HomeMy WebLinkAbout1990 06-25 & 06-28 City Council PacketMINUTES OF MAPLEWOOD CITY COUNCIL
4:30 P.M., Thursday, May 31, 1990
Council Chambers, Municipal Building
Meeting No. 90 -11
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 4:35 P.M.,
by Mayor Anderson.
i:ii }ifsf
Norman O.Anderson, Mayor Present
Gary W.Bastian, Councilmember Present
Frances L.Juker, Councilmember Present
George F.Rossbach, Councilmember Absent
Joseph A.Zappa, Councilmember Present
C. APPROVAL OF MINUTES
1. Minutes of Meeting No. 90 -10
Councilmember Zappa moved to avorove the Minutes of Meeting No 90 -10 (May
31. 19901 as corrected:
Page 19, Item 1 -13a "Nay Councilmember Juker"
Seconded by Mayor Anderson.Ayes - ail.
4 * ,
Councilmember Anderson moved to aovrove the agenda as amended:
1. Fire Department
2. Beaver Lake Lutheran Church
3. Investment Policy
4. Acceptance of Applications
S. Consolidation Merger, Annexation
6. City Hall Opening
7. Medians
8. Rules of Procedures
9. Schedule Meetings
10. Emergency Generator
Seconded by Councilmember Bastian. Ayes - all.
E. CONSENT AGENDA
Council removed Item E -5 to be discussed with the budget.
1 5 -31 -90
Item E -9 to become I -8.
Item E -10 to become I -9.
Councilmember Bastian moved,seconded by Councilmember 2apna. Ayes- all, to
approve the Consent Agenda Items 1 2 3 4 and 6 throuch 8 as recommended:
1. Approval of Accounts
ACCOUNTS PAYABLE•
517,463.31 Checks #5745 thru 5814
Dated 5 -1 -90 thru 5 -15 -90
S 127,848.30 Checks 06009 thru 6167
Dated 5 -28 -90
645,311.61 Total per attached voucher /check register
PAYROLL:
180,759.33 Payroll Checks
S 35.815.34 Payroll Deductions
861,886.28 GRAND TOTAL
2. Replacement of Clerk - Typist in Finance Department
Approved the replacement of the part -time clerk- typist position in the
Finance Department.
3. Investment Policies
Approved the recommendation that Miller & Schroeder Financial, Inc., be
designated as an authorized security dealer for City investment
transactions.
4. 1990 Budget Changes: Wages /Benefits
Approved the contingency account transfers needed to finance all wage and
benefit increases in the amount of $281,470.
S. 1990 Budget Changes: Finance Department.
To be discussed with budget.
6. 1225 Frost Avenue (George's Auto)
Approved the renewal of the conditional use permit for George's Auto for
five years, subject to the original condition of approval.
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7. Budget Transfer: Central Ramsey Watershed Management Organization
Approved the recommendation that City Council endorse the 1990 Budget for
the Maplewood portion of the Central Ramsey Watershed management
Organization and authorized a budget transfer of $940 from the general
fund contingency account to the public works administration budget to fund
Maplewood's share of administrative costs.
S. Budget Transfer: Desk Chairs
Approved the recommendation that $1000 be transferred from the general
fund contingency account to the engineering division budget for the
purchase of four desk chairs.
9. Emergency Management Director and Deputy Director Salaries
Discussed as item I -S.
10. Request to Replace Public Safety Dispatcher
Discussed as item I -9.
1. Upper Afton Road, Project 86 -07
a. Manager McGuire presented the staff report.
b. Councilmember Juker introduced the following resolution and moved its
adoption:
90 -5 -83
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the
bid of Forest Lake Contracting in the amount of $1,122,581.06 is the
lowest responsible bid for the construction of Upper Afton Road, AP 138-
114-01, City Project 86 -07, and the Mayor and Clerk are hereby authorized
and directed to enter into a contract with said bidder for and on behalf
of the City after notification of state aid approval.
FURTHERMORE, the project budget is amended to $1,415,000, and the
project financing is amended as follows:
State aid funding
Special assessments
Total
Seconded by Councilmember Zappa.
1,318,500
96.500
1,415,000
Ayes - all.
3
2. Birmingham /Frost Storm Sewer - Project 90 -08
a. Manager McGuire presented the staff report.
b. Mayor Anderson moved to reject all bids for Project 90 -08 and refer
the matter to staff.
Seconded by Councilmember Zappa. Ayes - all.
H. UNFINISHED BUSINESS
1. Final Plat: Cave's Woods and Ponds Second Addition
a. Manager McGuire presented the staff report.
b. Council stated the chimney stones on the southeast corner house do not
match the rest of the house.
c. A representative of Ed Cave and Sons, Inc., 2301 Woodbridge, stated
the stones are the original ones.
d. Councilmember Zappa moved to approve the final plat of Cave's Woods
and Ponds Second Addition providing all conditions have been met.
Seconded by Councilmember Juker. Ayes - all.
2. City Hall Update
a. Director of Public Works Haider updated the Council on the progress of
the city hall expansion. The contractor has stated the construction
should be completed by June 15, 1990.
b. Because of the many mechanical problems found with the old heating and
air conditioning systems, Councilmember Anderson moved to direct staff to
investigate if the original mechanical contractor and architect for the
construction of city hall in 1986 could be held responsible for any of the
problems.
Seconded by Councilmember Zappa. Ayes - all.
3. Falk Kennel License Review
a. Manager McGuire presented the staff report.
b. Captain Nelson presented the public safety reports.
c. Doug Whitney, attorney for Mr. Falk, stated he had affidavits from
three residents stating there are no problems with the kennel license:
Stan Olson, 415 Lark
Danielle Perron, 368 Viking Drive
Bernie Perron, 368 Viking Drive
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d. The following persons spoke in favor of the Falk's retaining the
kennel license:
Nancy Sackett, 380 E. Viking Drive
Mark Sackett, 380 E. Viking Drive
Tim Falk, 388 B. Viking Drive
A resident on Lark Street
e. Jerri Jenson, 2225 Arkwright, stated the dogs roam the vacant lot,
owned by the Falks, abutting her property and explained the problems she
is having to contend with.
Jerri Jenson and Diane Perry, 379 Lark, submitted letters of complaints regarding
the kennel license conditions.
f. Councilmember Zappa moved to renew the Kennel License for Timothy
Falk, 388E Viking Drive with the following conditions:
1. The top of the kennel must be enclosed.
2. The dogs are restricted to the lot that houses the kennel and the house.
3. The dogs will be allowed on the vacant lot only when
owners are present.
4. Dog waste will be disposed off site.
5. When one dog dies, it will not be replaced.
Seconded by Councilmember Bastian Ayes - Mayor Anderson, Councilmembers
Bastian and Zappa
Nay - Councilmember Juker.
I. NEW BUSINESS
1. 1990 Budget: Reduced State Aid
a. Manager McGuire presented the staff report.
b. Director of Finance Faust presented the specifics of the report and
also two alternatives to finance the reduced state aid.
c. Councilmember Zappa moved to approve alternate two.
Councilmember Zappa withdrew his motion.
d. Councilmember Bastian moved to direct staff to research revenue
reductions to achieve balancing the budget and report back in two weeks
Seconded by Mayor Anderson.Ayes - all.
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2. Truth In Housing (First Reading)
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson presented the specifics of the
proposed ordinance.
c. Chairman Lorraine Fischer presented the BRA report.
d. Karen Christopher, Board of Realtors, presented the realtors' opinions
and their support.
e. Councilmember Bastian moved the following amendment to Section 2..
9.242 Pace 10A•
sunset at 1992"
Seconded by Councilmember Zappa. Ayes - all.
f. Councilmember Zappa moved first reading of the "Truth In Housing"
ordinance.
Seconded by Councilmember Bastian. Ayes - all.
g. Council directed staff to include several suggestions to the ordinance
for second reading.
3. Condor, West Storm Sewer, Project 86 -01: Schedule Public Hearing - Assessments
a. Manager McGuire presented the staff report.
b. Councilmember Juker introduced the following resolution and moved its
adoption:
90 -5 -84
WHEREAS, the City Clerk and City Engineer have received bids for the
improvement of Condor, West Storm Sewer, City Project 86 -01.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that the City Clerk and City Engineer shall forthwith calculate
the proper amount to be specially assessed for such improvement against
every assessable lot, piece or parcel of land abutting on the streets
affected, without regard to cash valuation, as provided by law, and they
shall file a copy of such proposed assessment in the City office for
inspection.
FURTHER, the Clerk shall, upon completion of such proposed assessment
notify the Council thereof.
Seconded by Mayor Anderson.Ayes - all.
6 5 -31 -90
c. Councilmember Juker introduced the following resolution and moved its
adontion-
90 -5 -85
WHEREAS, the Clerk and the Engineer have, at the direction of the
Council. prepared an assessment roll for the construction of Condor, West
Storm Sewer, City Project 86 -01, and the said assessment is on file in the
office of the City Clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. A hearing shall be held on the 25th day of June, 1990, at
the City Hall at 7 :00 P.M. to pass upon such proposed
assessment and at such time and place all persons owning
property affected by such improvement will be given an
opportunity to be heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of the
hearing on the proposed assessment to be published in the
official newspaper, at least two weeks prior to the
hearing, and to mail notices to the owners of all property
affected by said assessment.
3. The notice of hearing shall state the date, time and
place of hearing, the general nature of the improvement,
the area to be assessed, that the proposed assessment roll
is on file with the Clerk and that written or oral
objections will be considered.
Seconded by Mayor Anderson. Ayes - all.
4. Beam Avenue, T.H. 61 to County Road D, Project 88 -16: Schedule Public Hearing
a. Manager McGuire presented the staff report.
b. Councilmember Juker introduced the following resolution and moved its
adoption:
90 -5 -86
WHEREAS, the City Engineer for the City of Maplewood has been
authorized and directed to prepare a report with reference to the
improvement of Beam Avenue, T.H. 61 to County Road D, City Project 88 -12
by construction of 36 -foot -wide street, utilities, storm sewer, sidewalk,
and appurtenances, and
WHEREAS, the said City Engineer has prepared the aforesaid report for
the improvement herein described:
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
1. The report of the City Engineer advising this Council that
the proposed improvement on Beam Avenue, T.H. 61 to County
Road D, City Project 88 -12, by construction of 36 -foot-
wide street, utilities, storm sewer, sidewalk, and
appurtenances is feasible and should best be made as
proposed, is hereby received.
2. The Council will consider the aforesaid improvement in
accordance with the reports and the assessment of
benefited property for all or a portion of the cost of the
improvement according to NSA Chapter 429, at an estimated
total cost of the improvement of $954,000.
3. A public hearing will be held in the Council Chambers of
the City Hall at 1830 East County Road B on Monday, the
25th day of June, 1990, at 7:10 P.M. to consider said
improvement. The City Clerk shall give mailed and
published notice of said hearing and improvement as
required by law.
Seconded by Mayor Anderson. Ayes - Mayor Anderson, Councilmember
Juker and 2appa.
Nay - Councilmember Bastian.
5. Community Center Advisory Committee
a. Mayor Anderson moved to table this item until June 11. 1990.
Seconded by Councilmember Juker. Ayes - all.
6. Metro East Ouse Increase
a. Manager McGuire presented the staff report.
b. Councilmember Bastian moved to table until budget time.
Seconded by Councilmember Juker. Ayes - all.
7. 1925 Arcade Street (Morin)
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson presented the specifics of the
request.
c. Philip and Ruth Moris, 2305 Barclay, the applicants, spoke on behalf
of their requests.
8 5 -31 -90
d. Marjorie Ostrom, Maplewood Building Official, explained what repairs
had to be made to the property since the fire damage.
e. Councilmember Bastian moved to grant a 60 -day time extension on the
basis that Mr. Moris's enoineer advised him that he should not start
construction until this sorino. If Mr. Moris is not under construction by
then, he must comply with the current zoning. Approval is subject to the
property owner complying with the following conditions:
1. The property owner shall park no more than one two truck
on the property. He must store this truck inside the
building.
2. The property owner shall not store any junk vehicles or
car parts outside.
3. The towing service must be part of the repair business.
Seconded by councilmember Juker. Ayes - all.
Mayor Anderson _moved to table Items I -8 and 9, J. R. and L. until after the Public
hearings, Items F -1 through 7.
Seconded by Councilmember Bastian. Ayes - all.
Mayor Anderson recessed the meeting at 7:00 P.M., for a 15 minute recess.
Mayor Anderson reconvened the meeting at 7:15 P.M>
F. PUBLIC HEARINGS
1. 7:00 P.M., Tax Exempt Financing: Maplewood Townhouses.
a. Mayor Anderson convened the meeting for a public hearing regarding the
request of S.B. Multifamily Fund II Limited partnership for preliminary
approval of a $10.5 million tax - exempt mortgage revenue bond program to
construct a 176 -unit apartment development. To approve this financing,
the City Council must also adopt a housing program. City's housing bond
plan is necessary to include this financing.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the
request.
d. Nick Boosalis, the developer, spoke on behalf of the proposal.
e. Mary Ippel, Bonding Consultant, Briggs and Morgan, explained the
financing requirements.
f. Mayor Anderson called for persons who wished to be heard for or
against the proposal. The following persons were heard:
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Steven Johnson, 2311 Mailand Road
Mr. Martinson, 2455 Londin Lane, Apartment 214
Mr. Stuznegger
g. Mayor Anderson closed the public hearing.
h. Councilmember Zappa moved to table this request indefinitely.
Seconded by Councilmember Bastian. Ayes - all.
2. 7:10 P.M., House Moving: Radatz Avenue (Boryczka and Nicholson)
a. Mayor Anderson convened the meeting for a public hearing regarding the
request of Gary Boryczka and Robert Nicholson to move a single family house
from 2839 White Bear Avenue to a lot east of 1826 Radatz Avenue.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the staff report.
d. Gary Boryczka and Robert Nicholson, the applicants, spoke on behalf of
the request.
e. Mayor Anderson called for persons who wished to be heard for or
against the proposal. The following expressed their opinions:
Eugene Whyte, 1850 Radatz
f. Mayor Anderson closed the public hearing.
g. Councilmember Zappa Moved to approve the request to move the house
from 2839 White Bear Avenue to the proposed site on Radatz Avenue.
Approval is subiect to the following conditions:
1. The applicants must complete the following conditions
before the City issues a moving permit:
a. Provide $35,000 in cash or an irrevocable letter
of credit to assure completion of the house to
Code standards or to demolish the structure and
return the site to its original condition.
b. Provide evidence that the mover has a license from
the State and a permit from Ramsey County.
c. Signing an agreement giving the City the right to
take possession of the dwelling and property 90
days after the issuance of the moving permit, if
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the work is not complete. This agreement would
also grant the City the right to use the escrowed
money to complete the construction or to demolish
and remove it. The City Attorney shall draft this
agreement.
d. Provide a registered land survey showing the lot
lines and survey pine at the lot corners.
e. Provide a Boils report from a company approved by
the Building Official. This report must include
the legal description of the new lot, a map of the
lot and all soil corrections and recommendations.
2. The following conditions apply to the moving permit:
a. All rubbish, materials, extra fill, dirt, debris
or leftover material shall be removed from the
property within seven days after the house is
removed from the lot on White Bear Avenue.
b. Any excavation or basement left after the house is
moved from White Bear Avenue shall be filled in
within 48 hours. Any uncovered excavation or
basement shall be fenced.
3. After moving, the house must be restored to original condition and
must be completed within the time allowed.
Seconded by Councilmember Bastian. Ayes - all.
3. 7 :25 P.M., Easement Vacation: Gall Avenue (North Suburban Co.)
a. Mayor Anderson convened the meeting for a public hearing regarding the
request of North Suburban Company to vacate four unneeded utility and
drainage easements.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the
proposal.
d. Commissioner Lorraine Fischer presented the Planning Commission
report.
e. Mayor Anderson called for proponents and opponents. None were heard.
f. Mayor Anderson closed the public hearing.
g. Councilmember Bastian introduced the following resolution and moved
its adoption;
11 5 -31 -40
90 -5 -B7
WHEREAS, North Suburban company initiated proceedings to vacate the
public interest in the following- described easements:
1. The East 5 feet of Lot 3 lying North of the South 10 feet
and lying South of the North 10 feet of Lot 3, Block 1,
Maplewood Meadows.
2. The West 5 feet of Lot 2 lying North of the South 10 feet
and lying South of the North 10 feet of Lot 2, Block 1,
Maplewood Meadows.
3. The West 2.5 feet of the East 5 feet lying North of the
South 10 feet and lying South of the North 10 feet of Lot
23, Block 1, Maplewood Meadows.
4. The West 5 feet of Lot 3, lying North of the South 10 feet
and lying South of the North 10 feet.
WHEREAS, the following adjacent properties are affected:
Lots 2 and 3, Block 1, Maplewood Meadows.
WHEREAS, the procedural history of this vacation is as follows:
1. A majority of the owners of property abutting said
easements have signed a petition for this vacation;
2. This vacation was reviewed by the Planning Commission on
May 7, 1990. The Planning Commission recommended to the
City Council that this vacation be approved.
3. The City Council held a public hearing on May 31, 1990, 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 easements, public
interest in the property will accrue to the following - described abutting
properties:
Lots 2 and 3, Block 1, Maplewood Meadows
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 that:
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1. The City does not need the easements for current or
proposed utilities or drainage facilities.
2. The property owner dedicated new easements.
Seconded by Councilmember Zappa. Ayes - all.
4. 7:35 P.M., Preliminary Plat - Flicek Addition
a. Mayor Anderson convened the meeting for a public hearing regarding the
request of Bernard Flicek for approval of a seven lot single family
subdivision along Rohlman Lane.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the
proposal.
d. Commissioner Lorraine Fischer presented the Planning Commission
report.
e* Bernard Flicek, 1251 Lealand Road, the developer, spoke on behalf of
his request.
f. Mayor Anderson called for persons who wished to be heard for or
against the proposal. The following were heard.
Dave Burbach, 861 Burr, speaking on behalf of his mother who owns
property in the area, stated there may be historical value to Mr.
Flicek's property. He stated he has uncovered artifacts dating
past centuries.
Jerry Battista, 951 Beam Avenue, Little Canada
Roger Prigge, 974 Rohlman Lane
g. Councilmember Zappa moved approval of the Flicek Addition Preliminary
Plat subiect to the developer completing the following conditions before
final plat approval:
1. Approval of final grading, drainage and erosion control
plane by the City Engineer. The erosion control plan
shall address the recommendations of the Soil Conservation
District and the Ramsey- Washington Watershed District.
2. The grading plan shall include a proposed building pad
elevation and contour information for each home site.
Housing styles shall be illustrated which minimize grading
on the lots so tree preservation is maximized. The City
Engineer may approve deviations from the grading plan, if
the intent of the overall approved grading plan is
followed.
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3. Approval of a tree plan by the Director of Community
Development. No grading or construction may begin until
the Director approves this plan. This plan must show the
trees over eight inches in diameter that the developer
intends to remove or retain. The plan must also show
where the developer will plant replacement trees.
Seconded by Councilmember Juker. Ayes - all.
5. 8:00 P.M., 1860 Sterling Street (Welch)
a. Variance
b. Lot Division
1. Mayor Anderson convened the meeting for a public hearing
regarding the request of Nancy Welch, 1860 Sterling Street for
approval of a lot division and lot width variance to divide one
lot into two lots.
2. Manager McGuire presented the staff report.
3. Director of Community Development Olson presented the
specifics of the proposal.
4. Nancy Welch, the applicant, spoke on behalf of her request.
5. Mayor Anderson called for persons who wished to be heard for
or against the proposal. The following voiced their opinions:
Stephen Sontag, 2519 Knoll Circle
Fai Wong, 2513 Knoll Circle
John Wildes, 1864 Sterling
Kevin Green, 2507 Knoll Circle
Resident, 1848 Sterling
Bill Nyquist, 2510 Holloway
6. Mayor Anderson closed the public hearing.
7. Councilmember Zappa moved to deny the request of Nancy Welch
for the variance and the lot division because:
a. The variance would not be in character with the area and would reduce
the privacy of adjacent homes.
b. The property owner created the problem by splitting
off individual lots rather than platting the original
property with a cul -de -sac off Sterling Street.
Seconded by Councilmember Juker. Ayes - all.
6. 8:20 P.M., Code Amendment: Motor Fuel Station Ordinance (First Reading)
14 5 -31 -90
a. Mayor Anderson convened the meeting for a public hearing regarding the
adoption of a motor fuel station ordinance that would require double
walled tanks and piping and permit underground fiberglass tanks and
piping.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the
request.
d. Commissioner Lorraine Fischer presented the Planning Commission
report.
e. Mr. Hentges, Vice President of Hentges Company, spoke on behalf of his
request.
f. Mayor Anderson closed the public hearing.
g. Councilmember Bastian moved first reading of an ordinance amending the
Motor Fuel Station ordinance _bv_cermittina underaround fiberalass tanks
and Piping.
Seconded by Councilmember Juker. Ayes - all.
h. Council directed the City Attorney to check the ordinance for proper
references.
7. 8:30 P.M., On -Sale Intoxicating Liquor License (Chili's)
a. Mayor Anderson convened the meeting for a public hearing regarding the
request of Scott C. Smith for an intoxicating on -sale liquor license to be
known as Chili's Grill and Bar, Beam Avenue and Southlawn Drive.
b. Manager McGuire presented the staff report.
c. Scott C. Smith, the applicant, spoke on behalf of his request.
d. Randy Engel and Richard Schreier spoke regarding issuing the license.
e. Mayor Anderson called for persons who wished to be heard for or
against the proposal. Hone were heard.
f. Mayor Anderson closed the public hearing.
g. Councilmember Bastian moved to issue the license with the condition
r
the license must be held in the name of the on -site manacer if he meets
all reguirements.
Seconded by Mayor Anderson. Ayes - Mayor Anderson, Councilmember
Bastian
Bays - Councilmembere Juker and Zappa.
15 5 -31 -90
Motion failed.
h. Councilmember Zappa moved to issue an on -Sale Intoxicating Liquor
License to Scott C. Smith with the understanding that when Chili's is
completed and a new manager is apnointed, he/she will apply for a license.
Seconded by Councilmember Bastian. Ayes - all.
i. Councilmember Zappa introduced the following resolution and moved its
adoption:
90 -5 -se
NOTICE IS HEREBY GIVEN, that pursuant to action by the City Council of
the City of Maplewood, on May 31, 1990, an On -Sale Intoxicating Liquor
License was approved for Scott C. Smith, dba Chili's on Beam Avenue at
Southlawn Drive.
The Council proceeded in this matter as outlined under the provisions
of the City Ordinances.
Seconded by Councilmember Bastian. Ayes - all.
I. NEW BUSINESS (Continued)
8. Emergency Management Director and Deputy Director Salaries.
a. Manager McGuire presented the staff report.
b. Councilmember Juker moved to direct staff to research the appointment
process for Emergency Management and also the number of hours the Director
and Deputy Director work per week.
Seconded by Mayor Anderson. Ayes - all.
9. Request to Replace Public Safety Dispatcher
a. Manager McGuire presented the staff report.
b. Mayor Anderson moved to approve the hiring of a Public Safety
Dispatcher to fill the vacancy.
Seconded by Councilmember Juker. Ayes - all.
c. Mayor Anderson moved that a letter of commendation be sent to former
Public Safety Dispatcher Karen Nelson.
Seconded by Councilmember Juker. Ayes - all.
16 5 -31 -90
None.
1. Skate Boarding /Roller Blading
a. Mayor Anderson stated there does not seem to be anyplace that allows
skate boarding.
b. Councilmember Zappa moved to direct staff to investigate the
possibilities of where skate boardina can be allowed.
Seconded by Mayor Anderson. Ayes - Mayor Anderson, Councilmembers
Juker and Zappa.
Nay - Councilmember Bastian.
c. Councilmember Zappa questioned if Roller Blading is allowed on
streets.
d. Staff stated it is not allowed.
2. Ballfields
a. Mayor Anderson stated that School District 622 Board is having
problems maintaining their ball fields.
b. Staff stated that when the City uses the fields, the City maintains
them.
3. Fire Department
a. Councilmember Juker moved that the meetina between the Council and the
Fire _Departments _to_ discuss the Fire Study will be 6:00 P.M., on June 20,
1990.
Seconded by Councilmember Bastian. Ayes - all.
4. Beaver Lake Church Property
a. Councilmember Juker stated she had received a letter regarding the
development of the senior citizen apartments on the Beaver Lake Church
property.
b. Staff stated this matter will be on the June 11, 1990 Council Agenda.
5. Investment Policy
a. Councilmember Zappa moved to direct the Manager to establish a three
member committee to keep the City updated on investments.
17 5 -31 -90
Seconded by Councilmember Bastian.
Motion failed.
6
d
Acceptance of Applications
Ayes - Councilmembers Bastian
and Zappa.
Nays - Mayor Anderson, Councilmember
Juker.
a. Councilmember Bastian questioned that when applications for anything
that has a 120 -day time limit could be given to Council prior to the
beginning of the 120 days starts.
b. Councilmember Bastian moved to direct staff to contact the Leacue of
cities to see if there is some Procedure that would allow Council to
review applications before the 120 days of acceptance becins.
Seconded by Councilmember Anderson. Ayes - all.
Consolidation, Merger and Annexations
a. Councilmember Bastian moved that this item be placed on the June 11,
1990 Agenda.
Seconded by Councilmember Zappa.
S. City Hall Opening
Ayes - Councilmembers Bastian,
Juker and Zappa.
Nay - Mayor Anderson.
a. Mayor Anderson questioned if anything is being planned for the City
Hall Expansion opening.
b. Manager McGuire stated that something is being planned for after the
completion of the construction.
9. Roadway Medians
a. Mayor Anderson stated the Beam Avenue medians are overgrown with
weeds. who is responsible?
b. Staff stated that it is the County's responsibility.
c. Councilmember Juker moved to direct staff to investigate and complete
the clean up of all medians and to remove the dead elms.
Seconded by Mayor Anderson.Ayes - all.
18 5 -31 -90
10. Rules of Procedures
a. Mayor Anderson stated he would prefer the Manager not contact on a one
to one basis, but as a whole because the Council should act as a group.
b. Councilmember Juker moved that a Council /Manager session be scheduled
for 5.30 P.M., June 21 1990 and that Manager evaluation be scheduled for
6.30 P.M. Pre Agenda meeting will be at 4:30 P.M.
Seconded by Mayor Anderson. Ayes - all.
L. ADMINISTRATIVE PRESENTATIONS
1. Schedule Meeting
a. Manager McGuire stated he would like to schedule a meeting for June 7,
1990, regarding cable being set for the June 11th Meeting.
b. Council will discuss this at next meeting.
c. Manager McGuire stated a meeting with the Council /Police Civil Service
Commission is scheduled at 6:00 P.M., Monday, July 2, 1990.
2. Emergency Generator
a. Manager McGuire presented the staff report.
b. Director of Public works Haider presented the alternatives for
purchasing an emergency generator.
c. Councilmember Anderson moved to purchase the used emergency cenerator
now at a cost not to exceed 532,500.
Seconded by Councilmember Zappa.Ayes - Mayor Anderson, Councilmembers
Juker and Zappa.
Nay - Councilmember Bastian.
lk.C•17s13ia12YY
10:47 P.M.
t%l.,I'r._J lam'. CiC.Ge' -- l...l
City Clerk
19 5 -31 -90
MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, June 11, 1990
Council Chambers, Municipal Building
Meeting No. 90 -12
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council
Chambers of the Maplewood City Hall, 1830 East County Road B, and was called to order by
Mayor Anderson at 7:00 p.m.
B. ROLL CALL
Norman G. Anderson, Mayor
Gary W. Bastian, Councilmember
Frances L. Juker, Councilmember
George F. Rossbach, Councilmember
Joseph A. Zappa, Councilmember
Present
Arrived at 7:03 p.m.
Present
Present
Present
C. APPROVAL OF MINUTES
D. APPROVAL OF AGENDA
Mayor Anderson moved to approve the Agenda as amended:
1. Yard Waste
2. MWCC
3. Change in Conditions of Final Plats
4. Larpenteur & White Bear Avenue
5. Request for Engineer's Report of Highway Funds Lost in Past Year for
Next Council Meeting
Seconded by Councilmember Bastian Ayes - All
E. CONSENT AGENDA
Council removed and tabled Item E -4
Council removed Item E -6 to become I -11
Councilmember Zappa moved, seconded by Councilmember Bastian, Ayes All, to approve the
Consent Agenda, Items 1, 2, 3 and 5 as recommended.
1. Approval of Claims:
ACCOUNTS PAYABLE:
404,279.57 Checks: #5815 thru #5881
Dated 5 -16 -90 thru 5 -31 -90
S 120,335.56 Checks: #6177 thru #6275
Dated 6 -11 -90
524,615.13 Total Accounts Payable
PAYROLL:
192,083.51 Payroll Checks
S 35,917.01 Payroll Deductions
228,000.52 Total Payroll
752,615.65 GRAND TOTAL
1 6 -11 -90
2. 1990 Budget Change - Public Safety Department Study
Approved a budget change of $10,900 to finance the final bill for the Public Safety
Department study that was recently completed.
3. Conditional Use Permit Renewal - Rolling Hills 2nd Addition
Approved renewal of a conditional use permit (CUP) for the Rolling Hills Mobile Home
Park Second Addition.
4. Conditional Use Permit Renewal: 1810 County Road B (Fulk)
Tabled
5. Preliminary Plat Renewal: Beth Heights
Approved a one -year time extension for the Beth Heights Addition preliminary plat,
subject to the following revisions to the conditions of approval for final plat
approval:
1. Conditions 1 through 3 and 5 through 9 remain unchanged.
2. Condition 4 is revised as follows:
4. Approval of a tree plan by the Director of Community
Development. No grading or construction may begin nor will
the City give final plat approval until the Director
approves this plan. This plan must show the woodlots on the
site. This plan must also show the location, size and
species of trees over eight inches in diameter that the
developer intends to remove or keep. This plan does not
need to show box elders, cottonwoods and poplars. This plan
must also show the location, size and species of trees that
developer will plant as replacement trees.
3. Condition 10 is added as follows:
10. The developer shall complete all grading for public improvements and
overall site drainage. The City Engineer shall include any of this
grading that is not completed before final approval in the developer's
agreement.
6. Preliminary Plat Renewal: Cave's English St. 2nd Addition
Discussed as Item I -11
EA. APPOINTMENTS AND PRESENTATIONS
Students from Presentation of Mary School and their coach were presented with
Commendations for their participation and achievements in the Odyssey of the Mind
program. Mayor Anderson presented Certificates to Michelle DuBay, Beth Grant, Jeff
Radke, Steve Walsh, Eric Williams, Chris Yzerman and Coach Joyce Teibel.
F. PUBLIC HEARINGS
1. 7:00 p.m., 2305 Stillwater Road (Sarrack's)
a. Mayor Anderson convened the meeting for a public hearing regarding the request
by Con /Spec Corporation for a variance to expand their parking lot five feet from
the north lot line.
2 6 -11 -90
b. Manager McGuire presented the staff report
c. Community Development Director Geoff Olson presented the specifics of the
proposal.
d. Mr. Gust Sarrack, 2311 Case, owner, spoke on behalf of the proposal.
e. Jim Kellison, ConSpec Corporation, spoke on behalf of the proposal.
f. Mayor Anderson called for proponents or opponents of the proposal.
g. Mayor Anderson closed the public hearing.
h. Councilmember Juker introduced the following resolution and moved its adoption:
90 - 6 - 89
WHEREAS, Con /Spec Corporation applied for a variance from the zoning
ordinance at 2305 Stillwater Road. The legal description is:
Lot 13 and 14, Auditor's Subdivision No. 77
WHEREAS, Section 36 -27 (a) of the Maplewood Code of Ordinances requires
a 20- foot -wide landscaped area when a nonresidential use abuts
residentially -zoned property.
WHEREAS, the applicant is proposing a five -foot setback, requiring a
variance of fifteen feet;
WHEREAS, the history of this variance is as follows:
1. This variance was reviewed by the Community Design Review Board on
December 12, 1989. The Board recommended to the City Council that the
variance be approved.
2. The City Council held a public hearing on June 22, 1990. City staff
published a notice in the Maplewood Review and sent notices to the
surrounding property owners as required by law. The Council gave
everyone at the hearing an opportunity to speak and present - written
statements. The Council also considered reports and recommendations
from the City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above
described variance for the following reasons:
1. Mr. Sarrack would meet the intent of the ordinance if he screened the
parking lot from the property to the north.
2. There is an existing grade elevation and some existing landscaping that
already partially screens the site.
3. The setback requirement would cause Mr. Sarrack undue hardship because
the State bought part of his property for right -of -way. This has
reduced the area of his property for parking and left the property
unusually shaped, making complying with setback difficult.
4. The abutting lot to the north is the deep rear yard of an unoccupied
property recently purchased by the State as part of the widening of
Stillwater Road.
5. The fence is to be built to a minimum height of 6 feet above the level
of the parking lot, the exact height to be determined by the architect
and engineer to create a compatible height fence.
3 6 -11 -90
Approval is subject to Mr. Sarrack building a screening fence along the entire
northerly lot line that complies with Section 36 -27 of the City Code.
Seconded by Councilmember Rossbach - Ayes - All
2. 7:15 p.m., 2280 Stillwater Avenue (Beaver Lake Lutheran Church)
a. Mayor Anderson convened the public hearing regarding the proposed Lincoln Park
Manor Seniors Building, whether it is to be built and whether the zoning should
be changed. Such a change would require:
1. Plan Amendment (4 Votes Required)
2. Rezoning (4 Votes Required)
3. Conditional Use Permit
b. Manager McGuire presented the staff report.
c. Community Development Director Olson presented the specifics of the proposal.
d. Commissioner Robert Cardinal, Planning Commission, presented the Commission
recommendation.
e. Mayor Anderson called for proponents or opponents. A resident of Stillwater
Avenue expressed his views.
f. Mayor Anderson closed the public hearing
g. Councilmember Juker introduced the following resolution and moved its approval:
90 - 6 - 90
WHEREAS, the City initiated an amendment to the City's Comprehensive Plan
from RL, residential low density and RH, residential high density, to C, church.
WHEREAS, this amendment applies to the easterly part of 2280 Stillwater
Avenue.
WHEREAS, the history of this plan amendment is as follows:
1. The Planning Commission held a public hearing on May 21, 1990 . to
consider this plan amendment. City staff published a notice of this
hearing in the Maplewood Review and sent notices to the surrounding
property owners as required by law. The Planning Commission gave
everyone at the hearing a chance to .speak and present written
statements. The Planning Commission recommended to the City Council
that the plan amendment be C, church.
2. The City Council discussed the plan amendment on June 11, 1990. They
considered reports and recommendations from the Planning Commission and
City staff.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above -
described plan amendment for the following reasons:
a. The City previously amended the Plan for the construction of a
senior housing project. The developers now plan to construct this
project in Oakdale.
b. The Church is not planning on selling the land to another developer.
c. The RH, Residential High Density designation would allow a
nonseniors project to be built.
Seconded by Councilmember Ayes - All
4 6 -11 -90
h. Councilmember Juker introduced the following resolution and moved its adontion:
90 - 6 - 91
WHEREAS, the City initiated this rezoning from R -3, Multiple Dwelling,
to R -1, Single - Dwelling Residential for the property located at 2280
Stillwater Avenue.
WHEREAS, this rezoning applies to the easterly part of 2280 Stillwater
Avenue. The legal description is:
Beginning at the northeast corner of said Tract A; thence south 81
degrees 50 minutes 00 seconds west, along the north line of said Tract
A a distance of 40.42 feet; thence south 0 degrees 04 minutes 19 seconds
west, parallel with the east line of said Tract A, a distance of 216.17
feet; thence south 46 degrees 24 minutes 30 seconds west, a distance of
357.67 feet' thence south 48 degrees 26 minutes 55 seconds East a
distance of 228.00 feet to the south line of said Tract A; thence North
89 degrees 46 seconds 18 minutes east, along said south line, a distance
of 127.93 feet to the Southeast corner of said Tract A; thence North 0
degrees 04 seconds 19 minutes east, along said east line, a distance of
619.26 feet to the point of beginning.
WHEREAS, the history of this rezoning is as follows:
1. The Planning Commission reviewed this rezoning on May 21, 1990.
They recommended to the City Council that the rezoning be R -1.
2. The City Council held a public hearing on June 11, 1990. City staff
published a notice in the Maplewood Review and sent notices to the
surrounding property owners as required by law. The Council gave
everyone at the hearing an opportunity to speak and present written
statements. The Council also considered reports and recommendations
from the City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above -
described rezoning for the following reasons:
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 from 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.
Seconded by Councilmember Rossbach Ayes - All
i. Councilmember Juker introduced the following resolution and moved its adoption:
90 - 6 - 92
WHEREAS, the City is initiating the termination of a conditional use
permit to build a 42- foot -high senior building.
5 6 -11 -90
WHEREAS, the permit applies to - 2280 Stillwater Avenue. The legal
description is:
Beginning at the northeast corner of said Tract A; thence south 81
degrees 50 minutes 00 seconds west, along the north line of said Tract
A a distance of 40.42 feet; thence south 0 degrees 04 minutes 19 seconds
west, parallel with the east line of said Tract A, a distance of 216.17
feet; thence south 46 degrees 24 minutes 30 seconds west, a distance of
357.67 feet' thence south 48 degrees 26 minutes 55 seconds East a
distance of 228.00 feet to the south line of said Tract A; thence North
89 degrees 46 seconds 18 minutes east, along said south line, a distance
of 127.93 feet to the Southeast corner of said Tract A; thence North 0
degrees 04 seconds 19 minutes east, along said east line, a distance of
619.26 feet to the point of beginning.
WHEREAS, the history of this conditional use permit is as follows:
1. The City Council approved this conditional use permit on July 11,
1988.
2. The developers told the City that they plan to construct this
project in Oakdale.
3. The Planning Commission discussed this termination on May 21, 1990.
They recommended to the City Council that said permit be terminated.
4. The City Council held a public hearing on June 11, 1990. City staff
published a notice in the paper and sent notices to the surrounding
property owners as required by law. The Council gave everyone at
the hearing a chance to speak and present written statements. The
Council also considered reports and recommendations of the City
staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council terminate the
above - described conditional use permit. The City is terminating this permit
because the project is now planned for Oakdale.
Seconded by Councilmember Rossbach Ayes - All
3. 7:30 p.m., Rolling Hills Mobile Home Park
a. Mayor Anderson convened the public hearing regarding rezoning of the Rolling
Hills 2nd Addition Mobile Home Park. This would require:
1. Plan Amendment (4 Votes Required)
2. Rezoning (4 Votes Required)
b. Manager McGuire presented the staff report.
c. Community Development Director Olson presented the specifics of the proposal.
d. Dick Pearson, 1099 Crestview Drive, Hudson, WI, owner of Rolling Hills, spoke in
opposition to the rezoning.
e. Councilmember Zappa moved to table the item with instructions to staff to review
the zoning in the area surrounding Rolling Hills and report back to the Council.
Seconded by Councilmember Juker Ayes - Mayor Anderson, Councilmembers
Juker, Zappa
Nays - Councilmembers Rossbach,
Bastian
G. AWARD OF BIDS•
None
6 6 -11 -90
H. UNFINISHED BUSINESS:
1. 1990 Budget - Reduced State Aid
At the May 31 meeting, Council directed staff to prepare a list of reductions in
department budgets totalling $113,200 as an alternative to using the remaining
General Fund Contingency Account and part of the General Fund balance.
a. Manager McGuire presented the staff report.
b. Finance Director Faust presented the specifics of the proposal.
C. Councilmember Bastian moved to approve the following list of changes:
AMOUNT DEPARTMENT DESCRIPTION
13,070 General Government Consultant fees, capital outlay, miscellaneous
commodities and services, revised insurance
cost estimate
10,000 Finance Truth in Taxation notices to taxpayers
17,130 Public Safety Miscellaneous capital outlay items
10,000 Public Works Temporary engineering aides
15,000 Parks & Recreation Delete projects for the Nature Center and
Gloster Park
65,200 Total expenditure reductions
48,000 Increase in estimated revenues - administrative overhead charges for
public improvement projects
113,200 Total 1990 Budget revisions
Seconded by Councilmember Zappa Ayes - All
2. Mark's Nature Haven
a.Preliminary Plat
b.Rezoning
1. Manager McGuire presented the staff report _
2. Community Development Director Olson presented the specifics of the proposal.
3. Commissioner Robert Cardinal of the Planning Commission presented the commission
recommendation.
4. Mayor Anderson called for proponents or opponents of the proposal. The following
were heard:
Mr. Gregory J. Frank, Engineering Surveyor,
Pacesetter Property Management, Plymouth, MN
Ms. Beverly Stielow, 1285 Sterling Avenue S.
Mr. Ron Sokolik, 2371 Carver Avenue
Mr. Larry Grand, 2405 Carver Avenue
Mr. Roger W. Singer, 1250 Dorland
Mr. Larry Lyle, Planner, Pacesetter Property Management
5. Councilmember Rossbach introduced the following resolution and moved its
adoption:
90 -6 -93
WHEREAS, Pacesetter Property Management, Inc. initiated a rezoning from F,
farm residence district, to R -1, single - dwelling residential, for the following -
described property:
7 6 -11 -90
The West 1/2 of the Northeast 1/4 of the Northwest 1/4 of Section 24,
Township 28, Range 22, except the South 256 feet of the East 170 feet
thereof, also except the West 1/2 of the Southwest 1/4 of said Northeast 1/4
of the Northwest 1/4. --
This property is also known as 2413 Carver Avenue, Maplewood;
WHEREAS, the procedural history of this rezoning is as follows:
1. This rezoning was reviewed by the Maplewood Planning Commission on
January 18, 1990. The Planning Commission recommended to the City
Council that said rezoning be R -1.
2. The Maplewood City Council held a public hearing on June 11, 1990 to
consider this rezoning. 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 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 from 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.
Councilmember Zappa seconded the motion. Ayes - All
6. Councilmember Rossbach moved to approve the Mark's Nature Haven preliminary plat
for 30 lots subiect to the developer completing the following conditions before
final plat approval:
a. Provide a tree replacement plan for the approval of the Director of
Community Development, prior to grading or final plat approval. This
plan shall show where the developer plans to remove, retain or replace
large trees.
b. The developer or the City must get the following:
1) Permanent off -site drainage easements to the city for the existing
posts on the adjacent properties to the west and east, north of
Carver Avenue. The City Engineer may waive the easterly pond
easement if the developer can design the pond on his property to
handle the run -off.
2) A 15- foot -wide off -site utility easement to the City for a watermain
connection to the existing main at the intersection of Boxwood
Avenue and Dorland Road. The applicant shall construct a 12 -inch
watermain as part of the watermain installation from Lakewood Drive
to Carver Avenue.
3) A street and utility easement to the City for the part of Crestview
Drive on 2405 Carver Avenue. -
8 6 -11 -90
If this becomes City project, the developer shall pay for all costs.
C. Install standard city street lights at the intersections of Carver
Avenue and Crestview Drive, and Birch Street and Crestview Drive. A
third shall be required near the easterly lot line along Boxwood Avenue
at the time the developer extends Boxwood Avenue. The exact location is
subject to the approval of the City Engineer.
d. Extend the storm sewer to the easterly lot line along Boxwood Avenue and
to the intersection of Lakewood Drive and Birch Street with the
construction of these streets.
e. Change the six - foot -wide drainage /utility easements along all common
side property lines to five feet.
f. Grant the City a temporary 100 - foot - diameter cul -de -sac easement for the
temporary dead end of Crestview Drive.
g. Provide a signed developer's agreement, with required surety, for all
required public improvements, erosion control and tree replacement.
This agreement shall include a requirement for the placement of
temporary fencing, during construction, around woodlots to be saved.
h. Deed the small remnant piece of land south of the proposed east -west
street, south of Lot 1, Block 2, to the owners of 2405 Carver Avenue.
i. The developer shall complete all grading for public improvements and
overall site drainage. The City Engineer shall include any of this
grading that is not completed before final approval in the developer's
agreement.
Seconded by Councilmember Zappa Ayes - All
6. Councilmember Bastian moved that staff initiate a study of the feasibility of
Estate Lot Zoning or to assure lot size compatibility
Seconded by Councilmember Juker Ayes - All
3. Emergency Management Salaries
This item was tabled from the May 31 meeting with a request for additional
information.
a. Manager McGuire presented the staff report.
b. Councilmember Bastian moved the salaries for the Director and Deputy Director of
Emergency Management be increased to $600 and $375 per month respectively .
Seconded by Councilmember Zappa Ayes - Bastian, Zappa, Rossbach
Nays - Anderson, Juker
4. Community Center
a
b.
Seconded by Mayor Anderson Ayes - All
9 6 -11 -90
City Manager McGuire presented the staff report.
5. Council Policies
a. Manager McGuire presented the staff report.
b. City Attorney Kelly presented the specifics of the proposal.
c. Councilmember Rossbach introduced the following ordinance and moved its adoption:
Ordinance No. 664
AN ORDINANCE AMENDING SECTION 9 -1
STREET ACCESSIBILITY REQUIREMENTS;
EXCEPTIONS OF THE MAPLEWOOD CITY CODE
THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 9 -1 of the Maplewood Code of Ordinances is hereby amended as
follows:
Section 9 -1 Street Accessibility and certificate of occupancy requirements;
exceptions,
a) No building permits will be issued for any construction within the City,
unless the building site is located adjacent to an existing street which is
dedicated and maintained as a city street, or unless provision for street
construction has been made in full compliance with this code, and in no case
until grading work, as provided in this code, has been completed and
certified to the Clerk by the City Engineer; except that, in isolated
incidences, the Council may enter into an agreement with the property owner
for special handling of an unusual situation, which agreement shall be
recorded so as to run with the land affected;
b) The City shall not issue any certificates of occupancies in an approved
plat, until the developer has laid the first layer of asphalt on the platted
street(s).
Section 2. This ordinance shall take effect upon its passage and publication.
Seconded by Councilmember Bastian Ayes - All
d. Councilmember Rossbach introduced the following Ordinance and moved its adoption:
Ordinance No. 665
AN ORDINANCE AMENDING THE MAPLEWOOD
CODE RELATING TO LOT DIVISIONS
THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 30 -15. Lot Divisions is hereby amended to read as follows:
a) For the purposes of this section, a lot division is defined as the
division of a tract of land into two (2) or three (3) lots.
b) The Director of Community Development may approve or cause to be
modified plans for a lot division. The Director must first determine,
however, that the plans meet all city ordinances and policies, and that
the proposal would not have an inverse impact on the subject property or
surrounding properties. If the director makes a negative determination
or the applicant wishes to appeal the decision, the case shall be sent
to the City Council for action.
c) A letter of credit may be required as a condition to lot splits on plats
in order to guarantee the proper repair and patching of streets after
the installation of utilities in the streets or right -of -ways.
10 6 -11 -90
d) Only one (1) lot division application for each subject lot shall be
accepted in any single calendar year.
e) Deeds must be filed within one year of approval by the City of a lot
division.
Section 2. This ordinance shall take effect upon its passage and publication.
Seconded by Councilmember Bastian Ayes - All
e. Councilmember Rossbach introduced the following Ordinance and moved its adoption:
Ordinance No. 666
AN ORDINANCE REGARDING CITY EVENTS
THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Sections 2 -8 of the Maplewood City Code is hereby adopted to read as
follows:
CITY EVENTS. The Maplewood City Council may waive any requirements for
payment of license fee or permit fee for any city - sponsored event.
Section 2. This ordinance shall take effect upon its passage and publication.
Seconded by Councilmember Bastian Ayes - All
f. Councilmember Bastian introduced the following Resolution and moved its
adoption:
90 - 6 - 94
WHEREAS, an increasing number of persons are transacting business with the
City of Maplewood and paying by check;
WHEREAS, City is requesting verification with respect to the individual or
parties paying by check:
WHEREAS, the City desires a check receipt policy;
NOW, THEREFORE, be it resolved the City adopts the following check receipt
policy; to -wit:
CHECK RECEIPT POLICY. All persons transacting any business with City, and
paying by check, must provide the City his /her telephone number and a valid
driver's license or state identification card. Persons unable to provide this
information or identification may be denied service by City Staff, unless
otherwise authorized or approved by the respected department head or City Manager
or designee.
Seconded by Councilmember Zappa
I. NEW BUSINESS
1. Fence Height Request - 735 County Road B (Powers)
Ayes - All
a. City Manager McGuire presented the staff report.
b. Community Development Director Olson presented the specifics.
C. Kevin Powers, 735 E. County Road B, the applicant, presented his views on
the proposal.
11 6 -11 -90
d. Councilmember Bastian moved to approve an eight- foot -high fence along the north
and part of the west side of 735 County Road B subject to getting a building
permit.
Seconded by Councilmember Zappa Ayes - All
2. Community Design Review Board Appeal: Gall Avenue (Seltun)
a. Manager McGuire presented the staff report.
b. Community Development Director Olson presented the specifics of the appeal.
C. Vicki Seltun, 2474 Gall Avenue, presented her views.
d. Mayor Anderson called for proponents or opponents of the appeal. The following
were heard:
Albert Giorgini, 2417 Gall Avenue
Bruce Mogren, Stillwater, MN
e. Councilmember Bastian moved to table this item to June 25.
Seconded by Councilmember Zappa Ayes - All
3. Comprehensive Plan: Land use Classifications
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson presented the specifics of the proposal.
C. Councilmember Bastian moved to authorize the concept of replacing the land use
classifications in the City's Comprehensive Plan with the City's zoning district
classifications with instruction to staff to report back to Council with a plan
to clarify the classifications.
Seconded by Councilmember Zappa Ayes - All
4. City -Wide Water Main Extensions and Misc. Improvements, Project 90 -07 - Schedule
Public Hearing
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the proposal.
C. Councilmember Bastian moved to table this item to June 25
Seconded by Councilmember Ayes - All
5. Gonyea's Oak Heights - Cash Payment Proposal
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the proposal.
c. City Attorney Kelly spoke to clarify issues presented.
d. Mayor Anderson moved to accept Gonyea's offer of cash payment in lieu of
completion of storm sewer outlet from Pond 15 to Pond 16.
Seconded by Councilmember Juker Ayes - Mayor A n d e r s o n ,
Councilmember Juker
Nays - Councilmembers Zappa,,,
Bastian, Rossbach
Motion Failed
12 6 -11 -90
6. Order Feasibility — Mall Area Traffic Improvements
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the report.
c. Councilmember Rossbach moved to table this item until June 25 with direction to staff to
obtain more information from consultant..
Seconded by Councilmember Zappa Ayes — all.
7. Sophia and East Shore Drive —"No Parking" Signs
a. City Manager McGuire presented the staff report.
b. Mayor Anderson moved to approve posting of "No Parking" signs on the north side of Sophia
between East Shore Drive and Phalen Place.
Seconded by Councilmember Juker Ayes — all.
8. Storage and Re -Use of Videotapes
a. Manager McGuire presented the staff report.
b. Assistant City Manager Maglich presented the specifics of the proposal.
c. Mayor Anderson introduced the following resolution and moved its adoption:
90 -6 -95
VIDEOTAPE RETENTION POLICY
WHEREAS, the Minnesota Government Data Practices Act requires the City to retain the
the videotapes of public meetings for years; and
WHEREAS, all public government data including videotapes must be maintained in such
a manner as to make it easily accessible for convenient use of the public; and
WHEREAS, the establishment of the City of Maplewood's retention, disposition and
copying policy is contingent upon the acceptance of this policy by the Minnesota State
Records Disposition Panel,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood
that:
1. The videotapes of public meetings will be stored for a period of 30 calendar days
following a meeting;
2. Within the 30 days, the tape will be available for viewing free of charge during that
time;
3. A copy of the tape may be requested during that 30 -day period. The request must
be in writing. The copying charge will be a flat rate for a single tape 2 or less hours in
duration. This duplication charge will be composed of the cost of a new tape plus the time
required to copy the tape. The copying charge shall be paid before the copy is released;
4. Copies of the tapes will be provided as soon as possible form the time the request is
received; and
5. Following the 30 -day retention period, the tapes will be available for re -use.
13 6 -11 -90
Seconded by Councilmember Zappa. Ayes - All
9. Consolidation, Merger and Annexation
a. Councilmember Bastian moved the Council endorse the concept of Joining with surrounding
communities in providing various services and functions, and look at the various functions and to
initiate discussions with other cities to determine whether joint efforts would be feasible. Staff is
to report back to the Council by the end of 1990.
Seconded by Councilmember Zappa Ayes — All
Councilmember Juker moved to extend the meeting until all items were completed.
Seconded by Councilmember Bastian Ayes — All
10. City Hall Update
a. Manager McGuire reported on the status of the City Hall remodeling.
b. Director of Public Works Heider responded to questions regarding the specifics of the
current status.
No action requested.
11. Preliminary Plat Renewal: Cave's English Street 2 °d Addition
a. Councilmember Rossbach stated that his reason for requesting removal of this item from
the Consent Agenda was that when the PUD was originally approved there was multiple housing
planned for the area by the railroad tracks, which are no longer there, and it was the only multiple
housing in the development.
b. Councilmember Rossbach moved that staff investigate the possibility of what can be done
to change the area from Multiple Dwelling to single family.
Seconded by Councilmember Bastian. Ayes — All
C. Councilmember Bastian moved to table the Preliminary Plat Renewal of Cave's English
Street 2 °d Addition until July 9.
Seconded by Councilmember Rossbach. Ayes — All
J. VISITOR PRESENTATIONS
None.
K. COUNCIL PRESENTATIONS
1. Yard Waste
a. Councilmember Rossbach requested that Council direct staff, particularly the health officer,
to follow very closely the now continually open Ramsey County compost sites in Maplewood with
regard to the periodic removal of grass clippings, as they have promised to do, to ensure that it is not
left there to become a problem as it has in past years.
b. Councilmember Juker noted that, since there is now a disease that is killing birch trees, the
City may be faced with the problem of removing those as well.
14 6 -11 -90
2. M.W.C.C.
a. Councilmember Zappa requested that the Finance Director keep the Council
informed with regard to what is happening at the Metropolitan Waste Control
Commission.
3. Changes in Conditions of Final Plats
a. Councilmember Zappa
Seconded by Councilmember Rossbach Ayes - All
4. Larpenteur and White Bear Avenue
a. Councilmember Bastian noted that there are a number of signs in the
City showing that Olympic Festival activities will be taking place
at Aldrich Arena. One sign is posted at the North East corner of
White Bear and Larpenteur, and is a very .nice sign, but placed in
the middle of a trash yard, with not only trash, but also weeds that
are two or three feet tall. Since this intersection will be one of
the main entrance ways to Maplewood, we should look at cleaning that
up as well as other corners. The weed inspector should try to get
these areas cleaned up before the activities start..
b. Councilmember Juker inquired about what the City is doing in observance of
the Olympic Festival.
c. Park & Recreation Director Odegard explained that the Torch Run will occur
here on July 4 - picking up the torch from White Bear Lake, and passing it
to Little Canada. Additionally, the cover of the current Maplewood -in-
Motion has a picture of the torch.
d. Councilmember Juker indicated she felt there should be banners along the
route of the torch run route.
e. Councilmember Bastian moved that staff be directed to report back to Council at
the June 25 meeting regarding Promotion of the Olympic Festival.
Seconded by Councilmember Zappa Ayes - All
5. Highway Funds Lost in Past Year
a. Mavor Anderson
Seconded by Councilmember Bastian Ayes - All
Councilmember Bastian moved to adjourn the meeting at 10:53 P.m.
Seconded by Councilmember Zappa Ayes - All
City Clerk
15 6 -11 -90
AGENDA REPORT
TO:City Manager
FROM:Finance Director
RE:APPROVAL OF CLAIMS
DATE:June 19, 1990
AGENDA NO. E -1
Action
Q
Undorseii-- .
UOdifie
Rej a eted,,,..,,,,,.,,,„,
Date
It is recommended that the Council approve payment of the following claims:
ACCOUNTS PAYABLE:
317,445.60
79,140.53
396,586.13
PAYROLL:
186,063.61
36,574.28
222,637.89
619,224.02
Checks # 10408 thru # 10445
Dated 6 -4 -90 thru 6 -12 -90
Checks #-6283 thru # 6434
Dated 6 -25 -90
Total per attached voucher /check register
Payroll Checks
Payroll Deductions
Total Payroll
GRAND TOTAL
Attached is a detailed listing of these claims.
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