Loading...
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 1 4-22-91 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. 2 4-22-91 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, 3 4-22-91 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. 4 4-22-91 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 5 4-22-91 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 6 4-22-91 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. 7 4-22-91 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. 9 4-22-91 _ (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