signature F. PUBLIC HEARINGS - 1. 7:10 P.M., P.U.D. and Variances Harmony School Site a. Mayor Greavu convened the meeting for a public hearing regarding the request of Smith Investment Properties for approval of a conditional use permit for a planned unit development (P.U.D.) of Commercial uses and mul- tiple dwelling, older adult housing and approval of variances for the total number of spaces required and waive the requirement for garages for the 52- unit residence. - b. Director of Community Development Olson presented the Staff report. c. Mr. Tony Danna, Attorney for Smith Investments, spoke on behalf of the proposal. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. The following were heard: '.i Mrs. Delores Ethier, 2187 .Flora Drive, White Bear Lake, owner of property at 2005 E. County Road C. f. Mayor Greavu closed the public hearing. g. Councilmember Anderson introduced the following resolution and moved its adoption: - 2 - 11/06 85 - 11 - 174 - WHEREAS, Smith Investment Properties initiated a conditional use permit for the Harmony School site planned unit development of older adult housing and commercial uses, including parking space variances, at the following- described property: Beginning at the intersection of White Bear Avenue and the south line of the SW 1/4; thence northerly on said centerline 420.55 feet; thence east parallel with said south line 311 feet; thence northerly parallel with said centerline 140 feet, thence due north 107.07 feet, thence east 391.55 feet to a point 658.95 feet north from said south line, thence to said south line at a point 200 feet west of southwest 1/4 corner; thence west to beginning, subject to roads in Section 2, Township 29, Range 22. This property is also known as the former Harmony School site, Maple- . wood; WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was initiated by Smith Investment Properties, pursuant to theMaplewood Code of Ordinances. 2. This conditional use permit was reviewed by the Maplewood Planning Commission on November 4, 1985. The Planning Commission recommended to the City Council that said permit be approved. 3. The Maplewood City Council held a public hearing on November 6, 1985. 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 con- sidered reports and recommendations of the City Staff and Planning Commission. WHEREAS, the variances requested insconjunction with this planned unit development are: 1. A parking space variance of 25 spaces. Section 36-22(a) (2) requires at least two parking spaces per dwelling unit or 104 spaces for the 52-unit residence - 70 spaces are proposed. 2. An enclosed parking space variance of 52 spaces. 3 Section 36-'22 (a) (2) requires at least one half of the required parking spaces for a multiple dwelling to be enclosed. No en- closed spaces are proposed for the 52-unit residence. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that a condi- tional use permit be granted for the Harmony School site planned unit develop- ment, including the following variances: - 3 - 11/06 1. Allow 79 parking spaces for the 52-unit seniors' residence, rather than the 104 required by code. 2. Allow 26 enclosed parking spaces rather than the 52 enclosed spaces required by the code. Approval of the conditional use permit and variances is subject to: 1. If Council determines that there is insufficient on-site parking for the 52-unit seniors' residence, within one year of 95~ oc- cupancy, additional parking may be required. 2. Maplewood and North 5t. Paul shall have continued use of the athletic facilities in the northeast portion of the site until that part of the site develops, provided the use of these faci- lities does not interfere with the applicant's use of the property. 3. The 52-unit seniors' residence shall not be converted to nonseniors' housing without revision of the planned. unit development. For pur- poses of this permit, seniors' housing is defined as a residence occupied by persons in their retirement years with a significant number of one-person households. 4. The auditorium attached to the 52-unit seniors' residence shall only be used by the residents of that building. Public assembly unrelated to senior use would be prohibited without a revision of this permit. 5. The commercial portion of the development shall be limited to the uses allowed in the BC (M), business commercial (modified) zoning district. 6. The eight parking spaces (marked "future") located south bf the driveway to the garage for the 64-unit structure shall be con- strutted. 7. The proposed 575 square foot units in the 52-unit residence (October 8, 1985 plans) shall be increased in area to at least 580 square feet of habitable floor area. 8. Move the 64-unit residence to the west to comply with the required minimum setback of 50 feet. 9. Adherence to the site plan dated October 8, 1985, except as required in these conditions, unless a change is approved by the Community De- sign Review Board. 'a Approval of the planned unit development is recommended 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. - 4 - 11/06 3. The`use would be located, desgned~ maintainedand operated to be compatible with thecharacterof that zoning district. 4. The use would notdepreciate property values. 5, The use would not be hazardous, detrimental or distrubing 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 interference or other nuisances. 6. Theuse would 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. Theuse would not create excessive additional requirements at public cost for public facilities and services; and would not be detrimental to thewelfare of theCity. 9. The use would preserve and incorporate the site's natural and scenic features into thedevelopment design. 10. Theuse would cause minimal adverse enviranmental effects. Approval of the parking space variances is recommended on the basis of the following findings of fact; 1, The parking space requirements contained in the zoning code do not realistically apply totheproposeddevelopment becausethese re- quirements are designedfor family housing and do not consider the - fewer numberof cars per unit needed for senior housing. 2. Thevarances would be consistent with the purposes of this chapter because thepwould not result in the-need to park vehicles off-site and because theywould be consistent with similar variances granted for the Hazel Ridge and Concordia Arms seniors" residences. No park- ing problemhas occurredat Concordia Arms. Hazel Ridge is scheduled forconstruction in theFall of 1985. 3, The planned unit development would produce a development of equal or superiorquality tothat which would result from strict adher- ence to theprovisions of this chapter. 4. The variances would not constitute a threat of a substantive nature 'a to the property value', safety, health or general welfare of the owners or occupants of adjacent or nearby land, not be detrimental to thehealth,safety, morals or generalwelfare of the people. 5,. The variances are required for reasonable and practicable physical development and are not requiredsolely on the-basis Of financial considerations. - 5 - 11/06 6. If a parking problem were to occur, adequate room exists on the site to provide additional parking spaces. Seconded by Councilmember Maida. Ayes - all. G. AWARD OF BIDS 1. Maplewood In Motion a. Acting Manager Haider presented the Staff report. b. Councilmember Bastian introduced the following resolution and moved its adoption: 85 - 11 - 175 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Sexton Printing in the amount of $7,185.60 per year is the lowest responsible bid for the publication of four issues of MAPLEWOOD IN MOTION and the proper City officials 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. Edward Street a. Mr. Chuck Quistad, 1754 Phalen Place, submitted the results of a questionaire he circulated to the residences on Edward Street regarding the speed bumps. The results are as follows: "Do you think the speed bumps: 1. are effective in significantly reducing the speed of cars in that area? Yes No No Opinion 10 26 2 2. should be removed? Yes No - No Opinion 25 9 3 a b. Mr. George Aston', 1732 Edward Street, presented his opinions. c. Councilmember Anderson introduced the following resolution and moved its adoption: SS - 11 - 176 BE IT RESOLVED BY THE MAPLEWOOD, MINNESOTA, CITY COUNCIL that the recently installed "speed bumps" and warning signs on Edward Street be removed. Seconded by Mayor Greavu. Ayes - all. - 6 - 11/06 2. Southlawn Drive a. Acting Manager Haider presented the Staff report. This matter was contin- ued from the October 28, 1985, meeting. b. The following persons presented their views regarding the construction of Southlawn Drive: Mr. Dave Seligren, representing Robert Hajicek. Mr. Tom Zacharias, representing.C.P.2., owners of the Maplewood Mall Mr. Albert Goins, 1741 E. County Road D Mr. Gene Wilson, representing Robert Hajicek Mr. Dick Dreher, representing the Joseph Co. _ c. Mayor Greavu closed the public hearing. d. Councilmember Maida introduced the following resolution and moved its adoption: 85 - 11 - 177 WHEREAS, the City of Maplewood initiated an amendment to the Maplewood Comprehensive Plan to designate the Southlawn Drive corridor, between Beam Avenue and County Road D, as a major collector street. WHEREAS, the procedural history of this plan amendment is as follows: 1. The Maplewood Planning Commission held a public hearing on October 21, 1985, to consider this plan amendment. 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 Planning Commission recom- mended to the City Council that said plan amendment be approved. 2. The Maplewood City Council considered said plan amendment on November 6, 1985. The Council considered reports and recommenda- tions from the Planning Commission and City Staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above-described plan amendment be approved on the basis that traffic studies have documented the need for Southlawn Drive as a collector between Beam Avenue and County Road D. Seconded by Councilmember Anderson. Ayes - all. e. Councilmember Anderson introduced the following resolution and moved its ''j adoption: 85 - 11 - 178 WHEREAS, after due notice of public hearing on the construction of street improvements on Southlawn Drive from Beam Avenue to County Road D ,a hearing on said improvement in accordance with the notice duly given was duly held on October 28, 1985, and the Council has heard all persons desiring to be heard on the matter and has fully considered the same; - 7 - 11/06 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is advisable, expedient, and necessary that the City of Maplewood construct street improvements on Phase I of South- lawn Drive from Beam Avenue toCounty Road D as described in the notice of hearing thereon, and orders the same to be made. 2. The City Engineer is designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making ofsaid improvement. Seconded by Councilmember Wasiluk. Ayes - all. f. Mayor Greavu introduced the following resolution and moved its adoption: 85 - 11 - 179 BE IT RESOLVED BY THE MAPLEWOOD, MINNESOTA, CITY COUNCIL that the Staff is directed to use the following financing concept in a general way bo imple- ment Project 85-17: The project would include a street as shown in the feasibility study and necessary utilities from Beam Avenue to County Road D. Right-of- way acquisition would be accomplished through agreement with the prop- erty owners. It is expected that some property acquired would be pur- chased. Proponents of the project would be expected to dedicate the required easements and right-of-way. Assessments would be the main source of financing for the project. The specific amount for each parcel would be based on benefit accruingto the property. The City would of course hold the assessment hearing and let the appeal period expire prior to awarding a construction contract or paying for right-of-way. The net effect of this plan is to lower the public subsidy for the project to $411,000. This amount would be financed by a combination of state aid and tax-increment funds. The concept proposed here is consistent with the City Council's usual approach to developing public streets. Southlawn represents only a fraction of the street mileage required to complete the system in this area. This concept may serve as an example for future financing pro- posals. ESTIMATED FINANCING SUMMARY !i d Const. R/W Total Assess MSAS T.I.F. Cost Cost Cost Funds Funds Furids $560,000 $287,000 $847,000 $436,000 $206,000 $205,000 Seconded by Councilmember Anderson. Ayes - all. - 8 - 11/06 -,,T. NEW BUSINESS - 1. Cope Avenue Feasibility Study a. Assistant City Engineer Chuck Ahl presented the feasibility study for the construction of Cope Avenue from Craig Street to Ariel Street that addresses horizontal and vertical alignment of Cope Avenue from Craig Street to White Bear Avenue. b. The following area residents spoke against the construction: Mrs. Joah Themmes, 1928 Castle Mrs. Marsha Haldren Mr. Pat Haldran c. Councilmember Anderson moved to deny the feasibility study. Seconded by Councilmember Bastian. Ayes - all. 2. Canvas of Election a. Acting Manager Haider presented the results of the November 5, 1985 Election. b. Councilmember Anderson introduced the following resolution and moved its adoption: - 85 - 11 - 180 RESOLVED THAT THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, acting as a canvassing board on November 6, 1985, hereby certifies the following results of the November 5, 1985, City General Election and the City Special General Election as follows: MAYOR Lester G. Axdahl 1236 John C. Greavu 1279 Everyman 1 Gary Bastian 1 Latimer 1 COUNCILMEMBER - 4 YEAR TERM Norman G. Anderson ~ 1672 Frances L. Juker 1246 MaryLee D4aida 1049 'a Paul Poliachik~~ 670 COUNCILMEMBER - 2 YEAR TERM Audrey M. Duellman 1003 Charlotte Wasiluk 1488 Fran Juker 1 H. Warren Schmidt 1 John E. MacDonald 1 Pamela Juker 1 - 9 - 11/06 Gerald Gold 1 c Albert Goins 1 Dennis Larson 1 Seconded by Councilmember Bastian. Ayes - all. J. VISITOR PRESENTATION None. K. COUNCIL PRESENTATIONS 1. Kinderhaus a. Councilmember Wasiluk received a call from theowner of Kinderhaus stating that, because of taxes and licensing costs, etc., he was forced out of business. b. Staff stated they were informed New Horizon had purchased Kinderhaus. 2. Storm Sewer - Radatz Avenue a. Councilmember Anderson stated the storm sewer located opposite the driveway to the Norman Plaza on Radatz Avenue was plugged. b. Staff to investigate. 3. Council Rules of Procedures a. Councilmember Bastian suggested an amendment to the Rules of Procedures. The amendment would rule out Council decisions being made outside of a Council meeting. b. Referred to Staff. L. ADMINISTRATIVE PRESENTATIONS None. M. ADJOURNMENT 11.25 P.M. '.i ~ City Clerk - 10 - 11/06