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HomeMy WebLinkAbout07.26.82MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, July 26, 1982 Council Chambers, Municipal Building Meeting No.'82 -18 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 7:04 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. Joker, Councilmember - Present MaryLee Maida, Councilmember Present C. APPROVAL OF MINUTES 1. Meeting No. 82 -15 (June 28, 1982) Councilmember Anderson moved to approve the Minutes of Meeting No. 82 -15 (June 28, 1982 as submitted. Seconded by Councilmember Joker. Ayes - all. 2. Meeting No. 82 -16 (July 12, 1982) Councilmember Joker moved to approve the Minutes of Meeting No. 82 -16 (July 12, 1982) as submitted. Seconded by Councilmember Anderson 3. Meeting No. 82 -17 (July 15, 1982) Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Juker. Councilmember Maida abstained. Councilmember Bastian moved to approve the Minutes of Meeting No. 82 -17 (July 15, 1982) as submitted. T Seconded by Councilmember Anderson. D. APPROVAL OF AGENDA Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Juker. Councilmember Maida abstained. Councilmember Anderson moved to approve the agenda as amended: 1. Voting Procedures - Council 2. 25th Anniversary 3. Liquor Industry 4. Valley Branch Correspondence 5. Council Procedures - Amendment 6. Surplus Property - 1 - 7/26 Seconded by Mayor Greavu. E. CONSENT AGENDA Ayes — all.. Councilmember Bastian moved, seconded by Councilmember Anderson, Ayes — all, to approve the Consent Agenda Items 1 through 5 as recommended: 1. Accounts Payable Approved the accounts (Part - Fees, Services and Expenses — Check No. 000648 through Check No. 000704 — $279,794.44; Check No. 013672 through Check No. 013821 — $110,920.37: Part II Paryoll — Check No. 04412 through Check No. 04537 — $60,068.53) in the amount of $450,783.34. 2. Revenue Sharing Audit Authorized the appropriate City officials to execute the agreement with DeLaHunt Voto & Co. Ltd. for the special audit of the City's. Revenue Sharing Fund as required to be completed by September 30, 1982. The estimated cost is $2,220.00. 3. Time Extension — Carsgroves Meadows Approved a one year time extension for the preliminary plat approval for Carsgroves Meadows First and Second Addition subject to all original conditions and on the basis that construction of the Forest Street project is in progress.. 4. Time Extension — Schwichtenberg Addition Approval of a one year time extension for the Schwichtenberg Addition preliminary plat subject to the original conditions. 5. Final Plat — Adrienne's Addition Approved the final plat for Adrienne's Addition. E — 1 Adolphus Street Sanitary Sewer Assessments a. The Council had met earlier as a Fact Finding Board to review the appeals to the Adolphus Street Improvement 81 -4 assessments. b. Councilmember Maida moved to amend the assessment roll as follows: Code No. Name Action 57 63300 090 01 57 63300 060 02 57 01710 050 36 57 01710 020 66 57 01710 030 66 Chester Kramer, 1882 Beaumont Cancel Assessment $296.50 Oscar H.Riveness,.1879 Beaumont Cancel Assessment $296.50 C.R. Sandmeyer Claire 0. Dahlquist Ronald W. Dahlquist Reduce from 3 units to 2 units — $296.50 Reduce from 6 units to 3 units — $889.50 Reduce from 5 units to 3 units — $593.00 — 2 — 7/26 Seconded by Councilmember Anderson. Ayes — all. PUBLIC HEARINGS 1. P.U.D. Preliminary Plat and Alley Vacation — English Street Townhouses a. Mayor Greavu convened the meeting for a public hearing regarding the request of Citation Corporation for a planned unit development consisting of 72 units (nine double dwellings, two three plexes and twelve four plexes); a preliminary plat for Phase I (12 units consisting of two double dwellings and two four plexes); vacation of the alley right of way east of English Street, south of Cope Avenue, extending to the railroad right of way. The property located south of Cope Avenue and east of English Street. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. C. Commissioner Dorothy Hejny presented the Planning Commission recommendation: "Commissioner Kishel moved the Planning Commission recommend to the City Council approval of the PUD for the entire project, subject to the following conditions: 1. The first building permit must be approved within one year or Council must approve a time extension. 2. A protective planting screen, to be approved by the Community Design Review Board, shall be provided between the four— plexes and the railroad tracks. Commissioner Howard seconded. Ayes — Commissioners Axdahl, Barrett, Fischer, Hejny, Howard, Kishel, Pellish, Prew, Whitcomb Commissioner Pellish moved the Planning Commission recommend to the City Council approval of the preliminary plat for phase one, subject to completing the following conditions before final plat approval: 1. Suitable arrangements be made with the City Engineer to provide sewer and water services from Cope Avenue. 2. A final grading and drainage plan be approved by the City Engineer. 3. Dedication of an additional thirty foot utility easement along the east side of block one. 4. Submission of an erosion control plan. 5. Submission of a developer's agreement to construct a ten foot wide bituminous path with a split rail fence on each side. 6. Approval of the by —laws and rules of the homeowners' association to ensure that all common areas will be maintained. Commissioner Barrett seconded. Ayes — Commissioners Axdahl, Barrett, Fischer, Hejny, Howard, Kishel, Pellish, Prew, Whitcomb Commissioner Fischer moved the Planning Commission recommend the City Council grant approval to vacate the twenty foot wide alley that runs along the south side of phase one, from English Street to the railroad tracks, subject to final plat approval. Commissioner Kishel seconded. Ayes — Commissioners Axdahl, Barrett, Fischer, Hejny, Howard, Kishel, Pellish, Prew, Whitcomb." d. Mr. John Newell, Citation Corp., 93 W. Little Canada Road, stated he agreed to all the conditions. — 3 — 7/26 e. Mayor Greavu called for proponents f. Mayor Greavu called for opponents. None were heard. Mr. Fred Seibert, 408 W. Arlington, President of Skateboard Park, is not opposing the proposal, but questioned how it would affect his property. g. Mayor Greavu closed the public hearing. h. Mayor Greavu moved to Citation Corp. for the pr Street subiect to the fol ethe Planned Unit Development as requested by the located south of Cope Avenue and east of English _ conditions: 1. The first building permit must be approved within one year or Council must approve a time extension. 2. A protective planting screen, to be approved by the Community Design Review Board, shall be provided between the four - plexes and the railroad tracks. 3. Approval of street alignment or drainage plan is not included. Seconded by Councilmember Anderson. Ayes - Mayor Greavu,- Councilmembers Anderson, Bastian and Maids. Nays - Councilmember Juker. i. Mayor Greavu moved to approve the preliminary plat for phase one as requested by Citation Corp subject to completing the following conditions before final plat approval: 1. Suitable arrangements be made with the City Engineer to provide services from Cope Avenue. - 2. A final grading and drainage plan be approved by the City Engineer. 3. Dedication of an additional thirty foot utility easement along the east side of Block one. 4. Submission of an erosion control plan. 5. Submission of a developer's agreement to construct a ten foot wide bituminous path with a split rail fence on each side. 6. Approval of the by -laws and rules of the homeowners' association to ensure that all common areas will be maintained. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Maida. Nays - Councilmember Juker. j. Mayor Greavu introduced the following resolution and moved its adoption: 82- 7 -92 WHEREAS, Citation Corporation has initiated these proceedings to vacate the public interest in the following described real property: The twenty foot wide alley in block 4 of Sabin Addition to Gladstone, abutting lots 1 - 33; WHEREAS, the procedural history of the vacation application is as follows: 1. That an application for vacation was initiated by the Citation Corporation on the 28th day of May, 1982; 2. That said vacation has been referred to and reviewed by the Maplewood Plan- ning Commission on the 19th day of July, 1982, and referred back to the - 4 - 7/26 Maplewood City Council with the recommendation of approval; 3. That pursuant to the provisions of Minnesota Statutes, Section 412.851 a public hearing was held on the 26th day of July, 1982 preceded by two —weeks published and posted notice at which meeting the City Council heard all who expressed a desire to be heard on the matter, considered the Planning Commission recommendation and staff reports. WHEREAS, upon vacation of the above described alley, public interest in the property will accrue to the following described abutting properties: Lots 1 -33, Block 4, Sabin Addition to Gladstone. NOW, THEREFORE, BE IT RESOLVED, that the Maplewood City Council finds that it is in the public interest to grant the above described vacation on the finding that the alley serves no public purpose. Be it further resolved, that the City Clerk be and hereby is directed to prepare a notice of completion of the proceedings pursuant to the provisions of Minnesota Statutes, Section 412.851 and shall cause the same to be presented to the County Auditor for entry in his transfer records and that the same shall be thereafter filed with the Ramsey County Recorder. Seconded by Councilmember Anderson 2. Street Vacation — Southlawn 7:15 P.M. Ayes — Mayor Greavu, Councilmembers- Anderson, Bastian and Maida.. Nays — Councilmember Joker. A. Mayor Greavu convened the meeting for a public hearing regarding the request of Lavern and Barbara Oszman to vacate Southlawn Drive between Demont and English. The Clerk stated the hearing notice was in order and noted the dates of publication. b. Manager Evans presented the staff report. _ C. Commissioner Dorothy Hejny presented the following Planning Commission recom- mendation: "Commissioner Kishel moved the Planning Commission recommend approval of the vacation of Southlawn Drive south of Edgehill Road, on the basis that it would be in the best public interest since: 1. The topography of the right —of —way is steep and, therefore, not conducive to street construction. 2. The subject right —of —way is not needed for any public utility. Commissioner Hejny seconded. Ayes — Commissioners Axdahl, Barrett, Fischer, Hejny, Howard, Kishel, Pellish, Prew, Whitcomb." d. Mrs. Barbara Oszman, 1774 Edgehill Road, the applicant, spoke on behalf of the proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. — 5 — 7/26 h. Mayor Greavu introduced the following resolution and moved its adoption: 82 — 7 — 93 WHEREAS, Lavern A. and Barbara J. Oszman have initiated these proceedings to vacate the public interest in the following described real property: All of Southlawn Drive lying between the easterly extension of the north line of Lot 1, Block 5, Crestmoor Addition and the easterly extension of the south line of Lot 6, Block 5,Crestmoor Addition. WHEREAS, the procedural history of the vacation application is as follows: 1. That an application for vacation was initiated by Lavern A. and Barbara J. Oszman on the 28th day of May, 1982; 2. That a majority of the owners of property abutting said street have signed a petition for the above - described vacation; 3. That said vacation has been referred to and reviewed by the Maplewood Planning Commission on the 19th day of May, 1982 and referred back to the Maplewood City Council with the recommendation of approval; 4. That pursuant to the provisions of Minnesota Statutes, Section 412.851 a public hearing was held on the 26th day of July, 1982 preceded by two —weeks published and posted notice at which meeting the City Council heard all who expressed a desire to be heard on the matter, considered the Planning Commission recommendation and Staff reports. WHEREAS, upon vacation of the above — described street, public interest in the property will accrue to the following described abutting properties: Lots 1 through 6, Block 5,Crestmoor Addition and Lots 10 through 13, Block 1 Crestmoor Addition. NOW, THEREFORE, BE IT RESOLVED, that the Maplewood City Council finds that it is in the public interest to grant the above — described vacation on the following findings of fact: 1. The topography of the right —of —way is steep and, therefore, is not conducive to street construction; 2. The subject right —of —way is not needed for any public utility. BE IT FURTHER RESOLVED, that the City Clerk be and hereby is directed to prepare a notice of completion of the proceedings pursuant to the provisions of Minnesota Statutes, Section 412.851 and shall cause the same to be presented to the County Auditor for entry in his transfer records and that the same shall be thereafter filed with the Ramsey County Recorder. Seconded by Councilmember Maida. Ayes — all. AWARD OF BIDS 1. Bituminous Seal Coating a. Manager Evans presented the staff report. — 6 — 7/26 b. Mayor Greavu introduced the- following resolution and moved its adoption: 82- 7 -94 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Allied Blacktop Company in the amount of $27,301.60 is the lowest responsible bid for Bituminous Seal .Coating, Project No. 82 -10, and the Mayor and Clerk are hereby authorized and directed to enter into a contrac -t with said bidder for and on behalf of the City. Seconded by Councilmember Bastian. Ayes - all. 2. Bituminous Overlay a. Manager Evans presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption_ 82- 7 -95 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Northwest Asphalt, Inc. in the amount of $86,304.00 is the lowest responsible bid for the Bituminous Overlay, Project No. 82 -11, 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. Seconded by Councilmember Bastian. Ayes - all. 3. Adolphus Street Sanitary Sewer a. Manager Evans presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 82 -7 -96 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Orfei and Sons,. Incorporated in the amount of $206,025.69 is the lowest responsible bid for the construction of Adolphus Street Trunk Sanitary Sewer Replacement 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. Seconded by Councilmember Bastian. Ayes - all. H. UNFINISHED BUSINESS None. I. VISITOR PRESENTATION None. _. NEW BUSINESS 1. Revise Assessment Roll - Hazelwood and Dorland 7 - 7/26 a. Manager Evans stated the assessment for the above referenced project was adopted on March 4, 1982 which preceded the actual construction of the municipal improvements. During the course of the construction the number of sanitary sewer and water services were revised as requested by the property owners to meet future needs. All of the affected property owners confirmed the changes by signing statements acknowledging their request for added services and the additional assessment costs associated with the changes. A list of the requested revisions is as follows: Assessment Changed No. Parcel Items Amount 49 57 01200 060 57 Add 3 Water Services @ $416.59/ea. +$1,249.77 Add 3 San.Services @ $419.81/ea. +$1,259.43 These service costs should be apportioned to the northerly portion of the recent lot split. 52 57 01200 120 57 Add 1 Water Service @ $416.59/ea. +$ 416.59 This service cost should be apportioned to the northerly portion of the recent lot split. 47 57- -01200 010 57 Add 145FF San.Swr. @ $27.86/FF +$4,039.70 53 57 01200 020 58 Delete 3 Water Services @ $416.59 - $1,249.77 Delete 3 San. Services @ $419.81 — $1,259.43 55 57 01300 090 28 Add 1 Water Service @ $416.59 +$ 416.59 57 57 01300 160 28 Add 1 San.Service @ $419.81 +$ 419.81 60 57 01300 200 28 Add 1 Water Service @ $416.59 +$ 416.59 We recommend that the City Council amend the assessment roll to incorporate the subject changes. b. Councilmember Bastian introduced the following resolution and moved its adoption: 82 — 7 — 97 BE IT RESOLVED by the Council of the City of Maplewood, Ramsey County, Minnesota, as follows: WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 429.061, Subd. 1 thereof, a public hearing was held on March 4, 1982 upon due published and mailed notice affording all property owners who wish to be heard and who had presented written and /or oral objections to the proposed assessment roll-, WHEREAS, the proposed assessment roll was adopted March 4, 1982 thereby commencing the period of time within which to appeal therefrom to run pursuant to provisions of Minnesota Statutes, Section 429.081; and WHEREAS, the March 4, 1982 meeting was adjourned to March 10, 1982 for the purpose of hearing the objections of property owners who disputed the amount of the assessments; and — 8 — 7/26 WHEREAS, certain of the owners who were assessed for Project No. 78-10 as above described and afforded an opportunity to be heard thereon, have entered into contrac- tual agreements with the City for certain additional water services and sanitary sewer services over and above those noted in the original assessment roll. NOW, THEREFORE, BE IT RESOLVED by the Clerk be, and hereby is, directed additional water services and sanitar owners and to incorporate the same in of Ramsey, all of which are set forth herein by reference. Seconded by Mayor Greavu. the Council of the City of Maplewood that to amend the assessment roll to include those 7 sewer services contracted for by the affected the assessment roll to be sent to the County on Exhibit "A" attached hereto and incorporated Ayes — all. 2. Special Exception — 2994 Winthrop a. Manager Evans presented the staff report. b. Commissioner Dorothy Hejny presented the following Planning Commission recommend- ation: "Commissioner Pellish moved the Planning Commission recommend approval of a special exception permit to operate an archery supply business, as a home occupation, at 2994 Winthrop Drive, subject to: 1. Compliance with the criteria outlined in the Planning Commission Subcommittee report, except guideline #5. 2. Approval is granted for one year, after which time the applicant may apply for a renewal if the business has been compatible with the neighborhood and all conditions are being met. 3. A smoke detector shall be located on the main and basement levels of the dwelling. 4. A five —pound ABC fire extinguisher shall be wall — mounted and readily available to the workshop area. Commissioner Whitcomb seconded. Ayes — Commissioners Axdahl, Barrett, Fischer, Hejny, Howard, Kishel, Pellish, Prew, Whitcomb." C. Mr. Ken Mihelich, 2994 Winthrop drive, the applicant, spoke on behalf of his request and stated he agrees to the conditions. d. Councilmember Anderson moved to Winthrop Drive, for a. special excep as a home occupation subject to the ove the st of Mr. Ken Mihelich, 2994_ rate an archery supply business conditions: 1. Compliance with the criteria outlined in the Planning Commission Subcommittee report, except guideline #5. 2. Approval is granted for one year, after which time the applicant may apply for a renewal if the business has been compatible with the neighborhood and all conditions are being met. 3. A smoke detector shall be located on the main and basement levels of the dwelling. 4. A five —pound ABC fire extinguisher shall be wall mounted and readily available to the workshop area. Seconded by Councilmember Bastian. Ayes — all. — 9 — 7/26 3. E.A.W. — Pearson Estates a. Manager Evans presented an environmental assessment worksheet (EAW) for Pearson Estates. AnEAW is required by the State for a mobile home park of over 100 units. The City must make a finding as to whether an environmental impact statement (EIS) should be required. It is recommended Council authorize staff to send the environ- mental assessment worksheet to the Environmental Quality Board for publication, with a negative declaration (no environmental impact statement). Finding two on page eleven should be revised to state that this project does not have the potential for significant environmental effects. It is understood that the site plan will be revised to preserve the tamarack grove. C. Mr. Richard Pearson, 1959 White Bear Avenue, the developer, explained his position. d. Mr. Tom Dunwall, Buetow and Associates, architects representing the developer, also spoke. e. Councilmember Anderson moved to revise the does not have the potential for significant env to preserve the tamarack grove; authorize staff worksheet to the Environmental Quality Board fo ation (no environmental impact statement). cts ect to to send the environmental assessment publication with a negative declar- Seconded by Councilmember Bastian. Ayes — all. 4. Ordinance Amendment — Billboards a. Tabled until after J -7. 5. Council /H.R.A. Joint Meetings ri a. Manager Evans stated the Maplewood Housing and Redevelopment Authority has re- quested a joint meeting with the Council to discuss whether to proceed with the HRA's proposed senior citizen /first time home buyer housing program. b. Councilmember Bastian moved to establish the joint mee and the HRA to be held August 5, 1982 after the Council /st The "work shop session" to begin at 4:00 P.M. Seconded by Councilmember Anderson. Ayes — all. Sewer Fund Transfer with the Council work shop" session. a. Manager Evans presented the staff report and stated recent television camera inspection of -a portion of the City's sewage collection system has identified and isolated an area of heavy ground water infiltration. A budget transfer is needed to pay the costs of treating the problem. b. Mayor Greavu moved to transfer with over spending the 1982 budget water infiltration in the area sout as recommended in the staff report. Seconded by Councilmember Anderson. 7. Pipeline Ordinance 1,000 from the Sewer Contingence Fund $39,000 to pay the costs of treating of Minnehaha from Ferndale to McKnieh Ayes — Mayor Greavu; Councilmembers Anderson, Juker and Maida. Nays — Councilmember Bastian. — 10 — 7/26 a. City Attorney Patrick Kelly explained the proposed pipeline ordinance. b. Mayor Greavu moved to refer the ordinance back to staff for further invest of the following: type of pipe to be used enforcement section penalty for late payment of license. Seconded by Councilmember Bastian. Ayes - all. 4. Ordinance Amendment - Billboard Ordinance a. Manager Evans presented staff report. b. Board Member Robert Folley presented the following Community Design Review Board recommendation: "Board Member Hedlund moved that for strictly aesthetic reasons and the functions of the Community Design Review Board, they would recommend alternative number one. However, being realistic in the political world the Board would recommend the City Council adopt Alternative Number Two as outlined in the staff report dated July 6, 1982. Board Member Folley seconded. Ayes - all." C. The following persons expressed their opinions regarding the proposed billboard ordinances: Mr. Ted Dezurik, 2141 E. Kenwood Drive (believes billboard signs are necessary) Ms. Dorothy Hejny, 1774 McKnight Road (questioned if Chamber of Commerce had a chance to review the proposal) Mrs. Millie Haugan, 1760 Onacrest Curve (does not believe billboards are necessary) Mr. Robert Polley, 421 Eldridge (believes billboards should be controlled) Mr.. Rockie Rockhold, owner of property at T.H. 36 and English (has contracted for a sign, but the moratorium is still in effect) Ms. Nancy Jorgenson, representing Naegele Sign Co., expressed their views on the necessity of billboards. d. Councilmember Maida moved to approve the billboard ordinance alternate II with amendments. �! Seconded by Councilmember Anderson. The motion and second were withdrawn. e. Councilmember Maida moved to extend the moratorium on construction of billboard signs for an additional two (2) months. ^ ^� Seconded by Councilmember Bastian. Ayes - all. v COUNCIL PRESENTATIONS 1. Voting Procedures - Council a. Councilmember Maida requested that the number of votes required for passage of 11 - 7/26 agenda items be included on the agenda. 2. 25th Anniversary a. Councilmember Anderson questioned when the race was going to be held. b. Councilmember Bastian stated it was to be held October 16, 1982. c. It was suggested all Council and staff participate and cooperate to make this 25th Anniversary memorable. 3. Liquor Industry a. Councilmember Anderson requested a letter be sent to the legislators asking the liquor industry to donate to organizations or persons who help people with alcoholic problems. 4. Valley Branch - Correspondence a. Councilmember Bastian stated he had received correspondence from the Valley Branch Water Shed District indicating they had adopted a policy whereby only 1% water run -off will be allowed for new developments. Do other water shed districts have this requirement? b. Staff will investigate. 5. Council Procedures - Amendment a. Councilmember Bastian requested an amendment to the Council Rules of Procedures' changing I - Visitor Presentations be placed after Council Presentations, to be placed on the next agenda. 6. Surplus Property a. Councilmember Bastian stated the State was contemplating closing the States Surplus Property Center and requested the City send a letter stating that Maplewood was still interested in the program. L. ADMINISTRATIVE PRESENTATIONS None. M. ADJOURNMENT 10:45 P.M. City Clerk - 12 - 7/26