HomeMy WebLinkAbout11-23-92 MINUTES MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, November 23, 1992
Council Chambers, Municipal Building
Meeting No. 92-22
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota was held in the Council
Chambers, Municipal Building, and was called to order at 7:00 P.M. by Mayor Bastian.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL:
' Gary W. Bastian, Mayor Present
Dale H. Carlson, Councilmember Present
Frances L. Juker, Councilmember Present
George F. Rossbach, Councilmember Present
Joseph A. Zappa, Councilmember Present
D. APPROVAL OF MINUTES:
1. Minutes of Council/Manager Meeting, October 29, 1992
Councilmember Zappa moved to approve the minutes of Council/Manager Meeting
of (October 29. 1992) as presented.
Seconded by Councilmember Rossbach Ayes - all
2. Minutes of Meeting 92-21 (November 9, 1992)
Councilmember Zappa moved to approve the minutes of Meeting No. 92-21
jNovember 9. 1992) as corrected.
Seconded by Councilmember Rossbach Ayes - all
E APPROVAL OF AGENDA
Mayor Bastian moved to a rove the A enda as amended:
L1. Street Sign
L2. Glasow Letter
J3. Add Gladstone Fire Department Request
L3. Updating Old and Used Signs
L4. Assessment Policy
L5. Manager's Evaluation Update
L6. Environmental Task force
J5. 1993 SCORE Funding
M1. Council/Manager Meeting-
Seconded by Councilmember Zappa Ayes - all
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EA. PRESENTATIONS
The members of Boy Scout Troop 461 were recognized by Council.
F. CONSENT AGENDA
Councilmember Zappa moved, seconded by Mavor Bastian: ayes - all. to aporove
the consent agenda items as recommended:
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 634,616.56 Checks #23834 - #23871
Dated 22- 2-92 thru 11- 9-92
~ 126.208.74 Checks #19000 - #19120
Dated 8-23-92
$ 760,825.30 Total per attached voucher/check
register
PAYROLL: $ 201,351.68 Payroll Checks #29288 thru #29451
Dated 11- 6-92
$ 42.564.81 Payroll Deduction Checks #29456 thru
#29474 dated 11- 6-92
$ 243,916.49 Total Payroll
$1.004.741.79 GRAND TOTAL
2. Revised Financing Plan for Improvement Project 87-04
Approved the proposed financing plan, authorized the appropriate budget
adjustments and approved the transfers necessary to implement the revised
financing plan for this project.
3. Revised Financing Plan for Improvement Project 87-05
Approved the proposed financing plan, authorized the appropriate budget
- adjustments and approved the .transfers necessary to implement the revised
financing plan for this project.
4. Revised Financing Plan for Improvement Project 88-14
Approved the proposed financing plan, authorized the appropriate budget
adjustments and approved the transfers necessary to implement the revised
financing plan for this project.
5. Financial Transfers to Close Improvement Project 84-14
Approved the proposed financing plan, authorized the appropriate budget
adjustments and approved the transfers necessary to close this project.
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6. Financial Transfers to Close Improvement Project 85-26
Approved the proposed financing plan, authorized the appropriate budget
adjustments and approved the transfers necessary to close this project.
7. Financial Transfers to Close Improvement Project 87-20
Approved the proposed financing plan, authorized the appropriate budget
adjustments and approved the transfers necessary to close this project.
8. Financial Transfers to Close Improvement Project 88-08
Approved the proposed financing plan, authorized the appropriate budget
adjustments and approved the transfers necessary to close this project.
9. Financial Transfers to Close improvement Project 88-10
Approved the proposed financing plan, authorized the appropriate budget
adjustments and approved the transfers necessary to close this project.
10. Financial Transfers to Close Improvement Project 88-11
Approved the proposed financing plan, authorized the appropriate budget
adjustments and approved the transfers necessary to close this project.
il. Change of Paying Agents on Bond Issues
Adopted the following Resolution to designate Norwest Bank as the paying
agent on all bond issues:
92 - 11 - 155
RESOLUTION DESIGNATING NORWEST BANK AS PAYING AGENT/REGISTRAR
BE IT RESOLVED, by the City Council of the City of Maplewood, Minnesota,
that all current Paying Agent/Registrars for General Obligation Bond issues
by the City are hereby removed and Norwest Bank Minnesota, National
Association is named as successor Paying Agent/Registrar in all cases.
12. Preliminary Plat Time Extension: Woodlynn Heights Nos. 7 8 8
Approved a one-year time extension for the Woodlynn Heights Numbers 7 and 8
preliminary plat, subject to the November 25, 1991 conditions.
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13. Certification to Property Taxes of Weed Cutting Costs
Adopted the following Resolution to certify to Ramsey County, for addition
to property taxes, the cost of cutting weeds on vacant lots:
92 - 11 - 156
CERTIFICATION OF WEED CUTTING COSTS
RESOLVED, that the City Clerk is hereby authorized and directed to
certify to the auditor of Ramsey County the attached list of delinquent weed
cutting charges said list made a part herein for certification against the
tax levy of said property owners for the Year 1992, collectible in 1993 and
which listing includes interest at the rate of seven and one-half percent
(7.5%) on the total amount for the year.
13-28-22-22-0063 5 38.20
13-28-22-22-0061 38.20
13-28-22-22-0055 38.20
13-28-22-22-0075 38.20
13-28-22-22-0074 38.20
_ 13-28-22-21-0007 38.20
13-29-22-11-0087 46.10
TOTAL 5275.30
G. PUBLIC HEARINGS
1. 7:00 P.M., Walkway Easement Vacation: Adele St. (Campbell)
a. Mayor Bastian convened the meeting for a public hearing regarding A
request for vacation of a walkway easement on Adele Street.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the
report.
d. Commissioner Kittridge presented the Planning Commission report.
e. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following persons were heard:
Dennis Campbell, the applicant
f. Mayor Bastian closed the public hearing..
g. Councilmember Zappa introduced the following Resolution and moved its
adootion•
92 - it - 157
EASEMENT VACATION RESOLUTION
WHEREAS, Mr. Dennis Campbell applied for the vacation of the following
described easement:
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The 20-foot-wide public walkway easement centered on the
centerline of the vacated Adele Street right-of-way south of
Fenton Street.
WHEREAS, the history of this vacation is as follows:
i. A majority of the property owners abutting this easement signed
a petition for this vacation;
2. The Planning Commission discussed this vacation on October 19,
1992. They recommended that the City Council approve this
vacation.
3. The City Council held a public hearing on November 23, 1992..
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 this vacation, public interest in the
property will go to the following abutting properties:
1050 Frost Avenue (PIN 16-29-22-31-0001) and Lots 11 & 12,
Block 5, Kavanagh and Dawson's Addition to Gladstone.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described vacation for the following reasons:
i. It is in the public interest.
2. The grade is too steep for a safe walkway.
3. There are other routes for residents to walk between Frost
Avenue and Lake Phalen.
This easement vacation is subject to the City Engineer approving a tree
planting plan for the utility easement.
Seconded by Councilmember Rossbach Ayes - all
2. 7:15 P.M., Eldridge Avenue (Priebe)
a. Mayor Bastian convened the meeting for a public hearing regarding a
request for approval of a construction agreement and vacation of portion
of Curve and Birmingham Streets.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the
report.
d. Commissioner Kittridge presented the Planning Commission report.
e. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following persons were heard:
Dennis Joriman, 1349 Belmont Lane
Myron Schultz, 2111 Birmingham
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e. Mayor Bastian closed the public hearing.
Construction Agreement
f. Councilmember Zappa introduced the following Resolution and moved its
adootion•
92 - 11 - 158
CONSTRUCTION AGREEMENT RESOLUTION
WHEREAS, Marlow Priebe is asking that the City approve an agreement for
the construction of two single dwellings.
WHEREAS, the legal description of the property is:
Lots 3 - 9, Block 3, Wakefield Manor, Maplewood,
Ramsey County
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 dwellings would not front a publicly-
- maintained street.
WHEREAS, the history of this request is as follows:
1. The Planning Commission discussed this request on October 19,
1992. They recommended that the City Council approve the
request.
2. The City Council held a public hearing on November 23, 1992.
City staff published a notice in the Maplewood Review and sent
notices to the surrounding property owners as required by law.
The Council gave everyone at the hearing 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 two homes would not alter the essential character
of the neighborhood.
4. The City has approved other homes on private drives.
This agreement shall be subject to the following conditions:
1. Before the City issues any building permits, the property owner
shall submit the following agreements for staff approval:
a. Maintenance and access agreement. This agreement shall
grant access for each lot to Birmingham Street. The
agreement also shall describe how the owners will
maintain the driveway.
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b. Hold harmless agreement-with the City. This agreement
shall hold the City harmless from any liability caused
by these tots not being on a public street.
c. A deed to the City that prohibits the right to build a
house on any of the lots that would not be developed.
(Code requirement)
2. All construction shall follow the site plan the City stamped
July 29, 1992, except that the house or garage on Parcel A shall
straddle the lot line between Lots 4 and 5 or Lots 3 and 4. The
Director of Community Development may approve minor changes.
3. The property owner shall do the following before the City issues
any building permits:
a. Combine Lots 3 through 9, Block 3 into two lots.
b. Submit a grading and drainage plan with each building
permit application. The owner shall not build unless
the City Engineer approves this plan.
c. Dedicate a drainage easement to the City for the
wetland.
d. Pay the City a cash connection charge to connect to City
utilities.
4. The rear yard setback shall be 27 feet.
5, Install a sign at Birmingham Street that states the addresses of
the two homes and that the drive is private. Homes are to be
given Eldridge Street addresses.
Seconded by Councilmember Juker Ayes - all
Street Vacations
f. Councilmember Zappa introduced the followino Resolution and moved its
adoption:
92 - 11 - 159
STREET VACATION RESOLUTION
WHEREAS, Marlow Priebe applied for the vacation of the following
described streets:
The Eldridge Avenue right-of-way, from Birmingham Street to the
Northern Pacific Railroad Co. right-of-way, except the south one-
half that is adjacent to Lots 1 and 2, Block 3, Wakefield Manor, and
Curve Street between Belmont Avenue and Eldridge Avenue.
WHEREAS, the history of this vacation is as follows:
1. A majority of the property owners abutting these streets signed
a petition for these vacations;
2. The Planning Commission discussed this vacation on October 19,
1992. They recommended that the City Council approve this
vacation.
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3. The City Council held a public hearing on November 23, 1992.
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 this vacation, public interest in the
property will go to the following abutting properties:
Lots 3 - 10, Block 3, Wakefield Manor and Lots 19 through
36, Block 22, Sabin Addition.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above
described vacations for the following reasons:
1. It is in the public interest.
2. The City does not intend to build streets in these locations.
3. A wetland prevents the City from building a street that connects
these right-of-ways.
This vacation is subject to the retention of drainage and utility
easements over the vacated rights-of-way.
Seconded by Councilmember Rossbach Ayes - all
H. AWARD OF BIDS
NONE
I. UNFINISHED BUSINESS
I. Open Space Committee Report
a. Manager McGuire presented. the staff report.
b. Chairman Terry Spawn presented the Open Space Committee report.
c. Mayor Bastian asked if anyone wished to speak before the Council
regarding this matter. The following were heard:
Greg Juenemann, Open Space Committee Member
Joyce Selg, 1650 N. Sterling
Ralph Peterson, 1574 Lakewood Drive
Kathy Juenemann, 721 Mount Vernon
Gerald Zerwas, 1640 Sterling
d. Mayor Bastian moved receipt of the Ooen Space Committee Report.
Seconded by Councilmember rossbach Ayes - all
B 11-23-92
Mayor Bastian called a recess at 9:25 P.M.
Mayor Bastian reconvened the meeting at 9:38 P.M.
2. Request by Cottages of Maplewood for Amendment of Agreement Related to Tax Increment
a. Manager McGuire presented the staff report.
b. Director of Finance Faust 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:
Art Wild, 2464 Flandrau
Howard Rekstad, the applicant
d. Councilmember Zappa moved to deny the request for an amendment.
e. Councilmember Rossbach moved to table this item until December 14. 1992.
Seconded by Councilmember Juker Ayes - all
3. Policy on Filing Conciliation Court Claims for Ambulance Bills
a. Manager McGuire presented the staff report.
b. Director of Finance Faust presented the specifics of the report.
c. Councilmember Zappa moved that since this is an old bill and was billed
under the old nolicv. it should be referred to Conciliation Court for
collection.
Seconded by Councilmember Juker Ayes - Mayor Bastian, Councilmembers
Juker, Zappa
Nays - Councilmembers Carlson, Rossbach
d. Councilmember Juker moved to employ the firm of Banni4an and Kelly on an
experimental basis to collect delinquent ambulance bills.
Seconded by Councilmember Zappa Ayes - Mayor Bastian, Councilmembers
Carlson, Juker, Zappa
Nays - Councilmember Rossbach
J. NEW BUSINESS
1. Ordinance to Increase Sewer Rates (1st Reading)
a. Manager McGuire presented the staff report.
b. Director of Finance Faust presented the specifics of the report.
c. Councilmember Zappa moved to approve the rate increase as recommended by
staff and to have apartment rates be the same as residential.
Motion failed for lack of a second.
9 11-23-92
d. Mayor Bastian moved first readino of an ordinance to increase sewer
rates.
Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers
Carlson, Juker, Rossbach
Nays - Councilmember Zappa
Councilmember Juker moved to extend the meeting to 11:00 P.M.
Seconded by Councilmember Zappa Ayes - Councilmembers Juker, Rossbach,
Zappa
Nays - Mayor Bastian, Councilmember
Carlson
2. Ordinance to Increase Recycling Charge (1st Reading)
a. Manager McGuire presented the staff report.
b. Director of Finance Faust presented the specifics of the report.
Mayor Bastian left the meeting at 10:32 P.M.
Acting Mayor Carlson assumed the duties of Mayor.
c. Councilmember Zappa moved to table this item until February. 1993 when
a Council/Manager meetino on recycling will be heard.
Seconded by Councilmember Juker Ayes - Councilmembers Juker, Rossbach,
Zappa
Nays - Acting Mayor Carlson
3. Toys and Food: Request for Funding from Gambling Fund
a. Manager McGuire presented the staff report.
b. Director of Public Safety Collins presented the specifics of the report.
c. Acting Mayor Carlson moved to donate $4.200 to the Maplewood Tov and
Food Drive.
Seconded by Councilmember Zappa
Motion Withdrawn
d. Councilmember Rossbach moved to donate $4.000 to the Maplewood Tov and
Food Drive.
Seconded by Acting Mayor Carlson Ayes - all (4)
Gladstone Fire Department
e. Councilmember Juker moved to approve the request of the Gladstone Fire
Die artment/No St. Paul Fire Department Fire Safety House for $7.000.
Seconded by Acting Mayor Carlson Ayes - all (4)
Police Cadets Request - X4,090
10 11-23-92
f. Councilmember Zappa moved to table consideration of the request for
funding for the Police Cadets to a later date.
Seconded by Councilmember Juker Ayes - all (4)
Ramsey County Library (Maplewood Branch)
g. Councilmember Rossbach moved to table this request until December 14. 1992.
Seconded by Acting Mayor Carlson Ayes - all (4)
4. Moratorium on Development
a. Manager McGuire presented the staff report.
b. City Attorney Kelly presented the specifics of the report.
c. Acting Mayor Carlson moved to table this item.
Seconded by Councilmember Zappa Ayes - all (4)
5. 1993 SCORE Funding
a. Manager McGuire presented the staff report.
b. Councilmember Zappa introduced the following Resolution and moved its
adootion•
92 - 11 - 160
RESOLUTION REQUESTING SCORE FUNDING
WHEREAS, Ramsey County has allotted 564,238 as Maplewood's portion of
the 1993 recycling SCORE funding.
_ NOW, THEREFORE, be it resolved that the City Council request 564,238 of
SCORE money from Ramsey County for our recycling program.
Seconded by Councilmember Rossbach Ayes - all (4)
K. VISITOR PRESENTATIONS
1. Art Wild, 2464 Flandrau
a. Mr. Wild stated that Cottages of Maplewood West Conditional Use Permit
expires December 1, 1992. He requested he be placed on the December 14,
1992 Meeting Agenda
b. Council stated it does not automatically expire on December 1.
2. Kevin Berglund, 1921 Kingston
a. Mr. Berglund thanked Council for having the Visitor Presentation section
on the Agenda. He stated there was a gas spill in Anoka and asked if
Maplewood is prepared for such an emergency.
11 11-23-92
b. Staff stated Maplewood is prepared.
c. Mr. Berglund questioned the sewer bill increase and stated the Council
should be cautious regarding tax increases.
3. Kathy Juenemann, 721 Mt. Vernon
a. Ms. Juenemann asked that the Council please not take a step backward
when considering recycling charges, and stated the City should move
ahead with recycling.
L. COUNCIL PRESENTATIONS
1. Street Signs
a. Councilmember Juker stated she had received a requested a stop sign at Atlantic
and Frisbee or a sign designating "Slow - Handicapped Person".
b. Councilmember Juker is to tell that person to contact Director of Public
Works Haider. -
2. 6lassel Letter
a. Councilmember Juker stated she had received a letter regarding the work
at Flemings Service Station.
b. Staff is researching this.
M. ADMINISTRATIVE PRESENTATIONS
N. ADJOURNMENT OF MEETING
11:00 P.M.
J ~ ~
Lucille E. Aurelius
City Clerk
12 11-23-92