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HomeMy WebLinkAbout02.05.81MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Thursday, February 5, 1981 Council Chambers, Municipal Building Meeting No. 81 -3 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building and was called to order at 7:00 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilman Present Gary W. Bastian, Councilman Present Frances L. Joker, Councilperson Present Earl L. Nelson, Councilman Present C. APPROVAL OF MINUTES 1. Minutes No. 81 -1 (January 8, 1981) Councilman Bastian moved to approve the Minutes of Meeting No. 81 -1 (January 8, 1981) as corrected: Page 8 "of Councilman Norman Anderson" Page 14 "Sclerosis" Seconded by Councilperson Joker. D. APPROVAL OF AGENDA Ayes — all. Mayor Greavu moved to approve the Agenda as amended: 1. School Closing 2. School Liaison 3. City Hall 4. Closing Atlantic Crossing 5. Suburban Court System Seconded by Councilman Bastian. E. CONSENT AGENDA Ayes — all. Councilman Anderson moved, seconded by Councilman Nelson, Ayes — Mayor Greavu, Council— person Juker, Councilmen Anderson and Nelson; Nay — Councilman Bastian, to approve the Consent Agenda Items 1 through 3 as recommended. 1. Accounts Payable Approved the accounts (Part I — Fees, Services, Expenses, Check No. 005169 through Check No. 005235 — $239,757.77; Check No. 009001 through Check No. 009135 — $157,586.95: Part II Payroll — Check No. 26732 through Check No. 26860 — $64,514.68) in the amount of $461,859.40. — 1 — 2/5 2. White Bear Lake Plan Authorized staff to forward the following comments to the City of White Bear Lake pertaining to their Land Use Plan: White Bear Lake is recommending that the I- 694 /Highway 61 and I- 694 /White Bear Avenue interchanges (Map 5) be considered for improvement. Staff concurs with these recommendations and suggests, that the upgrading of the I- 694 /Highway 61 interchange receive top priority for available funding. As a second priority, consideration should be given to the alleviation of traffic congestion problems in the vicinity of I -694 and White Bear Avenue, with the in- stallation of traffic control measures (left turn lanes and signalization). Im- provements to the freeway ramps proper do not appear to be warranted. 3. Hearing Date for Maplewood Dental Specialities Industrial Revenue Note Resolution No. 81 -2 -16 RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE PUBLICATION OF A NOTICE OF SAID HEARING WHEREAS, (a) Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial Development Act (the "Act ") gives municipalities the power to issue revenue bonds for the purpose, of the encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; (b) The City Council of the City of Maplewood (the "City ") has received from Maplewood Dental Specialties, a Minnesota general partnership (the "Partnership ") a proposal that the City assist in financing a project hereinafter described, through the issuance of its industrial revenue bonds (which may be in the form of a single debt instrument) (the "Bonds ") pursuant to the Act; (c) Before proceeding with consideration of the request of the Partnership it is necessary for the City to hold a public hearing on the proposal pursuant to Section 474.01, Subdivision 7b, Minnesota Statutes; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minn- esota, as follows: 1. A Public Hearing on said proposal of the Partnership will be held at the time and place set forth in the Notice of Hearing hereto attached. 2. The general nature of the proposal and an estimate of the principal amount of bonds to be issued to finance the proposal are described in the form of Notice of Hearing hereto attached. 3. The Notice of said Public Hearing shall be in substantially the form contained in the Notice hereto attached. — 2 — 2/5 4. A draft copy of the proposed application to the Commissioner of Securities, State of Minnesota, for approval of the project, together with proposed forms of all attachments and exhibits thereto, is on file in the office of the City Clerk. 5. The City Clerk is hereby authorized and directed to cause notice of said hear- ing to be given one publication in the official newspaper and a newspaper of general circulation available in the City, not less than 15 days nor more than 30 days prior to the date fixed for said hearing, as shown in the notice of hearing hereto attached. E —A APPOINTMENTS 1. HRC Appointment a. Councilman Bastian moved to appoint James Haynes to the Human Relations Com- mission. Seconded by Councilman Anderson. Ayes — all. G. AWARD OF BIDS L. Towing and Impounding a. Manager Evans stated staff has contacted several towing companies with lots in Maplewood regarding proposals for towing and impounding of vehicles in 1981. Only one company has indicated an interest, Art's Towing Service, 2384 English Street. Their proposal is as follows: Towing City of Maplewood Police vehicles Towing of standard size vehicles All accidents Dollies Flatbed service Large trucks or heavy equipment Winching of vehicles Storage rates per day No Charge $30.00 per unit $35.00 per unit $15.00 per unit $40.00 minimum per unit $55.00 minimum per unit $30.00 minimum per unit $ 6.00 per unit All vehicles impounded or towed by the City of Maplewood to Art's Emergency Towing, Inc., will be secured by a fenced and lighted storage area. All vehicles will be released twenty —four hours per day, seven days a week. All vehicles will be released upon proof of ownership to the proper party. All monies will be collected by Art's Emergency Towing, Inc. Art's Emergency Towing, Inc., will take full responsibility for vehicles in their custody. — 3 — 2/5 Staff recommends Art's proposal be accepted and that they be designated as towing and impound lot contractor for 1981. Their certificate of liability insurance is attached. b. Councilman Anderson introduced the followine resolution and moved its adoption: 81 — 2 — 17 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Art's Towing Service, 2384 English Street, (as presented) is the most responsible bid for towing and impounding vehicles, 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 Councilman Bastian, H. UNFINISHED BUSINESS Ayes — all. 1. Community Design Review Board Ordinance (Second Reading) a. Manager Evans presented the staff report. b. Councilperson Juker introduced the following ordinance and moved its adoption: ORDINANCE NO. 497 AN ORDINANCE AMENDING SECTION 202 OF THE MAPLEWOOD CODE THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 202.130 of the Maplewood Code is hereby amended to read as follows: "202.130. Membership. The Community Design Review Board shall consist of six (6) members. All members of the Board shall be appointed by the City Council. Initially, three (3) of the Council appointed members shall serve a one (1) year term. Three (3) of the Council appointed members shall serve a two (2) year term. The Community Design Review Board Chairman shall be chosen annually by the Board. Council appointed members shall be as follows: 1. Two (2) architects, if available to serve. 2. Two (2) members shall be from a related design or construction field, i.e. landscape architects, interior designers, planners, civil engineers, contractors, appraisers, realtors, etc. 3. All of the above members shall, if applicable, be registered and licensed to practice in the State of Minnesota. 4. Two (2) members of the Community Design Board shall be citizen laymen. — 4 — 2/5 All members shall be able to read and interpret architectural drawings and to judge the affects of a proposed building, structure or sign upon the surrounding community. The Director of Community Development, or his designated representative, shall serve as secretary of the Board and shall have no voting status." Section 2. This Ordinance shall take affect from and after its passage and publication. Seconded by Councilman Bastian. Ayes - all. 2. Maplewood Firefighters Relief Association a. Manager Evans stated the Maplewood Firefighters Relief Association are re- questing Council approval to increase the Association's payment of $50 per year that was approved by the membership on January 25, 1981, and in accordance with State Statute. b. Mayor Greavu moved to approve an amendment to the Relief Association By -laws to increase the Associatio lewood Firef Seconded by Councilman Nelson. Ayes - all. I. VISITOR PRESENTATION 1. Mr. Sam Cave from ter Is to $650. a. Mr. Sam Cave, developer of Cave's Century Addition, stated he is requesting three things: 1. Vacation of Hawthorne Street - 2. Renewal of the original P.U.D. (it expires within a few weeks) 3. Elimination of the condition thatfront designs of the units are to be varied within 500 feet. b. Staff stated the vacation of Hawthorne is to be on the next Council Agenda. C. Mayor Greavu moved to extend approval of the Planned Unit;, Development of Cave's Century Addition for a 90 day period. Seconded by Councilman Bastian. Ayes - all. F. PUBLIC HEARINGS 1. Easement Vacation: Maple Green's Third Addition - 7:30 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding a proposal to vacate a sewer easement in Maple Green's Third Addition from Sterling Street. easterly 815 feet. The Clerk stated the dates of publication of the hearing notice and that the hearing notice was in order. b. Manager Evans presented the staff report recommending the following: - 5 - 2/5 Approval of the sanitary sewer easement vacation, based on the finding that it is in the interest of the public, since the old line is no longer used and the new one has been provided. Approval is subject to the applicant dedicating Outlot C to the City as public right —of —way as required by the preliminary plat approval. C. Commissioner Duane Prew presented the .following Planning Commission recommendation: "Commissioner Pellish moved the Planning Commission recommend to the City Council approval of the sanitary sewer easement vacation, based on the finding that it is in the interest of the public, since the old line is no longer used and the new one has been provided. Approval is subject to the applicant dedicating Outlot C to the City as a public right —of —way as required by the preliminary plat approval. Commissioner Fischer seconded. Ayes — all." d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilman Anderson introduced the following resolution and moved its adoption: 81 — 1 — 18 WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 412.851, thereof, the Maplewood City Council, upon Petition of a majority of the owners of the land abutting the sanitary sewer easement proposed to be vacated, and after a public hearing preceeded by two (2) weeks published and posted notice, proposes the vacation of the following described as the sanitary sewer easement located partly in the East Rose Avenue right —of —way and partly in lots 2, 3, 6, 7, 10, 11, 14 and 15, of block 2 and lots 19, 21 and 22 of Maple Greens Third Addition to wit: PROPERTY AFFECTED BY THE SEWER EASEMENT VACATION: Lots 19, 21 and 22 of block 1; Lots 2, 3, 6, 7, 10, 11, 14 and 15 of Block 2; and Outlot C; all of Maple Greens Third Addition (Subject to road). WHEREAS, the Maplewood City Council finds that the vacation of the above described sanitary sewer easement are in the interest of the public due to changing land uses and obsolete platting; NOW, THEREFORE, BE IT RESOLVED, by the City Council, Ramsey County, Minnesota, that the above described sanitary sewer be and hereby are, vacated and the City Clerk is hereby directed to prepare a notice of completion of the proceedings pur- suant to the provisions of Minnesota Statutes, Section 412.851 thereof, and shall cause the same to be presented to the County Auditor for entry upon his transfer records and the same shall be thereafter filed with the Ramsey County Recorder, subject to the applicant dedicating Outlet C to the City as public right —of —way. Seconded by Councilman Bastian. Ayes — all. — 6 — 2/5 2. Street Vacation: Century and McLean Avenues — 7:45 P.M. a. Mayor Creavu convened the meeting for a public. hearing regarding a proposal to vacate the westerly 33 feet of Century Avenue from the I -94 North service road to a point 845 feet north and McLean Avenue lying east of Trunk Highway 120. The Clerk stated the dates of, publication of the hearing notice. b. Manager Evans presented the staff report with the following recommendation: I. Vacation of the McLean Avenue right —of —way, lying east of Trunk Highway 120, subject to retention of a storm sewer easement over the north one —half of the right —of —way. Approval is recommended on the basis that: 1. Improvement of the right —of —way would be cost — prohibitive and not in the public interest. 2. McLean is not needed and its presence unnecessarily restricts the develop- ment potential of abutting properties. II. Vacation of the Century Avenue right —of —way from the I -94 North Service Road to a point 845 feet north, subject to: 1. The City of Oakdale vacating the east 33 feet of the subject right —of —way. 2. City Engineer approval of a private roadway easement over the existing street east of the U —Haul property, for joint use and maintenance by ad- jacent properties located in Oakdale and Maplewood. 3. Combination of the 3M and Schoch properties and removal of the single family dwelling. 4. Retention of a utility easement along the entire right —of —way to service NSP's transmission lines. (Easement to be defined by NSP). 5. Retention of a 30 foot wide storm sewer easement along the north half of the McLean Avenue right —of —way and 30 feet north of the easterly extension of McLean Avenue center line to the east line of Century Avenue. 6. Conditions must be satisfied within one year or conditional approval is null and void, unless renewed by Council action. III. Council authorization to sent a letter to the City of Oakdale requesting that any vaction of their half of Century Avenue be conditioned to allow for joint . use by adjacent properties, of an easement over the existing street east of the U —Haul property. Conditional approval is recommended on the basis that: 1. Development of adjacent properties would be consistent with the access require- ments of City Code. 2. Retention of the right —of —way is not necessary or in the public interest. 3. The presence of the right -of —way unnecessarly restricts the development of adjacent properties. — 7 — 2/5 C. Commissioner Duane Prew presented the following Planning Commission recommend- ation: "Commissioner Ellefson moved the Planning Commission recommend to the City Council the vacation of the McLean Avenue right —of —way, lying east of Trunk Highway 120, subject to retention of a storm sewer easement over the north one —half of the right — of way. Approval is recommended on the basis that: 1. Improvement of the right —of —way would be cost — prohibitive and not in the public interest. 2. McLean Avenue is not needed and its presence unnecessarily restricts the develop- ment potential of abutting properties. Commissioner Fischer seconded. Ayes — 9 Abstained — 2 (Chairman Axdahl and Commsssioner Whitcomb) Commissioner Pellish moved the Planning Commission recommend to the City Council the vacation of Century Avenue right -of —way from the north line of U —Haul property to a point approximately 700 feet north, subject to: 1. The City of Oakdale vacating the east 33 feet of the subject right —of —way. 2. Combination of the 3M and Schoch properties and removal of the single family dwelling. 3. Retention of a utility easement along the entire right —of —way to serviceNSP's transmission lines (Easement to be defined by NSP). 4. Retention of a 30 foot wide storm sewer easement along the north half of McLean Avenue right —of —way and 30 feet north of the easterly extension of McLean Ave- nue center line to the east line of Century Avenue. 5. Conditions must be satisfied within one year or conditional approval is null and void, unless renewed by Council action. Conditional approval is recommended on the basis that: 1. Development of adjacent properties would be consistent with the access require- ments of City Code. 2. Retention of the right —of —way is not necessary or in the public interest. 3. The presence of the right —of —way unnecessarily restricts the development of adjacent properties. Commissioner Ellefson seconded. Ayes — 4 (Commissioners Ellefson, Prew, Pellish, Sletten) Nays — 0 Abstained — 7 (Commissioners Kishel, Fischer, Whitcomb, Barrett, Axdahl, Hejny, Howard)" — 8 — 2/5 d. Mayor Greavu called for proponents and opponents. Tle following were heard: Mr. Elliott Hammond, U —Haul Sales, (objects to the vacation), stated it is needed for access. Mr. Bob Miller, Tobys,in favor of the vacation. Mr. Bob Solis, 3M Co., asked questions pertaining to the vacation (in favor).. e. Mayor Greavu closed the public hearing. f. Mayor Greavu introduced the following resolution and moved its adoption: (Vacation of McLean Avenue) 81 — 2 — 19 WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 412.851, thereof, the Maplewood City Council, upon Petition of amajority of the owners of the land abutting the (street and alley) proposed to be vacated, and after a public hearing preceeded by two (2) weeks published and posted notice, proposes the vacation of the following described as that part of McLean Avenue lying east of the southerly extension of the .east line of Lot 14, Block 5, Tannder's Lake Outlots and west of the southerly extension of the east line of Lot 16, Block 5, Tanner's Lake. -0utlots to wit: PROPERTY AFFECTED BY THE STREET VACATION: Lot 15 and 16, Block 5, and the north half of lots 1 and 2, Block 8, Tanner's Lake Outlets, Section 36, Tonwship 29, North and Range 22 West. WHEREAS, the Maplewood City Council finds thatthe - vacation of the above described street and alley are in the interest of the public due to changing land uses and obsolete platting; NOW, THEREFORE, BE IT RESOLVED, by the City Council, Ramsey County, Minnesota, that the above described (street and alley) be and hereby are, vacated and the City Clerk is hereby directed to prepare anotice of completion of the proceedings pursuant to the provisions. of Minnesota Statutes, Section 412.851 thereof, and shall cause the same to be presented to the County Auditor for entry upon his trans- fer records and the same shall be thereafter filed with the Ramsey County Recorder, subject to the retnetion of a storm sewer easement over the north one half of the right of way. Seconded by Councilman Anderson. Ayes — Mayor Greavu, Councilmen Anderson, Bastian and Nelson. Nays — Councilperson Joker. g. Mayor Greavu introduced the following resolution and moved its adoption: 81 — 2 — 20 WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 412.851, thereof, the Maplewood City Council, upon Petition of a majority of the owners of the land abutting the street proposed to be vacated, and after a public hearing preceeded by two (2) weeks published and posted notice, proposes the vacation of the following described west 1/2 of the Century Avenue right —of —way beginning at a point on the northerly line Trunk Highway No. 94, said point is located approxi- mately 330 feet north of the southeast corner of Section 36, Township 29, North,Range 22 — 9 — 2/5 West. Thence north along the centerline for Century Avenue for 845 feet and there .terminating. PROPERTY AFFECTED BY THE STREET VACATION Lot l and 16, Block 8, Tanners Lake Outlots Lot 1 and 16, Block 5, Tanners Lake Outlots WHEREAS, the Maplewood City Council finds that the vacation of the above described street are in the interest of the public due to changing land uses and obsolete platting; NOW, THEREFORE, BE IT RESOLVED, by the City Council, Ramsey County, Minnesota, that the above described street be and hereby is, vacated and the City Clerk is hereby directed to prepare a notice of completion of the proceedings pursuant to the provisions of Minnesota Statutes, Section 412.851 thereof, and shall cause the same to be presented to the County Auditor for entry upon his transfer records and the same shall be thereafter filed with the Ramsey County Recorder, subject to: a. Retention of a utility easement along the entire right -of -way to service NSP's transmission lines. - b. ..Retention of a 30 foot wide storm sewer easement along the north half of the McLean Avenue right -of -way and 30 feet north of the easterly extension of McLean Avenue center line to the east line of Century Avenue. C. The following described properties shall be combined to form one parcel: Lots 15 and 16, Block 5, Tanners Lake Outlets, together with the north half of Adjacent McLean Avenue. and The N 1/2 of Lots 1 and 2, Block 8, Tanners Lake Outlots, together with the south half of adjacent McLean Avenue. d. Conditions must be satified within one year or conditional approval is null and void. Seconded by Councilman Anderson. Ayes - Mayor Greavu, Councilmen Ander- son, Bastian and Nelson. Nays - Councilperson: Joker. 3. Amendment to Critical Area Plan - First Reading - 8:00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding proposed revisions to the Maplewood Critical Area Plan and Regulations. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. C. Councilman Bastian moved to continue this hearing until the first meeting of March, 1981 for further information. Seconded by Councilman Anderson. Ayes - all. 4. Code Amendment: Residential Estate District - First Reading a. Mayor Greavu convened the meeting for a public hearing regarding an amendment - 10 - 2/5 to establish a Residential Estates District (RE). The Residential Estates District will establish minimum lot.sizes of either 20,000, 30,000 or 40,000 square feet. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. C. Mayor Greavu called for proponents. The following were heard: Mr. Gordon Grant, 2134 Arcade Street. d. Mayor Greavu called for opponents. None were heard. e. Mayor Greavu closed - thepublic hearing. f. Councilman Anderson moved first r Estate District (RE). Seconded by Councilman Nelson. J. NEW BUSINESS 1. Assessment Cancellation: Hamper of an ordinance to establish a Residential Ayes — Councilperson Juker, Councilmen Anderson, Bastian and Nelson. Nays — Mayor Greavu. a. Manager Evans presented a letter from Mr. Robert Hamper requesting a reduction in current assessments to his property. The request stems from the fact that Mr. Hamper granted the City a drainage easement over a portion of his property. The balance of the assessment in question is $2,967.65 for the elevated storage tank (Project 75 -16). This assessment was levied on an area basis. Since approximate- ly 68% of Mr. Hampers property is now covered by a drainage easement, and the policy at the time the assessments were levied did not consider drainage easements in cal- culating total lot area, the request appears legitimate. It is recommended the City Council reduce the present assessment balance by 68% or $2,018.00 to a new present balance of $949.65. b. Mayor Greavu introduced the following resolution and moved its adoption: 81 -2 -21 WHEREAS, pursuant to resolution 78 -8 -174 of the City Council of Maplewood, Minnesota, adopted August 22, 1978, the special assessments for the construction of Water Improvement 75 -16, were levied against property described as 57 03800 276 01; WHEREAS, the City of Maplewood has a drainage easement on said property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the assessments for Water Improvement 75 -16, in the amount of $2,018.00 be, and the same are hereby cancelled. Seconded by Councilman Bastian. Ayes — all. 2. Fire and Life Safety Codes — First Reading — 11 — 2/5 A. Manager Evans presented the staff report. b. Mayor Greavu moved first reading of an ordinance to adopt the Uniform Fire Code. Seconded by Councilman Bastian. Ayes — all. C. Mayor Greavu moved first reading of an ordinance to adopt Chapter 101 of the National Fire Protection Association Code. Seconded by Councilman Bastian. Ayes — all. K. COUNCIL PRESENTATIONS 1. School Closing a. Councilperson Juker commented on proposed criteria for closing further schools. She requested the Council forward a letter to the school board opposing any further closing of schools in Maplewood. b. Councilperson Juker moved that the Council forward a letter to the Maplewood — North St. Paul School District 622 Board strongly opposing closing of any schools in Maplewood. Seconded by Mayor Greavu. 2. School Liaison Officer Ayes — all. a. Councilperson Juker questioned if the school liaison officer attended school dances. b. Staff will investigate. 3. City Hall a. Councilman Anderson stated he feels City offices should be all in one building. b. Council stated they would take a tour of the Public Works Facility, 1902 E. County Road B, Friday, February 13, 1981, at 10:00 A.M. 4. Close Atlantic Crossing a. Councilman Bastian stated he has received several calls regarding the Atlantic and English (at Highway 36) crossings. b. Staff is preparing a report on this subject and will be submitting the same to Council. L. ADMINISTRATIVE PRESENTATION 1. Suburban Court System a. Manager Evans stated Ramsey County Board. is considering closing three of the suburban courts and leaving the courts at Roseville and Maplewood open. — 12 — 2/5 b. Council directed staff to forward letters to all City legislative representatives indicating Maplewood's opposition to the Ramsey County Boards proposal to consolidate the municipal court system from five to two locations. M. ADJOURNMENT 9:52 P.M. Ci Clerk — 13 — 2/5