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HomeMy WebLinkAbout05.09.88 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, May 9, 1988 Council Chambers, Municipal Building Meeting No. 88-9 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 7:02 P.M., by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Absent Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes No. 87-28 (December 28, 1987) Councilmember Bastian moved to approve the Minutes of Meeting No. 87-28 (December 28, 1987) as submitted. Seconded by Councilmember Juker. Ayes - Councilmembers Bastian and Juker. Mayor Greavu and Councilmember Rossbach abstained. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Contractor's Responsibility 2. Library 3. Little Canada Water 4. John Glenn School 5. Footprint Lake 6. Add Item E-a - Harry Zacho Seconded by Councilmember Juker. Ayes - all. E. CONSENT AGENDA Council removed Item E-8 from the Agenda until Councilmember Anderson returns. Mayor Greavu moved, seconded by Councilmember Juker, Ayes - all, to approve the Consent Agenda, Items E-1 through 7. 1. Accounts Payable Approved the Accounts Part 1 - Fees, Services, Expenses dated OS-03-88 ($47,294.54; Payroll pay period ending 4-22-88 - $184,188.65) as submitted. 5/9 2, Time Extension: 2614 Brookview Drive (Nelson) Approved a time extension to Labor Day to complete the siding at 2614 Brookview Drive. 3. H.R,A. Annual Report Accepted the H.R.A. Annual Report for March, 1987, through February, 1988. 4. Final Plat: Markfort Addition Approved the Markfort Addition Final Plat. 5. Time Extension: Southwinds of Maplewood Second Addition Approved a one-year time extension for the Southwinds of Maplewood Second Addition preliminary plat. 6. Resolution of Appreciation Resolution No. 88 - 5 - 67 WHEREAS, George Rossbach has been a member of the Planning Commission of Maplewood, Minnesota, since November 24, 1986, and has served faithfully in that capacity to January 11, 1988; and WHEREAS, the Planning Commission has appreciated his experience, insights and good judgment; and WHEREAS, he has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership, time and effort for the benefit of the City. NOW, THEREFORE, BE IT HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens, that George Rossbach is hereby ex- tended our heartfelt gratitude and appreciation for his dedicated service and we wish him continued success in the future. 7. Manager/Finance Secretary Pay Rate Approved the recommendation that the non-union secretary be granted the same pay rate as union (A.F.S.C.M.E.) secretaries. E-A PRESENTATIONS 1. Patrick M. Vaughan a. Mr. Vaughan described the traffic problems on Phalen Place between Frost and Ripley Streets. - 2 - 5/9 b. Councilmember Rossbach moved to refer the matter to Staff for investiga- tion and possible solutions. Seconded by Councilmember Juker. Ayes - all. c. Councilmember Bastian referred the question of the legality of lowering the speed limit on Phalen Place and report back on May 16, 1988. Seconded by Councilmember Juker. Ayes - all. 2. Dan Parker, Welsh Companies, Inc. a. Mr. Parker prefers the address for the Hillside Center be 1680 McKnight Road instead of addressed off of Larpenteur. b. Staff recommended Larpenteur because the Center faces that street and ` has access to Larpenteur. c. Mayor Greavu moved to assign 1690 McKnight Road to the Hillside Center. Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers Bastian and Rossbach Nay - Councilmember Juker 3. Harry Zacho a. Mr. Gene Zacho, representing his father, Harry Zacho, explained the many problems his father has experienced because of the City of Maplewood. b. Councilmember Bastian moved to table this item"for normal processing. Seconded by Councilmember Juker. Ayes - all. F. PUBLIC HEARING 1. 7:30 P.M., Conditional. Use Permit: 1225 Frost (George's Auto Body) a. Mayor Greavu convened the meeting for a public hearing regarding the request of George Hirsch for a conditional use permit to erect a 40 by 40 foot metal building in a BC (business commercial) district. b. Manager McGuire presented the Staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Commissioner Frank Dempsey presented the Planning Commission recommenda- tion. e. Roxanne Hirsch, representing her father, George Hirsch, the applicant, spoke on behalf of the proposal. - 3 - 5/9 f. Mayor Greavu called for proponents. None were heard. g. Mayor Greavu called for opponents. A letter of opposition was entered into the record from Michael Herron, 1106 Ryan Avenue. h. Mayor Greavu closed the public hearing. i. Councilmember Bastian introduced the following resolution and moved its adoption• 88-5-68 WHEREAS, George Hirsch initiated a conditional use permit to construct a metal storage building at the following-described property: Vac Alley accruing & fol; Ex E 103.57 ft; Lots 1 thru 5 & Ex E 103.57 ft; the S 10 ft of Lot 6, the S 10 ft of E 8.57 ft of Lot 14 & Part of Vac Alley Adj to Lot 15 & the E 8.57 ft of Lots 16 thru Lot 19, Blk 3, Lincoln Park (Plat 03174); This property is also known as 1225 Frost Avenue, Maplewood; WHEREAS, the procedural history 4€ this conditional use permit is as follows: 1. This conditional use permit was reviewed by the Maplewood Planning Commission on April 18, 1988. The Planning Commission recommended to the City Council that said permit be approved. 2. The Maplewood City Council held a public hearing on May 9, 1988. 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. 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 detri- mental 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 zonitv,~,n 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, - 4 - S/9 vibration., general unsightliness, electrical interference 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 proper- ties. 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. 11. The building would be substantially screened, as defined in Section 36-27, as viewed from streets or residentially zoned land. 12. The building would not be of lesser quality than surrounding development. Approval is subject to the following conditions: 1. Adherence to the site plan, dated April 12, 1988, unless a change is approved by the City. 2. The property owner shall not be allowed exterior storage of junked vehicles, parts, debris or refuse. 3. Compliance with the screening ordinance, Section 36-27. Seconded by Councilmember Juker. Ayes - all. 2. 7:40 P.M., Frost Avenue (McDonald) a. Alley Vacation b. Lot Width and Area Variance 1. Mayor Greavu convened the meeting for a public 13~aring regarding the request of Theresa McDonald (Administrator and Niece of one of the owners, Clara Nelson) to vacate the undeveloped alley right of way and approval of lot width and area variance to sell a 51.7 x 107 foot lot for a homesite. 2. Manager McGuire presented the Staff report. - 5 - 5/9 3. Director of Community Development Olson presented the Staff report. 4. Terry McDonald, the applicant, spoke on behalf of the request. 5. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following expressed their views: Don Kopelke, 1950 Dieter Street Resident, 1920 Barclay Street Claudia DuBord, 1937 Dieter 6. Mayor Greavu closed the public hearing. 7. Mayor Greavu introduced the following resolution and moved its adoption• 88-5-69 WHEREAS, Theresa McDonald initiated proceedings to vacate the public interest in the alley right of way: Located in Block 31, Gladstone Plat 2 lying north of the easterly extension of the south line of Lot 15, north to the easterly extension of a line parallel to and ten feet south of the north of Lot 13. WHEREAS, the procedural history of this vacation is as follows: 1. A majority of the owners of property abutting said alley right- of-way have signed a petition for this vacation. 2. This vacation was reviewed by the Planning Commission on April 18, 1988. The Planning Commission recommended to the City Council that this vacation be approved. 3. The City Council held a public hearing on May 9, 1985, 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 con- sidered reports and recommendations of the City Staff and Planning Commission. WHEREAS, upon vacation of the above-described alley right-of-way, public interest in the property will accrue to the following-described abutting properties: Lots 13, 14, and 15, Block 31, Gladstone Plat 2 and Lot 3, Johnson Subdivision of Lots 16, 17 and 18, Block 31, Gladstone Plat 2, Ramsey County (Plat 03155); 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: - 6 - 5/9 1. The alley does not, and is not, proposed to serve a public purpose other than as a corridor for overhead utilities and a storm sewer. 2. The right of way is being used as a rear yard area by adjacent land owners. i 3. It is in the public interest to vacate the subject alley right of way and return the property to the tax rolls. ~ This vacation is subject to the retention of a utility easement over the entire 20 feet of width of right of way to be vacated. i Seconded by Councilmember Juker. Ayes - all 8. Mayor Greavu introduced the following resolution and moved its adoption• 88-5-70 WHEREAS, the City of Maplewood initiated proceedings to vacate the public interest in the following described property: 1. Alley right of way adjoining the north property lines of Lots 1 - 3, Johnson's Subdivision of Lots 16, 17 and 18, Block 31, Gladstone Plat 2, Ramsey County. (Plat 03155) 2. Alley right-of-way located in Block 31, Gladstone Plat 2, lying between the easterly extension of the north line of Lot One and the easterly extension of a line parallel with and ten feet south of the north line of Lot 13. WHEREAS, the procedural history of this vacation is as follows: 1. This vacation was reviewed by the Planning Commission on April 18, 1988. The Planning Commission recommended to the City Council that this vacation be approved. 2. The City Council held a public hearing on May 9, 1988, 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 recommen- dations of the City Staff and Planning Commission. WHEREAS, upon vacation of the above-described alley right of way, public interest in the property will accrue to the following-described abutting properties: 1. The east/west right of way along the north line of Lots 1 - 3, Johnson's Subdivision: to said lots. 2. The north/south right of way in Block 31: to Lots 1 - 13 and Lots 19 - 30. - 7 - 5/9 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. The alley does not, and is not, proposed to serve a public purpose other than as a corridor for overhead utilities and a storm sewer. 2. The right of way is being used as a rear yard area by adjacent land owners. 3. It is in the public interest to vacate the subject alley right of way and return the property to the tax rolls. This vacation is subject to the retention of: 1. A utility easement over the entire ten feet of width for the right of way to be vacated north of Lots 1 - 3, Johnson's Subdivision. 2. A 20-foot-wide utility easement from a line parallel to and ten feet south of the easterly extension of the north line of Lot 13, Block 31, north to the easterly extension of the north line of Lot 9, Block 31, Gladstone Plat 2. 3. A 15-foot-wide utility easement over the easterly portion of the alley right-of-way, lying south of the easterly extension of the north line of Lot One, south to the easterly extension of the north line of Lot 9, Block 31, Gladstone Plat 2. Seconded by Councilmember Juker. Ayes - all. 9. Councilmember Juker moved to deny the area and lot width variance, requested by Theresa McDonald, as recommended by_Staff and the Planning Commission. .Seconded by Councilmember Bastian. Ayes - all. 3. 7:50 P.M., Conditional Use Permits: Gervais (Mn. Dot.) a. Feasibility Study 1. Mayor Greavu convened the meeting for a public hearing regarding the request of the Minnesota Department of Transportation for a condi- tional use permit to construct and operate a laboratory and research facility on Highway 36 west of Barclay Street. 2. Manager McGuire presented the Staff report. 3. Director of Community Development Olson presented the specifics of the proposal. - 8 - 5/9 4. Director of Public Works Haider presented the Staff report regarding ordering the improvement of Gervais Avenue. 5. Commissioner Dempsey presented the Planning Commission recommenda- tion. 6. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following voiced their opinions: Dick Sullivan, Mn. D.O.T. Ron Lagerquist, Architect for Mn. D.O.T. Robert Hartshorn, 1470 Gervais LeRoy Tuil, 2352 Barclay Mark Henry 7. Mayor Greavu closed the public hearing. 8. Mayor Greavu introduced the following resolution and moved its adoption• 88-5-71 WHEREAS, the Minnesota Department of Transportation initiated a conditional use permit to construct a laboratory and research center on the following-described properties in Section 10, T. 29, R. 22: I 1. Subject to street the W 365 ft of the E 39 acres of N 1/2 of SW 1/4 lying N of STH 36-118; and 2. Ex Northern Pacific Ry R/W & Ex E 39 acres; part of N 1/2 of SW 1/4 lying N of N L of Hwy 36 & lyiDg Ely of a L run NEly from intersection of E L or W 19 acres & N of Sd Hwy 36 to a . point 260 feet S of N L of Sd SW 1/4 & 140 ft E of E L of sd W 19 acres Th E Par with N L of Sd SW 1/4 to Wly L of Sd N P Ry R/W Th NEly to N L of Sd SW 1/4. WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was reviewed by the Maplewood Planning Commission on February 29, 1988. The Planning Com- mission recommended to the City Council that said permit be approved. 2. The Maplewood City Council held a public hearing on May 9, 1988. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an oppor- tunny to be heard and present written statements. The Council also considered reports and recommendations of the City Staff and Planning Commission. 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: - 9 - 5/9 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. i _ 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 interference 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 proper- ties. 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. Adherence to the site plan, date-stamped 1988, unless a change is approved by the City's Community Design Review Board. 2. A building permit shall not be issued until the City has signed a contract for the construction of Gervais Avenue. 3. There shall be no odors or noises from this site that are detectable at the east property line other than those normally associated with the ingress and egress of trucks and cars. Seconded by Councilmember Juker. Ayes - all. 9. Councilmember Bastian introduced the following resolution and moved its adoption: - 10 - 5/9 88-5-72 WHEREAS, it is proposed to construct roadway and utility improve- ments on Gervais Avenue from English Street to Kennard Street and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the ro osed im rovement is f i eas ble and as to whether P P P it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recom- mended. Seconded by Councilmember Rossbach. Ayes - all. G. AWARD OF BIDS None. H. UNFINISHED BUSINESS 1. Code Amendment: High Water Speed Limit a. Manager McGuire presented the Staff report. b. Councilmember Bastian moved first reading of an ordinance to establish high water speed limitations for Lake ~:6`ervais. Seconded by Mayor Greavu. Ayes - all. I. NEW BUSINESS 1. General Discussion: Emergency Preparedness/Deputy Director a. Manager McGuire presented the Staff report. b. Mayor Greavu moved to table until the Mav 23 1988 Meeting. Seconded by Councilmember Juker. Ayes - all. 2. Code Amendment: Small Lot Single Dwellings a. Manager McGuire presented the Staff report. b. Councilmember Bastian moved first reading of an ordinance requiring Staff approval for small lot single dwellings Seconded by Councilmember Rossbach. Ayes - all. - 11 - 5/9 3. Request: .North Maplewood Lions and Lioness a. Mayor Greavu moved to table until the May 23, 1988 Meeting. b. Seconded by Councilmember Juker. Ayes - all. 4. Cope Avenue: Order Public Hearing a. Manager McGuire presented the Staff report. b. Mayor Greavu moved to order the public hearing for Cope Avenue. Seconded by Councilmember Juker. Ayes - Mayor Greavu Nays - Councilmembers Bastian, Juker and Rossbach Motion failed. c. Councilmember Rossbach moved to direct Staff to prepare a more detailed feasibility study. Seconded by Councilmember Juker. Ayes - Councilmembers Juker and Rossbach Nays - Mayor Greavu, Councilmember Bastian. Motion failed. 5. Ariel Street: Castle to Cope - Order Feasibility Study a. Manager McGuire presented the Staff report. b. Councilmember Bastian moved to table until the Meeting of May 23, 1988. Seconded by Councilmember Juker. Ayes - all. 6. Tax Forfeit Property a. Manager McGuire presented the Staff report. b. Councilmember Bastian introduced the following resolution and moved its adoption• 88-5-73 WHEREAS, the following parcels of land have been offered to the City as tax forfeit property: P.I.N. 17-29-22-34-0048; 0049; 0050; 0051 17-29-22-12-0050 18-29-22-43-0024 15-29-22-21-0044 WHEREAS, the said parcels are identified as important to the future stormwater ponding needs of the City, - 12 - 5/9 NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD, MINNESOTA, CITY COUNCIL that these parcels be purchased from Ramsey County; BE IT FURTHER RESOLVED, that $1700 from the street construction State-Aid Fund be used to finance said purchase. Seconded by Councilmember Rossbach. Ayes - all. 7. Highway 36 and White Bear Avenue a. Manager McGuire presented the Staff report. b. Councilmember Rossbach moved to acdept the proposal from Mn. D.O.T, for the im rovements on Hi hwa 36 at White Bear Avenue includin the ro osal A g V Q P p to close the access to Ariel Street. Seconded by Mayor Greavu. Ayes - all. 8. 1987 Annual Financial Report and Audit Meeting to Review. a. Manager McGuire presented the Staff report. b. Councilmember Bastian moved to set a meeting date of May 23, 1988, at 6:30 P.M, to review the 1987 Annual Financial Report and Audit. Seconded by Councilmember Juker. Ayes - all. 9. City Manager Salary Adjustment a. Mayor Greavu moved to authorize a .035 increase for 1988 for the City Manager. Seconded by Councilmember Bastian.. Ayes.- all. J. VISITOR PRESENTATION None. K. COUNCIL PRESENTATIONS 1. Library a. Councilmember Rossbach discussed the proposals regarding the location of the Ramsey County Library Facilities. 2. John Glenn School a. Councilmember Juker discussed the drainage problems from the new construc- tion at John Glenn School. L. ADMINISTRATIVE PRESENTATIONS None. M. ADJOURNMENT 9:36 P.M. City Clerk - 13 - 5/9