Loading...
HomeMy WebLinkAbout11-26-90AGF.~NDA HAPLE~OOD CITY COUNCIL 7:00 P.M., Monday, November 26, 1990 Council Chambers, Municipal Building Meeting No. 90-29 CAI,.L TO ORDER ROLL CALL APPROVAL OF MINUTES 1. Meeting No. 90-28 (November 15, 1990) 2. Public Hearing - Truth-In-Taxation (November 15, 1990) APPROVAL OF AGENDA CONSENT AGENDA All 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 from the Consent Agenda and will be considered separately. 1. Approval of Claims 2. Budget for 1990 Improvement Bonds 3. Mall Area Traffic - Establish Budget 4. Upper Afton Road, Project 86-07 - Change Order No. 2 5. Liquor License - Olive Garden - Change of Managers Fo PUBLIC HEARINGS 1. 7:00 P.M.: Project 90-14; County Road B Storm Sewer (4 Votes). 2. 8:00 P.M.: Highway 61, Beam Ave. to Co. Rd. D a. Plan Amendments (4 Votes) b. Rezonings (4 Votes). 3. 8:20 P.M.: Rezontngs: Clarence St. and South of Frost Ave. (4 Votes) 4. 8:35 P.M.: 2708 Minnehaha Ave., McDonald's a. Plan Amendment (4 Votes). b. Rezoning (4 Votes). c. Conditional Use Permit 5. 9:00 P.M.: Design Standards (2nd Reading) G, &WARD OF BIDS UNFINISHED BUSINESS 1. U. S. West Easement Request 2. Vista Hills Park - Change Order No. 1 3. Code Change: Approval of Plans (1st Reading) 4. Code Change: Truth-in-Housing (2nd Reading) 5. Code Change: Sanitary Sewer Connection (2nd Reading) NE'~ BUSINESS 1. Code Change: PAC Charge (lst Reading) 2. Use of Residential Streets 3. Size of Planning Commissio~ J, VI$ITOR PRESENTATIONS COUNCIL PRESENTATIONS 1. ADMINISTRATIVE PRESENTATIONS 1. M. ADJOURNMENT MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, November 26, 1990 Council Chambers, Municipal Building Meeting No. 90-29 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 7:00 P.M. by Mayor Bastian. ROLL CALL Gary W. Bastian, Mayor Dale H. Carlson, Counctlmember Frances L. Juker, Councilmember George F. Rossbach, Councilmember Joseph A. Zappa, Counctlmember Present Present Present Present Present C, APPROVAL OF MINUTES Meeting No. 90-28 (November 15, 1990) Councilmember Zappa moved to approve the minutes of Meetinm No. 90-28 (November 15, 1990) as corrected; Page 13 (F.,1.,e.) "facing" not "forcing" Page 42 (I.,4.,c.) Delete "emergency" Seconded by Councilmember Carlson Ayes - all Public Hearing - Truth-In-Taxation (November 15, 1990) Councilmember Zappa moved to approve the minutes of the Truth-in-Taxation Public Hearing (November 15, 1990) as submitted,. Seconded by Councilmember Rossbach Ayes - all D. APPROVAL OF AGENDA Mayor Bastian moved to approve the Agenda as amended; 1. Community Center 2. County Road B 3. Frost Avenue Sign 4. Beam& Hazelwood 5. Landfill Content Restrictions 6. Volume-Based Garbage Rates 7. Meeting Dates - Mayor Update 8. Council/Manager Meeting Councilmember Carlson seconded the motion Ayes - all CONSENT AGENDA Councilmember Rossbach moved, seconded by Councilmember ZaDDa. Ayes - all. to a~Drove the Consent Agenda as presented; 1 11-26-90 1. Approval of Claims ACCOUNTS PAYABLE; PAYROLL: $ 572,472.37 $ 101,709,32 $ 674,181.69 $ 192,657.09 $ 37,797,48 $ 230.454.57 $ 904,636.26 Checks ~11095 - ~11170 Dated 11-1-90 thru 11-15-90 Checks ~7864 - 7949 Dated 11-26-90 Total per attached voucher/check register Payroll Checks dated 11-9-90 Payroll Deductions Total Payroll GRAND TOTAL 2. Budget for 1990 Improvement Bonds Authorized establishment of 1990 and 1991 Budgets for the 1990 Improvement Bond issue, with budget amounts as follows: 1990: 1991: $134,200 Bond sale proceeds for debt service 650 Registrar and paying agent fees $133,550 Estimated balance 12-31-90 $184,290 Total revenues-taxes, special assessments, etc. 19,910 Transfer in from Hydrant Charge -336,810 Expenditures-principal, interest, fees, etc. $ 140 Estimated balance 12-31-91 3. Mall Area Traffic - Establish Budget Resolution No. 90-11-202 NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD, MINNESOTA CITY COUNCIL that a budget of $15,500 be established for the study phase of Project 90-22 to be funded from the State Aid Street Construction Fund. 4. Upper Afton Road, Project 86-07 - Change Order No. 2 Resolution No. 90-11-203 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA has heretofore ordered made Improvement Project 86-07 and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 86-07 Change Order Two. 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 Two in the amount of $18,000.00. The project financing is amended by increasing State Aid funding by $18,000.00. 2 11-26-90 Liquor License Olive Garden - Chan§e of Managers Approved the application of Richard J. Rice, General Manager of the Olive Garden Restaurant, for an intoxicating liquor license. F. PUBLIC HEARINGS 1. 7:00 P.M.: Project 90-14; County Road B Storm Sewer a. Mayor Bastian convened the meeting for a public hearing regarding the proposed County Road B/T.H. 61 Storm Sewer, Project 90-14. b. Manager McGuire presented the staff report. c. City Attorney Kelly explained the rules of procedure governing public hearings. d. Assistant City Engineer Irish presented the details of the report. e. Rocky Keehn of Short-Elliott-Hendrickson, Consulting Engineer for the proposed project, provided additional information. f. Mayor Bastian called for persons who wished to be heard for or against the proposal. The following voiced their opinions: Mark Olten, 1117 Lealand Road Randy Hagen, 1112 County Road B Henry Schuette, 1224 Junction Larry Fleischer, 1216 East Junction Gordon Anderson, 2255 Duluth Street Jackie Reed, 1128 East County Road B Todd Bjorklund, 1195 3unction Gary Gerke, 1252 Cope Avenue Deborah Forbes, 1071 East County Road B Bernard Miner, 1115 East County Road B Mayor Bastian closed the public hearing. Counctlmember Zappa moved this item be tabled until February 25. 1991 with direction to staff to find ways of; 1, Improving the cost aspects of the proposal, 2. Preserving trees. 3, Realigning County Road B storm sewer along the side of the road, 4, Finding alternative to going between houses at 1216 and 1224 Junction Street. 5 Checking possibility of water seeping from pond under Co. Rd. B to basement of 1071 Co. Rd. B, 6, Looking into realignment of pipe to the West rather than in the ditch behind 1071 E Co. Rd. B. 7, Determining whether pond proposed to be on Keller Golf Course cad be located e~sewhere. 8, Having something from Junction to the back yards which will catch water in back yards and divert it down toward the 'pond Councilmember Juker seconded the motion Ayes - all 3 11-26-90 8:00 P.M.: Highway 61, Beam Ave. to Co. Rd. D a. Mayor Bastian convened the meeting for a public hearing regarding the proposed Land Use Plan Amendments and Rezontngs in the area West of Highway 61, between Beam Avenue and County Road D. b. Manager McGuire presented the staff report. c. Community Development Director Olson presented the details of the proposal. d. Commissioner WtlliamRossbach presented the Planning Commission report. e. Mayor Bastian called for persons who wished to be heard for or against the proposal. The following voiced their opinions: T. G. Carey, 1175 East County Road D Jerry Mogren, 2855 Frederick (property owner in area) MarilynVars, 1140 Beam Avenue Commissioner Rossbach asked for clarification of the Council's position regarding their goal of compatibility between the Comprehensive Land Use Plan and the zoning designation. f. Mayor Bastian closed the public hearing. g. Following discussion, Council directed staff to prepare resolutions for a future consent agenda which would accomplish the following Land Use Plan and Zoning changes: h. Councilmember Zappa moved to change 1272 - 1296 County Road D to an RL Land Use Plan designation and an R1 zone. Councilmember Carlson seconded the motion Ayes - all Councilmember Zappa moved to change the area east of Kohlman Lake Overlook to an RL Land Use Plan designation and an R1 zone. The West end of 291% Highway 61 and the lot to the North should be changed to an M-1 zone, Counctlmember Carlson seconded the motion Ayes - all j. Councilmember Zappa moved to change the West half of the Mogren-Frattalone to an LSC designation on the Land Use Plan, but leave th~ F zone. Councilmember Carlson seconded the motion Ayes - Nays - Mayor Basttan, Counctlmembers Carlson, Juker, Zappa Councilmember Rossbach 8:20 P.M.: a. Rezonings: Clarence St. and South of Frost Avenue Mayor Bastian convened the meeting for a public hearing regarding the proposed rezontngs of Clarence Street South of Frost Avenue Manager McGutre presented the staff report. Community Development Director Olson presented the details of the proposal. 4 11-26-90 d. Commissioner William Rossbach presented the Planning Commission report. e. Mayor Bastian called for persons who wished to be heard for or against the proposal. The f611owing voiced their opinions: Robert Kluge, 1881 Clarence Street f. Mayor Bastian closed the public hearing. g. Councilmember Zappa introduced the following resolution and moved its apvroval: 90 - 11 - 204 P. EZONING WHEREAS, the City of Maplewood applied for a rezontng from BC (business commercial) to BC-M (business commercial-modified). WHEREAS, this rezontng applies to the property located at 1899 Clarence Street, 1344 Frost Avenue and 1350 Frost Avenue. The legal descriptions are: Lots 1, 27-29 of Block 6 (PID 15-29-22-32-0090), the North 15 feet of Lot 23 and Lots 24-26 of Block 6 (PID 15-29-22-32-0091) and except the North 15 feet, Lot 23 and Lots 22 and 2-6, Block 6, PID 15-29-22-32-0092), all in Gladstone Addition. WHEREAS, the history of this rezoning is as follows: The Planning Commission reviewed this rezoning on October 15, 1990. They recommended to the City Council that the rezoning be approved. . The City Council held a public hearing on November 26, 1990. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing an opportunity to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described rezoning for the following reasons: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 5 11-26-90 The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Mayor Basttan seconded the motion Ayes - all Counctlmember Zappa introduced the following resolution and moved its approval: 90 - 11 - 205 REZONING ~HEREAS, the City of Maplewood applied for a rezoning from BC (business commercial) to R-1 (single-dwelling residential). WHEREAS, this rezoning applies to the property located at 1889 Clarence Street and 1881 Clarence Street. The legal descriptions are: Lot 7, Block 6 (PID 15-29-22-32-0054), Lot 8, Block 6 (PID 15-29-22- 32-0055) Lots 17 and 18, Block 6, (PID 15-29-22-32-0057), and Lots 19 through 21, Block 6, (PID 14-29-22-32-0058) all in Gladstone Addition WHEREAS, the history of this rezoning is as follows: The Planning Commission reviewed this rezoning on October 15, 1990. They recommended to the City Council that the rezoning be approved. The City Council held a public hearing on November 26, 1990. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing an opportunity to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described rezoning for the following reasons: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 6 11-26-90 The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Mayor Bastian seconded the motion' Ayes - all 4. 8:35 P.M.: 2708 Mtnnehaha Ave., McDonald's Mayor Bastian convened the meeting for a public hearing regarding the proposed amendment to the Comprehensive Land Use Plan, Rezontng and a conditional use permit for 2708 Minnehaha. b. Manager McGuire presented the staff report. c. Community Development Director Olson presented the details of the proposal. d. Commissioner William Rossbach presented the Planning Commission report. e. Mayor Bastian called for persons who wished to be heard for or against the proposal. The following voiced their opinions: Francisco Call, 2707 Margaret John Moritz, owner of 2708 E. Minnehaha Tim Baylor, representing McDonald's Corporation, 1650 W. 82nd St., Bloomington f. Mayor Bastian closed the public hearing. g. Councilmember Zappa introduced the fpllowtng Plan Amendment Resolution and move4 its approvall 90 - 11 - 206 PLAN AMENDMENT RESOLUTION WHEREAS, McDonald's Corporation applied for an amendment to the City's Comprehensive Plan from RH (high density residential) to LSC (limited service commercial). WHEREAS, this amendment applies to the north 200 feet of the property located at 2708 Minnehaha Avenue. WHEREAS, the history of this plan amendment is as follows: The Planning Commission held a public hearing on August 6 and August 20, 1990 to consider this plan amendment. City staff published a notice of this hearing in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Planning Commission gave everyone at the hearing a chance to speak and present written statements. The Planning Commission recommended to the City Council that the plan amendment be approved. 7 11-26-90 The City Council discussed the plan amendment on November 26, 1990. They considered reports and recommendations from the Planning Commission and City Staff. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described plan amendment for the following reasons: 1. The amendment will be consistent with the goals and objectives of the comprehensive plan. 2. The amendment will be compatible with the planned surrounding land uses. Mayor Bastian seconded the motion Ayes - all ho Councilmember Zappa introduced the following Rezontng Resolution and moved its approval, and to table the request for a Conditional Use Permit until plans for the parkSng lot have been submitted; 90 - 11 - 207 REZONING RESOLUTION WHEREAS, McDonald's Corporation applied for a rezoning from R-1 (single- family residential) to LBG (limited business commercial). WHEREAS, this rezoning applies to the north 200 feet of the property located at 2708 Minnehaha Avenue. The legal description is: Lot 3, Block 1, Farrell's Addition (PIN 36-29-22-11-0003). WHEREAS, the history of this plan amendment is as follows: The Planning Commission reviewed this zoning on August 6 and August 20, 1990. They recommended to the City Council that the rezoning be approved. The City Council held a public hearing on November 26, 1990. City staff published a notice of this hearing in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described rezoning for the following reasons: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 8 11-26-90 The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Counctlmember Rossbach seconded the motion Ayes all i. Councilmember Juker moved to suspend the rules and extend the meeting to p,m, Counctlmember Zappa seconded the motion Ayes - all 5. 9:00 P.M.: Design Standards (2nd Reading) a. Mayor Bastian convened the meeting for a public hearing of the Design Review Board Standards in ordinance. b. Manager McGuire presented the staff report. c. Community Development Director Olson presented the details of the proposal. Mayor Bastian questioned whether the City has any recourse when trees and/or other required plantings do not survive. Discussion followed regarding what could be done to correct this type of problem. e. Councilmember Juker moved to table the Ordinance until changes have been made which would give the means to require replacement of dead trees and shrubs, Councilmember Rossbach seconded the motion f. Mayor Bastian stated he was not recognizingthe second, preferring to approve the ordinance now and add the additional controls through an amendment. Councilmember Rossbach withdrew the second. Counctlmember Juker withdrew the motion. g. Mayor Bastian called for persons who wished to be heard for or against the proposal. There were none. h. Mayor Basttan closed the public hearing. i. Mayor Basttan introduced the following ordinance for second reading and moved its ORDINANCE NO. 676 AN ORDINANCE ADDING DESIGN STANDARDS THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 1. Section 36-18 is deleted. 9 11-26-90 Section 2. Sec. 36-24. Sec. 36-25. Section 3. Section 4. Sec. 36-28. Sec. 36-18. Reserved. Sections 36-24 through 36-26 are deleted and reserved for future use: Reserved. Reserved. Section 36-26 (Fees) is moved to Section 36-20. Section 36-28 is amended as follows: Additional design standards. (a) All construction and landscaping shall comply with the plans approved by the City. (b) The property owners shall maintain their building and grounds in at least as good a condition as when originally completed. Maintenance shall include: (1) Replacing any landscaping shown on the approved plan that dies. (2) Picking up all trash and debris from the grounds. (3) Removing all noxious weeds. (4) Watering the grass, trees and shrubs. (5) Repairing any exterior parts of the building that deteriorate or break. (c) The developer of any project, other than single or double dwellings, shall do the following: (1) Install parking lot lighting. Lighting shall not be directly visible from any residential area or public street. Lighting shall not exceed one-foot candle at a residential property line. Residential areas are areas planned or used for residential purposes. (2) Drain all stormwater run-off from impervious surfaces to an underground, on- site storm~ater collection system that is connected to a public stormwater system. (3) Restore any public right-of-way, adjacent property or property irons disturbed by the construction. (4) Install stop signs, handicap signs and building address signs as required by the City. (5) Construct parking lots with the following minimum setbacks: a. Fifteen feet from a street right-of-way. b. Five feet from all other property lines. This setback shall he increased to twenty feet if the adjacent property is used or shown on the city's land use plan for residential use. (6) Construct all buildings, except single- and two-family homes, with the following minimum setbacks: a. Thirty feet from a street right-of-way. b. Fifty feet from property that is used or shown on the City's land use plan for residential use. This setback shall be increased up to 75 feet based on the more restrictive of the following requirements: 10 11-26-90 Building height: The building setbacks shall be increased two (2) feet for each one foot the building exceeds twenty-five (25) feet in height. Exterior wall area: Where an exterior wall faces a residentially- zoned property, the wall setback shall be increased five (5) feet for each one thousand (1,000) square feet, or part thereof, in excess of two thousand (2,000) square feet. (7) The City Council may approve a conditional use permit to allow an addition within a required setback if: a. The required findings in Section 36-442 for a conditional use permit are met. b. The setback would be consistent with the setbacks for surrounding properties. c. At least ~0% of the addition would be screened from property that is used or shown on the City's land use plan for residential use. (8) Plant trees with the following minimum sizes: a. Large deciduous trees - 2 1/2 inches in diameter, balled and burlapped. b. Small deciduous (ornamental) trees - 1 1/2 inches in diameter, balled and burlapped. c. Evergreen trees - six feet in height. (9) Install a lawn irrigation system that will not spray on public streets or sidewalks. (10) Use low-maintenance materials on buildings. (11) Use building materials that are compatible in quality with similar development in the area. (12) Locate any bike racks so they do not interfere with vehicular or pedestrian traffic or fire lanes. (13) Preserve significant natural features, such as wetlands and large trees, as. required in the Environmental Protection Ordinance (Chapter 9, Article IX). (14) Provide on-site loading and unloading space where needed so that public streets are not used for this purpose. Section 5. Section 36-109 is amended as follows: Sec. 36-109. Same--Off-street parking. (a) An open parking stall shall be a minimum distance of fifteen (15) feet from a dwelling-unit window. 11 11-26-90 (b) Where a garage or carport opens to a public street, the width of the driveway onto that public street shall not exceed twenty-four (24) feet in width, and in no event shall a series of garages open directly to that street. Where a series of garages face each other on a private road, the minimum width separating garages shall be thirty (30) feet in order to provide visibility in backing out or turning around. Section 6. Section 36-112 is deleted as follows: (2) Maximum density; The density shall not exceed the maximum density permitted by the land use classification and people per unit designated in the city's adopted comprehensive plan. Section 8. Section 36-130, NC District, is hereby deleted as follows: Sec. 36-130. District standards. (a) Building design. Buildings in this district shall be designed to be compatible with their surrounding land uses. If more than one use on a site, they shall be planned and organized as a unit. Pedestrians should be able to walk between stores without crossing vehicular traffic lanes. There shall be no exterior storage, other than a trash receptacle which shall be screened as required by section 36-26 of the zoning code. (b) Lot coverage. landscaped. At least fifteen (15) percent of the site shall be Secs. 36- 130 - 36-135. Reserved. Section 9. Sections 36-140 and 36-141, CO district, are hereby deleted. Secs. 36- 140 - 36-150. Section 10. Section 11. Section 12. Reserved. Section 36-151 (3), BC district, is hereby deleted. Section 36-155 (f), BC (M) district, is hereby deleted. Section 36-154 (b), LBC district, is hereby deleted. Section 13. Sections 36-171 and 36-172, SC district, are hereby deleted. Sec, 36-171. Reserved. Sec. 36-172. Reserved. Section 14. Section 36-174 is deleted. Secs. 36- 174 36-185. Reserved. Section 15. Section 36-188, M-1 district, is hereby deleted. Secs. 36-188 36-200. Reserved. 12 11-26-90 Section 16. Sections 36-203 and 36-204 are hereby deleted. Secs. 36- 203 36-225. Reserved. Section 17. This ordinance shall take effect upon its passage and publication. Counctlmember Zappa seconded the motion Ayes - all Counctlmember Rossbach moved tO suspend the rules in orde~ to handle H-1. H-2 and I-1 before other business in order to accommodate the people who were waiting, Councilmember Zappa seconded the motion Ayes - all AWARD OF BIDS None UNFINISHED BUSINESS U. S. West Easement Request a. Manager McGuire presented the staff report b. Steven Ripson of Evergreen Land Services Co. answered questions regarding the switch cabinet and siting. c. Councilmember Rossbach moved to grant the easement, with the switch cabinet moved as far back on the site as practical without removing existing trees and screene4 with at least five (5) evergreen trees. ensure appropriate location. Councilmember Carlson seconded the motion 2. Vista Hills Park - Change Order No. 1 Applicant is to work with City staff Ayes - Mayor Bastian, Councilmembers Carlson and Rossbach Nays - Councilmembers Juker and Zappa a. Manager McGuire presented the staff report b. Parks & Recreation Director Odegard presented the details of the request. c. Commissioner Fiebiger of the Park and Recreation Commission presented the Commission's opinion. d. Mayor Bastian moved approval of Change Order No, 1. authorizing appropriation of $10,200 from the PAC Commercial Account to pay for correction of soil problems in Vista Hills Park. Councilmember Carlson seconded the motion Ayes.- Mayor Bastian, Councilmembers Carlson, Juker, Rossbach Nays - Zappa It being 11:00, the meeting was recessed until 4:30 P.M., Thursday, November 29, 1990 13 11-26-90 A, CALL TO ORDER Mayor Bastian reconvened the meeting at 4:35 P.M. on Thursday, November 29, 1990 in the Council Chambers. B. ROLL CALL Gary W. Basttan, Mayor Dale H. Carlson, Councilmember Frances L. Juker, Councilmember George F. Rossbach, Councilmember Joseph A. Zappa, Councilmember Present Present Present Present Present H? UNFINISHED BUSINESS (cont'd) 3. Code Change: Approval of Plans (lst Reading) a. Manager McGutre presented the staff report b. Community Development Director Olson presented the details of the proposal. Councilmember Zappa moved to refer the proposal to staff to rewrite in a more orderly fashion, Councilmember Juker seconded the motion Ayes all Code Change: Truth-in-Housing (2nd Reading) Manager McGuire presented the staff report Community Development Director Olson presented the details of the report Councilmember Juker introduced the following ordinance and moved its adoption; ORDINANGE NO. 677 AN ORDINANCE AMENDING THE INSURANCE REQUIREMENTS OF THE TRUTH-IN-SALE OF HOUSING ORDINANCE THE MAPLEWOOD CITY COUNCIL does hereby ordain as follows: Section 1. Section 9-241 (e) is amended as follows: Section 9-241 (e). The insurance policy shall provide coverage of not less than $250,000 per claim per year, aggregate, against any and all liability imposed by law resulting from the performance of the duties as a certified Truth in Sale of Housing evaluator. Section 2. This ordinance shall take effect upon its passage and publication. Councilmember Zappa seconded the motion Ayes all 14 11-26-90 Code Change: Sanitary Sewer Connection (2nd Reading) a. Manager McGutre presented the staff report b. Community Development Director Olson presented the details of the proposed change. c. Councilmember Zappa tntroduce~ the following Ordinance and moved %ts adoption: ORDINANCE NO. 678 AN ORDINANCE AMENDING THE MAPLEWOOD CODE SECTION 28-44 Section 1. Section 28-44 is hereby amended as follows: Sec. 28-44. Notices to install plumbing and to make connections; installations, etc., by City; assessments against benefit properties; etc. Whenever any building has not been connected to the municipal sanitary sewer system, as required in Section 28-41 and Section 28-43 of this article, the City Manager or his duly authorized representative, upon actual notice thereof, shall serve a written notice upon the owner or occupant to install plumbing and make such connection, as required by this article, within thirty (30) days after service of said notice. If the owner or occupant fails to install plumbing and make a sewer connection the City sanitary sewer system within thirty (30) days after such written notice is given, and proof of such service of notice has been filed with the City Clerk, the City Council may, by resolution, direct that sanitary plumbing and sewer connections be made. The cost of such installation shall be paid in the first instance by the City of the general fund of the City and the actual cost thereof shall thereafter be assessed against the property benefited. After such installation and connection is completed there shall be served a written notice of such assessment and an order directing the owner of the property, or his representative, to pay the assessment within ten (10) days, the same shall be certified to the County Auditor for collection as other assessments for benefits; except that, such assessment may be spread over a term of three (3) years, if so requested when certified, and the assessment shall become a lien upon the property until paid. (Code 1965), §206.150(B). Section 2. This ordinance shall take effect upon its passage and publication. Councilmember Juker seconded the motion Ayes all NEW BUSINESS Code Change: PAG Charge (lst Reading) a. Manager McGutre presented the staff report b. Parks & Recreation Director Odegard presented the details of the proposed changes c. Councilmember Zappa moved to abolish PAG charges in MaDlewood There was no second to the motion 15 11-26-90 d. Mayor Bastian moved first reading of the ordinance regardinm establishing PAC charge~ Councilmember Carlson seconded the motion Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach Nays - Zappa Abstained - Councilmember Juker 2. Use of Residential Streets a. Manager McGutre presented the staff report b. Community Development Director Olson presented the details of the report c. Councilmember Zappa moved staff send a letter to Mr. Supan informing him that his concerns were addressed, Mayor Bastian seconded the motion Ayes all ao Mayor Bastian seconded the motion Size of Planning Commission Manager McGuire presented the staff report Community Development Director Olson presented the details of the report Counctlmember Zappa moved to take no action toward changing the size of the Planning Commission, Ayes all Jo VISITOR PRESENTATIONS 1. William Rossbach mo Mr. Rossbach stated the motion to take no action in reducing the number of Planning Commission members is the action the Planning Commission is happy about as they prefer eleven members. K, COUNCIL PRESENTATIONS 1. Community Center Councilmember Rossbach stated he has heard the Community Center Committee was disappointed that there was very little discussion and no action was taken when their report was submitted. bo Since the Committee is expected to be at the December 10 meeting when the Community Center will be discussed, it was decided no action was needed at this time. 16 11-26-90 2. County Road B a. Councilmember Juker asked whether the asphalt has been completed on County Road B, between Prosperity and Hazelwood, or if there is more to be added. City Engineer Haider stated that is only the base course. The contractor was directed to wait until next year to add the wear course so they can address any problems which may arise over the winter. He also stated the contractor will have to put another coat of mix on all the driveways before winter. 3. Frost Avenue Signs ao Councilmember Juker moved the Planning Department be directed to investigate the signs on Frost Avenue aS they are deteriorating badly, and also to investigate whether permits weve issued for thes~ signs. Mayor Basttan seconded the motion Ayes - all Beam & Hazelwood a. Councilmember Zappa questioned when lights will be in operation on Beam and Hazelwood, suggested why poles could not be in place before lights are ready. bo City Engineer Hatder indicated the lights should be completed the end of this week or beginning of next week, and that the City has taken the initiative in making this improvement as traffic volumes at this time would not justify installing lights. 5. Landfill Content Restrictions mo Mayor Bastian stated this was discussed at work session relative to KohlmanLake fill. Staff has already red-tagged the violator, is some change needed to prevent a reoccurrence, there or anywhere else. bo City Engineer Hatder stated he personally felt some change was needed. Presently the City relies on the Uniform Building Code to regulate filling, etc., but could probably have a much stronger ordinance which would perhaps be easier to understand and enforce. Mayor Bastian moved staff proceed with oreparing, at a pace compatible with current workload, an outline of alternatives for Council to discuss at a future meeting. Councilmember Carlson seconded the motion Ayes - all Volume-Based Garbage Rates a. Councilmember Rossbach stated that, although we have volume-based garbage rates written into our current ordinance, the rates used by haulers are not equitable and low-volume users are subsidizing the high-volume users. b. City Attorney Kelly cautioned Council with regard to free trade laws. 17 11-26-90 c. Councilmember Rossbach moved staff investigate comparative rates in cities where there is central hauling, and determine what alternatives we have, Mayor Bastian seconded the motion Ayes all 7. Meeting Dates - Mayor's Update a. Mayor Bastian announced dates for future meetings: 1. Forum on Saturday, December 1, 1990 at City Hall, 9:00 a.m. - 12:00 Noon 2. Roseville Area Schools Breakfast at 7:30 a.m., December 14, 1990 Suburban Chamber at Hewlett-Packard Building on December 6, 1990 (Mayors of the communities in the North Suburban Chamber re resolving common concerns - tax reform, equity in State Aid, restraint). Previously distributed copy of letter from Representative Long's office regarding initiatives on phosphate-free soaps. Press conference December 12, 1990, and want a sense of what communities are interested in being involved. 5. Ramsey County League of Local Governments banquet notice - December 19, 1990 at Shoreview Holiday Inn, 6:15 p.m. - dinner at 7:00 p.m. 6. Super America Shootout: 240 soccer teams at the indoor soccer center December 19, 1990 - January 1, 1991. bo Councilmember Zappa stated he and Councilmember Carlson had attended the League of Minnesota Cities Legislative Workshop recently and found it very productive and very interesting. All proposals LMC presented were passed unanimously. ADMINISTRATIVE PRESENTATIONS 1. Council/Manager Meeting a. Mayor Bastian announced City Manager McGuire had requested a Council/Manager meeting on Monday, December 3, 1990 to discuss Police Study - meeting will start at 4:30 p.m. b. City Manager McGuire also indicated he would like to meet with Council following the 4:30 p.m. pre-agenda meeting on Thursday, December 6, 1990. ADJOURNMENT Counctlmember Zappa moved the meeting be adjourned Meeting was adjourned at 6:03 p.m. Ayes - all 18 11-26-90