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HomeMy WebLinkAbout03-26-90 and 03-29-90 MINUTES OF MAPLEWOOD CITY COUNCIL 7=00 P.M., Monday, March 26, 1990 and 4=30 P.M., Thursday, March 29, 1990 Hazelwood Fire Station, 1530 E. County Road C Meeting No. 90-6 --C. A. CALL To ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held at the Hazelwood Fire Station and was called to order at 7=00 P.M., by Mayor Anderson Norman G. Anderson, Mayor Gary W. Bastian, Councilmember Frances L. Juker, Councilmember George F. Rossbach, Councilmember Joseph A. Zappa, Councilmember Present Present Present Absent Present Mayor Anderson introduced Scout Troop 474 and Scoutmaster Charles Berg. attending this meeting to earn the Citizenship Badge. APPROVAL OF MINUTES They are Minutes of Meeting No. 89-14 (June 22 and 26, 1989) Councilmember Bastian moved to approve the Minutes of Meetinq No. 89-14 (June 22 and 26, 1989) as submitted. Seconded by Mayor Anderson. Ayes - Mayor Anderson, Councilmembers Bastian and Juker me Councilmember Zappa abstained. Minutes of Meeting No. 89-18 (August 14 and 17, 1989) Councilmember Bastian moved to approve the Minutes of Meetinq No. 89-~8 [Au~ust 14 and 17, 1989} as submitted. Seconded by Mayor Anderson Ayes - Mayor Anderson, Councilmembers Bastian and Juker. Councilmember Zappa abstained. Minutes of Meeting No. 89-19 (August 28 and 31, 1989) Councilmember Bastian moved to approve the Minutes of Meetinq No. 89-19 CAuoust 28 and 31, 1989} as Submitted. I 3-26-90 e Seconded by Mayor Anderson. Ayes - Mayor Anderson, Councilmembers Bastian and Juker. Councilmember Zappa abstained. Minutes of Meeting No. 89-20 (September 11 and 14, 1989) Councilmember Bastian moved to approve the Minutes of Meetinq No. 89-20 CSeDtember 11 and 14t 1989} as submitted. Seconded by Mayor Anderson. Ayes - Mayor Anderson, Councilmembers Bastian and Juker. Councilmember Zappa abstained. Minutes of Meeting No. 89-21 (September 25 and 28, 1989) Mayor Anderson moved to approve the Minutes of Meetinq No. 89-21 ~SeDtember 25 and 28. 1989~ as submitted. Seconded by Councilmember Bastian. 6. Minutes of Meeting= March 5, 1990 Councilmember Bastian moved to approve the Minutes of March 5, 1990 M~etinq as submitted. Seconded by Councilmember Zappa. Ayes - all. Minutes of Meeting No. 90-5 (March 12, 1990) Councilmember Bastian moved to approve the Minutes of Meetinq No. 90-5 (March 12, 1990} as submitted. Seconded by Councilmember Zappa. Ayes - all. Minutes of Meeting~ March 19, 1990 Councilmember Bastian moved to approve the Minutes of the March 19, 1990 Meetinq as submitted. 2 3-26-90 Ayes - Mayor Anderson, Councilmembers Bastian and Juker. Councilmember gappa abstained. Seconded by Councilmember Zappa. Ayes - all. APPROVAL OF AGENDA Councilmember Zappa moved to approve the aqenda as amended~ 1. 379 Lark Street 2. 2531 ~eranlum 3. McKnight and Larpenteur (4 houses moved in) 4. Tax Increment Financing hearing (April 9, 1990) 5. Sarrack's Liquors 6. Open Space - Wetlands Seconded by Councilmember Bastian. E. CONSENT AGENDA Council removed Item E-4 to become 1-12. Ayes - all. Mayor Anderson moved. Seconded by Councilmember Bastian. Aves - all, to approve the Consent Aoenda. Items E-1 throuqh 3 and 5 throuqh 14 as recommended. me Approval of Claims Approved the following claims= ACCOUNTS PAYABLE: $ 347,476.57 $ 310,809.93 $ 658,286.50 PAYROLL: $ 174,544.36 $ 35,236.21 $ 209,780.57 $ 868,067.07 Checks ~5492 - $5547 Dated 03-01-90 thru 03-14-90 Checks #3819 - #3948 Dated 03-26-90 Total per attached voucher/check register Payroll Checks Payroll Deductions Total Payroll GRAND TOTAL Conditional Use Permit Revocations 1900 N. Sterling Street Resolution No. 90 - 3 - 41 WHEREAS, John Songas and Yoshiko Caturia initiated a conditional use permit to operate a barber shop at the following-described property: The N 111 feet of the W 130 feet of the NW 1/4 of the SE 1/4 of Sec. 13, Township 29, Range 22. This property is also known as 1900 N. Sterling Avenue, Maplewood; 3 3-26-90 WHEREAS, the procedural history of this conditional use permit is as follows~ This conditional use permit was granted by the Maplewood City Council on April 6, 1978 and renewed by them on April 5, 1979, April 17, 1980 and April 22, 1985. 2e The Maplewood City Council held a public meeting on April 9, 1990. The present owner of this property was notified at lea~t ten days prior to the meeting. NOW, THEREFORE, BE IT RESOLVED BY T~E MAPLEWOOD CITY COUNCIL that the above-described conditional use permit be terminated on the basis that John Songas and Yoshiko Caturia, the persons to whom the conditional use permit was issued, have moved and the current owners, Lyle C. and Frances M. Snavely, agree to the termination. 3. Conditional Use Permit Revocation~ 2620 Keller Parkway Approved the termination of the conditional use permit for a barber shop at 2620 Keller Parkway since the present owner is not operating this barber-shop home occupation. 4. Conditional use Permit Renewal~ 2280 Maplewood Drive (Menards) Discussed as Item 1-12. 5. Preliminary Plat Time Extension= Gervais Overlook Approved a one-year time extension for Block One and Lots One through Eleven, Block Two of the Gervais Overlook preliminary plat. Approval is recommended on the basis that there have been no applicable changes in City ordinances or the surrounding area. 6. Preliminary Plat Time Extension= Hennen Hillwood Oaks No. i Approved a one-year time extension for the Hillwood Oaks Number One preliminary plat, subject to the 3-27-89 conditions of approval. Approval is recommended on the basis that there have been no applicable changes in City ordinances or the surrounding area. 7. Budget Adjustment= House Demolition (1343 Kohlman) Approved the following recommendation= a. Approve a budget adjustment for the demolition of the house at 1343 Kohlman Avenue by increasing account 101-703-4480 (fees for service) by $4200 and the appropriate revenue account by the same amount. 4 3-26-90 o b. Authorize the cost of the demolition to be assessed against the property. Donation For Easter Egg Hunt Program Accepted the $350.00 donation from the North Maplewood Lions Club for the "Easter Egg Hunt" Program (101-603-295-4120). 9. July 4th Donation Accepted the $1500.00 donation from the North Maplewood Lions Club for the July 4th Celebration (101-603-291-4480) 10. Nature Center Donation Accepted the $300.00 donation from the Maplewood Oakdale Lions Club and add this amount to the Nature Center Program Supplies Budget Account (101- 604-000-4120). 11. Signal Agreement Ramsey County Approved to enter into an agreement with Ramsey County for maintenance of Traffic Control Signals, EVP System and Interconnect Agreement No. 89037. 12. L.E.L.S. Arbitration Decision and Award Approved the arbitration decision/award and negotiated terms for the labor agreement between City of Maplewood and L.E.L.S. as presented and approved a budget transfer of $1170.00 from the Contingency Fund to Account 101- 102-4480 (Fees for Services) to pay the costs of the arbitrator Thomas Gallagher. 13. Resolution - Regional K-9 Meet Resolution 90 - 3 - 42 WHEREAS, the Maplewood Police Department Canine Unit spends many hours training; and WHEREAS, the proficiency of the canines is demonstrated by local, regional and national competition; and WHEREAS, the Maplewood Police Department Canine Unit applied for and was awarded the honor of hosting the Region 18 Canine Competition June 10- 12, 1990; and WHEREAS, the planning and preparation for this event requires extra work and dedication for the Canine Unit; 5 3-26-90 NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council commend and support the Maplewood Police Department Canine Unit for their dedication and work in hosting the Region 18 Canine Competition in the City of Maplewood. WHEREAS, the Maplewood Police Department Canine Unit spends many hours training~ and WHEREAS, the proficiency of the canines is demonstrated by local, regional and national competition~ and WHEREAS, the Maplewood Police Department Canine Unit applied for and was awarded the honor of hosting the Region 18 Canine Competition June 10- 12, 1990~ and ~r6EREAS, the planning and preparation for this event requires extra work and dedication for the Canine Unit~ NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council commend and support the Maplewood Police Department Canine Unit for their dedication and work in hosting the Region 18 Canine Competition in the City of Maplewood. 14. Budget Transfer - History of Maplewood Committee. Approved a budget transfer of $500.00 from the contingency account to fund the miscellaneous expenses of the proposed project. EA - BEAM AVENUE COMPOST SITE a. Manager McGuire presented the staff report. b. Zack Hanson, Ramsey County Public Health Department, Solid Waste Division, informed the Council of the County's plan for the Beam Avenue compost area. It will be open from March 31, 1990 to June 1, 1990 and from September 24, 1990 to November 30, 1990. He also stated that except for neighborhood compost sites, they want private companies to take over the yard waste disposal. F. PUBLIC HEARINGS 1. 7=00 P.M., Code Amendment= Volume Based Garbage Rates (1st Reading) a. Mayor Anderson convened the meeting for a public hearing regarding the proposed ordinance to establish volume based garbage rates. b. Manager McGuire presented the staff report. c. Director of Community Develo~ent Olson presented the specifics of the proposed ordinance. d. Mayor Anderson called for proponents and opponents. None were heard. 6 3-26-90 e. Mayor Anderson closed the public hearing. f. Councilmember Bastian moved first~readinq of an ordinance that would reauire volume based qarbaqe rates for residential collection services. Seconded by Councilmember Zappa. Ayes - all. 7:20 P.M., Yard Waste Collection Contract a. Mayor Anderson convened the meeting for a public hearing regarding the proposal for a private contractor with the City for the collection of leaves and grass. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Mayor Anderson called for persons who wished to be heard for or against the proposal. The following expressed their opinions= Michael Hines - Gopher Richard Eisinger, Compost Concepts, Inc. Kevin Trist, General Manager, Woodlake Mayor Anderson closed the public hearing. Councilmember Zappa moved Option 4 "Take no action, which would f. maintain the current open haulinq system." Seconded by Mayor Anderson. G. AWARD OF BIDS None. a. UNFINISHED BUS~NES~ 1. Ayes - all. Estate Lot Rezoning, 2413 Carver Avenue a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the speci.fics of the proposal. c. Councilmember Bastian moved to table this item and move on to the next item on the aqenda. Seconded by Councilmember Zappa. Ayes - all. 7 3-26-90 2. Reconsiderations Mark's Nature Haven a. Councilmember Juker moved to table the reconsideration until the meetinq of April 9, 1990. Seconded by Mayor Anderson. Ayes - all. 3. Noxious Weeds and Tall Grasses Ordinance (2nd Reading) a. Manager McGuire presented the staff report. b. Director of Community Develol~nent Olson presented the history of the proposed ordinance. c. Mr. Ralph Sletten and his daughter, Tracy, testified as to the harmful effects from the weeds on the K.S.T.P. property. d. Mr. Bruce Haggerty, K.S.T.P., stated that they will control noxious weeds and such if found on their property. e. Bon Wenger, Environmental Health Officer for Maplewood, stated he has contacted the Naturalist from the Nature Center and they will ascertain what noxious weeds are present on the K.S.T.P. property. f. Councilmember Bastian introduced the followinq ordinance and moved its adoption= ORDINANCE NO. 659 AN ORDINANCE REGULATING THE GROWTH OF NOXIOUS WEEDS AND TALL GRASS The Maplewood City Council hereby ordains as follows= Section 1. Section 19-7 (8) Public Nuisances, is amended as follows= (8) Ail noxious weeds. Noxious weeds shall be as defined by the Minnesota Department of Agriculture. Tall grasses and other rank growths that are adversely effecting the public health, safety, welfare, comfort or repose shall also be considered a public nuisance. Wetlands and public open space, such as parks, nature centers or County open space, are exempted from the tall grass part of this subsection. The noxious weed requirements shall apply. The Environmental Health Officer shall interpret and enforce this subsection, subject to an appeal to the City Council. Section 2. This ordinance shall take effect upon its passage and publication. Seconded by Councilmember Zappa. Ayes - all. 8 3-26-90 4. Recreational Vehicle Ordinance (2nd Reading) a. Manager McGuire presented the staff re~ort. b. Councilmember Zappa introduced the followinq ordinance and moved its adoDtion~ ORDINANCE NO. 660 AN ORDINANCE AMENDING THE REGULATION OF RECREATIONAL MOTOR VEHICLES THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 1. Section 20-125 Sunset is hereby deleted and removed from Article VI, Recreational Motor Vehicles. Section 2. This amended Section 20-125, deletion shall take effect upon its passage and publication. Seconded by Councilmember Bastian. Ayes - all. I. NEW BUSINESS 1. Small Battery Collection a. Manager McGuire presented the staff report. b. Michael Hines, Gopher Disposal, stated he is initiating a program to collect the small batteries. c. Councilmember Zappa moved tha~ a receptacle be placed by the City's disposal site; moved that Gopher disposal be encouraqed to collect ~m~ll batteries and also when the city Hall expansion is completed and a receptionist is hired, a receptacle be placed by that desk. Seconded by Councilmember Juker. Ayes - all. 2. Budget Adjustments Recycling Containers a. Manager McGuire presented the staff report. b. Councilmember Bastian moved to approve a budqet adjustment for the purchase of recvclinq containers by increasinq account 101-704-4160 (supplies - equipment} by a $6,661 and the appropriate revenue account by the same a~ount. Seconded by Councilmember Zappa. Ayes - all. 3. 2829-2847 White Bear Avenue 9 3-26-90 a. Manager McGuire stated that the City Council, on March 12, 1990, requested a status re~ort on the proposed Auto Service Center at the Northwest Corner of Radatz and White Bear Avenue. The developer has stated construction will begin within 45 days. b. Councilmember Bastian moved to take no action. Seconded by Councilmember Zappa. Ayes - all. 4. Beam Avenue Signal, Project 89-15 a. Manager McGuire presented the staff report. b. Councilmember Bastian introduced the followinq resolution and moved its adoption= 90 - 3 - 44 WHEREAS, pursuant to resolution passed by the City Council on July 6, 1989, plans and specifications for Beam Avenue Signals, Project 89-15, have been prepared by (or under the direction of) the City Engineer, who has presented such plans and s~ecifications to the Council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA~ Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the City Clerk. me The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulleti~ an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the Council, at the City Hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota, for five percent of the amount of such bid. 3e The City Clerk an City Engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The Council will consider the bids, and the award of a contract, at a regular City Council meeting. 10 3-26-90 Seconded by Councilmember Zappa. Ayes - a11. 5. Schedule Public Hearing: Condor Storm Sewer Project 86-01 a. Manager McGuire presented the staff re~ort. b. Director of Public Works Haider explained the proposal in detail. ¢. Mayor Anderson introduced the followinq resolution and moved its adoption: 90 - 3 - ¢5 W~EREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare a report with reference to the improvement of Condor storm sewer, City Project 86-01, by construction of storm sewer on Dorland Road to Londin Lane, Londin Lane 325 feet east to existing pond, and outlet from pond to pond on Lower Afton Road, and 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: The report of the City Engineer advising this Council that the proposed improvement of Condor storm sewer, City Project 86-01, by construction of storm sewer on Dorland Road to Londin Lane, Londin Lane 325 feet east to existing pond, and outlet from pond to pond on Lower Alton Road is feasible and should best be made as proposed, is hereby received. me The Council will consider the aforesaid improvement in accordance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement according to MSA Chapter 429, at an estimated total cost of the improvement of $176,000. A public hearing will be held at the hazelwood Fire Station, 1530 E. County Road C, on Monday, the 23rd day of April, 1990, at 7:30 P.M. to consider said improvement. The City Clerk shall give mailed and published notice of said hearing and improvement as required by law. Seconded by Councilmember Zappa. Ayes - all. 6. Water System Improvements a. Manager McGuire presented the staff report. 11 3-26-90 b. ~irector of Public Works Haider explained the specifics of the proposal. c. Councilmember Zappa introduced the followinq resolution and moved its adoptions 90 - 3 - 46 WHEREAS, it is proposed to construct water main on Lake Street and other existing areas without access to municipal water at various locations city-wide and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA= That the Proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $8500 are appropriated to prepare this feasibility report. Seconded by Councilmember Juker. Ayes - Mayor Anderson, Councilmembers Juker and Zappa. Councilmember Bastian abstained. 7. Emergency Storm Sewer - Birmingham, South of Frost] a. Manager McGuire presented the staff report. b. Mayor Anderson moved to authorize staff to proceed with desion, land acquisitionr and solicitinq bids to install a storm drain on Birminqhamr south of Frost~ and that ~ budqet of $10~000 be established by transferrinq that amoun~ from the qeneral fund continqenc¥ to the street maintenance capital expenditure account. Seconded by councilmember Zappa. Ayes - All. 8. Prevailing Wage - Ordinance a. Manager McGuire presented the staff report. b. Councilmember Bastian moved first readinq of an ordinance requirino that certain contracts for City construction pro~ects contain provisions 12 3-26-90 reouirina Drevailina waqes rates be Daid to laborers and mechanics on Dro4ect site. Seconded by Councilmember Zappa. 9. Modification of Eden System Contract a. Manager McGuire presented the staff report. Ayes - All. b. City Attorney Patrick Kelly stated he had presented a proposal to Eden System regarding not going any further with their Geobase System. It has cost the City $7500 already with a prospect of the cost rising to $30,000 and would still not meet the City's needs. c. Councilmember Bastian moved to authorize the City Manaqer to execute the a~reement with Eden Systems rescindinq that portion of the 0riqina] contract relatinq to the Geobase System. Seconded by Mayor Anderson. 10. Purchase of Data Safe Ayes - all. a. Manager McGuire presented the staff report. b. Councilmember Zappa moved to approve the purchase of the data safe and that S3.000 be transferred from the Continqency Fund to cover this purchase. Seconded by Mayor Anderson. 11. City Hall Update Ayes - all. a. Director of Public Works Haider presented the staff report. b. Mayor Anderson introduced the followinq resolution and moved its adoption= 90 - 3 - 4,7 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered Project 89-16, City Hall Addition, and has entered into a construction contract, and WHEREAS, it is now necessary and expedient that said contract, in the amount of $1,061,949.66 be modified and designated as Project 89-16, Change Order 3. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the Mayor and City Clerk are hereby authorized and directed to modify the existing contract by executing said Change Order 3 in the amount of $1534. 13 3-26-90 Ke The City Hall addition, Fund 405-000-000-4751, is hereby increased $1534 by a transfer from the general fund contingency account. BE IT FURTHER RESOLVED that Supplemental Agreement No. 3 with the Architect, T.K.D.A., Inc., in the amount of $8300 is approved. The City Hall Addition Fund 405-000-000-4752 is hereby increased $8,300 by a transfer from the general fund contingency account. Seconded by Councilmember Juker. Ayes - Mayor Anderson, Councilmembers Bastian and Juker. Nay - Councilmember Zappa. 12. Conditional Use Permit Renewal~ 2280 Maplewood Drive, Menard's, Inc. a. Manager McGuire presented the staff report. b. Councilmember Juker stated she removed this from the Consent Agenda because she has several questions. c. Councilmember Bastian moved to authorize staff to investiaate the Menard's property site and make sure all conditions of the oriainal oermit have been met and that the conditional use permit for an outdoor storaqe yard at 2280 Maplewood Drive be renewed for one year. Seconded by Councilmember Juker. VISITOR PRESENTATION 1. Ayes - all. Michael Perry, 379 Lark Street a. Mr. Perry, 379 Lark Street, showed a video tape regarding the water drainage problem in his yard. ~ b. Councilmember Bastian moved to refer the matter to staff for alternatives to eliminate the water problem at 379 Lark Street and to report back at the April 9r 1990 meeting. Seconded by Councilmember Zappa. Ayes - all. Robert Carl, 375 Lark Street a. Mr. Carl stated he also has water drainage problems and confirmed the problems at 379 Lark Street. COUNCIL PRESENTATIONS 1. 379 Lark Street Discussed under J. VISITOR PRESENTATIONS 14 3-26-90 2. 2531 Geranium a. Councilmember Zappa moved to refer to staf~ to £nvestioate the property at 3531 Geranium to find out if a commercial use is there because he saw an ad statinq a commercial enterpris~ was planned for th%s address. Seconded by Councilmember Bastian. Ayes - all. 3. McKnight and Larpenteur a. Councilmember Zappa stated he had observed the homes that were moved in at the Southeast corner of McKnight and Larpenteur. One of the homes had a shingle exterior, but the pictures the developer showed Council, the exterior were brick. He further commented that the garages did not look like they were placed correctly. b. Councilmember Zappa moved to have staff investiqate the site to see that everythinq is accordinq to what was approved. Seconded by Councilmember Juker. Ayes - all. 4. Tax Increment Financing a. Councilmember Zappa questioned what the hearing regarding tax increment financing was going to be about. b. City Manager stated the hearing is to designate districts. 5. Sarrack's Liquors a. Councilmember Juker stated she had received a call from Sarrack's Liquors regarding the plan he had submitted being denied. b. Councilmember Juker moved to refer the matter to staff to report back on what options Sarrack's has for revival of their plan. Seconded by Councilmember Bastian. Ayes - all. 6.O~en Space - Wetlands a. Mayor Anderson suggested a committee be established regarding protecting the open space and wetlands. b. Mayor Anderson moved to place the matter of how ooen space can be protected on the next aoenda. Seconded by Councilmember Bastian. Ayes - all. L. ADMINISTRATIVE PRESENTATIONS None. 15 3-26-90 M. ADJOURNMENT 10:15 P.M. City Clerk 16 3-26-90