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HomeMy WebLinkAbout08-10-92 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, August 10, 1992 Council Chambers, Municipal Building Meeting No. 92-15 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 Present D. APPROVAL OF MINUTES: 1.Minutes of Meeting 92-13 (July 13, 1992) Councilmember Zappa moved to approve the minutes of Meetinp No. 92-13 (July 13, 1992) as presented. Seconded by Councilmember Rossbach Ayes - all 2.Minutes of Meeting 92-14 (July 27, 1992) Councilmember Rossbach moved to approve the minutes of Meetinp No. 92-14 (July 27, 1992) as presented. Seconded by Mayor Bastian Ayes -Mayor Bastian, Councilmembers Carlson, Juke r, Rossbach Nays -None Abstain - Councilmember Zappa E. APPROVAL OF AGENDA Mayor Bastian moved to approve the Apenda as amended: L-1MIS Coordinator - Pay Adjustment L-2Forum Update J-6 City Survey Seconded by Councilmember Rossbach Ayes - all EA. PRESENTATIONS NONE 1 8-10-92 F. CONSENT AGENDA Councilmember Zappa moved, seconded by Councilmember Rossbach, ayes - all, to remove Items F-6 and F-11 (to become Items ]-4 and ]-5) and approve Items F-1 thru F-5 and F-7 thru F-10 as recommended. 1. Approved the following claims: ACCOUNTS PAYABLE: $ 479,163.58 Checks #23346 - #23419 Dated 7-16-92 thru 7-31-92 $ 113,757.01 Checks #17860 - #17985 Dated 8-10-92 $ 592,920.59Tota1 per attached voucher/check register PAYROLL: $ 213,099.56Payroll Checks #27716 thru #27911 Dated 7-31-92 $ 16,929.66Payroll Checks for Sgts. Retro #27701 thru #27711 Dated 7-31-92 $ 11,901.27 Payroll Deduction Checks #27916 thru #27922 dated 7-31-92 $ 241,930.49 Total Payroll $ 834,851.08 GRAND TOTAL 2.Ambulance Bill - Application for Cancellation Authorized cancellation of a $171 ambulance bill for Ralph Worlund because of hardship. 3.Budget Transfer - 1992 Wage Settlements Authorized transfer of $172,250 from the contingency accounts to the wage accounts in the funds listed below to finance the annual wage increases granted to each employee bargaining unit. General Fund $164,520 Hydrant Charge Fund 340 Sanitary Sewer Fund 3,540 Vehicle/Equipment Fund 1,190 Data Processing Fund 2,660 2 8-10-92 4.Certification of Election Judges 92 - 08 - 80 RESOLUTION ACCEPTING ELECTION JUDGES RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for the 1992 Primary Election, Tuesday, September 15, 1992: PRECINCT N0. 1 PRECINCT N0. 9 Mary Libhardt, Chair Margaret Earley, Chair Mildred Dehen Grace Locke Audrey Duellman Elsie Anderson Deloris Fastner Lorraine Petschel PRECINCT N0. 2 PRECINCT N0. 10 Milo Thompson, Chair Betty Haas, Chair Irene A. Ling Armella Podgorski Rose Marie Manders Joan Cottrell Claire Healey Mildred Burke PRECINCT N0. 3 PRECINCT N0. 11 Pat Thompson, Chair Lorraine Fischer, Chair Jean Dickson Rita Frederickson Kathleen Dittel Edith Stottlemyer Joanne Cunnien Betty Berglund PRECINCT N0. 4 PRECINCT N0. 12 Richard Wolszon, Chair Lucille Cahanes, Chair Alice Miller Delores Schipp Grace Capra Margaret McDonald Margaret Revoir Phyllis Lofgren PRECINCT N0. 5 PRECINCT N0. 13 Don Weigert, Chair Ann Fosburgh, Chair Thelma Ling Diane Galaski Caroline Warner Mary Lou Lieder Betty Eddy Gladys Sass PRECINCT N0. 6 PRECINCT N0. 14 Elsie Wiegert, Chair Shirley Luttrell, Chair Marcella Watson Delores Lofgren Esther Dollerschell Helen King Mary Agnes Fischer Carol Berger PRECINCT N0. 7 PRECINCT N0. 15 Phyllis Erickson, Chair Richard Lofgren, Chair Annette LaCasse Ted Haas Lorraine Steinbring Marie Allen Lynn Flaherty Lydia Smail PRECINCT N0. 8 PRECINCT N0. 16 Kathy Supan, Chair Lyle Allen, Chair Judy Widholm Mervin Berger Sandy Jones Linda Dunn Gunborg Mowchan Carolyn Eickhoff 3 8-10-92 S.Conditional Use Permit Review: 2670 Highwood Avenue (Cellular One) Approved renewal of a conditional use permit at 2670 Highwood Avenue (Minnesota Cellular Telephone Company - Cellular One) for a five-year period. 6.Conditional Use Permit Review: 2180 White Bear Avenue (FinaLube) Moved to ]-4 7.Conditional Use Permit Extension: 2271 White Bear Avenue (Flemings Auto Service) Authorized a one-year extension of the conditional use permit to allow redevelopment of the motor fuel station at 2271 White Bear Avenue. Construction must start within one year or the permit ends. 8.Street Name Change: Gulden Place 92 - 08 - 81 STREET NAME CHANGE FROM PRICE AVENUE TO GULDEN PLACE WHEREAS, there is a City street that connects Ripley Avenue and the Price Avenue and Barclay Street intersection. WHEREAS, the City street map and the street signs show the name of this street as Gulden Place. WHEREAS, the County section map and Wakefield Park plat show this street as Price Avenue. WHEREAS, the County could avoid confusing street names if they changed the name of this street on their maps NOW, THEREFORE, BE IT RESOLVED that the City of Maplewood requests that Ramsey County change their section maps to show the name of the above- described street as Gulden Place. 9.Project 89-12: White Bear Avenue-Larpenteur to Frost; Off System (Resolution) 92 - 08 - 82 APPROPRIATION OF MUNICIPAL STATE-AID STREET FUNDS WHEREAS, it has been deemed advisable and necessary for the City of Maplewood to participate in the cost of a construction project located on CSAH No.. 65 and 29 within the limits of said municipality, and WHEREAS, said construction project has been approved by the Commissioner of Transportation and identified in his records as SAP No. 138-020-16. NOW, THEREFORE, BE IT RESOLVED: that we do hereby appropriate from our Municipal State-Aid Street Funds the sum of 76,180 dollars to apply toward the construction of said project and request the Commissioner of Transportation to approve this authorization. 4 8-10-92 lO.Resolutions: Calling for Assessment Hearings 92 - 08 - 83 ORDERING ASSESSMENT ROLL HEARING - PROJECT 90-10 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Highwood-McKnight Storm Sewer, City Project 90-10, and the said assessment is on file in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1.A hearing shall be held on the 24th day of August, 1992, at the City Hall at 7:00 p.m. to pass on such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2.The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3.The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the Clerk and that written or oral objections will be considered. 92 - 08 - 84 ORDERING PREPARATION OF ASSESSMENT ROLL - PROJECT 86-27 WHEREAS, the City Clerk and City Engineer have received bids for the improvement of Larpenteur, 35E to Edgerton, City Project 86-27. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment, notify the Council thereof. 92 - 08 - 85 ORDERING ASSESSMENT ROLL HEARING - PROJECT 86-27 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Larpenteur Avenue, 35E to Edgerton Street, City Project 86-27, and the said assessment is on file in the office of the City Clerk. 5 8-10-92 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1.A hearing shall be held on the 14th day of September, 1992, at the City Hall at 8:30 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2.The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3.The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the Clerk and that written or oral objections will be considered. 92 - 08 - 86 ORDERING PREPARATION OF ASSESSMENT ROLL - PROJECT 87-O1 WHEREAS, the City Clerk and City Engineer have received bids for the improvement of Roselawn Avenue, Jackson Street to Rice Street, City Project 87-01. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment, notify the Council thereof. 92 - 08 - 87 ORDERING ASSESSMENT ROLL HEARING - PROJECT 87-O1 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Roselawn Avenue, Jackson Street to Rice Street, City Project 87-01, and the said assessment is on file in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1.A hearing shall be held on the 14th day of September, 1992, at the City Hall at 7:40 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2.The City Clerk is hereby directed to cause a notice of the hearing on the 6 8-10-92 proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3.The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the Clerk and that written or oral objections will be considered. 92 - 08 - 88 ORDERING PREPARATION OF ASSESSMENT ROLL - PROJECT 87-14 WHEREAS, the City Clerk and City Engineer have received bids for the improvement of Holloway Avenue, Beebe Road to Furness Street, City Project 87-14. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment, notify the Council thereof. 92 - 08 - 89 ORDERING ASSESSMENT ROLL HEARING - PROJECT 87-14 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Holloway Avenue, Beebe Road to Furness Street, City Project 87-14, and the said assessment is on file in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1.A hearing shall be held on the 14th day of September, 1992, at the City Hall at 7:30 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2.The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3.The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the Clerk and that written or oral objections will be considered. 7 8-10-92 92 - 08 - 90 ORDERING PREPARATION OF ASSESSMENT ROLL - PROJECT 90-14 WHEREAS, the City Clerk and City Engineer have received bids for the improvement of TH 61, County Road B Storm Sewer, City Project 90-14. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment, notify the Council thereof. 92 - 08 - 91 ORDERING ASSESSMENT ROLL HEARING - PROJECT 90-14 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of TH 61, County Road B Storm Sewer, City Project 90-14, and the said assessment is on file in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1.A hearing shall be held on the 14th day of September, 1992, at the City Hall at 7:50 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2.The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3.The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the Clerk and that written or oral objections will be considered. 92 - 08 - 92 ORDERING PREPARATION OF ASSESSMENT ROLL - PROJECT 88-12 WHEREAS, the City Clerk and City Engineer have received bids for the improvement of Beam Avenue, West of TH 61, City Project 88-12 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the City Clerk and City Engineer shall forthwith calculate the 8 8-10-92 proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment, notify the Council thereof. 92 - 08 - 93 ORDERING ASSESSMENT ROLL HEARING - PROJECT 88-12 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Beam Avenue, West of TH 61, City Project 88-12, and the said assessment is on file in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1.A hearing shall be held on the 14th day of September, 1992, at the City Hall at 8:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2.The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3.The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the Clerk and that written or oral objections will be considered. 11.Maplewood Identification Sign - TH 5 Moved to J-5 G. PUBLIC HEARINGS 1.7:00 P.M. Street and Alley Vacation: Chambers St. (Hall) a.Mayor Bastian convened the meeting for a public hearing regarding a request from Robert Hall for vacation of Chambers Street between Frost Avenue and the DNR Trail; an alley that was East of Chambers Street and an alley that was West of Chambers Street. b.Assistant Manager Maglich presented the staff report. c.Director of Community Development Olson presented the specifics of the report. d.Commissioner Jack Frost presented the Planning Commission report. e.Mayor Bastian opened the public hearing, calling for proponents or opponents. 9 8-10-92 The following persons were heard: Kevin Schuberg, representing the applicant, Robert Hall Rod Breheim, 1940 Atlantic Street f.Mayor Bastian closed the public hearing. g.Councilmember Zappa introduced the followinp Resolution and moved its adoption: 92 - 08 - 94 STREET VACATION RESOLUTION WHEREAS, Robert Hall applied for the vacation of the following described street: Chambers Street between Frost Avenue and the Minnesota DNR trail right- of-way. WHEREAS, THE HISTORY OF THIS VACATION IS AS FOLLOWS: l.the City originally vacated this street in 1970 and 1971 (Document Numbers 1791895, 1800344 and 1807561). 2.A majority of the property owners abutting this street signed a petition in favor of this vacation; 3.The Planning Commission discussed this vacation on July 20, 1992. They recommended that the City Council approve this vacation. 4.The City Council held a hearing on August 10, 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 vacation is approved, public interest in the property will accrue to the following abutting properties: Lots 14-25, Block 1, and Lots 4 through 11, Block 2, Lincoln Park Addition and Lot 1 of Kuhl's Rearrangement of Lots 1, 2, 3, 20, 21 and 22, Block 2, of Lincoln Park Addition. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described vacation for the following reasons: 1.It is in the public interest. 2.The City has no plans to build a street in this location. 3.The adjacent properties have street access. 4.The City vacated parts of this street in 1970 and 1971. Seconded by Councilmember Carlson Ayes -all 10 8-10-92 h.Councilmember Zappa introduced the followinp Resolution and moved its adoption: 92 - 08 - 95 ALLEY VACATION RESOLUTION WHEREAS, Robert Hall applied for the vacation of the following described alley: The vacated alley in Block One of Lincoln Park Addition, Maplewood, Minnesota. WHEREAS, the history of this vacation is as follows: 1.The City originally vacated this alley in 1961 (Document Number 1528546). 2.A majority of the property owners abutting this alley signed a petition in favor of this vacation; 3.The Planning Commission discussed this vacation on July 20, 1992. They recommended that the City Council approve this vacation. 4.The City Council held a public hearing on August 10, 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 vacation is approved, public interest in the property will accrue to the following abutting properties: Lots 1-25, Block 1, Lincoln Park Addition NOW, THEREFORE, BE IT RESOLVED that the City A\Council approve the above- described vacation for the following reasons: 1.It is in the public interest. 2.The City has no plans to build an alley in this location. 3.The adjacent properties have street access. 4.The City vacated this alley in 1971. Seconded by Councilmember Carlson Ayes -all i.Councilmember Zappa introduced the followinp Resolution and moved its adoption: 92 - 08 - 96 ALLEY VACATION RESOLUTION WHEREAS, Robert Hall applied for the vacation of the following described 11 8-10-92 alley: The vacated alley in Block Two, Lincoln Park Addition, and in Kuhl's Rearrangement of Block 2, Lincoln Park Addition, between Frost Avenue and the Minnesota DNR trail right-of-way. WHEREAS, the history of this vacation is as follows: 1.The City originally vacated this alley in 1958, 1959, 1970 and 1971 (Document Numbers 1484272, 1456580, 1791896 and 1820782). 2.A majority of the property owners abutting this alley signed a petition in favor of this vacation; 3.The Planning Commission discussed this vacation on July 20, 1992. They recommended that the City Council approve this vacation. 4.The City Council held a public hearing on August 10, 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 vacation is approved, public interest in the property will accrue to the following abutting properties: Lots 4-19, Block 2, Lincoln Park Addition and Lots 5 and 6 of Kuhl's Rearrangement of Lots 1, 2, 3, 20, 21 and 22 of Block 2, Lincoln Park Addition. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described vacation for the following reasons: 1.It is in the public interest. 2.The City has no plans to build an alley in this location. 3.The adjacent properties have street access. 4.The City vacated this alley in 1958, 1959, 1970 and 1971. Seconded by Councilmember Carlson Ayes -all j.Councilmember Zappa moved the above Resolutions be recorded with Ramsey County only after the applicant completes the followinp: 1.Restripe the parking lot. 2.Remove and replace dead landscaping along Frost Avenue and English Street. 3.Maintain landscaping along Frost Avenue. 4.Sweep the parking lot. Seconded by Councilmember Carlson Ayes -all 2.7:20 P.M. (7:26 P.M.), Project 90-13: Duluth/English Storm Sewer (4 Votes) a.Mayor Bastian convened the meeting for a public hearing regarding proposed 12 8-10-92 storm sewer and street replacement in the Duluth / English area. b.Assistant Manager Maglich presented the staff report. c.Director of Public Works Haider presented the specifics of the report. d.Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Richard Borowicz, 1237 E. Skillman Dennis Kramer, 1231 E. Skillman Bill Dieslin, 2115 English Chuck Diers, 2015 English Richard Nowicki, 1278 E. Burke G. L. Denmeier, 2055 English (Requested a vote) Gerald Hanggi, 2126 Atlantic (For) Tim Klein, 1954 Donna Senty Drive Keith Cameron, 2099 Duluth Lloyd Neumann, 2155 English Dave Davidson, 1984 Barclay Jeff Hafner, 2071 Duluth Gary Johnson, 2082 Duluth Stephen Muzikar, 2079 Duluth Chuck Rohrbach, 2048 Duluth Jeannie Kelcher, 1210 E. Ryan Michael Lehner, 1271 Burke Michael Herron, 1106 E. Ryan John Mallon, 2142 Atlantic (For) Mrs. Clifford McGuire, 1283 E. Burke (For) Resident of 1241 E. Ryan Avenue e.Mayor Bastian closed the public hearing. f.Councilmember Rossbach moved to deny this proiect. Seconded by Mayor Bastian Ayes -Mayor Bastian, Councilmembers Carlson, Rossbach Nays -Councilmember Zappa Abstain - Councilmember Juker The meeting was recessed at 9:00 P.M. - re-convened at 9:07 P.M. 3.7:50 P.M. (9:08 P.M.), Project 85-17: Southlawn Drive Assessments a.Mayor Bastian convened the meeting for a public hearing regarding the assessments for Project 85-17, Southlawn Drive. b.Assistant Manager Maglich presented the staff report. c.Director of Public Works Haider presented the specifics of the report. d.Mayor Bastian opened the public hearing, calling for proponents or opponents. The following person was heard: Robert Hajicek, 1700 E. County Road D e.Mayor Bastian closed the public hearing. 13 8-10-92 f.Councilmember Zappa moved to table this item to allow staff time to answer questions raised at this hearing. Seconded by Mayor Bastian Ayes -Mayor Bastian, Councilmembers ]uker, Rossbach,Zappa Nays -Councilmember Carlson 4.8:00 P.M., On-Sale Liquor License: 1745 Cope Avenue - Tortilla Flats a.Mayor Bastian convened the meeting for a public hearing regarding an application for an on-sale liquor license for Steven M. Ahlquist to operate Tortilla Flats at 1745 Cope Avenue. b.Assistant Manager Maglich presented the staff report. c.Director of Pubic Safety Collins presented the specifics of the report. d.Mayor Bastian opened the public hearing, calling for proponents or opponents. The following person was heard: Steven Ahlquist, 1274 Woodbridge Street, St. Paul, the applicant e.Mayor Bastian closed the public hearing. f.Councilmember Zappa introduced the following Resolution and moved its adoption: 92 - 08 - 97 APPROVING AN ON-SALE INTOXICATING LIQUOR LICENSE NOTICE IS HEREBY GIVEN that pursuant to action by the City Council of the City of Maplewood on August 10, 1992, an On-Sale Intoxicating Liquor License was approved for Steven M. Ahlquist at 1745 Cope Avenue, to operate under the name of Tortilla Flats. The Council proceeded in this matter as outlined under the provisions of the City Ordinance. Seconded by Mayor Bastian Ayes -all 5.8:50 P.M. (10:03 P.M.), House Moving: West of 1847 Kohlman Avenue (Mosio) a.Mayor Bastian convened the meeting for a public hearing regarding a request to move a house from 2839 White Bear Avenue to a lot west of 1847 Kohlman Avenue. b.Assistant Manager Maglich presented the staff report. 14 8-10-92 c.Director of Community Development Olson presented the specifics of the report. d.Board Member Marv Erickson presented the Community Design Review Board report. e.Mayor Bastian opened the public hearing, calling for proponents or opponents. The following person was heard: Ray Mosio, 1847 Kohlman, the applicant f.Mayor Bastian closed the public hearing. g.Councilmember Zappa moved to suspend the Rules of Procedure. Seconded by Mayor Bastian Ayes -all h.Councilmember Zappa moved to amend Condition 2 of the lot division approved June 22, 1992, and place the condition that the greenhouse must be reconstructed by May 1, 1993. Seconded by Councilmember Rossbach Ayes -all i.Councilmember Zappa moved to approve the relocation of the house subiect to the following conditions: 1.Mr. Mosio to submit an irrevocable letter of credit or cash escrow for 1- 1/2 times the estimated cost of completing the construction. Mr. Mosio shall complete the work within 90 days of the City issuing the permit. The construction shall meet the Building Code requirements. 2.Mr. Mosio to sign an 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 90 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. 3.Mr. Mosio shall meet the conditions for approval of the lot division and Code variation. 4.After the move, Mr. Mosio will regrade and sod the disturbed parts of 2849 White Bear Avenue. S.Mr. Mosio will verify the lot lines with survey pins. Seconded by Councilmember Rossbach Ayes -all 15 8-10-92 H. AWARD OF BIDS 1.Replace Underground Oil Tanks a.Assistant Manager Maglich 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 Zappa introduced the following Resolution and moved its adoption: 92 - 08 - 98 AWARD OF BIDS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Pump & Meter Service, Inc. in the amount of $58,182.00 is the lowest responsible bid for the removal and replacement of six (6) underground oil storage tanks, and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilmember ]uker Ayes -all I. UNFINISHED BUSINESS 1.Kennel Permit: Champeau - 2994 Winthrop Drive a.Assistant Manager Maglich 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 this matter. The following was heard: Nancy Champeau, 2994 Winthrop Drive d.Councilmember Zappa moved to deny the permit. Seconded by Councilmember Rossbach Ayes -Mayor Bastian, Councilmembers Rossbach, Zappa Nays -Councilmembers Carlson, ]uker Mayor Bastian moved to waive the Rules of Procedure and extend the meeting past the deadline. Seconded by Councilmember Zappa Ayes -Mayor Bastian, Councilmembers ]uker, Rossbach, Zappa Nays -Councilmember Carlson 2.Pleasantview Parking Facilities a.Assistant Manager Maglich presented the staff report. b.Director of Parks & Recreation Odegard presented the specifics of the report. 16 8-10-92 c.Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. d.Councilmember Zappa moved that there will be no parking lot at Pleasantview Park. Seconded by Councilmember Rossbach Ayes -all 3.User Fee Study a.Assistant Manager Maglich presented the staff report. b.Director of Finance Faust 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.Mayor Bastian moved to authorize the expenditure of $9,500 to conduct a user fee study in one City department, and authorized a 1992 Budget transfer from the Contingency Account to cover the cost. Seconded by Councilmember Carlson Ayes -Mayor Bastian, Councilmembers Carlson, Zappa Nays -Councilmembers Juke r, Rossbach 4.Street and Easement Vacations - Hillwood Drive a.Assistant Manager Maglich 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 was heard: Marcel Eibensteiner, the applicant d.Councilmember Zappa introduced the following Resolution and moved its adoption: 92 - 08 - 99 STREET VACATION RESOLUTION WHEREAS, Marcel Eibensteiner applied for the vacation of the following- described street: Hillwood Drive, between McKnight Road and the West line of Hillwood Oaks Estates Addition. WHEREAS, the history of this vacation is as follows: 1.A majority of the property owners abutting this street 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. 17 8-10-92 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: Lot 8, Block 1, and Lot 1 Block 2, South Oaks Second Addition. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described vacation for the following reasons: 1.It is in the public interest. 2.The City will not need this right-of-way. This is because Mr. Eibensteiner will be dedicating a new right-of-way for Hillwood Drive with the final plat of Hillwood Oaks Estates Second Addition. Seconded by Councilmember Rossbach Ayes -all e.Councilmember Zappa introduced the following Resolution and moved its adoption: 92 - 08 - 100 EASEMENT VACATION RESOLUTION WHEREAS, Marcel Eibensteiner applied for the vacation of the following easement: The West 10 feet of Lot 1, Block 2, Hillwood Oaks Estates Addition. WHEREAS, the history of this vacation is as follows: 1.A majority of the property owners abutting this easement 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 property: 18 8-10-92 Lot 1, Block 2, Hillwood Oaks Estates Addition NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described vacation for the following reasons: 1.It is in the public interest. 2.The City will not need this easement because Mr. Eibensteiner will be dedicating new drainage and utility easements. Seconded by Councilmember Rossbach Ayes -all S.Final Plat: Hillwood Oaks Estates Second Addition a.Assistant Manager Maglich presented the staff report. b.Director of Community Development Olson presented the specifics of the report. c.Councilmember Zappa moved to approve the final plat for the Hillwood Oaks Estates Second Addition. Seconded by Councilmember Rossbach Ayes -all 6.Temporary Sign Ordinance (Second Reading - 4 Votes) a.Assistant Manager Maglich presented the staff report. b.Director of Community Development Olson presented the specifics of the report. c.Mayor Bastian moved to amend Section 1 of the proposed Ordinance by changing the definition of "Garage-sale sign" as follows: Garage-sale sign: A sign that advertises the sale of personal property from a person's home. This definition includes, but is not limited to, yard-sale, craft, boutique and estate- sale signs. Seconded by Councilmember Zappa Ayes -all d.Mayor Bastian introduced the following Ordinance and moved its adoption: ORDINANCE N0. 706 AN ORDINANCE ABOUT TEMPORARY SIGNS AND SIGN ENFORCEMENT The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This section changes Section 36-230 (Definitions - Sign Types: By Function) by adding a definition of garage-sale sign as follows: Garage-sale sign: A sign that advertises the sale of personal property from a person's home. This definition includes, but is not limited to, yard-sale, craft, boutique and estate-sale signs. 19 8-10-92 Section 2. This section changes Section 36-235 as follows: Section 36-235. Signs on rocks, or utility poles. There shall be no signs on rocks, trees or utility poles on a public right-of-way. Section 3. This section changes Sections 36-240 through 36-243 as follows: Section 36-240. Permit records. The City shall maintain a record of sign permits as required by the City's records retention schedule. Section 36-241. Enforcement procedures. (a)Permanent signs. The City shall send a written notice to the owner of any illegal, permanent sign. This notice shall require that the owner correct all code violations. If the sign is not a safety hazard, the City shall allow at least ten days for the owner to correct the violations. If the sign is a safety hazard, the City shall take immediate action to end the hazard. If the sign owner does not obey the City's orders, the City may remove the sign or have whatever work done that is needed to correct the code violations. (b)Temporary signs. The City may remove illegal temporary signs on a street right-of-way without notice. The City shall give the owners of any other illegal temporary signs reasonable notice to correct the violation. (c)Removal of signs. Following any required notice, the City may remove permanent and temporary signs and recover its costs under the procedures of Section 19-13. If the City removes a sign, the City may sell or dispose of it if the owner does not reclaim the sign and pay any removal costs within thirty (30) days of the sign's removal. Sec. 36-242. Appeals and variances. Appeals and variances from this article shall follow the procedures in State law. Section 4. This section changes Section 36-256 as follows: Section 36-256. Required; exceptions. Every person must get a sign permit before erecting, placing, reconstructing, altering or moving a sign, except the following: (1)Incidental, construction, political, garage-sale or real estate signs. (2)Maintenance, repair or the change of sign copy. (3)Temporary signs that are sixteen (16) square feet or less. (4)Flags. 20 8-10-92 Section 5. This section changes Section 36-307 as follows: Sec. 36-307. Schedule No. 1: All districts. The City permits the following special purpose and temporary signs in all zoning districts. Such signs shall be exempt from Section 36- 278 (temporary signs) and scheduled II - V (permitted signs by zoning district). Such signs shall be subject to the following limitations: (No change in subsections 1 - 14.) (15)Garage-sale signs on private property or boulevards, subject to the following requirements: a) A person may place garage-sale signs of three (3) square feet or less on a boulevard. No part of these signs shall be closer than eight (8) feet to a street pavement or two (2) feet to a sidewalk or trail. All signs shall contain the actual dates of the sale. b) The City shall only allow such signs from one day before the sale until one day after the sale. c) The City may remove a garage-sale sign that does not state the dates of the sale. (16)Non-commercial signs. Section 6. This ordinance shall take effect after its passage. Seconded by Councilmember Zappa Ayes -all 7.I-494/Lake Road Interchange a.Assistant Manager Maglich 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. The following was heard: Barry Johnson, Administrator, City of Woodbury d.Councilmember Zappa moved to approve Alternative A with the promise that landscaping plans be approved by Council. Seconded by Councilmember Carlson e.Mayor Bastian moved an amendment to approve Alternative B, instead of Alternative A. Seconded by Councilmember Rossbach Ayes -Mayor Bastian, Councilmember Rossbach Nays -Councilmembers Carlson, Juke r, Zappa Motion Failed 21 8-10-92 Voting on Original Motion: Ayes -Mayor Bastian, Councilmembers Carlson, ]uker, Zappa Nays -Councilmember Rossbach Original Motion Passed 8.Harvester Storm Sewer, Project 90-12 (4 Votes) a.Assistant Manager Maglich presented the staff report. b.Director of Public Works Haider presented the specifics of the report. c.Councilmember Rossbach moved to deny the proiect and bring it back when a policy on streets, etc. has been defined. Seconded by Councilmember Carlson Ayes -Mayor Bastian, Councilmembers Carlson, ]uker, Rossbach Nays -Councilmember Zappa NEW BUSINESS 1.Hazelwood "No Parking" Request a.Assistant Manager Maglich 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. The following were heard: Pat Horan, 2034 Hazelwood Avenue ]oe Sauro, 2051 Hazelwood Avenue Letter from Larry and Sandy Pruden, 2071 Hazelwood Councilmember Zappa moved to take no action for one year, but to request the school district to issue permits with the suggestion that it states parking is to be in the school parking lot, and place signs on the East side of Hazelwood stating "No parking during ball games". Seconded by Councilmember Carlson Ayes -all 2.llth Avenue Plan Approval: Project 92-17 a.Assistant Manager Maglich 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. 22 8-10-92 d.Councilmember Zappa introduced the following Resolution and moved its approval: 92 - 08 - 101 APPROVING PLANS, ADVERTISING FOR BIDS - PROJECT 92-17 WHEREAS, pursuant to resolution passed by the City Council, plans and specifications for Eleventh Avenue, Project 92-17, have been prepared under the direction of the City Engineer, who has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1.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. Seconded by Mayor Bastian Ayes -all 3.Temporary Signs: 1790 Gervais (Cook's One-Stop Shop) a.Assistant Manager Maglich presented the staff report. b.Director of Community Development Olson presented the specifics of the report. c.Councilmember Zappa moved to approve the request for temporary signs at Cook's One Stop Shop at 1790 Gervais Court for the grand opening on August 21 and August 22, as follows: 1.Two on-site 3' x 14' temporary banners at the Highway 36 and Gervais Court frontage, placed on the ground and stretched between two stakes, to be in place one week prior to the grand opening. 2.Three off-site directional signs, 3' tall, to be in place the two days of the grand opening. Seconded by Councilmember Rossbach Ayes -all 4.Conditional Use Permit Review: 2180 White Bear Ave. (Finalube) - Moved from F-6 a.Councilmember Zappa stated he wished to revise the site plan for Finalube. b.Councilmember Zappa moved that the driveway along the East side of the property should exit onto County Road B, and to close off the most westerly entrance on County Road B. c.Chuck Phillips, representing Finalube, presented their position. d.Councilmember Zappa moved to table this Conditional Use Permit Review for two weeks, to be I-1 under Unfinished Business. Seconded by Mayor Bastian Ayes -all 23 8-10-92 S.Maplewood Identification Sign TH 5 - Moved from F-11 a.Councilmember Zappa moved to place a sign on the South East corner of McKnight and Minnehaha. Seconded by Councilmember Carlson Ayes -all 6.City Survey a.Mayor Bastian moved to authorize staff to enter into an agreement with Decision Resources to do a City survey similar to the past survey to gather information regarding City services, the Community Center, etc. and to authorize a transfer of funds from the Contingency Account. Seconded by Councilmember Zappa Ayes -Mayor Bastian, Councilmembers Carlson, Rossbach, Zappa Nays -Councilmember Juker K. VISITOR PRESENTATIONS NONE L. COUNCIL PRESENTATIONS 1.MI5 Coordinator a.Councilmember Juker objected to and questioned the MIS Coordinator wage adjustment. b.This matter will be discussed at a Manager/Council Workshop. 2.Mayor's Update a.Mayor Bastian presented information on recent and upcoming meetings. M. ADMINISTRATIVE PRESENTATIONS NONE N. ADJOURNMENT OF MEETING Adjourned at 12:40 A.M. Lucille E. Aurelius City Clerk 24 8-10-92