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;
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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
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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.
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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;
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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
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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.
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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.
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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.
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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
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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
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