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HomeMy WebLinkAbout02-24-92 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, February 24, 1992 Council Chambers, Municipal Building Meeting No. 92-04 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 7:00 P.M. by Mayor Bastian. B. PLEDGE OF ALLEGIANCE C. ROLL CALL: Gary W. Bastian, Mayor Present Dale H. Carlson, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present Joseph A. Zappa, Councilmember Present D. APPROVAL OF MINUTES 1.Council/Manager Meeting February 3, 1992 Councilmember Zappa moved to approve the minutes of Council/Manager meeting as presented. Seconded by Councilmember Rossbach Ayes - all 2.Meeting No. 92-04 (February 10, 1992) Councilmember Rossbach moved to approve the minutes of Meeting No. 92-03 as presented. Seconded by Councilmember Juker Ayes -Mayor Bastian, Councilmembers Carlson, Juker, Rossbach Nays - None Abstain -Councilmember Zappa E. APPROVAL OF AGENDA Mayor Bastian moved to approve the Agenda as amended: L.1 Amy Peterson L.2 Setback Appeal L.3 Chief's Letter L.4 McKnight Road - Speed, Signs, 3-M L.5 Joint Meeting - Library Board L.6 Mayor's Update M.lUpcoming Meetings Seconded by Councilmember Zappa Ayes - all 1 2-24-92 G. CONSENT AGENDA: Councilmember Zappa moved, seconded by Councilmember Rossbach; ayes - all, to approve the consent agenda items G-1 thru G-6 as recommended. 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 308,171.52 Checks #25273 - #25328 Dated 2- 3-92 thru 2-12-92 $ 229,410.89 Checks #16239 - #16381 Dated 2-24-92 $ 537,582.28Tota1 per attached voucher/check register PAYROLL: $ 201,815.28Payroll Checks #25234 thru #25398 Dated 2-14-92 $ 38,378.45 Payroll Deduction checks #25403 thru #25419 dated 2-14-92 $ 240,193.73 Total Payroll $ 777,776.14 GRAND TOTAL 2.Planning Commission's Annual Report Accepted with thanks the Planning Commission's 1991 Annual Report. 3.Proclamation: Volunteers of America Week - March 1-8, 1992 Approved the following proclamation for Volunteers of America Week: VOLUNTEERS OF AMERICA WEEK March 1-8, 1992 WHEREAS, the Volunteers of America, a Christian social service organization and one of the nation's largest human services agencies, is celebrating its 96th year of service to the people of Minnesota and the nation; it is therefore certainly appropriate for us to join in the observance of this milestone with the commemoration of March 1-8, 1992, as Volunteers of America Week; and WHEREAS, volunteers have enriched the life of our community through their compassionate, yet practical crusades, and have extended spiritual fellowship where most urgently needed; and WHEREAS, volunteerism has fostered the development of partnerships between the public and private sectors of the City of Maplewood to face community challenges; and WHEREAS, volunteers are a vital resource and have transformed lives for those who give as well as for those who receive within the City of Maplewood; and WHEREAS, the state of Minnesota and our nation are recognizing volunteers for their contributions through the Minnesota Volunteer Recognition Week and the National Volunteer Week of April 26-May 2, 1992; and 2 2-24-92 WHEREAS, the City of Maplewood is proud of the efforts of our volunteers, and believes that their selfless giving has made our world a better place in which to live; NOW, THEREFORE, BE IT RESOLVED, that I, Gary W. Bastian, Mayor of the City of Maplewood, do hereby proclaim the week of March 1-8, 1992, as VOLUNTEERS OF AMERICA WEEK in Maplewood. AND, BE IT RESOLVED, that copies of this proclamation be transmitted to the Volunteers of America as evidence of our esteem. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the City of Maplewood to be affixed this 24th day of February in the year of our Lord one thousand nine hundred and ninety-two. 4.1992 Pay Rates - Temporary & Part-Time Employees (Non-Union) a.Councilmember Zappa moved to increase laborer wage from $6.45 to $7.06. Seconded by Councilmember Rossbach Ayes -Councilmembers Rossbach, Zappa Nays -Mayor Bastian, Councilmembers Carlson, Juker Motion failed Approved the following Resolution: 92 - 02 - 19 1992 TEMPORARY AND PART-TIME PAY RATES (NON-UNION) WHEREAS, according to the Minnesota Public Employees Labor Relations Act, part-time employees who do not work more than 14 hours per week and temporary employees who do not work in excess of 67 days in a calendar year are not covered by union contract wage rates. NOW, THEREFORE, BE IT RESOLVED, that the following pay rate maximums are hereby established for temporary and part-time employees effective February 24, 1992. Recreation Worker $12.02 per hour Recreation Official 18.07 per game Puppeteers 30.10 per show Accountant 15.14 per hour Administrative Assistant 13.28 per hour Secretary 11.00 per hour Accounting Clerk 11.38 per hour Clerk-Typist 10.18 per hour Election Judge 5.95 per hour Election Precinct Chairman 6.20 per hour Laborer 6.45 per hour Engineering Aide 7.06 per hour Janitor 5.40 per hour 3 2-24-92 BE IT FURTHER RESOLVED, that the minimum pay rates for each of the above be (1) the amount specified by Federal and/or State law for those positions covered and (2) $2.75 per hour for those positions not covered by Federal or State law. BE IT FURTHER RESOLVED, that the City Manager shall have the authority to set the pay rate within the above ranges. S.Conditional Use Permit Review: Kennard St. (Korridor Capital Investments, Inc.) Renewed a Conditional Use Permit to allow time for final grading west of Kennard Street. The CUP will be reviewed again May 11, 1992 to consider ending it. 6.Acquisition of Tax-Forfeit Property Approved the following Resolutions for acquisition of tax-forfeit lands for purposes of ponding, drainage and roadway right-of-way: 92 - 02 - 20 WHEREAS, the parcel described as Farrell's Addition, Lot 5, Block 2: PIN 36- 29-22-11-0011-2 is necessary for storm-water ponding purposes, and; WHEREAS, acquisition of the above-referenced parcel would be consistent with the city's drainage plan, and; WHEREAS, said parcel is listed as tax forfeit. NOW, THEREFORE, BE IT RESOLVED that the proper City officials be and hereby are authorized to make an application for acquisition via use deed of said tax-forfeited land; and BE IT FURTHER RESOLVED that the City Clerk be and hereby is authorized to file a certified copy of this Resolution and application for acquisition via use deed of said tax-forfeited land in the Office of the Land Commissioner. 92 - 02 - 21 WHEREAS, the parcel described as Minty Acres subject to easements Lot 4 and Lot 5, Block 1: PIN 36-29-22-12-0001-2 is necessary for storm-water ponding purposes, and; WHEREAS, acquisition of the above-referenced parcel would be consistent with the City's drainage plan, and; WHEREAS, said parcel is listed as tax-forfeit. NOW, THEREFORE, BE IT RESOLVED that the proper City officials be and hereby are authorized to make an application for acquisition via use deed of said tax-forfeited land; and 4 2-24-92 BE IT FURTHER RESOLVED that the City Clerk be and hereby is authorized to file a certified copy of this Resolution and application for acquisition via use deed of said tax-forfeited land in the Office of the Land Commissioner. 91 - 02 - 22 WHEREAS, the parcel described as Section 4, Township 29, Range 22 except the E 160 feet of the S 224 96/100 feet of the N 834 96/100 feet of the E 9 acres of the NW 1/4 of the NE 1/4 of Section 4, Township 29, Range 22: PIN 04-29-22-12-0007-9 is necessary for roadway right-of-way purposes, and; WHEREAS, said parcel is listed as tax-forfeit. NOW, THEREFORE, BE IT RESOLVED that the proper City officials be and hereby are authorized to make an application for acquisition via use deed of said tax-forfeited land; and BE IT FURTHER RESOLVED that the City Clerk be and hereby is authorized to file a certified copy of this Resolution and application for acquisition via use deed of said tax-forfeited land in the Office of the Land Commissioner. G. PUBLIC HEARINGS 1.7:00 P.M. (7:10 P.M.), Code Change: Car Washes and Maintenance Garages (1st Reading) a.Mayor Bastian convened the meeting for a public hearing regarding a change in the City Code to allow a Jiffy Lube at 2829 White Bear Ave. b.Manager McGuire presented the staff report. c.Director of Community Development Olson presented the specifics of the report. d.Commissioner Pearson presented the Planning Commission report. e.Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: John Anderson, 10832 Normandale, Bloomington - representing Jiffy Lube f.Mayor Bastian closed the public hearing. g.Councilmember Carlson moved first reading amending Section 36-6 regarding car brushes, maintenance, garbage and residential lot lines. Seconded by Councilmember Zappa Ayes -Councilmembers Carlson, Zappa Nays -Mayor Bastian, Councilmembers Juke r, Rossbach Motion Failed 5 2-24-92 2.7:20 P.M.(7:57 P.M.), House Moving: 2375 Minnehaha - Vietoris a.Mayor Bastian convened the meeting for a public hearing regarding a request to move a house onto the property at 2375 Minnehaha and set it back 105 feet from Minnehaha Street. b.Manager McGuire presented the staff report. c.Director of Community Development Olson presented the specifics of the report. d.Boardmember Michael Holder presented the Community Design Review Board report. e.Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Marty Vietoris, 8130 St. Croix Trail, Lake Elmo, the applicant Terry Semple, Semple House Movers f.Mayor Bastian closed the public hearing. g.Councilmember Rossbach moved to approve the 105 foot front setback to allow having the house in line with the existing garage and because a lesser setback may cause drainage problems for the house to the West and there was an existing house on this location; also to approve moving the one-story rambler-style house onto the lot at 2375 Minnehaha Avenue. Seconded by Councilmember Zappa h.Mayor Bastian moved to eliminate Item B-1 of the staff report. Seconded by Councilmember Carlson Ayes -Mayor Bastian, Councilmembers Carlson, ]uker Nays -Councilmember Rossbach, Zappa Vote taken on original motion: Ayes -Mayor Bastian, Councilmembers Carlson, ]uker, Zappa Nays -Councilmember Rossbach Conditions approved: 1.Give the City a signed agreement to convey title. This agreement shall give the City the right to take possession of the house and property if the required work is not completed within 180 days after the City issues the moving permit. This agreement would allow the City the right to complete the construction required by Code or demolish and remove the structure. The City Attorney shall draft this agreement. 2.Build a driveway turnaround. 3.Put house numbers on the house as Code requires. 4.Submit a drainage plan to the City Engineer before getting a building or moving permit. This plan must show that the storm water 6 2-24-92 run-off from this site will not cause an adverse effect on surrounding properties. S.Exterior of house and garage will be in conformance with applicable City Codes. i.Councilmember Zappa moved to waive the Rules of Procedure and reconsider the vote on Item G-2. Motion failed for lack of a second. 3.7:40 P.M. (8:28 P.M.), Conditional Use Permit Revision: Gervais Ave (Cottages of Maplewood West) a.Mayor Bastian convened the meeting for a public hearing regarding a request from Cottages of Maplewood West for revision of condition fourteen of the Conditional Use Permit. b.Manager McGuire presented the staff report. c.Director of Community Development Olson presented the specifics of the report. d.Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: John Arkett, the developer Mrs. Art Wilde, 2464 Flandrau Art Wilde, 2464 Flandrau Brian Schultie, 2473 Flandrau Bruce Mogren, speaking on behalf of his Father, Gerald Mogren, one of the developers Pat Duong, 2448 Flandrau e.Mayor Bastian closed the public hearing. f.Councilmember Juker moved to amend condition 14a of Conditional Use Permit, adding a comma after report and adding a statement regarding 2-way traffic on west roadway. Seconded by Councilmember Zappa g.Following discussion, Councilmember Juker withdrew her motion. h.Councilmember Zappa introduced the following Resolution and moved its adoption: 92 - 02 - 23 CONDITIONAL USE PERMIT REVISION WHEREAS, Cottages of Maplewood West Limited Partnership applied for a conditional use permit revision for the Cottages of Maplewood West planned unit development. 7 2-24-92 WHEREAS, this permit applies to the undeveloped property on the north side of Gervais Avenue, east of Flandrau Street. The legal description is: The north 689.64 feet of the south 989.64 feet of Lot 2, the north 284.67 feet of the south 989.64 feet of the west 15.0 feet of Lot 1, and the south 704.97 feet of Lot 1, all in E. G. Rogers Garden lots, Ramsey County, subject to Gervais Avenue road easement. WHEREAS, the history of this conditional use permit is as follows: 1.The City Council approved this conditional use permit on December 30, 1991. 2.The City Council held a public hearing to consider this revision on February 24, 1992. City staff published a notice in the paper 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 of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council revise Condition 14 of the conditional use permit for the Cottages of Maplewood West for the following reasons: 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4.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. S.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. 6.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. 7.The use would not create excessive additional costs for public facilities or services. 8.The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9.The use would cause minimal adverse environmental effects. 8 2-24-92 14.The CDRB shall review a revised site plan for a project of 94 to 106 units which provides for the following: a.Compliance with the site plan concept labelled "Alternative 3" in the February 6, 1992 Staff Report, except as amended by Council at the 2-24-92 meeting. 2-way traffic westerly as indicated up to parking lot, the westerly roadway to be 24 feet wide, with the 4 additional feet to be on the east side. b.There may be two (2) access points to the Cottages of Maplewood West project. c.There shall be berming and planting on the westerly property line to provide screening and buffering for the residential properties pursuant to City Code. d.The CDRB shall report back to the Council on the quality of the exterior materials. Seconded by Councilmember Carlson Ayes -Councilmembers Carlson, Juke r, Rossbach, Zappa Nays -Mayor Bastian 9:28 P.M. Mayor Bastian called for a 5-minute recess Meeting reconvened at 9:37 P.M. 4.8:00 P.M., Highwood-McKnight Outlet: Project 90-10 (4 Votes) a.Mayor Bastian convened the meeting for a public hearing regarding Project 90- 10. b.Manager McGuire presented the staff report. c.City Attorney Kelly explained the procedures of the public hearing. d.Assistant City Engineer Irish presented the specifics of the report. e.Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Karl Maidment, 824 So. McKnight Rd. Roxanne Moore, 2345 Highwood Bruce Lindert, 2334 Oak Heights Ct. George Andrea, 1113 Lakewood Edward Fitzgerald, 2284 Moreland Court Dave Wegner, 2299 Moreland Court Letter from Raymond & MaryLee Maida, 2322 Highwood Don Monson, 2285 Moreland Court Mark LeClair, 770 Dorland Dominic Ramacier, 865 Lakewood Drive Terry Spawn, 2360 Timber Trail Joseph Pittipaldi, 2371 Highwood Bill Poppert, 2433 Highwood 9 2-24-92 f.Mayor Bastian moved to suspend the Rules of Procedure and hear Item G-4 until 11:00 p.m. and if not finished, continue the hearing until March 9, 1992 and the remaining Agenda will be completed tonight. Seconded by Councilmember Zappa Ayes -Mayor Bastian, Councilmembers Carlson, Rossbach, Zappa Nays -Councilmember Juker f.Mayor Bastian closed the public hearing. g.Councilmember Zappa introduced the following Resolution and moved its adoption: 92 - 02 - 24 RESOLUTION ORDERING PROJECT 90-10 WHEREAS, after due notice of public hearing on the construction of storm sewer, sanitary sewer and services, and stormwater ponding areas as part of Highwood-McKnight Outlet, City Project 90-10, a hearing on said improvement in accordance with the notice duly given was duly held on February 24, 1992, and the Council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1.That it is advisable, expedient and necessary that the City of Maplewood construct storm sewer, sanitary sewer and services, and stormwater ponding areas as part of Highwood-McKnight Outlet, City Project 90-10 as described in the notice of hearing thereof, and orders the same to be made. 2.The City Engineer is designated Engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 3.The project budget is amended to $914,000. The project financing shall be as follows: Special Assessments $304,600 Cash payment from Gonyea 57,600 Payment from Ramsey County 20,000 General Obligation 531,800 TOTAL $914,000 Seconded by Councilmember Juker Ayes -all H. AWARD OF BIDS 1.Public Safety - Patrol Vehicles a.Manager McGuire presented the staff report. b.Director of Public Safety Collins presented the specifics of the report. c.Mayor Bastian asked if anyone wished to speak before the Council regarding 10 2-24-92 this matter. No one appeared. d.Mayor Bastian moved to authorize purchase of 8 1992 marked patrol vehicles: 5 for the Patrol Division, 2 for the Paramedic Division and 1 for the Fire Marshal. Seconded by Councilmember Juker Ayes -all I. UNFINISHED BUSINESS NONE NEW BUSINESS 1.2194 Van Dyke (Launderville): Conditional Use Permit Review Home Occupation Permit Review a.Manager McGuire presented the staff report. b.Director of Community Development Olson presented the specifics of the report. c.Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following were heard: Ron Launderville, 2194 Van Dyke, the applicant Connie Launderville, 2194 Van Dyke, the applicant Letter from resident of 2210 Van Dyke - in favor Letter from resident of 2182 Van Dyke - in favor Letter from June Ryan, 2230 Van Dyke - in favor d.Councilmember Juker moved to continue the Conditional Use Permit and Home Occupation License until May 2, 1992. Seconded by Councilmember Carlson Ayes -Mayor Bastian, Councilmembers Carlson, Juker, Rossbach Nays -Councilmember Zappa 2.Building Relocation Ordinance (1st Reading) a.Manager McGuire presented the staff report. b.Councilmember Zappa moved 1st reading of the proposed Building Relocation Ordinance. Seconded by Mayor Bastian Ayes -all 3.Larpenteur Ave. - 35E - Edgerton: Project 86-27 a.Manager McGuire presented the staff report. 11 2-24-92 b.Councilmember Carlson moved to concur with Ramsey County in the award of bid for bridge replacement and street reconstruction on Larpenteur Avenue, with Maplewood's share of the cost and financing for the proiect as follows: Storm Sewer Assessment $ 59,219 Street Assessment 22,875 Municipal State Aid 98,548 Maplewood's share according to Agreement $180,642 Seconded by Councilmember Rossbach Ayes -all 4.District 22 Sanitary Sewer - Project 91-10 a.Manager McGuire presented the staff report. b.Director of Public Works Haider presented the specifics of the report. c.Councilmember Zappa introduced the following Resolution and moved its adoption: 92 - 02 - 25 RESOLUTION ORDERING PROJECT 91-10 WHEREAS, pursuant to resolution of the Council, a feasibility report has been prepared for the District 22 Trunk Sanitary Sewer Replacement, Project 91-10. This report was received by the Council on February 24, 1992. NOW, THEREFORE, BE IT RESOLVED that the recommended improvements should be constructed. The City Engineer is directed to prepare plans and solicit bids for the work. FURTHERMORE, a budget of $466,000 from the sanitary sewer funds is appropriated. The costs of District 22 sanitary sewer work, estimated at $366,000, shall be repaid to the sewer fund from the tax-increment financing for the Cottages of Maplewood-West project. Seconded by Councilmember Carlson Ayes -all K. VISITOR PRESENTATIONS 1.Roger Claussen, Keller Lake Lounge a.Mr. Claussen wished to be allowed to hold a "Cadillac Dinner" or a "Casino Night" at his liquor establishment. b.Councilmember Zappa moved to refer to staff to research such a request. Seconded by Councilmember Rossbach Ayes - all L. COUNCIL PRESENTATIONS 12 2-24-92 1.Amy Peterson a.Councilmember ]uker stated that Amy Peterson from Maplewood won a silver medal in the Winter Olympics. b.Councilmember ]uker moved the City present Amy Peterson with a Proclamation and a pin. Seconded by Councilmember Zappa Ayes -all 2.Setback Ordinance Appeal a.Councilmember ]uker moved to refer the ordinance to staff for review. Seconded by Mayor Bastian Ayes - all 3.Police Chief's Letter a.Councilmember Rossbach requested staff provide information to the citizens on police procedures for missing persons. 4.McKnight Road Speed Signs - 3M a.Councilmember Zappa stated he was asked by various people for better policing of McKnight Road. b.Councilmember Zappa moved staff investigate better sipnape on McKnipht(there are now 3 speed limits signs); that a notice be sent to 3M Company stating what the speed limit is on McKnight Road and stating that it will be watched; and that police enforce speed limits on McKnight Road. 5.]oint Meeting - Library Board a.Councilmember Carlson stated the Library Board would like to have a joint meeting with the Council. b.Councilmember Carlson moved to invite the Library Board to meet with Council on April 6, 1992 after the Council/Manager Meeting. Seconded by Mayor Bastian Ayes -all 6.Mayor's Update a.Mayor Bastian commented on future meetings. b.The next Mayor's Forum is March 14 at City Hall. M. ADMINISTRATIVE PRESENTATIONS 1.Upcoming Meetings a.Manager McGuire asked if Council will be meeting with the top 3 candidates for the Planning Commission appointment. b.Council directed the Manager to establish such a meeting. 13 2-24-92 N. ADJOURNMENT OF MEETING Meeting adjourned at 11:46 p.m. Lucille E. Aurelius City Clerk 14 2-24-92