HomeMy WebLinkAbout09-23-91 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, September 23, 1991
Council Chambers, Municipal Building
Meeting No. 91-18
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 7:06 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. Meeting No. 91-17 (September 9, 1991)
Councilmember Zappa moved to aoarove the minutes of Meeting No 91-17 (September
9. 1991) as corrected:
Page 4, H- 2, c. Correct motion to read: "review and rebid the project."
Page 17, J-10, d. Correct amount to be: "up to $76,000".
Seconded by Councilmember Rossbach Ayes - all
2. Council/Manager Meeting of September 10, 1991
Councilmember Zappa moved to aoarove the minutes of Council/Manager Meetino of
September 10. 1991 as presented
Seconded by Councilmember Carlson Ayes - all
EA. PRESENTATIONS
1. Proclamation: Local Programming Week - October 6 - 12
a. Mayor Bastian introduced the following Proclamation and moved it adoption•
LOCAL CABLE PROGRAMMING WEEK
October 6-12, 1991
WHEREAS, local cable programming brings our community's political,
educational, cultural, sports, and special events to television; and
WHEREAS, local cable programming is produced in conjunction with a
variety of community groups, including District 622 School Board, AARP, and
Suburban Area Chamber of Commerce; and
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WHEREAS, 50 plus hours of local programming are cablecast each week; and
WHEREAS, Cable TV North Central and Ramsey/Washington Counties Suburban
Cable Commission are making it possible for this community service to be
brought to the City of Maplewood; and
WHEREAS, 21,000 citizens in the City of Maplewood are served by Cable TV
North Central and Ramsey/Washington Counties Suburban Cable Commission; and
WHEREAS, the partners in local programming are to be commended for their
efforts to keep local citizens in the City of Maplewood informed,
enlightened and entertained.
NOW, THEREFORE, BE IT RESOLVED, that I, Gary W. Bastian, Mayor of the
City of Maplewood, do hereby proclaim the week of October 6-12, 1991, as
LOCAL CABLE PROGRAMMING WEEK.
AND, BE IT RESOLVED, that copies of this proclamation be transmitted to
Cable TV North Central as evidence of our esteem.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great
Seal of the City of Maplewood to be affixed this 23rd day of September in
the year of our Lord one thousand nine hundred and ninety-one.
Seconded by Councilmember Zappa Ayes - all
E. APPROVAL OF AGENDA
Mayor Bastian moved to approve the Agenda as amended•
Hear K. VISITOR PRESENTATION after Approval of Agenda.
Seconded by Councilmember Rossbach Ayes - all
K. VISITOR PRESENTATION
1. Ted DuBois and Donald Young, Cottages of Maplewood, appeared before the Council,
a. They talked about the difficulty with the snow plowing at Plaza 3000,
and the difficulty of getting to the shopping area without walking in
the street.
b. They also asked whether it is necessary to have no-parking on both sides
of interior streets within the complex.
c. Council referred the questions to Community Development to investigate
when the Conditional Use Permit for Plaza 3000 is due for review and to
Public Safety to review the parking requirements. Mr. DuBois and Mr.
Young are to leave their names and addresses with the City Clerk.
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F. CONSENT AGENDA
Councilmember Zappa moved, seconded by Councilmember Carlson• ayes all to approve
the consent a4enda items F-1 thru F-4 as recommended (Item F 5 is moved to become
J 6)•
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 395,629.78 Checks #22895 - #22948
Dated 8-30-91 thru 9-11-91
221.137.94 Checks #14773- #14883
Dated 9-23-91
$ 616,767.72 Total per attached voucher/check
register
PAYROLL: $ 189,270.03 Payroll Checks dated 9-13-91
$ 38.308.01 Payroll Deductions
$ 227,578.04 Total Payroll
$ 844.345.76 GRAND TOTAL
2. Final Plat: Highwood Estates No. 2
Approved the final plat for Highwood Estates No. 2, a 54-lot single dwelling
subdivision south of Highwood Avenue at O'Day, McClelland and Ferndale
Streets.
3. Conditional Use Permit Review: 1255 Cope Ave. (Northern Hydraulics)
Reviewed and renewed for one year the Conditional Use Permit for Northern
Hydraulics office/warehouse/showroom at 1255 Cope Avenue.
4. Conditional Use Permit Review: 1285 Cope Ave. (Englewood)
Reviewed and renewed for one year the Conditional Use Permit for the
commercial center at 1285 Cope Avenue. Councilmember Rossbach expressed
- concerns regarding parking. David L. Philips, Project Manager for BB&D
Investments, will warn customers of the parking restrictions.
5. 1990/1991 City Manager Review
Moved to J-6
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G. PUBLIC HEARINGS
1. 7:00 p.m. (7:22 p.m.), Easement Vacation: Burke Ave.
a. Mayor Bastian convened the meeting for a public hearing regarding
vacation of an easement on Burke Avenue.
b. Assistant City Manager Maglich presented the staff report.
c. Director of Community Development Olson presented the specifics of the report.
d. Commissioner Fischer presented the Planning Commission recommendation.
e. Mayor Bastian opened the public hearing, calling for proponents or opponents.
No one appeared.
f. Mayor Bastian closed the public hearing.
g. Councilmember Zappa introduced the following Resolution and moved its adootion°
91 - 09 - 120
EASEMENT VACATION RESOLUTION
WHEREAS,. the Maplewood Engineering Department applied for the vacation
of the following-described utility easements:
A permanent easement over the South one-half of the vacated
Burke Avenue adjacent to Lot 4 and over the West 15 feet of Lot 3,
together with an easement over the North half of the South one-half
of the vacated Burke Avenue adjacent to Lots 1 and 2 and East 25
feet of Lot 3, Block 24, Sabin Addition to Gladstone, Ramsey County,
Minnesota.
- A public utility easement over the South one-half of the vacated
Burke Avenue adjacent to the East half of Lot 29 and all of Lot 30,
Block 17, Sabin Addition to Gladstone, Ramsey County, Minnesota.
A public utility easement over the vacated Burke Avenue right-
of-way accruing to and the Southerly 10 feet of Lots 16 through 21,
and the Southerly 10 feet of the West half of Lot 22, Block 17,
Sabin Addition to Gladstone, Ramsey County, Minnesota.
WHEREAS, the history of these vacations is as follows:
1. A majority of the property owners abutting this easement signed
a petition for these vacations.
2. The Planning Commission discussed this vacation on September 3,
1991. They recommended that the City Council approve the
vacations.
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3. The City Council held a public hearing on September 23, 1991.
City staff published a notice in the Maplewood Review and sent
notices to the abutting property owners as required by law. The
_ Council gave everyone at the hearing a chance to speak and
present written statements. The Council also considered reports
and recommendations from the City staff and Planning Commission.
WHEREAS, after the City approves these vacations, public interest in the
property will go to the following properties:
The North one-half of the vacated Burke Avenue and all of Block 17,
Sabin Addition to Gladstone, Ramsey County, Minnesota (PIN 15-29-22-
. 21-0084); and
The South one-half of the vacated Burke Avenue accruing to and the
North 94 feet of Lots 1 through 4, Block 24, Sabin Addition to
Gladstone, Ramsey County, Minnesota (PIN 15-29-22-21-0092).
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described easement vacations for the following reasons:
1. It is in the public interest.
2. There is no need for these easements because the City acquired
other easements to replace these.
Seconded by Councilmember Rossbach Ayes - all
2. 7:10 p.m.(7:22 p.m.), Lot Division and Subdivision Code Variation: 1230 Sterling St.
a. Mayor Bastian convened the meeting for a public hearing regarding a
request for a lot division at 1230 Sterling Street.
b. Assistant City Manager Maglich presented the staff report.
c. Director of Community Development Olson presented the specifics of the report.
d. Commissioner Fischer presented the Planning Commission Recommendation.
e. Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following appeared:
Tom Harrington, President of St. Paul Educational Foundation
fe Mayor Bastian closed the public hearing.
g. Councilmember Zappa introduced the following Resolution and moved its adoption
91 - 09 - 121
SUBDIVISION CODE VARIATION RESOLUTION
WHEREAS, the St. Paul Educational Foundation applied for a variation
from the subdivision code to split off a 180- by 200-foot lot for the
existing house.
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WHEREAS, the legal description of the property is:
In Section 13, Township 28, Range 22, the South 74 feet of
the North 1815 feet of the West 1/2 of the S.E. 1/4 and
also, the South 825 feet of the S.W. 1/4 of the S.E. 1/4
(subject to roads and highways). This property is also
known as 1230 Sterling Street South.
WHEREAS, Section 30-8 of the Maplewood Code of Ordinances requires all
lots to abut on a publicly dedicated and maintained street.
WHEREAS, the applicant is proposing to create a lot abutting on public
property that is not a dedicated and maintained street.
WHEREAS, the history of this variation is as follows:
1. The Planning Commission discussed this variation of September 3,
1991. They recommended that the City Council approve the
variation.
2. The City Council held a public hearing on September 23, 1991.
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 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 variation for the following reasons:
1. It is in keeping with the spirit and intent of the Subdivision
Code.
2. The proposed lots meet all City size standards.
3. The owners are not proposing any development.
4. Existing driveways provide access to the two proposed lots.
This approval shall be subject to the following conditions:
1. The owners placing a deed restriction on the northerly lot that
would prohibit any additional building without getting City
approval.
2. The owner deeding Outlot A of the Maplewood Highlands Addition
and the west 33 feet of their property to the City.
3. The owner recording the deeds for the lot division within one
year, unless the City approves a time extension.
Seconded by Councilmember Rossbach Ayes - all
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Councilmember Zappa moved to susoend the Rules of Procedure to hear Item G-4 at this
time.
Seconded by Mayor Bastian Ayes - all
4. 7:40 p.m. (8:05 p.m.), Intoxicating Liquor License: 1734 Adolphus, Scott Winer
a. Mayor Bastian convened the meeting for a public hearing regarding an
intoxicating liquor license for Scott Winer at Champps, 1734 Adolphus.
b. Assistant City Manager Maglich presented the staff report.
c. Mayor Bastian opened the public hearing, calling for proponents or opponents.
No one appeared.
d. Mayor Bastian closed the public hearing.
e. Mayor Bastian introduced the following resolution and moved its adootion•
91-09- 122
APPROVAL OF LIQUOR LICENSE
NOTICE IS HEREBY GIVEN, that pursuant to action by the City Council of
the City of Maplewood on September 23, 1991, an On-Sale Intoxicating Liquor
License was approved for Scott Winer, doing business as Champps, 1734
Adolphus Street.
The Council proceeded in this matter as outlined under the provisions of
the City Ordinances.
Seconded by Councilmember Carlson Ayes - all
3. 7:30 p.m. (8:20 p.m.), Conditional Use Permit: Demont Ave. (Kavanagh)
a. Mayor Bastian convened the meeting for a public hearing regarding a
request for a conditional use permit to allow John Kavanagh to build a
single dwelling on an outlot that is not adjacent to a public street.
b. Assistant City Manager Maglich presented the staff report.
c. Commissioner Fischer presented the Planning Commission Report.
d. Councilmember Zappa stated his and his wife's home abuts the property
being discussed and that he has received an opinion from the City
Attorney that he can take action on this issue.
e. Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following persons were heard:
John Daubney, Attorney representing John Kavanagh
John Oswald, 1694 Demont
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f. Mayor Bastian closed the public hearing.
g. Councilmember Rossbach moved to approve the conditional use permit to allow a
drivewav from Bittersweet to Outlot A.
Seconded by Councilmember Carlson
h. Councilmember Zappa moved to table this item until the first meeting in
November and stated. if the Council wishes to grant the access to this
property so a home can be built on Outlot A to the East of Bittersweet
his motion to table would include that the staff study the possibility
of meeting with Mr. Kavanah and the Westons and look at building an
extension of Bittersweet to the South and then running it into the West
to serve the high lots that are on the same level as this lot
i. Mayor Bastian stated if the maker and seconder of the original motion
would agree to add a condition "based on the foregoing findings, access
to the subject property, if in Outlot A, shall be from Bittersweet and
the driveway shall be constructed on the Southerly 1/2 of the
undeveloped Demont Avenue".
Councilmember Juker moved to second Councilmember Zappa's motion to table
Ayes - all
4. Heard before Item G-3.
9:03 P.M.
Mayor Bastian called far a 5-minute recess.
9:13 P.M.
Mayor Bastian reconvened the meeting.
N. AWARD OF BIDS
None
I. UNFINISHED BUSINESS
1. Ramsey/Washington Counties Suburban Cable Commission Appointment
a. Assistant City Manager Maglich presented the staff report.
b. Councilmember Carlson moved to appoint Mr. Clifford McGinnis to the
Ramsey/Washington Counties Suburban Cable Commission
Seconded by Councilmember Zappa Ayes - all
2. Request for Temporary Signs: 2223 White Bear Ave.
a. Assistant City Manager Maglich presented the staff report.
b. Councilmember Carlson moved to approve a temporary 4' x 20' sign for 30 days
Seconded by Councilmember Zappa Ayes - Mayor Bastian, Councilmembers
Carlson, Rossbach, Zappa
Nays - Councilmember Juker
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3. White Bear Avenue - Project 89-12
a. Assistant City Manager Maglich presented the staff report.
b. Councilmember Zappa moved to proceed without anv more public testimonv
Seconded by Councilmember Juker Ayes - Councilmembers Juker, Zappa
Nays - Mayor Bastian, Councilmembers
Carlson, Rossbach
Motion failed
c. Councilmember Rossbach moved to open the meeting for 30 minutes of
public testimonv other than assessment questions
Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers
Carlson, Rossbach
Nays - Councilmembers Juker, Zappa
d. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. The following were heard:
Cindy Sweeney, 1865 White Bear Avenue
Rebecca Meyer, representing her parents of 1909 White Bear Avenue
Delores Kaufman, 1717 White Bear Avenue
Paul Kirkwald, Acting County Engineer
e. Mayor Bastian closed the meeting to further public testimony.
f. Councilmember Rossbach introduced- the following Resolution and moved its
adoption:
91- 09 - 123
WHEREAS, Plans for Projects No. S.P. 62-665-31 and Q.A.P. 62-629-06
showing proposed alignment, profiles, grades and cross sections for the
reconstruction of County State Aid Highway No. 65 (White Bear Ave.) and
County State Aid Highway 29 (North St. Paul Road) within the limits of the
City as a Federal Aid Project have been prepared and presented to the City.
NOW, THEREFORE, BE IT RESOLVED: That said plans be in all things
approved.
Seconded by Councilmember Carlson Ayes - Councilmembers Carlson, Juker,
_ Rossbach, Zappa
Nays - Mayor Bastian
g. Councilmember Rossbach introduced the following Resolution and moved its
adoption:
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91- 09 - 124
ORDERING IMPROVEMENT AFTER PUBLIC HEARING
WHEREAS, after due notice of public hearing on the construction of
sanitary sewer and service replacement, water main and service extensions,
storm sewers, signal systems and other work as part of cooperative
agreements with Ramsey County for reconstruction of White Bear Avenue -
Larpenteur to Frost, City Project 89-12, a hearing on said improvement in
accordance with the notice duly given was duly held on August 26, 1991, and
the Council has heard all persons desiring to be heard on the matter and has
fully considered the same;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
1. That it is advisable, expedient and necessary that the City of
Maplewood construct sanitary sewer and service replacement,
water main and service extensions, storm sewers, signal systems,
and other work as part of cooperative agreements with Ramsey
County for reconstruction of White Bear Avenue - Larpenteur to
_ Frost, City Project 89-12, as described in the notice of hearing
thereof, and orders the same to be made.
2. The Mayor and City Manager are authorized to execute Cooperative
Agreements 91021, 91022, and 91023 with Ramsey County.
Seconded by Councilmember Carlson Ayes - Councilmembers Carlson, Juker,:-
Rossbach, Zappa
Nays - Mayor Bastian
h. Councilmember Rossbach moved aoaroval of the following oroiect
financing°
Estimated project cost $324,590
Proposed financing:
Special assessments $ 25,825
Municipal state aid 76,180
Sanitary sewer fund. 222.585
$324,590
The special assessments proposed are for commercial water
service, one new residential service and three lead service
replacements. (No sanitary sewer assessments are proposed.)
Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers
Carlson, Rossbach
Nays - Councilmembers Juker, Zappa
Councilmember Juker moved to waive the Rules of Procedure and extend the meeting past
the deadline.
Seconded by Mayor Bastian Ayes - all
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J. NEW BUSINESS
1. Request For No Parking on East Shore Drive
a. Assistant City Manager Maglich presented the staff report.
b. Mayor Bastian introduced the following Resolution and moved its adoption•
91-09- 125
RESOLUTION BANNING PARKING
WHEREAS, the parking of vehicles on the East side of East shore Drive
between Larpenteur Avenue and 400 feet North is seen to cause loss of
boulevard turf with resultant erosion, and
WHEREAS, the erosion is detrimental to the water quality of adjacent
Lake Phalen, and destruction of boulevard turf impairs the property value of
the abutting properties, and
WHEREAS, East Shore Drive is under the jurisdiction of Ramsey County.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that Ramsey County is requested to evaluate and install no parking
signs on the East side of East- Shore Drive from Larpenteur to 400 feet
North.
Seconded by Councilmember Juker Ayes - all
2. Resident Request for Three-Way Stop - County Road C and Cypress
a. Assistant City Manager Maglich presented the staff report.
b. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. The following were heard:
Mr. Huot, 999 E. County Road C
Theresa Huot, 988 E. County Road C
c. Councilmember Rossbach moved to refer the request for stop signs at County Road
C and Cypress to Ramsey County without recommendation
Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers
Carlson, Juker, Rossbach
Nays - Councilmember Zappa
3. Suburban Cable Commission (SCC) Office Space Lease: 1902 E. County Road B
a. Assistant City Manager Maglich presented the staff report.
b. Councilmember Zappa moved to approve the office space lease for the Suburban
Cable Commission.
Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers
Carlson, Rossbach, Zappa
Nays - Councilmember Juker
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4. Approval To Advertise For Bids: Emergency Preparedness
a. Councilmember Zappa moved to approve the specifications and request to
advertise for bids for a hazardous materials response vehicle for the
Emeroency Manaoement Department.
Seconded by Councilmember Carlson Ayes - all
5. Request to Add Approved and Budgeted Fult-Time Police Officer
and Part-Time Police Officer
a. Councilmember Zappa moved to approve the request to add the approved and budoeted
full-time Police Officer and Part-Time Police Officer positions
Seconded by Councilmember Juker Ayes - all
6. 1990/1991 City Manager Review (From F-5)
a. Mayor Bastian presented the staff report.
b. Mayor Bastian moved to approve the following chanoes in the Manaoer's
Compensation effective Mav 1 1991:
Deferred Compensation Increase from $350/month to $400/month
Car/Expense Allowance Increase from $350/month to $400/month
Salary Increase from $76,003/year to $78,283/year
Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers
Carlson, Rossbacfi, Zappa
Nays - Councilmember Juker
K. VISITOR PRESENTATIONS
1. Galen Britz
a. Mr. Britz spoke to the Council regarding a building permit which was
held up y set-back ordinance change.
b. Mr. Britz was informed of procedures.
2. Letter from Mrs. Ettl asking when her road will be done.
a. The area is next on the contractor's list.
L. COUNCIL PRESENTATIONS
: NONE
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M. ADMINISTRATIVE PRESENTATIONS
Mayor Bastian moved the Council go into a closed attorney/client session to discuss
pending litigation.
Seconded by Councilmember Carlson Ayes - all
Mayor Bastian reconvened the regular meeting.
N. ADJOURNMENT
Regular Meeting was adjourned at 10:58 p.m.
~.,/..J
Lucil e~ius
City Clerk
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