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HomeMy WebLinkAbout03.04.82A MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Thursday, March 4, 1982 Council Chambers, Municipal Building Meeting No. 82 -6 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 7:13 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present MaryLee Maida, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes No. 82 -3 (February 4, 1982) a. Councilmember Anderson moved to approve the Minutes of Meeting No. 82 -3 (February 4. 1982) as submitted. Seconded by Mayor Greavu. Ayes — all.. 2. Minutes No. 82 -4 (February 10, 1982) a. Mayor Greavu moved to approve the Minutes of Meeting No. 82 -4 (February 10, 1982) as submitted. Seconded by Councilmember Anderson. Ayes — all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the agenda as amended: 1. Community Design Review Board 2. Maplewood Pending Legislation 3. Park Ordinance — Nature Center 4. Paraphenalia Ordinance 5. Anti Pornography 6. Comparable Worth Ordinance 7. Mobile Home Use — Bank Facilities 8. R.E. District — Setback Issue 9. Maplewood Lobbyist 10. Carnival Letter 11. Metro Water Shed District — Battle Creek 12. Maplewood vs Kavanagh 13. Beam Avenue Assessments Seconded by Councilmember Maida. Ayes — all. E. CONSENT AGENDA — 1 — 3/4 Councilmember Anderson, seconded by Councilmember Bastian, Ayes — all, moved to approve the Consent Agenda Items 1 thru 3 as recommended. 1. Accounts Payable Approved the accounts (Part I, Fees, Services, Expenses, Check No. 000110 through Check No. 000158 — $62,279.77; Check No. 012615 through Check No. 012694 — $179,649.89; Part II — Payroll Check No. 03004 through Check No. 03129 — $39,816.14) in the amount of $281,775.80. 2. Temporary Gambling License — Hill Murray Approved a temporary gambling permit for Hill Murray High School for a raffle on April 3, 1982. 3. Permanent Gambling License — Hill Murray Approved a gambling permit requested by Hill— Murray High School Alumni Parents for the remainder of 1982 to hold a raffle. F. PUBLIC HEARING 1. Street Vacation: Tierney Avenue a. Mayor Greavu reconvened the public hearing regarding the vacation of Tierney Avenue from Myrtle Street to McKnight Road. This hearing is continued from January 7, 1982 meeting. b. Manager Evans presented the staff report. C. Several of the residents spoke on behalf of the vacation.. d. Councilmember Bastian moved to table this hearing until such time as the Park Plan for the area is completed. - Seconded by Councilmember Anderson. Ayes — all. 2. Assessment Roll: Dorland Road — Hillwood Drive — Linwood Avenue — 7:15 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the adoption of the assessment roll for Dorland Road — Hillwood Drive Improvement 78 -10. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. C. City Attorney John Bannigan explained the procedures for the assessment hearing. d. Assistant City Engineer David Pillatzke presented the specifics of the proposed assessment rolls. The proposed assessment rates compare favorably to the rates estimated for the last Public Hearing: Assessment Rates Assessment Public Description Hearing Hearin Watermain - $ 23.39/FF $ 22.42/FF Water Services 416.59 /each 579.13 /each Sanitary Sewer 27.86 31.65/FF — 2 — 3/4 Sanitary Services 419.81 /each 467.62/FF Storm Sewer 0.0913 /SF 0.102 /SF Streets .(Assessed) 50.00 /FF 50.00 /FF Streets (Developer) 79.78/FF 94.62/FF Assessment costs to a typical 12,000 S.F.lot with an 80' frontage: Assessment Public Description Hearing Hearin Watermain Sanitary Sewer Services Street Storm Sewer TOTAL... $ 1,871.20 2,357.60 836.40 4,000.00 1,095.60 $10,160.80 $ 1,793.60 2,532.00 1,146.75 4,000.00 1,225.20 $10,697.52 The developer, Castle, Design and Development Co., Inc. has entered into a development agreement with the City of Maplewood for their share of the project costs. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. The following were heard: Mr. Mike Black, attorney representing Mr. Bulluch, 2349 Linwood Avenue Mr. Kenneth Benson, 1349 Vincent Avenue No., Minneapolis Mr. Joseph Cox, 622 So. McKnight Road Ms. Shiela Wood, 622 So. McKnight Road Mr. Ken Gervais, the developer, explained the portion of assessments he is paying Mr. Stefan Ifkewitsch, 2313 Linwood Avenue Mr. George Oxford, 2305 Linwood Avenue Mrs. Judy Becklund, 2325 Linwood Avenue Mr. David Stahnke, 2383 Linwood Avenue Mr. Nicholas Blees Mr. Harry Niezgocki, 2303 Dahl Avenue. Mr. LeRoy Herauf, 2295 Dahl Avenue Mr. Richard Krois Mr. Harold.Elstrom, 2308 Dahl Court(Written) Mr. Edwin Caldie, -2300 Dahl Court (Written) Mr. Daniel Fesler, 2298 Dahl Court Mr. Michael Meis, 2296 Dahl Court Ms. Patricia Savo, 2270 Dahl Court g. Hearing tabled to later in agenda in order to investigate the availability of a meeting place to hear appeals. G. AWARD OF BIDS None. H. UNFINISHED BUSINESS 1. Code Amendment — Quad and Double Dwelling Design (2nd Reading) a. Manager Evans stated on February 4, 1982, the Council voted to reconsider this ordinance at the February 18 meeting. The Community Design Review Board recommended approval on February 19, 1980. — 3 — 3/4 b. Mr. Steve Oman, Charter Development, spoke against the ordinance. C. Mr. Fred Haas, Marvin Anderson Construction, spoke against the ordinance. d. Tabled proposed ordinance discussion until after Item F -1 is completed. F. PUBLIC HEARINGS (continued) h. Mayor Greavu closed the public hearing. i. Councilmember Anderson introduced the followine resolution and moved its adoption: 82 — 3 — 32 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the construction of sanitary sewer, water main, storm sewer, and street paving as described in the files of the City Clerk as Project Number 78 -10, and has amended such proposed assessment as it deems just; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment for sanitary sewer, water mains, street paving and storm sewer shall be payable in equal annual installments extending over period of 19 years, the first of the installments to be payable on or after the first Monday in January, 1983, and shall bear interest at the rate of Thirteen (13) per cent per annum from September 10, 1982, To the first installment shall be added interest on the entire assessment from September 10, 1982 until December 31, 1982. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such proper- ties make such assessment feasible. 4. To the extent that this improvement benefits nonabutting properties which may be served by the improvement when one or more later extensions or improve- ments are made, but which are not herein assessed therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the City by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. — 4 — 3/4 Seconded by Mayor Greavu. Ayes - all. UNFINISHED BUSINESS 1. Code Amendment: Quad and Double Dwelling Design (2nd Reading) (continued) e. Mr. Greg Schmidt, Castle Design, spoke against the proposed ordinance. f. Councilmember Bastian moved to table the ordinance Motion died for lack of a second. ' g. Councilmember Anderson moved to remove the Community Design Review Board from the ordinance requirement and place the Director of Community Development in the Community Design Review Board's requirement and require design change every 1000 rooms Seconded by Councilmember Juker. Ayes - Councilmembers Anderson, Bastian, Juker and Maida Nays - Mayor Greavu. h. Councilmember Anderson moved to reconsider previous motion. Seconded by Councilmember Juker. Ayes - Councilmember Anderson, Bastian, Juker and Maida. Nays - Mayor Greavu. I. Councilmember Anderson moved to remove the Community Design Review Board fro[ the proposed ordinance and place the Director of Community Development in the re- s. Seconded by Councilmember Juker. Ayes - Councilmembers Anderson and Juker. Nays - Mayor Greavu, Councilmembers Bastian and Maida. j. Councilmember Juker moved.second reading of an ordinance to regulate the design of Quad and Double dwellings. Seconded by Councilmember Anderson. Ayes - Councilmembers- Anderson and Juker. Nays - Mayor Greavu,Councilmembers - Bastian and Maida. I. VISITOR PRESENTATIONS None. J. NEW BUSINESS 1. Disposal Site Proposal a. Manager Evans stated the excavation of the ponds and roadways within the Hillwood- Dorland 78 -10 project will generate approximately 33,000 cubic yards of excess material which must be hauled off of the project site. On past projects the contractor has been responsible to dispose of excess material at locations of his choice. Under this improvement we have suggested that the contractor be directed to dispose of material on City properties that require filling. We have discussed this consider- ation with the Department of Community Services in relation to providing fill for - 5 - 3/4 the City's park properties. The fill will enable site improvements to be made on two parks at no cost to the City: 1. Mailand Road Site (Crestwood Knolls.Addition). 2. Pleasantview Park (Pleasantview Park Addition).. b. The following residents of the Pleasantview Park Addition want the fill for the park closest to them, but do not wish truck travel on Marnie Street: Mr. Dean Sherburne, 1078 Marnie Street Mr. Allen Robe, 2451 Marnie Avenue Mr. William Parker, 1058 Marnie Street Mr. Louis Sebeczek, 1016 Marnie Street Mr. Michael Garvey, 2461 Nemitz Avenue Mr. Richard Walverton, 992 Marnie Street Mr. Albert Fabio, 1068 Marnie Street Mr. Dean Wohlhuter, 1024 Marnie Street Mrs. Shirley Hanson, 983 Marnie Street c. Councilmember Bastian moved to approve the Mailand Road disposal site and the Pleasantview Park disposal site with the condition the trucks carrying the dirt from Project 78 -10 use only Sterling Street and if this is not possible to find r aump s Seconded by Councilmember Maida. 2. Cable T. V. 3 Ayes - Councilmembers Anderson, Bastian, Juker and Maida. Nays - Mayor Greavu. a. Manager Evans stated the Ramsey /Washington Counties Suburban Cable Commission is recommending that the City Council adopt a policy stating they will prohibit contact by cable companies with any individual' "elected official of that City from this date on. b. Mayor Greavu moved to adopt the policy as stated by the Manager. Seconded by Councilmember Anderson. Ayes - all. Teflon Bullet Ordinance a. Councilmember Bastian moved to table this ordinance until after the State Leg- islative session is completed, as they are discussing such an ordinance. Seconded by Mayor Greavu. Ayes - all. b. Councilmember Juker moved first reading of an ordinance prohibiting teflon bullets. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Joker and Maida. Councilmember Bastian abstained. -6- 3/4 4. Salaries — Metro Supervisors Association and Others a. Manager Evans presented the staff report. b. Councilmember Bastian moved to approve the contract with the Metro Supervisors Association as stated by the Manager. Seconded by Councilmember Juker. Ayes — all. C. Councilmember Bastian moved a budget transfer of monies from the Manager's Rental Equipment to the Manager's Vehicle Allowance at $200.00 per month and eliminate _ the Manager's City car. Seconded by Councilmember Anderson. Ayes — all. d. Mayor Greavu moved to table discussion of "others" salaries until Wednesday evening March 10. 1982. Motion died. e. Councilmember Bastian moved to adopt the .non union personnel salary increases as follows: City Manager — 8% Finance Director — 8% Director of Public Safety — 6% Deputy Police Chief — 6% City Clerk — 6.7% Director of Public Works — 9.5% Director of Community Development — 6.7% Lieutenants — 8% Director of Community Services — 5.3% Fire Marshal — 7.5% - Assistant Fire Marshal — 7.5% Manager's Secretary — 7% Athletic Coordinator — 5.3% and approved benefits as stated by the Manager (Benefits same as Metro Association report). Seconded by Councilmember Anderson. Ayes — Councilmembers- Anderson, Bastian and Maida. Nays — Mayor Greavu, Councilmember Juker. Councilmember Juker stated she voted 'nay' because she felt longevity should hold merit. 5. Increase in Special Assessment Interest Rate. a. Manager Evans presented the staff report. b. Councilmember Anderson moved that the interest on new be increased from 11% to 13 %. Seconded by Councilmember Bastian. Ayes — all. K. COUNCIL PRESENTATIONS — 7 — ial assessment rolls 3/4 1. Community Design Review Board a. Councilmember Anderson moved to place discussion of the Communi Board be Placed on the agenda for the first meeting inADri1. Seconded by Councilmember Bastian. Ayes — all. 2. Maplewood Pending Legislation Design Review a. Councilmember Bastian stated that the Maplewood Drainage Bill was voted down today in the Senate. b. Councilmember Bastian stated the Maplewood bill to allow issuing Industrial Revenue Notes to build motels or hotels was passed. C. Councilmember Bastian brought the Council up to date on the following proposed legislation: 1. Paraphenalia Ordinance 2. Anti Pornography 3. Comparable Worth Ordinance 4. Workman's Comp 5. Special Assessment Districts 7. Mobile Home Use — Bank Facilities a'. Councilmember Bastian questioned why the Western State Bank facilities did not need a special use permit to operate out of a mobile home. b. .Staff will invistigate. 8. R.E. Districts — Setback Issue a. Councilmember Bastian stated Mr. Hagstrom on Arcade Street came before the Council requesting something be done regarding. RE District setbacks. b. This issue will be on the .1st meeting in April -. 9. Maplewood Lobbyist a. Councilmember Bastian stated he felt that one of the Council should act as a Maplewood Lobbyist to help explain the City's position on legislation. b. Council will review the possibility. 10. Carnival Letter a. Councilmember Bastian wished to go on record as not being overly concerned re- garding having the winter carnival treasure buried in Maplewood. 11. Ramsey County Minutes — Battle Creek Assessments a. Mayor Greavu questioned what is happening with the interest that is accumulating from the bonds for the Battle Creek assessments. b. The City Attorney will investigate. — 8 — 3/4 L. ADMINISTRATIVE PRESENTATION L... Maplewood Vs Kavanagh a. City Attorney John Bannigan stated the Supreme Court had denied Kavanagh's appeal. 2. Beam Avenue Assessment a. City Attorney John Bannigan brought the Council up to date on the Beam Avenue assessment appeals. M. ADJOURNMENT 11:00 P.M. City Clerk - 9 - 3/4