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HomeMy WebLinkAbout08-26-76MINUTES OF MAPLEWOOD CITY COUNCIL 7:30 P.M., Thursday, August 26, 1976 Council Chambers, Municipal Building Meeting No. 76 -32 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 7:30 P.M. by Mayor Bruton. B. ROLL CALL Robert T. Bruton, Mayor Present Norman G. Anderson, Councilman Present John C. Greavu, Councilman Present Burton A. Murdock, Councilman Present Donald J. Wiegert, Councilman Present C. APPROVAL OF MINUTES 1. Minutes No. 76 -28 (August 3, 1976) Councilman Greavu moved that the Minutes of Meeting No. 76 -28 (August 3, 1976) be approved as submitted. Seconded by Councilman Anderson D. APPROVAL OF AGENDA Ayes - Mayor Bruton, Councilmen Anderson, Greavu and Wiegert. Councilman Murdock abstained as he was absent. Councilman Wiegert moved that the Agenda be approved as amended: 1. 3M Company - Environmental Impact Study 2. Reconsideration of Public Improvements 3. Water Availability Charge 4. Election Judges Seconded by Councilman Murdock. Ayes - all. E. PUBLIC HEARINGS 1. Special Use Permit - Drug Counseling /Treatment Program - 1945 Manton Street 7:30 P.M. a. Mayor Bruton convened the meeting for a public hearing regarding a request from Drug Education For Youth, Inc. for a drug counseling and treatment program. The Clerk read the notice of hearing along with the dates of publication. b. Manager Miller presented the staff report and stated it is recommended that the proposed special use permit be approved subject to the following conditions: 1. The City Council shall review the use at the end of the initial one years operation to determine if continual use is warranted; - 1 8/26 2. Owner and applicant agree to the above in writing. C. Commissioner Prew presented the following Planning Commission recommendation: "Commissioner Sherburne moved that the Planning Commission recommend to the City Council approval of the requested special use permit as it is in conformance with the overall plan of the City. Commission Pellish seconded. Ayes - all." d. Sister Letitia Clas, Director of the Drug Education for Youth, Inc., spoke on behalf of the proposal. e. Mayor Bruton called for proponents. The following were heard: Mr. Marty Larcie, 2091 Orange; Mr. Steve Spocker, Roseville; Mr. Gil Leiter, 1745 Gulden Place. f. Mayor Bruton called for opponents. None were heard. g. Mayor Bruton closed the public hearing. h. Councilman Anderson moved to approve the special use permit for the Drug Counseling Treatment Program to be located at Gladstone School, 1945 Manton St., subject to the conditions given in the staff report. Seconded by Mayor Bruton. Ayes - all. F. AWARDING OF BIDS None. APPROVAL OF ACCOUNTS Councilman Murdock moved that the accounts (Part I - Fees, Services, Expenses - Check No. 019635 through Check No. 019766 - $350,669.14; Check No. 1627 through Check No. 1649 - $43,905.91: Part II - Payroll Check No. 11873 through Check No. 11985 - $38,959.82) in the amount of $433,534.87 be paid as submitted. Seconded by Councilman Greavu. Ayes - all. H. U14FINISHED BUSINESS 1. Traffic Control - Hazelwood Street and County Road D (Reconsideration) a. Manager Miller stated at the Council meeting of August 12, you voted to follow the staff recommendations relative to signing at this intersection. Later the decision was made to reconsider the matter at this meeting. b. Mr. George Supan, 3050 Hazelwood Avenue, spoke regarding the reconsideration. C. Mayor Bruton introduced the following resolution and moved its adoption: 76 -8 -163 RESOLVED that Ramsey County is hereby requested not to place curb and gutter - 2 - 8/26 and paving at the intersection of County Road "D" and Hazelwood prior to September 10, 1976. Seconded by Councilman Anderson. Ayes - all. 2. Public Use Easement - Between Bittersweet Lane and Flandrau Street a. Manager Miller stated at the August 12 meeting you asked the attorney to determine if it was possible to restrict foot and vehicular traffic over a public use easement where the easement has not been improved for such traffic. b. City Attorney Don Lais stated the Council could close the easement and not lose the right to this easement. c. Councilman Murdock moved to direct staff to post the property as not being a public thorouehfare. Seconded by Councilman Anderson. Ayes - all. 3. Sign Review - 1806 North Saint Paul Road (Improted Auto Parts) - Champion Auto Stores a. Manager Miller stated Councilman Anderson asked that the Council consider allowing the usage of a free standing sign on this property due to the allowance of such a sign on abutting property to the south. He presented the history of previous action regarding property to the south. b. Mr. Bob Johnson, Champion Auto Stores, and Mr. Mike Penn, Import Auto, spoke regarding the sign. C. Councilman Anderson moved approval for Champion Auto to use the sign subject_ to the original conditions previously adopted by Council. Seconded by Councilman Greavu. Ayes - all. 4. Building Plan Review - Maplewood State Bank a. Manager Miller stated the applicant has agreed to the Community Design Review Board conditions. Maplewood State Bank has requested an extension to September 1, 1977 (their present permit expires on 9/1/76). Staff recommends one year ex- tension be granted if construction commences on or before Oct. 15, 1976 and such temporary building be removed upon occupancy of the permanent bank building (or one year, whichever comes first). b. Manager Miller presented the following Community Design Review Board and Plan- ning Commission recommendations: "Board Member Parsons moved the Board recommend to the City Council the amended plans submitted by Maplewood State Bank dated July 15, 1976 be found to be in conformance with the previously approved plan and be accepted as submitted with the condition the previously applied conditions will be in full force and effect. Baord Member Howard seconded. Ayes all." "Commissioner Prow moved the Planning Commission recommend to the City Council the amended plans be found in conformance with the previously approved plan and be accepted as submitted and all previously attached conditions shall remain in force. - 3 - 8/26 Commissioner Sherburne Seconded. Commissioner Howard moved an amendment to the motion: Furthermore, there shall be no modification of the building as proposed by the amended plan dated July 1, 1976 without the prior approval of the City Council. It is also recommended that the aforesaid amended plans be submitted to the Community Design Review Board for review and recommendation. Commissioner Barrett seconded. Ayes - 7 Nays - 2 (Commissioners Sherburne & Prew) Voting on the motion as amended: Ayes all." C. Councilman Murdock moved the acceptance of the revised building plans for Maplewood State Bank subject to conditions of the Community Design Review Board and Planning Commission. Seconded by Councilman Greavu. Ayes - all. d. Councilman Murdock moved extension of the temporary bank building permit until September 1. 1977 subiect to their besinnine construction by October 15. or one vear whichever comes first. Seconded by Councilman Greavu. Ayes - all. 5. Cat Control - Ordinance a. Manager Miller stated Councilman Greavu had previously presented the Council with a number of ordinances relating to the control of cats in other communites at a previous meeting. Attached are copies of thos ordinances. The staff feels that enforcement of such ordinances is extremely difficult and cannot recommend the adoption of such regulations. b. Mayor Bruton asked if there was anyone present who wished to be heard regard- ing this matter. None were heard. C. No action taken. 6. Zone Change (F to R -1) - 2691 to 2733 Gem Street - Adoption a. Manager Miller stated final reading and adoption of this zone change is in order and is recommended. b. Councilman Anderson introduced the following ordinance and moved its adoption: ORDINANCE NO. 403 An Ordinance Amending The Maplewood Zoning Code THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That the following described property is hereby rezoned from FR (Farm - Residential) to R -1 (Single Family Dwelling District): Ex W 558 ft and ex E 554 ft the N 220 ft of S 733 of SE 1/4 of SE 1/4; Subj to Kennard St the N 400 ft of S 1243 ft of W 408 ft of SE 1/4 of SE 1/4; Ex W 558 ft and Ex E 554 ft the N 110 ft of S 843 ft of SE 1/4 of SE 1/4; - 4 - 8/26 Subj to Gem St and Ex W 408 ft and Ex N 30 ft of E 100 ft of W 508 ft the N 200 ft of S 1043 ft of part of SE 1/4 of SE 1/4 W of L of SD St; All of the above properties are in Section 3, Township 29, Range 22 Parcel of land located approximately 850 feet north of the center line of County Road C between Kennard and Gem. Section 2. This Ordinance shall take effect upon its passage and publication. Seconded by Councilman Wiegert. Ayes - all. 7. Zone Change (R -1 to R -3) - 2333 Stillwater Road - Adoption a. Manager Miller stated the public hearing on this zone change was held on August 19, at which time the Council requested staff to develop a zone change area which would only permit up to a triplex on the subject site. Attached is a drawing which would accomplish that purpose. First reading occurred at the hearing and included the entire property. The area may be reduced at the time of second reading (adoption). Staff continues to feel that the rezoning is pre- mature and that a reduction in the zoned area will result in development of the property on a piece -meal basis and future problems in the utilization of a large portion of the subject site. b. Mr. Bruce Kaspar, 2333 Stillwater Road, the applicant, spoke regarding his proposal. c. Mr. Tom Baber, 1819 York Avenue, father in law of Mr. Kaspar, also spoke. d. Councilman Anderson introduced the following ordinance and moved its adoption: ORDINANCE NO. 404A AN ORDINANCE AMENDING THE MAPLEWOOD ZONING CODE THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That the following described property is hereby rezoned from R -1 (Single Family Residential) to R -3 (Multiple Family Residential): Lot 6, Auditor's Subdivision No. 77 except the westerly 355' as measured along the northerly property line. Section 2. This ordinance shall take effect upon its passage and publication. Seconded by Mayor Bruton. Ayes - all. 8. Park Purchase a. Manager Miller stated the Council has previously authorized the staff to negotiate the purchase of approximately 9.82 acres of property located east of McKnight Road, south of Holloway Avenue and west of Myrtle Street (previously called the "Tierney Property "). The staff has met with the present owners of 26 of the 27 lots proposed for acquisition. They have agreed to a contract for deed sale over a five year period for $46,500 plus the last half of the 1976 property taxes minus special assessments against the property ($7,058.96). The agreed upon price would amount to approximately $5,000 per acre and would be - 5 - 8/26 slightly under the appraised value of the property. We have yet to contact the owner of lot 1 in regard to his property and hope to do so prior to Thursday night. Under the terms of the contract the City would pay $3,000 down (from the Hillside Neighborhood Park Account) and the balance of $36,441.04 would be paid over a period of five years and include 7% interest on the unpaid balance. It is recommended that the negotiated price be approved. b. Mr. Joe Fox, member of the Park and Recreation Commission, spoke on behalf of purchase of this property. c. Mayor Bruton moved to approve the purchase of the "Tierney Property" for park purposes as recommended in the staff report. Seconded by Councilman Anderson. Ayes - Mayor Bruton, Councilmen Anderson, Murdock and Wiegert. Nays - Councilman Greavu (for the reason that he does not feel the City can afford to purchase the property). Motion carried. I. VISITOR PRESENTATIONS 1. Mr. Richard Anderson, contractor representing the owner of property on Keller Parkway, discussed the water moritorium problem. The house he has designed is 150 feet from the southerly house, but only 60 feet from the northerly house. There is no city water available, but he was informed that the moritorium on water was in effect and he could not get a permit. Mayor Bruton stated it is Council's inclination to allow building on property such as Mr. Anderson described, but rather than to continue to grant exceptions to the Code, Council would allow staff a chance to recommend modifying the moritorium. No action taken. J. NEW BUSINESS 1. Sign Ordinance - Chamber of Commerce a. Manager Miller stated the North St. Paul- Maplewood Chamber of Commerce has been working with the Community Design Review Board relative to the development of a sign control ordinance. The Chamber has submitted a proposed ordinance for your consideration. The Community Design Review Board is still receiving in- formation prior to making its recommendation; and it is therefore recommended that the Chamber be thanked for their efforts and the proposal be referred to the Community Design Review Board for consideration and report. b. Mr. Jack Hardenbrook, Chamber of Commerce President, spoke regarding the sign ordinance. c. A representative of S and T, Inc., spoke regarding their need for a sign to identify their place of business. d. Councilman Wiegert moved to refer the sign proposal to the Community Design Review Board and to encourage the Board to meet and act on the proposal as soon as possible. Seconded by Mayor Bruton. Ayes - all. - 6 - 8/26 e. Council wishes to thank the Chamber of Commerce and all other persons who contributed to the proposed sign ordinance. 2. Lot Division - 1601 and 1605 Demont a. Manager Miller presented the staff report with the recommendation that the the proposed lot division be approved subject to the following conditions: 1. All buildings on Lot C shall maintain a 20 foot setback from the north property line; 2. Applicant will dedicate to the City of Maplewood that area northerly of Lot C for storm water ponding and other public purposes; 3. A sanitary sewer cash connection charge shall be paid for 75 feet at current rate; 4. Owner and applicant agree to the above conditions in writing. b. The owners of the property stated they agreed to the conditions. One of the owners commented on the problem with the lot that has a drainage pond. Staff will investigate. C. Councilman Murdock moved to approve the lot division (the 75 feet of the north end of property at 1601 -1605 Demont) as requested subject to staff con- Seconded by Councilman Greavu. Ayes - all. 3. Property Divisions a. Manager Miller recommended this item be tabled. b. Councilman Murdock moved to table Item J -3. Seconded by Mayor Bruton. Ayes - all. 4. Budget Adjustment - Neighborhood Park Funds a. Manager Miller stated the 1976 Park budget included $400.00 from the Parkside Neighborhood Park Charge account for the removal of overhead power and telephone lines from the newly acquired Maplecrest Park (Ban Con). We have now been in- formed that the actual cost of the project will be approximately $1,000. The Parks and Recreation Commission has con sidered the project and feels that we should go ahead with the project before costs rise higher. The staff joins the Commission in recommending the authorization of a total expenditure of up to $1,000 from the Parkside Nieghborhood Park Account for the removal of overhead power lines from Maplecrest Park. b. Councilman Murdock moved to approve the authorizati of up to $1,000 budget adjustment from the Parkside Nei for the removal of overhead Power lines from Maplecrest Seconded by Councilman Anderson. Ayes - all. K. COUNCIL PRESENTATIONS 1. 3M Co. - Environmental Umpact Statement a. Mayor Bruton stated he has a copy of this and anyone who wishes to see it may. - 7 - 8/26 b. Staff to review the Statement to determine if there is an impact on Maplewood. 2. Reconsideration of Public Improvements a. Councilman Greavu stated Council should reconsider all proposed public improvements to see if we can assess them. b. Councilman Greavu moved to refer to staff to investigate the economic feas- ibility to assess all pending public improvement projects. Seconded by Councilman Anderson. Ayes - all. Councilman Greavu moved to continue the meeting until 12:00 Midnight. Seconded by Councilman Anderson. Ayes - all. 3. Water Availability Charge a. Councilman Murdock stated in his opinion a W A C should not be charged when installing a swimming pool. b. Councilman Murdock moved to place on First Reading an amendment to the ord- inance exempting the W A C for swimming pools. Seconded by Councilman Greavu Motion carried. L. ADMINISTRATIVE PRESENTATIONS 1. Reports a. Personnel Policy - Ayes - Councilmen Anderson, Greavu and Murdock. Nays - Mayor Bruton and Councilman Wiegert. 1. Manager Miller stated Council had previously received a copy of the pro- posed Personnel Rules and Regulations which were prepared by the staff. Adoption of the rules as proposed is recommended. He further recommended that at this time Police Civil Service Employees be deleted from the person- nel policy as they are already under a personnel policy. 2. Council directed staff to delete Police Civil Service employees from the Personnel Policy. 3. Councilman Anderson moved to place in the Personnel Policy that it is mandatory to retire at aQe 65. Seconded by Councilman Greavu. Ayes - all. Councilman Murdock moved to suspend the Rules of Procedures to extend the meeting past the curfew of thirty minutes. Seconded by Councilman Wiegert. Ayes - Mayor Bruton, Councilmen Greavu, Murdock and Wiegert. Nays - Councilman Anderson. Motion carried. - 8 - 8/26 17 C 4. Councilman Murdock moved to delete place of residency on Page 24 from the Personnel Policy. Seconded by Councilman Greavu. Councilman Murdock withdrew his motion. Councilman Greavu withdrew his second. 5. Councilman Anderson introduced the following resolution and moved its adoption: 76-8- 164 RESOLVED, BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that a Personnel Policy setting forth conditions of employment for City employees, as approved by this Council and on file in the office of the City Clerk is hereby adopted and made a part of the City Employment Schedule Chapter 205 of the Maplewood Code, as completely as if fully set forth therein. Seconded by Councilman Wiegert. Ayes - all. Paramedic Donation 1. Manager Miller stated the City has received $368.00 from the Albert Keindel memorial fund for use in the paramedic program. It is recommended that the donation be accepted. 2. Councilman Wiegert moved to accept the donation from the Albert Keindel Memorial fund for use in the paramedic program and that a letter of apprec- iation be forwarded. Seconded by Councilman Murdock. Ayes - all. Election Judges - 1. Manager Miller submitted a list of Election Judges to be used at the Primary Election of September 14, 1976 for approval. 2. Councilman Wiegert introduced the following resolution and moved its adoption: 76 -8 -165 RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for the 1976 Primary Election, September 14, 1976: Precinct No. 1 Eleanor Mathews Delores Burke Della Conway Mike Wasiluk Lorraine Schneider Precinct No. 7 Margaret Wolszon Betty Haas Sue Buelow Barbara Leiter Myrtle Malm - 9 - 8/26 Precinct No. 2 Pat Thompson Bea Hendricks Kathleen Dittel Vernus Benson Amelia Lien Precinct No. 3 Jeanne Schadt Mary Kansier Evelyn Axdahl Carole Houska Karen Walton Precinct No. 4 Caroline Warner Carol Nelson Marjorey Tooley Ruth Bielke Joyce Lipinski Precinct No. 5 Jeanne Hafner Sibbie Sandquist Emma Klebe Doris Broady Julie Davis Precinct No. 6 Marcella Molohon Kathy Zappa Karen Burton Dorothy Kuehn Lorraine Dehler Seconded by Councilman Murdock M. ADJOURNMENT 12:23 A.M. Precinct No. 8 Jean Myers Lorraine Fischer Audrey Ellis Edith Stottlemyer Rita Frederickson Precinct No Ida Szcepanski Mary D. Johnson June Munkholm Judith Panuska Delores Mallet Precinct No. 10 Ann Fosburg Muriel Carlson Pat Lindner Mary Lou Lieder Gertrude Gatzke Precinct No. 11 Delores Lofgren Maxine Olson Mildred Iversen Sara Oleson Dorothy Arbore Precinct No. 12 Mary Libhardt Audrey Duellman Sylvia Brown DeLoris Fastner Ayes - all. Cit3d Clerk - 10 - 8/26