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HomeMy WebLinkAbout02-26-90 ItltPI,~K~D CXT~COUNCIL 7:00 P.M., Monday, Febz"ua~r 26, 1990. and 4:30 P.H., Thuzsday, March 1, 1990 Hazelwood Fire Station, 1530 B. County Road C Meeting No. 90 - 4 A. CALL TO ORDER B. ROLL CALL APPROVAL OF MINUTES 1. 'Minutes of Meeting No. 90-1 (January 8, 1990) 2. Minutes of Meeting No. 90-2 (January 22,. 1990) 3. Minutes of Meeting No. 90-3 (February 12, 1990) APPROVAL OF AGENDA CONSENT AGENDA Ail matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items. If a member of the City Council wishes to discuss an item, that item will be removed fr~xn the Consent Agenda and will be considered separately. 1. Approval of Claims E-A DISCUSS~0N WITH TAX ~SS~SOR PUBLIC HEARINGS 7:00 P.M., 380 E. Res.lawn Avenue (Church of St. Jerome) a. Conditional Use Permit b. Variance 2. 7:15 P.M., Mark's Nature Haven (Continued from February 12, 1990) a. Preliminary Plat b. Rezoning (4 Votes) ~. ~WARDOF BIDS H. UNFINISHED BUSINESS 1. Walter Street Settlement BUSINESS Alley East of White Bear Avenue - Beam to County Road D 2. Mall Area Traffic Stud~ 3. Fire Study Recommendation 4. Dispute Resolution Center 5. Proclamation: Volunteers of America City-Hall Update VISITOR PRESENTATIONS COUNCIL PRESENTATIONS 1. Se ® ADMINISTRATIVE PRESENTATIONS 1. 4e ADJOURNMENT OF MINUTES OF MAPLE'HOOD CITY COUNCIL 7:00 P.M., Monday, February 26, 1990 Hazelwood Fire Station, 1530 E. County Road C Meeting No. 90-4 Ae CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held at the Hazelwood Fire Station, 1530 E. County Road C, and was called to order at 7:00 P.M., by Mayor Anderson. Be ROLL CALL Norman G. Anderson, Mayor Gary W. Bastian, Councilmember Frances L. Juker, Councilmember George F. Rossbach, Councilmember Joseph A. Zappa, Councilmember Present Present Present Present Absent APPROVAL OF MINUTES 1. Minutes of Meeting No. 90-1 (January 8, 1990) Councilmember Bastian moved to approve the Minutes of Meeting No. 90-1 (January 8, 1990) as corrected: Page 22 and 23: Delete Item I-4-i. Seconded by Councilmember Rossbach. Ayes - all. 2. Minutes of Meeting No. 90-2 (January 22 and 25, 1990) as corrected: Mayor Anderson moved to approve the Minutes of Meeting No. 90-2 (January 22 and 25, 1990) as corrected: Page 22 "remand" no remind. Seconded by Councilmember Rossbach. Ayes - Mayor Anderson, Council- members Bastian and Rossbach Councilmember Juker abstained. 3. Minutes of Meeting No. 90-3 (February 12, 1990) Councilmember Rossbach moved to hold the Minutes of Meetinq No. 90-3 (February 12, 1990) until the Meetinq of March 12, 1990. Seconded by Councilmember Bastian. D. APPROVAL OF AGENDA Ayes - all. Councilmember Bastian moved to approve the Aqenda as amended: 2. 3. 4. 5. 6. 7 8. 9. 10. LMC Update Elected Officials Meeting Lady Birds Screening Earth Week Open Space Police Cadets Housing March 5, 1990, Meeting Charter Commission Southwinds Settlement Seconded by Councilmember Rossbach. Ayes - all. E. CONSENT AGENDA Councilmember Bastian moved, seconded bY Mayor Anderson, Ayes - all, to approve the Consent Aqenda as recommended: 1. Approval of Claims ACCOUNTS PAYABLE: $ 381,917.997 Checks #5352 - #5425 Dated 02-01-90 through 02-14-90 $ 409,353.23 $ 791,271.20 Checks #3516 - #3657 Dated 02-26-90 Total per attached voucher/check register PAYROLL: $ 350,554.55 Payroll Checks $ 70,372.63 Payroll Deductions $ 420,444.27 Total Payroll $ 1,212,198.38 GRAND TOTAL A DISCUSSION WITH TAX ASSESSOR 1. Brian Ducklow, Ramsey County Assessor, answered questions from the Council as to how the tax assessor assesses property, by use, by zone, etc. 2. Mr. Ducklow presented the Council with material explaining how Ramsey County structures their taxes. PUBLIC HEARINGS 1. 7:00 P.M., 380 E. Roselawn Avenue (Church of St. Jerome) a. Conditional Use Permit Variance 1. Mayor Anderson convened the meeting for a public hearing regarding the request of the St. Jerome's Church for a conditional use permit to add on to the church and to approve a 1.8 foot front set back variance. 2. Manager McGuire presented the staff report. 3. Director of Community Development Olson presented the specifics of the proposal. 4. Commissioner Will Rossbach presented the Planning Commission recommendation. 5. Steven Singer, McGuire Counteau Lucke Architects, Inc., representing St. Jerome's Church spoke on behalf of the proposal. 6. Mayor Anderson called for proponents and opponents. None were heard. 7. Mayor Anderson closed the public hearing. Be adoption: Councilmember Bastian introduced the followinq resolution and moved its CONDITIONAL USE PERNIT RESOLUTION 90-2-29 WHEREAS, the Church of St. Jerome initiated a conditional use permit to operate a church and day care facility in a farm district at the following-described property: the N 233 ft. of E 160 ft. of W 327 31/100 ft. of SW 1/4 and S 75 ft. of N 433 ft. of W 1/2 of NW 1/4 of NW 1/4 of SW 1/4 and E 1/2 of sd 1/4 1/4 1/4 and W 1/2 of NE 1/4 of NW 1/4 of SW 1/4 {subj to rds} in Sec. 17 Tn. 29 Rn. 22. This property is also known as 380 East Roselawn Avenue, Maplewood; WHEREAS, the procedural history of this conditional use permit is as follows: This conditional use permit was reviewed by the Maplewood Planning Commission on February 5, 1990. The Planning Commission recommended to the City Council that said permit be approved. The Maplewood City Council held a public hearing on February 26, 1990. 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 THATthe above- described conditional use permit be approved for an indefinite length of time on the basis of the following findings-of-fact: The use wo.uld be located, designed, maintained, constructed and operated to be in conformity with the City's comprehensive plan and Code of Ordinances. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. e The use would not involve any activity, process, materials, equipment, or methods of operation that would be dangerous, hazardous, detrimental, disturbing, or cause a nuisance to any person or property because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference, or other nuisances. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. The use woUld not create excessive additional costs for public facilities or services. The use would maximize the preservation of an incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to adherence to the site plan, date-stamped January 17, 1990. Seconded by Councilmember Rossbach. Ayes - all. 9. Councilmember Bastian introduced the followinq resolution and moved its adoption: VARIANCE RESOLUTION 90-2-30 WHEREAS, the Church of St. Jerome applied for a variance for the following-described property: This property is also known as 380 East Roselawn Avenue, Maplewood; WHEREAS, Sections 36-51 and 36-71 (2) of the Maplewood Code of Ordinances require that churches have at least a 30-foot front setback; WHEREAS, the applicant is proposing a 28.2-foot setback, requiring a variance of 1.8 feet; WHEREAS, the procedural history of this variance is as follows: This variance was reviewed by the Maplewood Planning Commission on February 5, 1990. The Planning Commission recommended to the ~ity Council that said variance be approved. The Maplewood City Council held a public hearing on February 26, 1990 to consider this variance. 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 variance be approved on the basis of the following findings of fact: The variance would meet the spirit and intent of the ordinance since the addition would not alter the essential character of the neighborhood. Requiring setback compliance would cause the building to be unbalanced from an appearance and aesthetic standpoint as well as from a functional standpoint. Based on these "practical difficulties", the proposed addition would constitute a reasonable use of the property. Since the church was built prior to the existing code, proper "future" setbacks were not contemplated at the time of the initial construction. Compliance with code, therefore, would cause the applicant undue hardship, due to circumstances not created by themselves. The proposed addition/renovation includes widening the green area north of the building which would provide additional buffer from the street. Seconded by Councilmember Rossbach. Ayes - all. e 7:15 P.M., Mark's Nature Haven (continued from February 12, lggo) a. Preliminary Plat b. Rezoning (4 votes} 1. Mayor Anderson convened the meeting for a public hearing regarding the request of Pacesetter Property Management, Inc., for approval of a residential subdivision for 33 single dwelling lots and staff is recommending a rezoning of the site from F. Farm Residential to R-1 Single Dwelling Residential. 2. Manager McGuire presented the staff report. 3. Director of Community Development Olson presented the specifics of the proposal. 4. Greg Frank, Combs and Frank Engineering, representing the applicant, spoke on behalf of the proposal. proposal. Mayor Anderson called for persons who wished to be heard for or against the The following expressed their opinions: Mark Malachy, 1288 Dorland Road Larry Grand, 2405 Carver Avenue Ron Sokolik, 2371 Carver Avenue Mary Martin, representing her father, Roger Singer, 1250 Dorland Road 6. Mayor Anderson closed the public hearing. 7. Councilmember Bastian moved to deny the Mark's Nature Haven Preliminary Plat based on the followinq findinqs: 0 extending Boxwood at this time would be premature; the drainage problems that would arise from added development; the drainage plan as proposed was not acceptable based on testimony of surrounding owners; and engineering data could not be verified by on site calculations. Seconded by Councilmember Juker. Ayes al 1. 8. Councilmember Bastian moved to approve the rezoninq. Seconded by Mayor Anderson. Councilmember Bastian withdrew his motion. 9. Councilmember Bastian moved to refer the rezoninq issue on this property to staff to investiqate Estate Zoninq. Seconded by Mayor Anderson. Ayes - all. G. AWARD OF BIDS None. He UNFINISHED BUSINESS Walter Street Settlement a. Manager McGuire presented the staff report. adoption: b. Councilmember Bastian introduced the followinq resolution and moved its 90-2-31 WHEREAS, on May 8, 1989, the City of Maplewood approved the assessment of Public Improvement Project No. 84-14. This project was for the purpose of construction of water main, sewer services, water services, and street construction improvements to Walter Street between Frost Avenue and Fenton Street in the City of Maplewood. WHEREAS, the assessment on Parcel 16-29-22-42-0013 was revised on May 18, 1989, and reduced, and WHEREAS, property owners Gerald E. Johnson and Delores I. Johnson, owners of the property identified as Parcel No. 16-29-22-42-0013; and property owners Frank Silberbauer and Patricia A. Silberbauer, owners of the property described as Parcel No. 16-29-22-42- 00:9~ filed and perfected in a timely fashion an appeal from the levied special assessments pertaining to their properties, and WHEREAS, prior to trial of the assessment appeals, the owners above-named and the City of Maplewood entered into a settlement agreement as to the amount of the assessments to be levied against their respective properties, and WHEREAS, the settlement agreement provides that the assessment to be levied against Parcel No. 16-29-22-42-009~ shall be $12,000.00; and the assessment to be levied against __the property identified as Parcel No. 16-29-22-42-0013 shall be $4,000.00, and WHEREAS, pursuant to the settlement agreement the owners named hereinabove waive any and all right of further notices and appeal as provided for in Minnesota Statutes Ch. 429, as amended, NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL AS FOLLOWS: 1. That the assessments for Maplewood Public Improvement Project 84-14 as levied on May 8, 1989, and as revised May 18, 198g, is hereby canceled as it pertains to Parcels No. 16-29-22-42-0098 and 16-29-22-42-0013, pursuant to the provisions of Minnesota Statutes 429.071. 2. That pursuant to the provisions of Minnesota Statutes Ch. 429, Parcel No. 16-29- 22-42-0013 is hereby reassessed in the total amount of $4,000.00. 3. That pursuant to the provisions of Minnesota Statutes Ch. 429, Parcel No. 16-29- 22-42-0098 is hereby reassessed in the total amount of $12,000.00. 4. That the revised and reduced assessments stated hereinabove shall constitute the special assessment for Local Improvement Project No. 84-14 as they pertain to the parcels described herein. 5. The City Clerk shall forthwith transmit a certified duplicate of this amended and reduced 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. Seconded by Councilmember Juker. Ayes - all. NEW BUSINESS 1. Alley East of White Bear Avenue, Beam to County Road D a. Manager McGuire presented the staff report. b. Councilmember Bastian moved to table Item I-1 until the meetinq of March 12, 1990, when Councilmember Zappa returns. Seconded by Councilmember Rossbach. Ayes - all. 2. Mall Area Traffic Study a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics. c. Councilmember Anderson moved to authorize staff to neqotiate an aqreement with the consultant for the followinq work: 1. provide preliminary engineering; 2. define right-of-way needs; 3. refine cost estimates; and coordinate project with other agencies (Mn/DOT, Ramsey County, White Bear Lake, Maplewood Mall, etc.). Seconded by Councilmember Juker. Ayes - all. 3. Fire Study Recommendation a. Manager McGuire presented the staff report. b. Howard Weber, Chairman of the Joint Chiefs Association requested two members from each fire department be appointed to the committee. c. Councilmember Rossbach moved the followinq recommendation: City Council appoint a committee consisting of the Mayor or his representative as chairperson of the committee, the City Manager, the Director of Public Safety, the fire marshal, and one representative form each of the three fire departments to review the Maplewood Fire Study. Seconded by Mayor Anderson. 4. Ayes - all. Dispute Resolution Center a. Manager McGuire presented the staff report. b. Councilmember Bastian moved to contribute $250.00 to help support the Dispute Resolution Center for their services within Maplewood. Seconded by Mayor Anderson. Ayes - all. 5. Proclamation a. Mayor Anderson moved the followinq Proclamation: WHEREAS, the Volunteers of America has been serving the needs of America for nearly a century, providing over 400 programs in 240 communities across the country, and WHEREAS, services are offered to children and youth, the elderly, families, disabled persons, offenders and ex-offenders, and to communities at large, and WHEREAS, Volunteers of America, the first religious social-service organization founded in the United States, began as a movement of humanitarian service that has lasted over nine decades, and WHEREAS, since its establishment in 1896, the Volunteers of America has demonstrated an ability to change and grow as our country, its needs, and the needs of the people change, and WHEREAS, now, as in the past, the Volunteers of America's programs are designed to respond to the concerns of individual communities, and take a holistic approach to human care, and WHEREAS, Volunteers of America's continuing mission is to provide material and spiritual assistance to people in need, regardless of race, creed, or color, and WHEREASj as society has changed, so has the Volunteers of America, and in Minnesota ~rovides services for children and youth, adults and the elderly, offenders and ex- offenders, as well as their newest service, CAN-DO, which is a Community and Neighborhood Drug Offensive program. THEREFORE, I, Norman G. Anderson, Mayor of Maplewood, do hereby proclaim Sunday, March 4, through Sunday, March 11, 1990, to be Volunteers of America Week in Maplewood and urge the entire community to join in honoring them for their past and present accomplishments, knowing that, through the determined abilities of their staff, board members and supporters, they will continue providing high quality, innovative services to meet the needs of individuals and communities. Seconded by Councilmember Rossbach. Ayes - all. 6. City Hall Update a. Director of Public Works Haider brought the Council up to date as to the construction on the City Hall inspection. The contractor has stated the Council Chambers should be ready by the Middle of March. VISITOR PRESENTATION None. COUNCIL PRESENTATIONS 1. LMC Update a. Councilmember Bastian presented an updated on the LMC meeting. There is a tax increment financing bill proposed and looks as it may pass. The League is opposing the proposal. The League is also searching for a new site for their offices. The LMM is having a discussion regarding LRT on Thursday. 2. Elected Officials Meeting a. Councilmember Bastian stated he felt the Roseville Council should be invited to Elected Officials Meeting (Maplewood, Oakdale and North St. Paul). b. Manager stated he would ask the group at their next meeting if they would be interested in Roseville participating. 3. Lady Bird's Screening a. Councilmember Bastian stated he would like to have screening such as was described as Lady Bird Johnson's Law that would screen junk yards.such as the one at Highway 36 - English and Gervais and any other location that screening would be necessary. b. Councilmember Bastian moved to refer the matter to the Manager for investiqation. Seconded by Mayor Anderson. Ayes - all. 4. Earth Week aJ Mayor Anderson questioned what the City is doing on Arbor Day. Does the City give trees to be planted? b. Staff stated the Nature Center is very active in Earth Week and that Park and Recreation Commission is also active. c. Council directed staff to look into the costs of trees. 5. Open Space a. Mayor Anderson stated the designation of open space that is listed as such on the land use plan is not really open space. He suggested a program regarding open space such as costs to purchase, availability, etc., be started. 6. Police Cadets a. Mayor Anderson suggested the Police Cadets carry radios and ride bicycles around the community to be able to report problems. b. Mayor Anderson moved to refer this matter to the Manaqer to obtain costs to such a proqram. Seconded by Councilmember Juker. Ayes all. 7. Housing a. Mayor Anderson stated that the "State of the Region Address" on May 7, 1990, there will be a discussion regarding housing. ADMINISTRATIVE PRESENTATIONS 1. March 5, 1990 Meeting Councilmember Bastian moved to chanqe the time of the meetinq of March 5, 1990, from 6:00 p.m. to 5:30 p.m. to discuss City Hall furnishinqs. Seconded by Mayor Anderson. Ayes all. 2. April 12, 1990 Meeting Mayor Anderson moved to chanqe the time of the meetinq of April 12, 1990, from 5:30 p.m. to 5:00 p.m. to discuss the Charter Commission. Seconded by Councilmember Rossbach. Ayes all. 3. Southwinds Settlement a. City Attorney Pat Kelly explained the settlement. b. Councilmember Juker moved to authorize the acceptance of the Southwinds Addition easements settlement. Seconded by Mayor Anderson. Ayes all. /kas ADJOURNMENT Mayor Anderson adjourned the February 26, 1990, meeting at 9:42 p.m.