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HomeMy WebLinkAbout04.01.82MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Thursday, April 1, 1982 - Council Chambers, Municipal Building Meeting 82 -8 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 7:03 P.M. by Mayor Greavu. ti�YH111�N�1lR John C. Greavu, Mayor Present Norman L. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present MaryLee Maida, Councilmember Present C. APPROVAL OF MINUTES 1. Meeting No. 82 -6 (March 4, 1982) Councilmember Bastian moved to approve the Minutes of Meeting No. 82 -6 (March 4, 1982) as submitted. Seconded by Councilmember Anderson. D. APPROVAL OF AGENDA Ayes — Mayor Greavu; Councilmembers Anderson, Bastian and Maida. Nays — Councilmember Juker. Councilmember Bastian moved to approve the Agenda as amended: 1. Maplewood 2. Salary Adjustments 3. Video Games 4. Hearing Schedules 5. Commissioners 6. Dahl Court 7. Letter —Ann Heffron 8. Ramsey League 9. Arcade Street RE Setback — Building Permit Become Item F 4a 10. Cope Avenue 11. Battle Creek Seconded by Mayor Greavu. E. CONSENT AGENDA Ayes — all. Councilmember Bastian moved, seconded by Councilmember Anderson, Ayes — all, to approve _ the Consent Agenda as recommended: 1. Accounts Payable — 1 — 4/1 Approved the accounts (Part I — Fees, Services, Expenses, Check No. 000209 through Check No. 000266 — $99,176.69; Check No. 012810 through Check No. 012926 — $145,141.90: Part II Payroll — Check No. 03370 through Check No. 03492 — $54,492.36) in the amount of $298,810.951 2. Disposal of Old Financial Records Resolution No. 82 -4 -37 WHEREAS, M.S.A. 138.17 governs the destruction of city records; and WHEREAS,a list of records has been presented to the council with a request in writing that destruction be approved by the council; NOW, THEREFORE., BE IT RESOLVED BY THE CITY COUNCIL OF- MAPLEWOOD, MINNESOTA: 1. That the Finance Director is hereby directed to apply to the Minnesota State Historical Society for an order authorizing destruction of the records as described in the attached list. 2. That upon approval by the State of the attached application, the Finance Director is hereby authorized and directed to destroy the records listed. 3. Removing County State Aid Highway Designation Resolution No. 82 -4 -38 WHEREAS, the Board of Ramsey County Commissioners adopted a resolution on 1982, revoking the County State Aid Highway designations on the roads hereinafter described within the City of Maplewood under the :provisions of Minnesota Laws; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, that the roads described as follows: Prosperity Road (CSAH 64) from County Road B to White Bear Avenue (0.23 miles) McKnight Road (CSAH 68) from Minnehaha Avenue to Stillwater Avenue (0.57 miles) be, and hereby are, revoked as County State Aid Highways of Ramsey County subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized to forward two certified copies of this resolution to the Public Works Director of Ramsey County who will submit them to the Commissioner of Transportation of the State of Minnesota for his consideration. F. PUBLIC HEARINGS 1. Rezoning — 2010 Clarence Street — 7:00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Anthony Caron and Wendy DuFresne, 2010 Clarence, to rezone. Lot 11, Block 10 and accruing vacated street and alley, Gladstone Addition, Section 15, Township 29, Range 22 from M -1 Light Manufacturing to R -2 Double Dwelling district in order to construct a double dwelling. The Clerk stated the hearing notice was in order and noted the dates of publication. — 2 — 4/1 b. Manager Evans presented the staff report. C. Commissioner Fischer presented the following Planning Commission recommendation: "Commissioner Kishel moved the Planning Commission recommend the City approve the resolution to rezone lot 11, block 10, Gladstone Addition on the basis that: 1. The rezoning would be compatible with the Land Use Plan and the use of adjacent property. 2. The existing M -1 zone is not compatible with the area. Commissioner Fischer second. Ayes — Commissioners Axdahl, Prew, Pellish, Sletten, Whitcomb, Fischer, Hejny, Kishel, Howard." d. Councilmember Bastian moved to table Items F -1 and 2 to 7:46 P.M. on the agenda. Seconded by Councilmember Joker. Ayes — all. 3. Code Amendment: Accessory Apartments — First Reading — 7:15 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the proposal to amend the zoning code to allow accessory apartments within single dwellings by special exception permit. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. C. Commissioner Lorraine Fischer presented the following. Planning Commission recommendation: "Commissioner Prow moved the Planning Commission recommend the City Council adopt the proposed ordinance, amending Section 904.010 of the zoning code to permit accessory apartments within single dwellings, by special exception permit. Commissioner Fischer seconded Ayes — Commissioners Prew, Pellish, Sletten, Whitcomb, Fischer, Hejny, Kishel, Howard. Nays — Commissioner Axdahl." d. Mayor Greavu called for proponents. The following were heard: Mr. Grant Haffely, 1559 E. County Road C, stated he has an accessory apartment in his home and is in favor of the proposed ordinance. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilmember Joker moved first read of the zoning code to permit accessory a exception. Seconded by Councilmember Anderson 0 )artments within sin Ayes — Councilmembers Anderson and Joker. Nays — Mayor Greavu, Councilmembers Bastian and Maids. —3 — 4/1 ecia Motion failed. 4. Code Amendment: R E District Sideyard Setbacks — First Reading — 7:30 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the proposal to increase side yard setbacks in areas zoned R —E, Residence Estate District. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. C. Commissioner Lorraine Fischer presented the following Planning Commission recommendation: "Commissioner Kishel moved the Planning Commission recommend to the City Council approval of the proposed ordinance establishing minimum setbacks in the RE district. Commissioner Barrett seconded. Ayes — Commissioners Axdahl, Barrett, Ellefson, Fischer, Howard, Kishel, Pellish, Prew, Sletten, Whitcomb." d. Mayor Greavu called for proponents. The following were heard: Mr. Gordon Grant, 2134 Arcade Street; Mr. Richard Hagstrom, 2130 Arcade Street. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilmember Bastian moved first reading of an ordinance amending Section 910.050 increasing sideyard setbacks for RE Districts as follows.: R —E (20) R —E (30) R —E (40) 15 feet 20 feet 25 feet Seconded by Councilmember Joker. Ayes — all. 4. a Richard Hagstrom — 2130 Arcade Street — RE District (30) a. Mr. Richard Hagstrom, 2130 Arcade Street, presented the problems he has exper- ienced since purchasing his home at 2130 Arcade Street. He purchased the home from Mr. Voya Piletich. Mr. Piletich is constructing a dwelling to the south of his. Since there is a dispute as to where the property line is, it cannot be determined if Mr. Piletich's foundation is within City code as to setback. Mr. Hagstrom requested Council to provide any help they could in granting a delay in the construction of Mr. Piletich's home until something can be worked out. b. Following lengthy discussion, Councilmember Bastian moved to instruct staff to provide all the pertinent information regarding this matter to Council and — introduced the following resolution and moved its adoption: 82 -4 -39 WHEREAS, the City of Maplewood has exercised its police powers and has adopted zoning ordinances, including sideyard setbacks; and WHEREAS, the City has authorized site development by Voya Piletich at 860 — 4 — 4/1 Burke Court pursuant to conditions it had dutifully established at the public hearing; and WHEREAS, the exact property line between the site at 860 Burke Court and 2130 Arcade is in dispute so as to prevent precise determination of building locations, and further the line determination is vital to enforcement of ordinance provisions; THEREFORE, BE IT RESOLVED that from this date until June 3, 1982, the building permit issued to Voya Piletich for house construction at 860 Burke Court is suspended pending a hearing on why it should not be revoked so as not to allow violation of our ordinances and preserve the status quo of the parties involved in the lines determination. Seconded by Councilmember Maida. Ayes — all. 5. Code Amendment: Definition of Family — First Reading 7:45 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the proposal to amend the definition of "family" to limit the number of nonrelated members and to establish definitions for rooming and boarding houses. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. C. Commissioner Lorraine Fischer presented the Planning Commission recommendation: "Commissioner Kishel moved the Planning Commission recommend approval of the Zoning Ordinance amendment redefining family and adding definitions for rooming and board- ing houses. Commissioner Prew seconded. Ayes — Commissioners Axdahl, Prew, Pellish, Sletten, Whitcomb, Fischer, Hejny, Kishel, Howard. Commissioner Pellish moved the Planning Commission recommend approval of the Rental Housing Maintenance Code amendment revising the definition of rooming house to correspond to the Zoning Code definition (Section 214). Commissioner Prow seconded. Ayes — Commissioners Axdahl, Prew, Pellish, Sletten,. Whitcomb, Fischer, Hejny, Kishel, Howard." Commissioner Fischer also presented a recommendation from the H.R.A. 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. Councilmember Anderson moved first reading of an ordinance amending Section 916 to provide a definition of "family ". Seconded by Councilmember Maida. Ayes — all. h. Mayor Greavu moved first reading of an ordinance amending Section 214 relating to definition of rooming an boardinghouses. Seconded by Councilmember Bastian. Ayes — all. — 5 — 4/1 F -1 REZONING — 2010 Clarence Street (continued) e. Councilmember Anderson moved to continue this hearing until the next meeting and that staff notify the applicants. Seconded by Councilmember Bastian. Ayes — all. Mayor Greavu recessed the meeting at 9:17 P.M. to convene as the Board of Adjustments and Appeals. Mayor Greavu reconvened the meeting at 9:21 P.M. G. AWARD OF BIDS None. H. UNFINISHED BUSINESS None. I. VISITOR. PRESENTATIONS None. J. NEW BUSINESS 1. Final Plat: Maple Park Shores a. Manager Evans presented the staff report. b. The following area residents expressed their concerns about the type of devel- opment to be built and also that they did not wish to be assessed for any costs relating to this development: Mr. Jerry King, 1489 Lark Avenue Mrs. Betty Smith, 2239 Hazelwood Street Mr. Charles Bayles, 1445 Lark Avenue Mr. Charles Smith, 2239 Hazelwood Mrs. John Davis, 2210 Hazelwood Mr. Darrell Freer, 2255 Hazelwood Mrs. Hughes, 1547 E. Laurie Road c. Mayor Greavu moved approval of the Maple Park Shores Final Plat for a twenty unit townhouse development. Seconded by Councilmember Bastian. Ayes — all. 2. Sarrack: Off Sale Memorial Day a. Manager Evans stated he had received a copy of a letter from Sarrack's Off Sale Liquor requesting to be open on Memorial Day. b. Mayor Greavu moved first reading of an ordinance amending the liquor ordinance to allow off sale liquor establishments to be open on Memorial Day. Seconded. by Councilmember Anderson. — 6 — Ayes — Mayor Greavu, Councilmembers Anderson, Juker and Maida. 4/1 Nay – Councilmember Bastian. 3. T.H. 61 — Frontage Road – Feasibility Study. a. Manager Evans presented the feasibility report for the above referenced project. It is suggested that the Council establish May 6, 1982 as a hearing date. b. Mayor Greavu introduced the following resolution and moved its adoption: 82 – 4 – 40 WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare a report with reference to the improvement of the frontage road east of T.H. 61 by construction of street, storm sewer, sanitary sewer, water – main and appurtenances;- WHEREAS, the said City Engineer has prepared the aforesaid report for the improvement herein described: 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 Maplewood Drive (T.H.- 61 East Frontage Road) by construction of street, storm sewer, sanitary sewer, watermain 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 assessment of benefited property for all or a portion of the cost of the improvement according to M.S.A._ Chapter 429 at an esti- mated total cost of the improvement of $674,800.00. 3. A public hearing will be held in the Council Chambers of the City Hall at 1380 Frost Avenue on Thursday, the 6th day of May, 1982, at 7:00 p.m. to consider said improvement. The City Clerk shall give mailed and published notice of such hearing and improvement as required by law. Seconded by Councilmember Anderson. Ayes – all. 4. Liquor License – Given – Keller Clubhouse a Manager Evans stated that in the past it has been the usual practice for Keller Clubhouse to apply for renewal of their On Sale Liquor License in the spring instead of renewing when they are due. This practice was acceptable as long as we had available on –sale liquor licenses; however, as you are aware, this situation no longer exists so they have been sent the attached notice. There appears to be nothing on the file at this time to prevent the .City Council from authorizing the issuance of this license for 1982. b. Mayor Greavu introduced the following resolution and moved its adoption: 82 -4 -41 RESOLVED, that the City Council of Maplewood, Minnesota does hereby approve the 1982 On Sale Intoxicating Liquor License for Thomas Given, dba Keller Clubhouse, subject to applicant meeting all requirements. – 7 – 4/1 K. BE IT FURTHER RESOLVED that Thomas Given dba Keller Clubhouse, be notified that they will have to renew their license when the renewal is due November 15th of each year. Seconded by Councilmember Maida COUNCIL PRESENTATIONS 1. Maplewood Bowl Ayes - .Mayor Greavu, Councilmembers Bastian and Maida. Nays - Councilmembers Anderson and Juker. a. Councilmember Juker commented on several problems that are occuringat the Maplewood Bowl. b. Councilmember Bastian moved to instruct the Manager to invite the management of Maplewood Bowl to attend a Council meeting, at their convenience, to discuss the various problems. Seconded by Councilmember Juker. Ayes - all. 2. Salaries a. Assistant Fire Marshal Councilmember Juker moved that the Assistant Fire Marshal be given a step increase, for this year only, in addition to the previously approved 7.5% increase. Seconded by Councilmember Anderson. Ayes - all. b. Public Works Director Councilmember Juker moved an additional 3.5% salary increase for the Director of Public Works. Seconded by Councilmember Anderson. Councilmember Bastian moved to make an ad increasine their salary increases to 8 %.f Seconded by Councilmember Anderson Voting on original motion. Motion defeated. tment to all non -union Dersonnel Ayes - Councilmembers Anderson, Bastian and Maida. Nays - Mayor Greavu, Councilmember Juker. Ayes - Councilmembers Anderson and Bastian. Nays - Mayor Greavu; Councilmembers Juker and Maida. Councilmember Juker moved to reconsider the previous motion. Seconded by Councilmember Bastian. Ayes - Councilmembers Anderson, Bastian - 8 - 4/1 Juker and Maids. Nays - Mayor Greavu. Councilmember Bastian restated the motion: 3.5% salary increase for the Director of Public Works and adjustment of an increase to 8% for non -union personnel for 1982 and approved a budget transfer from the Contingency Account to cover the increases. Seconded by Councilmember Bastian. 3. Video Games Ayes - Councilmembers Anderson, Bastian Juker and Maida. Nays - Mayor Greavu.. a. Councilmember Juker questioned what the City charges for video games. It was requested staff look into what other communities charge. Also, look into other fees for various licenses and permits. 4. Hearing Schedules a. Councilmember Maids, requested: that Council procedures regarding voting an motions, etc. be posted. It was also requested that the Chairman announce that there is a copy of the proceudres available at the entrance to the Council Chambers. 5. Commissioners a. Councilmember Maida requested a copy of all the commission and board members names, addresses and telephone numbers. 6. Dahl Court a.. Councilmember Maida stated on Dahl Court - thereare two diamond shaped signs on one post and perhaps this should be corrected. 7. Letter, Ann Heffron,102 years old a. Councilmember Anderson stated he had received a letter from the Maple Manor Nursing Home regarding a resident who will be celebrating her 102nd birthday. b. Councilmember Anderson moved that congratulations from the Council be forwarded to Ann Heffron on her 102nd birthday. Seconded by Councilmember Juker. Ayes - all. 8. Ramsey League a. Councilmember Anderson stated he had received a notice from the Ramsey County League requesting the City rejoin the League. b. Staff to investigate the present charge to join the Ramsey League. 9. Arcade Street Discussed under F -4 -a. - 9 - 4/1 U 10. Cope Avenue a. Mayor Greavu questioned what is happening regarding the zoning and proposed zoning on the Cope Avenue property that had been in litigation. Why did the Plan- ning Commission table action? b. Commissioner Lorraine Fischer stated the Planning Commission needed more in- formation. 11. Battle Creek - Water Shed a. Mayor Greavu requested the staff check into what is happening to the interest on the bonds that were obtained for the Battle Creek improvements. b. Manager Evans stated the City had received the final assessment notices for the Battle Creek Project 1. C. Councilmember Bastian moved to instruct the ments billed by the Ramsev Washineton Watershed Seconded by Mayor Greavu. L. ADMINISTRATIVE PRESENTATIONS None. M. ADJOURNMENT 10:50 P.M. - 10 - Ayes - all. ney to appeal the assess- or Battle Creek Proiect 1 City Clerk 4/1