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HomeMy WebLinkAbout07-27-92 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, July 27, 1992 Council Chambers, Municipal Building Meeting No. 92-14 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. Juke r, Councilmember Present George F. Rossbach, Councilmember Present Joseph A. Zappa, Councilmember Absent D. APPROVAL OF MINUTES: 1.Council/Public Information Meeting, July 9, 1992 Councilmember Rossbach moved to approve the minutes of the Council/Public Information Meeting of July 9, 1992 as presented. Seconded by Mayor Bastian Ayes - all 2.Meeting 92-13, (July 13, 1992) Councilmember Juker moved to table the minutes of Meetinp No. 92-13 (July 13, 1992) to allow time to completely review them. Seconded by Mayor Bastian Ayes - all E. APPROVAL OF AGENDA Mayor Bastian moved to approve the Agenda as amended. L-1Proposed Fire Department/Council Meeting L-2 Mayor's Update Seconded by Councilmember Rossbach Ayes - all F. CONSENT AGENDA: a.Councilmember Rossbach moved removing item F-3 from the Consent Agenda and placing it after item G-3 (as G-3A) because of the relationship between the two. Seconded by Mayor Bastian Ayes -all 1 7-27-92 b.Mayor Bastian moved, seconded by Councilmember Rossbach; ayes - all, to approve the consent agenda items 1, 2, and 4-6 as recommended: 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 725,833.28 Checks #23264 - #23344 Dated 7-1-92 thru 7-15-92 $ 355,777.90 Checks #17710 - #17848 Dated 7-27-92 $1,081,611.18Tota1 per attached voucher/check register PAYROLL: $ 210,146.42Payroll Checks #27475 thru #27671 Dated 7-17-92 $ 30,519.25 Payroll Deduction Checks #27679 thru #27691 dated 7-17-92 $ 240,665.67 Total Payroll $1,322,276.85 GRAND TOTAL 2.Fina1 Plat: Woodlynn Heights Townhomes No. 6 Approved the Woodlynn Heights No. 6 final plat, contingent upon Mr. Nettleton signing a developers agreement for a five-foot-wide sidewalk. 3.Fina1 Plat: Hillwood Oaks Estates Second Addition Moved to G-3A 4.Budget Changes - Consulting Inspectors Approved an increase of $19,820 in the estimated revenues from Accounts 101-3301 thru 101-3304 (permit fees) and account 101-3681 (plan check fees); an increase of $19,820 in expense account 101-703-4480; and a budget transfer of $49,000 from the contingency account to account 101-703-4480 to cover the cost of consulting inspectors. S.Vacation of Zacho Acquisition/Beaver Lake Project 83-07 92 - 07 - 76 RESOLUTION OF ASSESSMENT ABATEMENT WHEREAS, pursuant to a Warranty Deed dated December 24, 1990, the City of Maplewood, a municipal corporation, acquired real property having a property identification number of 25-29-22-24-0073-4; WHEREAS, the City of Maplewood acquired the aforementioned real property subject to all unpaid special assessment and accrued interest thereon; WHEREAS, the Ramsey County Assessor records indicate that the subject real property was split; WHEREAS, the records of the Ramsey County Assessor reflect an unpaid balance of $7,285.12 as a special assessment levied for Maplewood Public Improvement Project 83-07 and identified on the records of Ramsey County 2 7-27-92 as DP-5530; WHEREAS, the records of the Ramsey County Assessor reflect an additional payment of principal and interest outstanding for Maplewood Public Improvement Project 83-07 in the amount of $1,300.92; WHEREAS, the records of the Ramsey County Assessor also reflect an unpaid balance of $1,959.37 as a special assessment levied for Maplewood Public Improvement Project 86-03 and identified on the records of the Ramsey County Assessor as DP-5655; WHEREAS, the records of the Ramsey County Assessor reflect an additional payment of principal and interest outstanding for Maplewood Public Improvement Project 86-03 in the amount of $339.64; WHEREAS, the City of Maplewood is now the sole owner of record of said real property subject to the aforementioned unpaid special assessments; NOW, THEREFORE, BE IT RESOLVED, 1.That all existing and levied special assessments and interest relative to PIN No. 25-29-22-24-0073-4 are hereby abated; 2.That special assessment DP-5530 in the amount of $7,285.12 is hereby abated; 3.That special assessment DP-5530 in the amount of $1,300.92 is hereby abated; 4.That special assessment DP-5655 in the amount of $1,959.37 is hereby vacated; S.That special assessment DP-5655 in the amount of $339.64 is hereby vacated; 6.That the Maplewood City Clerk is hereby instructed to transmit a certified copy of this Resolution to the Ramsey County Assessor immediately. 6.Budget Change - Youth Programs Authorized a 1992 Budget change consisting of a $3,000 increase in the Youth Basketball Account (4480) based on increased revenues, which is to be followed by a transfer from Youth Basketball (101-603-268-4480) to Youth Soccer (101-603-208-4480), reversing a previous temporary transfer. G. PUBLIC HEARINGS 1.7:00 P.M. (7:05 P.M.), Harvester Storm Sewer Improvement, Project 90-12 (4 Votes) a.Mayor Bastian convened the meeting for a public hearing regarding a proposed storm sewer project. b.Manager McGuire presented the staff report. c.City Attorney Kelly explained the procedure for public hearings. d.Assistant City Engineer Irish presented the specifics of the report. e.Mayor Bastian opened the public hearing, calling for proponents or opponents. 3 7-27-92 The following persons were heard: Letter from the David Wirth family, 1050 Mary St.; supporting the project Bernard Kennedy, 2532 Stillwater Road; against the project Laura Schweiker, 2607 Harvester; concern about traffic and speed if widened Gene Kunde, 937 Glendon St.; concern about need and cost Mary Brix, 938 N. Sterling; concern about holding pond Carl Soderbeck, 1030 Ferndale; concern about cost June Williams, 949 Evar St. concern about holding pond Bud Sauer, 2476 Harvester; against the project Hugh Hannigan, 2468 Harvester; against the project Leonard Peterson, 2533 Stillwater Road; for protection of nature center, and has a water problem, but would like pond to be elsewhere Marcy Spadino, 2668 Midvale; favors project, has water problem, "will NSP be replacing gas lines at same time?" Laura Svingen, 2663 Midvale Place; favors project, has water problem Kay Bouldan, 2550 Stillwater Road; concern about segmenting neighborhood Faith O'Gara, 2540 Stillwater Road; suggested citizen committee and other options Del Aziz, 980 Sterling; City should clean drain pipes, have more stop signs, against wider the street Dan Dobervich, 2523 Harvester; prefers 4' wide side strip, not wider traffic area - in favor of project David Picard, 2672 Harvester; in favor of 4' strip, but keep traffic of Harvester Mark McKenzie, 2676 Harvester; 2676 Harvester; concern about traffic, wants 4' strip, concerned about cost of curbing Greg Kaufenberg, 2541 Harvester; concern about holding pond Will Chartrand, 2466 Stillwater Road; concern about traffic Brent Howe, 1041 Mary Street; in favor of project Pat Heron, 1043 Mary Street; improve street but do not widen Julie Weyer, 2484 Harvester; against wider street, but wants on-street parking f.Mayor Bastian closed the public hearing at 9:13 P.M. g.Councilmember Rossbach moved to table this item until August 10, 1992 with instruction to staff to investigate whether there could be an alternate site for a holding pond and to determine what cost would be if Evar, Edith, and Michael Lane, as well as the portions of Ferndale, Glendon and Sterling south of Stillwater are included in Option 1. Seconded by Councilmember Juker Ayes -all Mayor Bastian called a recess at 9:35 p.m. The meeting re-convened at 9:45 p.m. 2.7:15 P.M. (9:45 P.M., Kennel License - Champeau a.Mayor Bastian convened the meeting for a public hearing regarding an application for a kennel license. b.Manager McGuire presented the staff report. c.Director of Public Safety Collins presented the specifics of the report. d.Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: 4 7-27-92 Nancy Champeau, 2994 Winthrop; the applicant John Fontaine, 2988 Winthrop; spoke against the request Richard Zoya, 2223 Lydia; stated he had signed the petition against the kennel, but was withdrawing his objection e.Mayor Bastian closed the public hearing. f.Nancy Champeau, the applicant, requested a decision on the application be tabled until the August 10th meeting to allow her time to talk to neighbors regarding the intent of her application. g.Mayor Bastian moved to table this item until August 10 as requested by the applicant. Seconded by Councilmember Juker Ayes -all 3.8:15 P.M. (10:09 P.M.), Street and Alley Vacations - Hillwood Drive a.Mayor Bastian convened the meeting for a public hearing regarding a request for street and alley vacations in the Hillwood Oaks Estates area. 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. No one appeared. e.Mayor Bastian closed the public hearing. f.Councilmember Juker moved to table this item indefinitely until such time as the applicants requests it be put back on the Agenda. Seconded by Councilmember Rossbach Ayes -all 3A.Fina1 Plat: Hillwood Oaks Estates Second Addition (Moved from Consent Agenda a.Councilmember Juker moved to table this item along with Item G-3. Seconded by Mayor Bastian Ayes -all 4.8:25 P.M. (10:14 P.M.), 1726 Edgerton Street (Figg) a.Mayor Bastian convened the meeting for a public hearing regarding a request for an alley vacation, lot area variances and a lot division. 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 person was heard: Charles Figg, 1726 Edgerton, the applicant e.Mayor Bastian closed the public hearing. 5 7-27-92 Alley Vacation: f.Councilmember Rossbach introduced the followinp Resolution and moved its adoption: 92 - 07 - 77 ALLEY VACATION RESOLUTION WHEREAS, Charles Figg applied for the vacation of the following-described alley: The South 123.9 feet of the north-south alley between Lot 15 and Lots 16-19, Block 3, Ufton Grove Addition in Section 17, Township 29, Range 22, Maplewood, Minnesota. WHEREAS, the history of this vacation is as follows: 1.A majority of the property owners abutting this alley signed a petition for this vacation; 2.The Planning Commission discussed this vacation on July 6, 1992. They recommended that the City Council approve this vacation. 3.The City Council held a public hearing on July 27, 1992. City staff published a notice in the Maplewood Review and sent notices to the abutting 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. WHEREAS, after the City approves this vacation, public interest in the property will go to the following abutting properties: Lots 15-19, Block 3, Ufton Grove Addition in Section 17, Township 29, Range 22, Maplewood, Minnesota. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described vacation because: 1.The vacation is in the public interest. 2.The City has no plans to build an alley on this right-of-way. 3.The adjacent properties have street access. 4.The City has been vacating unused alleys. This alley vacation is subject to the retention of a drainage and utility easement. Seconded by Councilmember Juker Ayes -all Variance: g.Councilmember Rossbach introduced the followinp Resolution and moved its adoption: 92 - 07 - 78 6 7-27-92 ZONING VARIANCE RESOLUTION WHEREAS, Charles Figg applied for a variance from the zoning ordinance. The variance is for the property at 1726 Edgerton Street. The legal description is: Lots 17-20, Block 3, Ufton Grove 4th Plat WHEREAS, Section 36-36-69 of the Maplewood Code of Ordinances requires at least 10,000 square feet of lot area. WHEREAS, Mr. Figg is proposing only 9,864 square feet. WHEREAS, this requires a variance of 136 square feet. WHEREAS, the history of this variance is as follows: 1.This variance was reviewed by the Planning Commission on July 6 1992. They recommended that the City Council approve the variance. 2.The City Council held a public hearing on July 27, 1992. City staff published a notice i n 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 variance for the following reasons: 1.The total area of both lots would exceed City Code requirements if the property owners purchase the corner lot to the north. 2.The area of the southerly lot would exceed the average lot area in the neighborhood. Approval is subject to the property owners buying the corner lot to the north and combining it with their property. Seconded by Councilmember Juker Ayes -all h.Councilmember Rossbach introduced the followinp Resolution and moved its adoption: 92 - 07 - 79 PROPERTY PURCHASE RESOLUTION WHEREAS, the lot at the southeast corner of Kingston Avenue and Edgerton Street has been tax-forfeited. WHEREAS, this lot is too small for someone to build a house on it. WHEREAS, this lot has no value except to the property owners to the south (the Figgs). 7 7-27-92 WHEREAS, selling this lot to the property owners to the south would put the lot into private ownership and back on the tax rolls. NOW, THEREFORE, BE IT RESOLVED that Maplewood buy this lot from Ramsey County for approximately $768 and resell the lot to the Figgs for the City's costs. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Director of Finance make the appropriate budget transfer from the contingency account. Seconded by Councilmember Juker Ayes -all i.Councilmember Rossbach moved to approve the lot division with the following conditions: 1.Give ten feet of the property along Edgerton Street to the County. 2.The property owner shall purchase the lot at the southeast corner of Edgerton Street and Kingston Avenue. 3.The property owner must record the deeds within one year. Seconded by Councilmember Juker Ayes -all H. AWARD OF BIDS NONE I. UNFINISHED BUSINESS 1.I-494/Lake Road Interchange a.Manager McGuire presented the staff report. b.Director of Public Works Haider presented the specifics of the report. Mayor Bastian moved to waive the Rules of Procedure and extend the meeting to the end of the Agenda. Seconded by Councilmember Rossbach Ayes -all c.Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following were heard: Barry Johnson, Woodbury City Administrator David Jessup, Woodbury Public Works Director Don Whitacre, 751 Century Avenue So., Maplewood Dave Heinn, 815 Century Avenue So., Maplewood Abby Grenfell, 2486 Cobble Hill Alcove - #C, Woodbury d.Councilmember Carlson moved to reconsider the vote of 5-28-92 which approved the plans submitted by MNDOT for the I-494/Lake Road Interchange, with instruction to staff to determine exactly how many homes would be directly, adversely affected by the proposed interchange (on Century between Lower Afton & 494 and on Carver from park entrance to 494); check into a possible public hearing for all residents south of Afton who would use the interchange; and determine whether 8 7-27-92 we can influence/control the impact on wetlands from uses above Maplewood. Seconded by Mayor Bastian Ayes -Mayor Bastian, Councilmembers Carlson, Rossbach Nays -Councilmember ]uker 2.Temporary Sign Ordinance (Second Reading - 4 Votes) a.Councilmember ]uker moved to table this item. Seconded by Mayor Bastian Ayes -all NEW BUSINESS 1.U.S.G.S. Agreement a.Manager McGuire presented the staff report. b.Mayor Bastian moved to authorize an agreement with the U. S. Geological Survey, authorizing a study by the Local Road Research Board to be conducted at a site on the east side of Hazelwood, north of Beam Avenue, sampling the quality of urban water runoff. Seconded by Councilmember ]uker Ayes -all 2.Annual Street Overlay Project a.Manager McGuire presented the staff report. b.Director of Public Works Haider presented the specifics of the report. c.Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. d.Councilmember ]uker moved to authorize carrying over the budgeted $80,000 1992 street overlay proiect and combining it, along with approximately $5,000 interest, with the 1993 budget and proiect. Seconded by Councilmember Rossbach Ayes -Councilmembers Carlson, ]uker, Rossbach Nays - Mayor Bastian 3.1993 Budget Meetings a.Manager McGuire presented the staff report. b.Mayor Bastian moved to schedule September 10, 1992 from 4:30 to 7:00 p.m. for an informational meeting on the budget. There will be no pre-agenda meeting. Seconded by Councilmember Carlson Ayes -all 4.Sewer Connection - Capital City Adventist 9 7-27-92 a.Manager McGuire presented the staff report. b.Councilmember Juker moved to deny the request of Capital City Adventist that they be exempted from the City ordinance requiring them to hook up to City Sewer within 30 days. Seconded by Councilmember Rossbach Ayes -all K. VISITOR PRESENTATIONS 1.Tammi Rhoades, 2150 Edgerton Street Mayor Bastian moved this item be tabled as requested by Tammi Rhoades. Seconded by Councilmember Juker Ayes -all L. COUNCIL PRESENTATIONS 1.Fire Department/Council Meeting Proposal a.Mayor Bastian stated the Fire Chiefs have requested a meeting with Council on August 17 to discuss pension and funding. b.Alternative dates will be explored and an agreeable date determined before August 10. 2.Mayor's Update a.Mayor Bastian announced the next Mayor's Forum would be on September 1, 1992. b.Mayor Bastian announced there would be an Environmental Cities Program on July 28, 1992 at the Inver Grove Heights City Hall. M. ADMINISTRATIVE PRESENTATIONS NONE N. ADJOURNMENT OF MEETING Adjourned at 11:34 P.M. Lucille E. Aurelius City Clerk 10 7-27-92