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HomeMy WebLinkAbout08-24-92 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, August 24, 1992 Council Chambers, Municipal Building Meeting No. 92-16 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 Absent Joseph A. Zappa, Councilmember Present D. APPROVAL OF MINUTES: 1.Minutes of Council/Manager Meeting of August 4, 1992 Councilmember Zappa moved to approve the minutes of Council/Manager Meeting of August 4, 1992 as presented. Seconded by Ayes - all 2.Minutes of Meeting 92-15 (August 10, 1992) Mayor Bastian moved to approve the minutes of Meeting No. 92-15 (August 10, 1992) as corrected: Page 16: Motion to waive Rules of Procedure: Seconded by Councilmember Zappa Ayes -Mayor Bastian, Councilmembers Juke r, Rossbach, Zappa Nays -Councilmember Carlson Seconded by Councilmember Carlson Ayes - all E. APPROVAL OF AGENDA: Councilmember Zappa moved to approve the Agenda as amended: L1. Manhole Levels L2. Appointment of Project Review Committee L3. Transportation Advisory Board Nomination L4. Council/Manager Meeting - Include Adult Operations Ordinance LS.Overlay Program L6. Woodbury Interchange/Lake Drive Seconded by Councilmember Carlson Ayes - all 1 8-24-92 EA. PRESENTATIONS NONE F. CONSENT AGENDA Councilmember Carlson moved, seconded by Councilmember Zappa; ayes - all, to approve the Consent Apenda, Items F-1,3,4 as recommended. (Item F-2 moved to become ]-8). 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 763,886.41 Checks #23420 - #23466 Dated 8-3-92 thru 8-12-92 $ 86,323.69 Checks #18112 - #18244 Dated 8-24-92 $ 850,210.lOTota1 per attached voucher/check register PAYROLL: $ 212,738.85Payroll Checks #27940 thru #28137 Dated 8-14-92 $ 41,489.98 Payroll Deduction Checks #28142 thru #28159 dated 8-14-92 $ 254,228.83 Total Payroll $1,104,438.93 GRAND TOTAL 2.Ambulance Bill - Application for Cancellation Moved to ]-8 3.Eleventh Avenue (City Project 92-17) No Parking 92-08-102 RESOLUTION RESTRICTING PARKING ON ELEVENTH AVENUE WHEREAS, the City of Maplewood has planned the construction of Eleventh Avenue from White Bear Avenue to Ariel Street; and WHEREAS, the City will be expending Municipal State Aid funds (M.S.A. Project Number 138-122-01) on the improvement of said street; and WHEREAS, said improvement does not conform to the approved minimum width standards with unrestricted parking; and WHEREAS, approval of the proposed construction as a Municipal State Aid Project is dependent upon specified parking restrictions. 2 8-24-92 NOW, THEREFORE, IT IS HEREBY RESOLVED that the City of Maplewood prohibits the parking of motor vehicles on both sides of Eleventh Avenue from White Bear Avenue to Ariel Street. 4.Applebee's Liquor License - Change of Manager Approved an i ntoxi cati ng 1 iquor 1 i tense for Wi 11 i am ] . Patten to serve as the new manager of Applebee's at 3001 White Bear Avenue. Mr. Patten introduced himself to the Council and stated he will meet with the Chief of Police. G. PUBLIC HEARINGS 1.7:00 P.M. (7:13 P.M.), Highwood/McKnight Improvement 90-10: Assessment Hearing a.Mayor Bastian convened the meeting for a public hearing regarding the assessments for Project 90-10. b.Manager McGuire presented the staff report. c.City Attorney Kelly explained the procedure for public hearings. d.Director of Public Works Haider presented the specifics of the report. e.Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Dennis Davidson, 830 Dorland Road (To meet with Ken Haider) Roy Bredahl, Developer of Highwood Estates No. 2 Tom Fabio, 1068 Marnie (Assessed in 1976) Robert F. Nelson, 1051 So. McKnight Road (Took 4 acres) Brian M. Rembish, 1090 So. McKnight Road Richard Ballinger, 1070 So. McKnight Road Robert Haskins, 1020 So. McKnight Road (Assessed double) f.Mayor Bastian closed the public hearing. g.Councilmember Zappa moved to cancel the 110 assessments where owners had been previously assessed then introduced the followinp Resolution and moved its adoption: 92 - 08 - 103 ADOPTION OF ASSESSMENT ROLL WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the construction of Highwood/McKnight Outlet as described in the files of the City Clerk as Project 90-10, and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 3 8-24-92 1.Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2.Such assessment shall be payable in equal annual installments extending over a period of 19 years, the first of the installments to be payable on or after the first Monday in January 1993, and shall bear interest at the rate of 7.5 percent per annum from the date of the adoption of this Assessment Resolution. To the first installment shall be added interest on the entire assessment from the date of this Resolution until December 31, 1992. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3.It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4.To the extent that this improvement benefits nonabutting properties which may be served by the improvement when one or more later extensions or improvements are made, but which are not herein assessed, therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the City by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. S.The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilmember Carlson Ayes -all h.Mayor Bastian moved to direct staff to investigate the 1-year hook up requirement. Seconded by Councilmember Carlson Ayes -all 2.8:00 P.M. (8:06 P.M.), Variance: 2625 E. Larpenteur Ave. (Hill-Murray) a.Mayor Bastian convened the meeting for a public hearing regarding a zoning variance for Hill-Murray to put up a 99 sq. ft. wall sign at 2625 Larpenteur Avenue. b.Manager McGuire presented the staff report. 4 8-24-92 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: Joseph McHugh, President/Principal of Hill-Murray High School e.Mayor Bastian closed the public hearing. f.Councilmember Zappa introduced the followinp Resolution and moved its adoption: 92 - 08 - 104 SIGN VARIANCE RESOLUTION WHEREAS, Hill Murray High School applied for a variance from the zoning ordinance at 2625 Larpenteur Avenue East. The legal description is: Part of S 1/2 of SE 1/4 WLY OF FOL DESC LINE; COM AT SE COR OF SEC 13 TH W ON S LINE OF SD SEC 985 FT TH R 78 DEG 40 MIN 620 FT THE CURVE LEFT RAD 100 FT FOR 157.08 FT TO POINT OF TAN TH R AT RA TO TAN POINT 450 FT TH LEFT AT 4A 200 FT TH R AT 4A 225 FT MOL TO THE N LINE OF SD S 1/2 OF SE 1/4 (SUBJ TO HWYS RDS & ESMTS) IN SEC 13 TN 29 RN 22. WHEREAS, Section 36-316(3) of the Maplewood Code of Ordinances requires that wall signs for schools not exceed 24 square feet. WHEREAS, the applicant is proposing to put up a 99-square-foot wall sign. WHEREAS, the history of this variance is as follows: 1.This variance was reviewed by the Community Design Review Board July 28, 1992. They recommended that the City Council approve the variance. 2.The City Council held a public hearing on August 24, 1992. 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 variance for the following reasons: 1.The variance would be in keeping with the spirit and intent of the ordinance, since the sign would not affect the residential appearance of the neighborhood. 2.Strict enforcement would cause undue hardship, because it would be hard to see a 24-square-foot wall sign from Larpenteur Avenue. 3.The sign would be in scale with the building and add a balanced appearance with the existing cross. 5 8-24-92 Seconded by Councilmember Carlson Ayes -all H. AWARD OF BIDS 1.Improvement 91-10 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 Zappa introduced the following Resolution and moved its adoption: 92 - 08 - 105 AWARD OF BIDS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Insituform Central in the amount of $355,690.00 is the lowest responsible bid for the construction of District 22 Trunk Sanitary Sewer Replacement, City Project 91-10, 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. FURTHERMORE, the project budget is amended to $430,000.00, and the project financing is amended as follows: Sanitary Sewer Fund $430,000.00 Seconded by Councilmember Carlson Ayes -all G. PUBLIC HEARINGS - (Continued) 3.8:15 P.M., Variance: 2480 Linwood Ave. (]irovec) a.Mayor Bastian convened the meeting for a public hearing regarding . b.Manager McGuire presented the staff report. c.Director of Community Development Olson presented the specifics of the report. d.Commissioner Martin presented the Planning Commission report. e.Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: James Karper, 2516 Linwood Ave. E. (in favor) Al Jerovic, 2480 Linwood Ave. E. (the applicant) Resident of 2437 Linwood Ave. E. Terrence McCarthy, 2409 Linwood Court e.Mayor Bastian closed the public hearing. f.Mayor Bastian moved to add a condition that the property owner may be required to provide a cash escrow to guarantee the removal of the building if the removal has not been completed within one year of issuance of 6 8-24-92 the permit. Seconded by Councilmember Zappa Ayes -all g.Councilmember Zappa moved to add an additional condition that the area around the proposed parape shall be landscaped and reviewed by the Community Desipn Review Board. Seconded by Councilmember ]uker Ayes -Councilmembers ]uker, Zappa Nays -Mayor Bastian, Councilmember Carlson Motion failed by tie vote h.Councilmember Carlson moved to amend the preceding motion to state that "the area around the proposed parape may be required to be landscaped and reviewed by the Community Desipn Review Board". Seconded by Mayor BastianAyes -Mayor Bastian, Councilmembers Carlson, ]uker Nays -Councilmember Zappa i.Councilmember Zappa introduced the following Resolution and moved its adoption: 92 - 08 - 106 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Albert ]irovec requested that the City approve the construction of a 2699-square-foot pole building. WHEREAS, the City of Maplewood chooses to approve this building with a conditional use permit. WHEREAS, section 36-17(B) of City Code allows the City to approve a conditional use permit for the substitution of one nonconforming use for another nonconforming use. WHEREAS, Mr. ]irovec is proposing to substitute a 2600-square-foot garage for two garages. The combined area of the two garages would be 4,300 square feet. WHEREAS, this permit applies to 2480 Linwood Avenue. The legal description is: Subject to Linwood Avenue, the north 15 acres of the east 20 acres of the NE 1/4 of the NW 1/4 of Section 13, Township 28, Range 22. WHEREAS, the history of this conditional use permit is as follows: 1.The Planning Commission discussed this application on August 3, 1992. They recommended that the City Council approve said permit. 2.The City Council held a public hearing on August 24, 1992. The 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 the 7 8-24-92 City staff and Planning Commission reports and recommendations. NOW, THEREFORE, BE IT RESOLVED that the City Council approve this conditional use permit because: 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 runoff, 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. lO.Reduce the number and square-footage of garages on the site. 11.Result in a more restrictive use than the current use. 12.Improve the appearance of Mr. Jirovec's property by replacing two old buildings with a smaller new building. Approval is subject to the following conditions: 1.A11 construction must follow the site plan on page 8 of the July 29, 1992 staff report. The Director of Community Development may approve minor changes. The City Council may approve major changes. 2.The property owner shall remove the concrete block and metal pole buildings within one month of occupying the new building. 3.The property owner shall keep a minimum of 42,000 square feet of property with the home and garages. 8 8-24-92 4.The garage shall not be used for a business. S.There shall be no outside storage of inoperable vehicles, vehicle parts, scrap materials or debris. 6.The garage shall be located as shown on the 2480 Linwood site plan. 7.The property owner may be required to provide a cash escrow to guarantee the removal of the building if the removal has not been completed within one year of issuance of the permit. 8.The property owner may be required to provide landscaping around the garage area and to have the landscaping reviewed by the Community Design Review Board. 9.The Council shall review this permit in one year. Seconded by Councilmember Carlson Ayes -all Council directed staff to report back to Council with a clarification of the site plan for Mr. ]irovec's property. H. AWARD OF BIDS - (Continued) 2.Sterling-Linwood Improvement 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 Zappa introduced the following Resolution and moved its adoption: 92 - 08 - 107 AWARD OF BIDS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of F. M. Frattalone, in the amount of $573,876.95, is the lowest responsible bid for the construction of Sterling-Linwood Improvements, City Project 87-45, 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. FURTHERMORE, the project budget is amended to $752,000, and the project financing is amended as follows: Municipal State Aid $344,500.00 Special Assessments 447,944.50 TOTAL $792,444.50 (Excess of $40,444.50) 9 8-24-92 Seconded by Councilmember Carlson Ayes - all I. UNFINISHED BUSINESS 1.Conditional Use Permit Review - Finalube 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 was heard: Chuck Phillips, representing Fina d.Mayor Bastian moved to approve the conditional use permit for five years, with a request to Fina to look into the potentially dangerous situation of the entrance off of County Road B. Seconded by Councilmember Zappa Ayes -all Council directed staff to review the accidents at County Road B and White Bear Avenue to see if any were related to the Fina entrance off of County Road B. NEW BUSINESS 1.Code Interpretation: Side Yard Setback (Langenfeld) 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 was heard: Bob Langenfeld, the applicant, representing H L Construction d.Councilmember Zappa moved to interpret the Ordinance to require a side yard setback of five feet for Mr. Lanpenfeld's building because (1) the garage i s not a tuck-under garage and (2) the dwel l i np i s 16 feet from the side lot line. Seconded by Councilmember Carlson Ayes -Mayor Bastian, Councilmembers Carlson, Zappa Nays -Councilmember ]uker 2.Establish Public Hearing: County Road C Improvement 89-04 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 Zappa introduced the following Resolution and moved its 10 8-24-92 adoption: 92 - 08 - 108 ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare a report with reference to the improvement of County Road C - TH61 to Hazelwood, City Project 89-04, by construction of street with concrete curb and gutter, new bridge, storm sewer, sidewalk and appurtenances, and WHEREAS, the said City Engineer has prepared the aforesaid report for the improvement herein described: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA as follows: 1.The report of the City Engineer advising this Council that the proposed improvement on County Road C-TH61 to Hazelwood, City Project 89-04 by construction of street with concrete curb and gutter, new bridge, storm sewer, sidewalk and appurtenances is feasible and should best be made as proposed, is hereby received. 2.The Council will consider the aforesaid improvement in accordance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement according to MSA Chapter 429, at an estimated total cost of the improvement of $571,000. 3.A public hearing will be held in the Council Chambers of the City Hall at 1830 East County Road B on Monday, the 28th day of September, 1992, at 7:00 p.m. to consider said improvement. The City Clerk shall give mailed and published notice of said hearing and improvement as required by law. Seconded by Councilmember Carlson Ayes -Councilmembers Carlson, ]uker, Zappa Nays -Councilmember Bastian 3.White Bear Improvement 89-12 Agreements 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 Zappa moved to approve the proposed agreement with Ramsey County Department of Parks and Recreation for inclusion of replacing the sewer and water mains serving Aldrich Arena and the nursing home. Seconded by Councilmember Carlson Ayes -all 4.Hazelwood Feasibility Study 11 8-24-92 a.Manager McGuire presented the staff report. b.Director of Public Works Haider presented the specifics of the report. c.Mayor Bastian moved that the feasibility reports for Hazelwood, County Road C to Beam, City Proiect 92-13; and Hazelwood-Markham Pond, City Proiect 92-14, be stopped and ended. Seconded by Councilmember Carlson Ayes -Mayor Bastian, Councilmembers Carlson, ]uker Nays -Councilmember Zappa S.Metro 2015 Review a.Manager McGuire presented the staff report. b.Director of Community Development Olson presented the specifics of the report. c.Commissioner Martin presented the Planning Commission report. d.Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. e.Councilmember Zappa moved to table this item until after the Elected Officials meeting and requested staff to forward a letter explaining the City's position. Seconded by Mayor Bastian Ayes -all 6.Renewal of Group Insurance Contracts a.Manager McGuire presented the staff report. b.Councilmember Zappa moved to renew the existing one-year contracts for employee insurance and that the Lonp-Term Disability coverage be increased to $50,000. Seconded by Councilmember Carlson Ayes -all 7.Reconsideration: Kennel License - 2994 Winthrop a.Manager McGuire presented the staff report. b.Mayor Bastian moved to place this item on the September 14, 1992 Agenda for reconsideration of the August 10, 1992 vote. Seconded by Councilmember Carlson Ayes -Mayor Bastian, Councilmembers Carlson, ]uker Nays -Councilmember Zappa 8.Ambulance Bill - Application for Cancellation (Moved from F-2) a.Councilmember Zappa moved to deny the request of Mr. Rudie to cancel the 12 8-24-92 ambulance bill and direct staff to pursue collection of this bill. Seconded by Councilmember ]uker Ayes -Councilmembers ]uker, Zappa Nays -Mayor Bastian, Councilmember Carlson Motion Failed By Tie Vote b.Mayor Bastian moved to table the item until the September 14 meeting. Seconded by Councilmember Carlson Ayes -Mayor Bastian, Councilmember Carlson Nays -Councilmembers ]uker, Zappa Motion Failed By Tie Vote c.Councilmember Carlson moved to cancel the ambulance bill. Seconded by Mayor Bastian Ayes -Mayor Bastian, Councilmember Carlson Nays -Councilmembers ]uker, Zappa Motion Failed By Tie Vote d.Mayor Bastian moved to proceed to Item K-1. Seconded by Councilmember Carlson Ayes -all K. VISITOR PRESENTATIONS 1.George Supan, 3050 Hazelwood Avenue a.Mayor Bastian moved to table this item. Seconded by Councilmember Carlson Ayes -all L. COUNCIL PRESENTATIONS 1.L1. Manhole Levels a.Mayor Bastian read a letter regarding the manhole cover level in front of the Gladstone Community Center. The manhole is lower than the surface of the street. b.Councilmember Zappa moved to direct the letter to Ramsey County and to Commissioner Hal Norpard. Seconded by Councilmember Carlson Ayes -all 2. Appointment of Project Review Committee a.Mayor Bastian read a proposal regarding the establishment of such a committee. 13 8-24-92 b.Mayor Bastian moved to direct staff to place this on the September 28, 1992 Council Agenda to proceed with establishing such a committee. Seconded by Councilmember Zappa Ayes -all 3. Transportation Advisory Board Nomination a.Councilmember Zappa reported on a request for a Maplewood representative on the Transportation Advisory Board. He would be willing to serve on this Board. b.Mayor Bastian moved to nominate Councilmember Zappa as Maplewood's representative on the Transportation Advisory Board. Seconded by Councilmember Juker Ayes -all 4. Council/Manager Meeting - Include Adult Operations Ordinance a.Councilmember Zappa stated he would like this topic on the next Council/Manager meeting agenda. b.This will be placed on the next Council/Manager meeting agenda. S.Overlay Program a.Mayor Bastian requested that an overlay program be established. It is too late to have one this year. He would like to make this a part of the budget process to have quality project at the least cost. 6. Woodbury Interchange/Lake Drive a.Mayor Bastian discussed the Woodbury Interchange at Lake Drive and asked for an update of Woodbury Council action. b.Director of Public Works Haider stated the Woodbury Council approved the project but left the alternatives open. c.Mayor Bastian moved to reconsider the Woodbury/Lake Drive Interchange and place it on the September 14, 1992 Council Agenda. Seconded by Councilmember Zappa Ayes -all M. ADMINISTRATIVE PRESENTATIONS NONE N. ADJOURNMENT OF MEETING 10:36 P.M. Lucille E. Aurelius 14 8-24-92 City Clerk 15 8-24-92