HomeMy WebLinkAbout04-22-91 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, April 22, 1991
Council Chambers, Municipal Building
Meeting No. 91-08
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 7:02 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
Meeting of April 4, 1991 (Council/Manager)
Councilmember Zappa moved to approve the minutes of the April 4. 1991 Council/Manager
Meetino as presented.
Seconded by Councilmember Rossbach Ayes - all
Meeting No. 91-07 (April 8, 1991)
Councilmember Zappa moved to approve the minutes of Meetino No. 91-07 (April 8. 19912
as presented/corrected.
Seconded by Councilmember Carlson Ayes - all
E. APPROVAL OF AGENDA
Mayor Bastian moved to approve the Aoenda as amended:
1. Gravel Ordinance
2. English & Cope
3. Maple Leaf Sculpture
4. Council/Planning Commission Meeting
5. Fees for Plat Extension
6. Water Advisory Committee
7. Drug Grant
8. Community Clean Up Day (to be discussed before EA - APPOINTMENT)
9. Presentation Church
10. Council/Manager Meeting
Seconded by Councilmember Carlson Ayes - all
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N. ADMINISTRATIVE PRESENTATIONS
8. Community Clean Up Day
a. City Manager McGuire presented the date fora Community Clean Up and Planting Day
as Saturday, April 27, 1991 from 9:00 to 10:30 A.M. at two locations:
Maplewood City Hall, 1830 East County Road B
Carver Elementary School, 2680 Upper Afton Road
EA. APPOINTMENTS
1. Park and Recreation Commission
a. Manager McGuire presented the staff report.
b. Jeff Carver, the applicant, answered questions from the Council.
c. Councilmember Zappa moved to appoint Mr. Carver to the Park and Recreation
Commission.
Seconded by Councilmember Carlson Ayes - all
F. CONSENT AGENDA
Councilmember Zappa moved. seconded by Councilmember Carlson: aves - all. to approve
the consent agenda items F-1 thru F-3 as recommended.
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $1,056 651 O1 Checks #12146 - #12205
Dated 04-01-91 thru 04-10-91
$ 121.367.74 Checks #12803 - #12907
Dated 04-22-91
$1,178,118.75 Total per attached voucher/check
register
PAYROL L• $ 186,054.92 Payroll Checks dated 04-12-91
$ 36.997.80 Payroll Deductions dated 04-12-91
$ 223,052.72 Total Payroll
$1,401,171.47 GRAND TOTAL
2. Planning Commission Annual Report
Accepted the 1990 Annual Report of the Maplewood Planning Commission.
3. Preliminary Plat Time Extension: Gervais Overlook
Approved a one-year time extension for the Gervais Overlook preliminary
plat.
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G. PUBLIC HEARINGS
1. 7:00 P.M. (7:11 P.M.), City Wide Water Project 90-07: Assessment Hearing
a. Mayor Bastian convened the meeting for a public hearing regarding
- assessments for Project 90-07.
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:
- Area 2: Tony Vruno, 2370 Gall - O1 29 22 22 0019
Area 1: Mike Manthei, 2573 E. Lydia - O1 29 22 12 0028
Richard Prokosch, 2587 E. Lydia - O1 29 22 12 0029
Virginia Tollefson, 2512-14 Woodlynn - O1 29 22 12 0004
Merle Eastman, 3012 Lake - 01 29 22 12 0004
Mike Manthei, 2573 E. Lydia - O1 29 22 12 0028
Area 2: Thomas Morris, 2324 Gall Ave. - O1 29 22 22 0090
Margaret Earley, 2812 Southlawn - 02 29 22 32 9942
Area 4: Jim Danielson, 1941 Arcade - 17 29 22 14 0078
Lisa M. Fay, 792 Kenwood Lane - 17 29 22 14 0069
Area 5: None
Area 6: Mrs. Frid, 2467 Hazelwood - 10 29 22 24 0013
Area 7: James Howard, 2204 Hazel - 11 29 22 34 0011
Area 8: None
Area 9: Mayor Bastian explained that he was not assessed for water on Donna
Senty Drive because he was assessed on Frost Avenue.
Area 10: Sidney Fulcher, 1857 Phalen Place - 16 29 22 42 0042
Area 11: Greg Krieglmeier, 49 E. Larpenteur - 18 29 22 34 0042
Omar Olson, 1695 Abell - 18 29 22 34 0046
Tom Stebner, 1683 Abell - 18 29 22 34 0047
John Slama, 77 E. Kingston - 18 29 22 34 0014
Area 12: Marie Robinson, 2315 Minnehaha Ave. E. - 25 29 22 33 0031
Area 13: Patrick Shaughnessy, 1235 Dorland Rd. - 24 28 22 22 0015
Area 14: None
f. Mayor Bastian closed the public hearing.
g. Councilmember Zappa introduced the following Resolution and moved its adoption:
91-04-51
RESOLUTION ADOPTING ASSESSMENT ROLL
WHEREAS, pursuant to proper notice duly given as required by
law, the City Council has met and heard and passed on all objections
to the proposed assessment for the construction of City-Wide Water
Main Extensions and Miscellaneous Improvements as described in the
files of the City Clerk as Project 90-07, and has amended such
proposed assessment as it deems just,
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
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, 1992, and shall bear interest at the
rate of eight (8.0) 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.
5. 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. Council announced that appeals will be heard on May 13, 1991.
H. AWARD OF BIDS
1. Banking Services
a. Manager McGuire presented the staff report.
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b, Councilmember Rossbach introduced the following Resolution and moved its
adoption:
91-04-52
RESOLUTION DESIGNATING BANKING SERVICES
BE IT RESOLVED, that the Bank of St. Paul is hereby designated as
depository for demand deposits of the City of Maplewood, and
BE IT FURTHER RESOLVED, that an agreement is hereby approved with the
Bank of St. Paul for checking account and lockbox services based upon the
terms in their proposal, and
BE IT FURTHER RESOLVED, that funds deposited in said bank may be
withdrawn by check when signed by the signature, or by the facsimile
signature, of the Mayor, City Manager and Finance Director, and
BE IT FURTHER RESOLVED, that funds in said bank may be wire transferred
at the request of the Finance Director, Assistant Finance Director, or
Accountant for the purchases of City investments, and
_ BE IT FURTHER RESOLVED, that deposits in said bank shall not exceed the
amount of F.D.I.C. insurance covering such deposits unless collateral or a
bond is furnished as additional security, and
BE IT FURTHER RESOLVED, that this depository designation shall be
effective upon adoption of this resolution and continue to be effective
until new depositories are designated.
Seconded by Councilmember Carlson Ayes - all
2. Playground Equipment
a. Manager McGuire presented the staff report.
b. Councilmember Rossbach introduced the following Resolution and moved its
adoption•
91-04-53
AWARD OF BIDS FOR PLAYGROUND EQUIPMENT
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid
of Earl F. Anderson and Associates, Inc. in the amount of $60,000 and
Miracle Recreation Equipment Co., Bob Klein and Associates, in the amount of
$30,000 is the lowest responsible bid for the construction of playground
equipment at the following parks: Harvest, Hazelwood, Playcrest, Geranium,
Sherwood and Vista Hills; and the proper City officials are hereby
authorized and directed to enter into a contract with said bidder for and on
behalf of the City.
Seconded by Councilmember Carlson Ayes - all
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c. Councilmember Rossbach moved that funding for the purchase and
installation of the eguioment be aaoroved from the following sources.
Geranium $15,000 from the Neighborhood PAC Fund
Harvest $15,000 from the Neighborhood PAC Fund
Playcrest $15,000 from the Neighborhood. PAC Fund
Vista Hills $15,000 from the Neighborhood PAC Fund
Sherwood $15,000 from the Commercial PAC Fund
Hazelwood $15,000 from the Commercial PAC Fund
Seconded by Councilmember Carlson Ayes - all
Mayor Bastian called a 5-minute recess.
Mayor Bastian re-convened the meeting at 8:50 p.m.
G. PUBLIC HEARINGS (Continued)
2. 8:45 P.M. (8:50 P.M.), Code Change: Sideyard Setbacks (1st Reading)
a. Mayor Bastian convened the meeting for a public hearing regarding
changing the code governing Sideyard setbacks.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the report.
d. Commissioner Gary Pearson presented the Planning Commission report.
e. Mayor Bastian opened the public hearing, calling for proponents or opponents'r;
None appeared.
f. Board Member Larry Whitcomb presented the HRA report.
g. Mayor Bastian closed the public hearing.
h. Councilmember Zappa moved first reading of staff recommendation No. 3.
Motion died for lack of a second.
i. Councilmember Rossbach moved first reading of an ordinance regulating
sidevard setbacks and included ten (10) foot side yard setback for
habitable structure and a five (5) foot setback for a non-habitable
structure.
Seconded by Councilmember Zappa Ayes - CouncilmembersJuker, Rossbach,
Zappa
Nays - Mayor Bastian, Councilmember
Carlson
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I. UNFINISHED BUSINESS
1. Preservation: Open Space
a. Manager McGuire presented the staff report.
b. Director of Parks and Recreation Odegard presented the specifics of the report.
c. Councilmember Rossbach moved to open the meeting for public testimony.
Seconded by Mayor Bastian Ayes - Mayor Bastian, Councilmembers
Carlson, Juker, Rossbach
Nays - Councilmember Zappa
d. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. The following were heard:
Bill Poppert, 2433 Highwood
Terry Spawn, 2360 Timber Ave., submitted a letter with 175
signatures of area residents
Joseph Fittepaidi, 2371 Highwood Ave.
e. Council stated they will meet Friday, April 23 at 3:45 P.M. with
Engineering Department and residents of the affected area.
f. Mayor Bastian moved to direct staff to orepare a report on the following
and return it to Council on Mav 13th:
1. Send a letter to School District 622 regarding the city's
interest in the school-owned parcel as part of the open space
plan.
2. Develop a plan for defining the needs of property for open space
and compile an inventory of locations.
3. Find out time table to have the question of acquiring open space
on a referendum to be held with the general election; costs of
special election and time tables needed for both alternatives.
4, Research the legality of special taxing districts to pay for
open space.
Seconded by Councilmember Zappa Ayes - all
2. Land Use P1 an Change: Lakewood Drive & Maryland Avenue (4 Votes)
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson presented the specifics of the
report.
c. Commissioner Pearson presented the Planning Commission recommendation.
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d. Councilmember Zappa introduced the followino Resolution and moved its
adoption:
91-04-54
LAND USE PLAN CHANGE RESOLUTION
WHEREAS, Richard Sagstetter applied for a change to the City's
land use plan from RM (residential medium density) to RH
(residential high density).
WHEREAS, this change applies to the property located at the
southeast corner of Maryland Avenue and Lakewood Drive.
WHEREAS, the history of this change is as follows:
1. The Planning Commission held a public hearing on
February 19, 1991. City staff published a hearing
notice in the Maplewood Review and sent notices to the
surrounding property owners as required by law. The
Planning Commission gave everyone at the hearing a
chance to speak and present written statements. The
Planning Commission recommended to the City Council
that they table this change until someone proposes a
development for the property.
2, The Cit Council discussed the plan amendment on April
8 and April 22, 1991. They considered reports and
recommendations from the Planning Commission and City
staff.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve a -
change from RM (residential medium density) to RH (residential high
density) for five acres at the southeast corner of Lakewood Drive
and Maryland Avenue. Approval is for the following reasons:
1. This change. is based on testimony at the hearing that
this area will be developed with senior housing.
2. The Council has stated in the past that they would
approve density increases for senior housing.
3. Senior housing produces less traffic per unit than
other types of multiple dwellings.
4. The Council will consider changing this site back to RM
after one year if construction has not started on a
senior housing project.
Seconded by Councilmember Carlson Ayes - all
3. Code Change: Temporary Signs (2nd Reading - 4 Votes)
a. Manager McGuire presented the staff report.
$ 4-22-91
b. Councilmember Rossbach introduced the following Ordinance and moved its adoation:
ORDINANCE 686
AN ORDINANCE REVISING THE TEMPORARY SIGN REGULATIONS
The Maplewood City Council hereby ordains as follows:
Section 1. Section 36-230, Definitions, is changed by revising the definition
of temporary sign under the heading "Sign Types: By Function" as follows:
Temporary Sign: Any banner, portable sign, advertising
balloon, searchlight, manual or electronic noise
amplification system or other sign allowed for a limited
time.
Section 2. Section 36-230. Definitions, is changed by adding or
revising the following definitions under the heading "Types: By
Structure":
Advertising balloon: An inflatable temporary sign.
Banners: A temporary sign that is made of flexible
material, contains a message and is not inflatable.
Section 3. Section 36-256 is changed as follows:
Sec. 36-256. Required; exceptions.
Every person must get a sign permit before erecting,
placing, reconstructing, altering or moving a sign, except
the following:
(I) Incidental, construction, political or real estate
signs.
(2) Maintenance, repair or the change of sign copy.
(3) Temporary signs in commercial districts that are
sixteen (16) square feet or less.
(4) Flags.
Section 4. Sections 36-278 and 36-279 are amended as follows:
Sec. 36-278. Temporary signs.
(a) The total time of all permits for temporary signs at
any one business location shall not exceed thirty (30)
days each year. Each tenant space at a shopping center
shall count as a separate business location.
(b) There shall be no more than one temporary sign at a
business location or shopping center at any one time.
(c) The City shall consider a sign displayed for part of a
day as having been up for an entire day.
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_ (d) No person shall place a temporary sign on or over
public property or obstruct the visibility of drivers
at intersections or when-entering or leaving public
streets.
(e) Off-site temporary signs are prohibited.
(f) The operator of a searchlight must turn it off when the
business where the searchlight is operating closes or
- by 10:00 p.m., whichever comes first.
(g) The City Council may approve exceptions to this section
if the applicant can show there are unusual
circumstances with the request. The Council may attach
conditions to their approval to assure that the sign
will be compatible with surrounding properties.
Sec. 36-279 - 36-290. Reserved.
Section 5. This ordinance shall take effect upon its passage and
publication.
Seconded by Councilmember Carlson Ayes - all
J. NEW BUSINESS
1. Approve Plans - Authorize Bids: Project 88-12 - Beam Avenue
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the report.
ce Councilmember Rossbach introduced the followino Resolution and moved its
adoption:
91-04-55
RESOLUTION APPROVING PLANS, ADVERTISING FOR BIDS
WHEREAS, plans and specifications for Beam Avenue, T.H. 61 to County
Road D, Project 88-12, have been prepared by (or 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.
2. The City Clerk shall prepare and cause to be inserted in the
official paper and in the Construction Bulletin an advertisement
for bids upon the making of such improvement under such approved
plans and specifications. The advertisement shall be published
twice, at least ten days before the date set for bid opening,
shall specify the work to be done, shall state that bids will be
publicly opened and considered by the Council at 10:00 a.m. on
10 4-22-91
the 17th day of May, 1991, at the City Hall and that no bids
shall be considered unless sealed and filed with the Clerk and
accompanied by a certified check or bid bond, payable to the
City of Maplewood, Minnesota for five percent of the amount of
such bid.
3. The City Clerk and City Engineer are hereby authorized and
instructed to receive, open, and read aloud bids received at the
time and place herein noted, and to tabulate the bids received.
The Council will consider the bids, and the award of a contract,
at the regular City Council meeting of May 30, 1991.
Seconded by Councilmember Juker Ayes - all
2. Parking Authorization and Fence Design: T-Birds
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson presented the specifics of the report.
e. Rick Zachau, T Birds, the applicant, spoke on behalf of the request.
d. Mayor Bastian moved to table the request until the first meeting after first
reading if the sub.iect of serving liquor outside of structures is brought before
the Council.
Seconded by Councilmember Zappa Ayes - all
3. Plan Amendment: Co. Rd. B & White Bear Avenue (4 Votes)
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson presented the specifics of the
report.
c. Commissioner Pearson presented the Planning Commission report.
d. Councilmember Rossbach moved to take no action on this matter.
Seconded by Councilmember Carlson Ayes - all
Mayor Bastian moved to waive the Rules of Procedure and extend the meeting to the end
of the Agenda.
Seconded by Councilmember Carlson Ayes - all
4. Communication from Maplewood, North St. Paul, Oakdale School District 622
a. Manager McGuire presented the staff report.
b. Council expressed their regrets that no one could attend the retreat.
11 4-22-91
L. VISITOR PRESENTATIONS
None
M. COUNCIL PRESENTATIONS
L Gravel Ordinance:
a. Councilmember Rossbach moved to reconsider second reading of the mining
ordinance to investigate erosion problems, distance from residential.
etc.
Seconded by Mayor Bastian Ayes - all
2. English and Cope
a. Councilmember Rossbach stated he had driven by and every parking space
was taken and there were 10 cars parked in the street.
3. Maple Leaf Sculpture:
a. Councilmember Rossbach asked if there was a plan to request donations
for the Maple Leaf Sculpture.
b. Staff will take steps to advertise for donations.
4. Council/Planning Commission Meeting:
a. Councilmember Zappa moved to direct staff to establish a date for a
Council/Planning Commission meeting.
Seconded by Councilmember Carlson Ayes - all
5. Fees for Plat Extension:
a. Councilmember Zappa moved to direct staff to establish a fee for plat
extensions.
Seconded by Councilmember Carlson Ayes - all
6. Water Advisory Committee:
a. Councilmember Carlson stated the Committee met last Thursday with the Water
Department Board and the Water Board agreed to provide screening, keep dust down,
etc.
7. Drug Grant:
a. Mayor Bastian reported he had received a letter from Senator Len Price
regarding grants which are available for the fight against drugs.
N. ADMINISTRATIVE PRESENTATIONS
1. Community Clean Up Day:
Discussed before Item EA
12 4-22-91
2. Presentation Gambling License:
a. Councilmember Zappa introduced the following Resolution and moved its
adoption:
91-04-57
RESOLUTION FOR LAWFUL GAMBLING AT PRESENTATION CHURCH
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that
the premises permit for lawful gambling is approved for Presentation of the
Blessed Virgin Mary Church, 1725 Kennard Street.
FURTHERMORE, that the Maplewood City Council waives any objection to the
timeliness of application for said permit as governed by Minn. Stat.
§349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling
Control Division of the Minnesota Department of Gaming approve said permit
application as being in compliance with Minn. Stat. §349.213.
NOW, THEREFORE, be it further resolved that this resolution by the City
Council of Maplewood, Minnesota, be forwarded to the Gambling Control
Division for their approval.
Seconded by Councilmember Carlson Ayes - all
3. Council/Manager Meeting
a. Mayor Bastian moved the next Council/Manager meeting be held on Mav 6
from 4:30 p.m. to 6:30 o.m.. with the Aqenda to include Organized
Collection. Land Acquisition Update and Summary Resort of Workshop
0. ADJOURNMENT OF MEETING
Meeting was adjourned at 10:43 P.M.
Lucille E. Aurelius
City Clerk
13 4-22-91