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HomeMy WebLinkAbout10-11-93 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, October 11, 1993 Council Chambers, Municipal Building. Meeting No. 93-22 CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnespta 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. Minutes of Meeting 93-21 (September 27, 1993). Councilmember Zappa moved to approve the minutes bf Meeting No. 93-21 .(Se-ptember 27. 1993) as corrected: Page 3: 1255 E. Cope Page 21: Seconded by Councilmember Zappa Seconded by Councilmember Carlson Ayes - all E. APPROVAL OF AGENDA: Mayor Bastian moved to approve the Agenda as amended: L- 1 Blockbuster Sign L- 2 ADA L- 3 Fine Money - Champp's' L- 4 Report on Tractor Purchased L- 5 Parking Lot - Maplewood Movies 2 L- 6 Retaining Wall - 1600 Gervais L- 7 Libby Lucas J-10 Intern EA-2 Red Ribbon Resolution Seconded by Councilmember Zappa Ayes = all 1 10-11-93 fA. APPOINTMENTS/PRESENTATIONS 1. Human Relations Commission Appointment. a. Manager McGuire presented the staff report. b. Councilmember Zappa moved to appoint Marie Koehler to fill the existing vacancy on the Human Relations Commission. Seconded by Councilmember Carlson Ayes - all 2. RED RIBBON CAMPAIGN a. Mayor Bastian introduced the following Proclamation and moved its adootion• PROCLAMATION WHEREAS, alcohol and other drug abuse has reached epidemic proportions in our nation, inflicting its pain, destruction, and death on all ages and economic groups; and WHEREAS, abusive use of chemicals is often the underlying cause of crime and violence, endangering citizens and diminishing the quality of community life; and WHEREAS, visible unified preventative efforts are 'needed to reduce the demand for drugs and to educate our young people for a drug-free future; and WHEREAS, THE PARTNERSHIP is sponsoring the SIXTH ANNUAL RED RIBBON CAMPAIGN October 24-30, 1993 as part of a nationwide effort to show citizen commitment to drug-free communities; and WHEREAS, business, government, law enforcement, schools, religious institutions, service organizations, youth, senior citizens, and other individuals will demonstrate their commitment to drug-free, healthy lifestyles by displaying red ribbons during the week-long campaign; and WHEREAS, the community of Maplewood commits its resources to ensure the success of the Red Ribbon Campaign. NOW, THEREFORE, BE IT RESOLVED, that the City Council and I, Gary W. Bastian, Mayor of the City of Maplewood, do hereby proclaim October 24-30 as RED RIBBON WEEK and encourages its citizens to participate in drug awareness and prevention activities, making a visible statement that we are strongly committed to a drug- and violence-free community. BE IT FURTHER RESOLVED, that the City of Maplewood encourages all its citizens to pledge: "Proud to be Drug and Violence Free". IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great .Seal of the City of Maplewood to be affixed this 11th day of October in the year of our Lord one thousand nine hundred and ninety-three. Seconded by Councilmember Juker Ayes - all 2 30-11-93 CONSENT AGENDA: Councilmember moved. seconded by Councilmember Carlson:. aver - a1T. to aaorove the consent agenda items F-1 through F-8 as recommended. 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: S 573,640.34 Checks #1459 - #1519 Dated 9-16-93 thru 9-30-93 S 192.544.86 Checks #11244 - #11357 Dated 10-11-93 5 766,185.20 Total per attached voucher/check register PAYROLL: S 213,544.90 Payroll Checks #36746 thru #36923 Dated 9-24-93 3 45.684.20 Payroll Deduction Checks #36928 thru #36942 dated 9-24-93 - S 259,229.10 Total Payroll 1.025.414.30 GRAND TOTAL 2. Ambulance Bill - Application for Cancellation Approved cancellation of an ambulance bill in the amount of x43.00 for Annette Taverna due to financial hardship. 3. Final Payment - Seal Coating Approved final payment to Allied Blacktop, Inc. in the amount of ;60,992.27 for project 93-11, Bituminous Seat Coating. 4. Certification of Election Judges 93 - 30 - 132 RESOLUTION CERTIFYING ELECTION JUDGES RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for the 1993 General Election, Tuesday, November 2, 1993. 3 10-11-93 PRECINCT N0. 1 PRECINCT N0. 7 PRECINCT N0. 13 Mary Libhardt, Chair Phyllis Erickson, Chair Ann Fosburgh, Chair.. Mildred Dehen Annette LaCasse Diane Golaski Audrey Duellman Lorraine Rosauer Mary Lou Lieder Sylvia Brown Gladys Sass PRECINCT N0. 2 PRECINCT N0. 8 PRECINCT N0. 14 Rose Marie Manders, Kathy Supan, Chair Shirley Luttrell, Chair Chair Judy Widholm Delores Lofgren Gloria Johnson Gunborg Mowchan Helen King Betty Mossong Jeanette Bunde Carol Berger.,: PRECINCT N0. 9 PRECINCT N0. 15 PRECINCT N0. 3 Margaret Earley, Chair Richard Lofgren, Chair Kathleen Dittel Grace Locke Ted Haas Jean Dickson Elsie Anderson William Schnellman Florence Stella Lorraine Petschel Lydia Smail Pat Btanck PRECINCT N0. 10 PRECINCT N0. 16 PRECINCT N0. 4 Betty Haas, Chair Linda Dunn, Chair Richard Wolszon, Chair Joan Cottrell Mervin Berger Grace Capra Mildred Burke Carolyn Eickhoff Doris Broady Joanne Cunnien Mildred Iverson Marian Jungeman PRECINCT N0. 11 PRECINCT N0. 5 Lorraine Fischer, Chair Don Wiegert, Chair Rita Frederickson Thelma Ling Edith Stottelmyer Caroline Warner Betty Berglund Betty Eddy PRECINCT N0. 12 PRECINCT N0. 6 Lucille Cahanes, Chair Elsie Wiegert, Chair Delores Schipp Marcella Watson Phyllis Lofgren Mary Agnes Fischer Beverly Ogilvie 5. Conditional Use Permit Review: 2305 Stillwater Road (Sarrack's) Reviewed and renewed the Conditional Use Permit allowing a building addition thirty feet from the West lot line instead of fifty feet at the Code requires. 6. Conditional Use Permit Review: 2696 Hazelwood Avenue Reviewed and approved renewal of the Conditional Use Permit for the Planned Unit Development for a church, day care center and senior citizen housing, project at 2696 Hazelwood Avenue. 7. Conditional Use Permit Review: 1177 N. Century Avenue (East Co. Line Fire Station) Reviewed and approved renewal of the Conditional Use Permit to add on to the East County Line Fire Station at 1177 North Century Avenue. 4 10-11-93 8. Conditional Use Permit Review: Highway 61 (Carnival Play Systems) Reviewed and renewed the Conditional Use Permit to display and sell backyard play equipment at a site East of Highway 61 and South of County Road D G. PUBLIC HEARINGS 1. 7:00 P.M. (7:17 P.M.); Street Vacation: Flandrau Street a. Councilmember Zappa moved to table to discuss with Item I-2 (Construction Agreement: Kennard Street. North of Co. Road C (Lukin) Seconded by Councilmember Juker Ayes - all H. AWARD OF BIDS NONE I. UNFINISHED BUSINESS 1. Maplewood Assisted Care Living Facility A11ey Vacation Street Vacation Rezoning Lot Sale Density Variance Parking Space Reduction Approve the Plans Tax-Exempt Financing a. City Manager McGuire stated the applicant has canceled the application and requested this item be withdrawn from the Agenda. b. Councilmember Zappa moved to accept the staff report and withdraw the request from the Agenda. Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach, Zappa Nays - Councilmember Juker 2. Construction Agreement: Kennard Street, North of Co. Road C (Lukin) 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: William Kronschnagel, Attorney for Mr. Lukin Stated his client would agree to the curb cut. Bob Corbett, 1667 East County Road C Janet Hoppe, 1675 East County Road C d. Councilmember Zappa introduced the following Resolution and moved its adoation• 5 10-11-93 93 - 30 - 133 CONSTRUCTION AGREEMENT WHEREAS, Steven Lukin is asking that the City approve an agreement for the construction of a single dwelling. WHEREAS, the legal description of the property is: The north 102 feet of the south 280 feet of the west 525 feet, subject to street, of the SE 1/4 of the SE 1/4 of Section 3, Township 29, Range 22; and The north 133 feet of the south 413 feet of the east 492 ` feet of the west 525 feet of the SE 1/4 of the SE 1/4 of Section 3, Township 29, Range 22; and The north 215 feet of the south 628 feet of the east 525 feet of the west 558 feet of the SE 1/4 of the SE 1/4 of Section 3, Township 29, Range 22. WHEREAS, Section 9-1 of the Maplewood Code of Ordinances requires lots to front on a publicly dedicated and maintained street. WHEREAS, the above-described dwelling would not front a publicly- - maintained street. WHEREAS, the history of this request is as follows: 1. The Planning Commission discussed this request on September 20, 1993. They recommended that the City Council approve the request. 2. The City Council discussed this request on September 27, 1993. The Council gave everyone at the meeting a chance to speak and present written statements. The Council also considered reports and recommendations from the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above described agreement because: 1. This situation is unusual. 2. The property owner did not cause the existing conditions. 3. The drive and one house would not alter the neighborhoods character. 4. The City has approved other homes on private drives. This Resolution requires that the property owners or the Lukins do the following before the City issues a building permit: 1. Record agreements against the property that:. a. Hold the City harmless from any liability for the use of the right of way or any delay in emergency vehicles finding the house. b. State that the City is not responsible for maintaining the drive. The City Attorney shall draft these agreements. 6 10-11-93 2. Give the City Engineer a grading, drainage and erosion control plan for the proposed house and driveway. The erosion control plan shall be consistent with the Ramsey Soil and Water Conservation District Erosion Control Handbook. The driveway must be a paved surface that is at least twelve feet wide. The City shall not issue a building permit unless the City Engineer and the Fire Marshal approve this plan. All construction must follow this plan. 3. A71 construction shall follow the site plan the City stamped July 14, 1993. The Director of community Development may approve minor changes. The driveway shall be changed to connect to the park driveway. 4. Combine the three properties into one tax parcel. 5. Record a deed to the City that prohibits any additional houses on these lots unless the City builds Kennard Street. 6. Deed the 33-foot-wide strip on the east side of 1697 County Road C to that property owner. If the property owner will not accept the property, deed it to the City. 7. Install a sign at the driveway that states the property address and that the drive is private. 8. Record a drainage easement to the City that covers the wetland and the land that is ten feet beyond the wetland. This easement shall prohibit mowing, cutting, filling or dumping within ten feet of the wetland. The Lukins shalt not record this easement until the City Engineer approves it. The wetland's boundary shall be as defined by the Ramsey-Washington Metro Watershed Board. 9. Pay the City 55,250 for cash connection charges to connect the house the City sewer and water. 10. Have the location of the building staked by a registered land surveyor. Seconded by Councilmember Rossbach Ayes - all 6. PUBLIC HEARINGS - Continued 1. 7:00 P. M. (7:17 P.M.) (7:56 P.M.); Street Vacation: Flandrau Street a. Mayor Bastian convened the meeting for a public hearing regarding a request to vacate the undeveloped Flandrau Street, north of County Road C, and to retain a drainage easement over the right-of-way. 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: 7 10-11-93 William KronschnagTe request this item be tabled Marvin Sigmundik, 1697 East County Road C Eugene Trepanier - owner of property f. Mayor Bastian closed the public hearing. g. Councilmember Zappa moved to table for one month and investigate what haoaened to the westerly portion of Flandrau Street right-of-wav. Seconded by Councilmember Juker Ayes - all 3. St. Paul Metro Treatment Center a. Manager McGuire presented the staff report. b. Assistant City Manager Maglich presented the specifics of the report. c. Councilmember Zappa moved to approve placement of the no-narking signs already established alus the installation one more no-parking sign. close to the intersection of Prosperity and Co. Rd. B. with the appropriate budget transfer to cover the expense. Seconded by Mayor Bastian Ayes - all d. Councilmember Juker moved to send Ramsey County a letter of support in their process of investigation of this type of clinic and the situation. Seconded by Councilmember Zappa. e. Councilmember Carlson moved to amend the"motion to be a more specific recommendation stating our concerns and displeasure, and to send it also to all related agencies - DEA. State. anyone involved. Seconded by Councilmember Juker f. Councilmember Zappa moved to further amend the motion also send letters to the Federal State and Local government representatives, letting them know about the problem here and asking them to keep in touch with the community which is suffering the in.iustice and not leave Maplewood in the lurch. Seconded by Councilmember Juker VOTE ON MOTION AND TWO AMENDMENTS: Ayes - all g. Councilmember Carlson moved to approve staff recommendation for the following signs and a budget transfer of $1.740 to cover the cost: 5 Slow - Children 6 Stop 2 Stop Ahead 13 Total Seconded by Councilmember Juker 8 10-11-93 SEPARATE VOTE ON SIGNS: 5 Slow - Children (5660) Ayes - Mayor Bastian, Councilmembers Carlson, Juker, Rossbach Nays - Councilmember Zappa 4-Way Stop Flandrau & Lark Ayes - Mayor Bastian, Councilmembers Carlson, Juker, Rossbach Nays - Councilmember Zappa East Bound Lark Ayes - Councilmembers Carlson, Juker, & North Bound Prosperity Rossbach Nays - Mayor Bastian, Councilmember Zappa 2 Stop Ahead Ayes - Mayor Bastian, Councilmembers Carlson, Juker, Rossbach Nays - Councilmember Zappa h. Councilmember'Rossbach moved to include in the letter to Ramsey County a request that they construct a fence on their property to the north of the Clinic. Seconded by Councilmember Juker Ayes - all i. Councilmember Zappa moved to take no further action on Item I-3 until _the next meeting when a staff resort will be available regarding possible ordinance changes. Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach, Zappa Nays - Councilmember Juker 8:55 P.M. MAYOR BASTIAN CALLED FOR A 5-MINUTE RECESS 9:00 P.M. MAYOR BASTIAN RECONVENED THE MEETING J. NEW BUSINESS 1. Termination of Deferments on Special Assessments a. Manager McGuire presented the staff report.... b. Councilmember Zappa moved to terminate the deferments of the special assessment for the Cope Avenue water tank. Pro.iect 75-16. that residents affected bPynotified by mail that they may pay the amount owed now or gay the amount in installments with taxes. and that Ramsey County be instructed to bill the unpaid assessments for payment with taxes over three years with interest at 7.0% per year. Seconded by Councilmember Carlson Ayes - Councilmembers Carlson, Juker, Rossbach, Zappa Nays - Mayor Bastian g 10-11-93 2. Truth-In-Housing Ordinance Amendment (1st Reading) a. Manager McGuire presented the staff report.. b. Director of Community Development Olson presented the specifics of the report. c. Councilmember Carlson moved first reading of an Ordinance amending the Truth-in-Housing Ordinance. Seconded by Councilmember Juker Ayes - Mayor Bastian, Councilmembers Carlson, Juker, Rossbach Nays - Councilmember Zappa 3. Charitable Gambling funds Request a. Manager McGuire presented the staff report. b. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following were heard: July Gammel and Neoma Jeans, representing the School District #622 Early Childhood Screening Program, spoke on behalf of their request. c. Councilmember Zappa moved to denv the request for 52.170 to purchase screening equipment. Seconded by Councilmember Juker Ayes.- Councilmembers Juker, Rossbach, Zappa Nays - Mayor Bastian, Councilmember' Carlson d. Councilmember Rossbach moved to contribute up to 5800.00 toward the cost of purchase of a Grason Stadler GSI-38 Imoedence / Pure Tone Screening Instrument and to see donations from North St. Paul and Oakdale. Seconded by Mayor Bastian Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach Nays - Councilmembers Juker, Zappa Marie Sullivan & Diane Sandberg, representing School District #622 spoke on behalf of the request for funds for the Shades of Youth cultural diversity training program. e. Councilmember Zappa moved to aaarove the School District #622 request for funding for the Shades of Vouth Program in the amount of 5800.00 Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach, Zappa Nays - Councilmember Juker f. Councilmember Zappa moved to contribute ua to S1,OOO for the Red Ribbon Campaign. Seconded by Mayor Bastian Ayes - all 10 10-11-93 4. Community Center Change Order: A&P Number 1 a. Manager McGuire presented the staff report.. b. Mayor Bastian introduced the following Resolution and moved its adootion• 93 - 10 - 134 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the construction of a City-owned community center, Community Center Project, and has let a contract with Adolfson & Peterson for general construction; and WHEREAS, the soils engineer has determined that there is not sufficient suitable soils on site to safely and properly back fill the building foundation; and WHEREAS, the contract with Adolfson & Peterson contains unit prices for the import of clean fill (Unit Prices #4); and WHEREAS, it is not necessary and expedient that said contract be modified and designated as Community Center Project General Construction Change Order 1 to allow the recommended import of soils. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the Mayor and City Clerk are hereby authorized and directed to modify the existing contract by executing said Change Order 1 in an amount not to exceed #25,000. The Contract is amended not to exceed #5,212,000 per the following detail: Original Contract E5,187,000 Change Order 1 Not to exceed 25.000 Amended Contract ' Not to exceed #5,212,000 Seconded by Councilmember Zappa Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach, Zappa Nays - Councilmember Juker 5. No-Parking - Price Street East of Ruth a. Manager McGuire presented the staff report. b. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following were heard: David Maeckel, 1722 Ruth Street Chris Clark, 1736 Ruth Street 11 10-11-93 c. Councilmember Zappa moved to aoarove no narking on both sides of Price Street east of Ruth. Seconded by Councilmember Carlson Ayes - alt d. Council directed staff to investigate the stopping to wait for children at Price and Ruth. 6. Sterling/Schaller Public Improvement Petition a. Manager McGuire presented the staff report. b. Councilmember Zappa introduced the following Resolution and moved. its adoption: 93 - 30 - 135 ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed construct sanitary sewer, water main, storm sewer, concrete curb and gutter, and paved streets on Schaller and Sterling Streets south of Linwood Avenue and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with atl convenient speed advising .the council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of 53000 are appropriated to prepare this feasibility report. Seconded by Councilmember Carlson Ayes - Councilmembers Carlson, Juker, Rossbach, Zappa Nays - Mayor Bastian 7. Handicap Parking - Kennard Street a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Councilmember Zappa moved to approve the request from The Church of the Presentation of the Blessed Virgin Marv. to establish six handicap parking spaces directly in front of the church and eliminate the existing no-narking zone. Seconded by Councilmember Carlson Ayes - all 8. County Road B Bus Stop a. Manager McGuire presented the staff report. 12 10-11-93 b. Director of Public Works Haider presented the specifics of the report. c. Councilmember Zappa moved to recommend to the Metropolitan Transit Commission that they establish a bus stop at County Road Band Barclay. Seconded by Councilmember Rossbach Ayes - Councilmembers Carlson, Juker, Rossbach, Zappa Nays - Mayor Bastian 9. Budget Transfer - Highwood i Century a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Councilmember Zappa moved to authorize a budget transfer, not to exceed x2.500, from the General Fund Contingency Account to he appropriate public works account to fund installation of a drainage pipe along the north side of Highwood Avenue to alleviate the drainage problem on the property at the northwest corner of Highwood and Century. . Seconded by Councilmember Carlson Ayes - all 10. Intern a. Mayor Bastian moved an allotment of 5500.00 for expenses and approval of the appropriate and necessary budget transfers to cover expenses for Sigitas Siupsinska, intern from Lithuania. while he is in Maplewood Seconded by Councilmember Zappa Ayes - all' K. VISITOR PRESENTATIONS NONE L. COUNCIL PRESENTATIONS 1. Blockbuster Sign a. Councilmember Juker stated the Blockbuster Video sign on White Bear Avenue and North St. Paul Road appears to be very high. b. Staff will investigate the height of the sign. 2. A.D.A. , a. Councilmember Rossbach moved to reconsider the vote on the ADA proposal. Seconded by Councilmember Carlson Ayes - all 13 10-11-93 b. Councilmember Juker moved to place the item on the Agenda for the first meetin4 in November. Seconded by Councilmember Carlson Ayes - Mayor Bastian,' Councilmembers Carlson, Juker, Rossbach Nays - Councilmember Zappa 3. Champps - Fine a. Councilmember Zappa moved that the Citv send the fine money received from Chamoo's be donated to Second Harvest Food Shelf on Gervais Avenue. Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach, Zappa Nays - Councilmember Juker 4. Reporfi on Tractor Purchased a. Councilmember Zappa inquired-about how the recently purchased tractor is working. b. Staff will prepare a report. 5. Maplewood Movies No. 2 Parking Lot a. Councilmember Zappa stated the parking lot at Maplewood Movies No. 2 needs to be repaired. b. Staff reported the owners have stated the parking lot will be resurfaced by December 10, 1993. Staff will investigate. 4. Retaining Wall - 1600 Gervais Avenue a. Councilmember Zappa stated the retaining wall at 1600 Gervais Avenue is made of railroad ties and is falling apart. b. Staff will investigate. 5. Libby - Lucas a. Councilmember Juker inquired about the status of the Libby - Lucas matter. b. This matter will be on the Planning Commission Agenda in November. M. ADMINISTRATIVE PRESENTATIONS N. ADJOURNMENT OF MEETING 10:21 P.M. ~ L/~ Cry ~~C_c9r, Lucille E. Aurelius City Clerk 14 10-11-93