HomeMy WebLinkAbout11.19.81 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Thursday, November 19, 1981
Council Chambers, Municipal Building
Meeting No. 81-29
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 Greavu.
B. ROLL CALL
- John C. Greavu, Mayor Present
Norman G. Anderson, Councilman Present
Gary W. Bastian, Councilman Present
Frances L. Juker, Councilperson Present
Earl L. Nelson, Councilman Present
C. APPROVAL OF MINUTES
1. Minutes of Meeting No. 81-16 (July 30, 1981)
Councilman Anderson moved that the Minutes of Meeting No. 81-16 (July 30, 1981)
be approved as submitted.
Seconded by Councilman Nelson. Ayes - a11.
2. Minutes of Meeting No. 81-18 (August 6, 1981)
Councilman Nelson moved that the Minutes of Meeting No.81-17 (August 16, 1981)
be approved as corrected:
Page 5 - Item F 3-g "Councilman Anderson"
Seconded by Councilman Anderson. Ayes - all.
D. APPROVAL OF AGENDA
- Mayor Greavu moved to approve the Agenda as amended:
1. Codification
2. Employee Directory
3. Recycling
4. Staff Evaluation
5. Dec. 3 Meeting
Seconded by Councilperson Juker. Ayes - a11.
E. CONSENT AGENDA
Mayor Greavu moved, seconded by Councilperson.Juker, Ayes all, to approve the Consent
Agenda Items 1 through 11 as recommended:
1. Accounts Payable
Approved the accounts(Part I - Fees, Expenses, Services, Check No. 006486 through
Check No. 006513 - $47,158.57: Check No. 011618 through Check Noo 011831 - $478,664.45:
Part II - Payroll Check No. 03236 through Check No. 03357 - $51,370.24) in the
amount of $577,193.26.
2. Time Extension: Lake Ridge Park
Approved a 90 day time extension for the Lake Ridge Park Preliminary Plat subject
to original conditions.
3.~ Time Extension: Maple Park Shores
Approved a 90 day time extension for the Maple Park Shores Preliminary Plat subject
to the original conditions.
4. Vacation of Century Avenue
Resolution No. 81-11- 220
WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 412.351,
thereof, the Maplewood City Council, upon petitionof a majority of the owners
of the land abutting the street proposed tobe vacated, and after a public hearing
preceded by two (2) weeks published and posted notice, proposes the vacation of
the following described: that part of Century Avenue lying south of a line 1175
feet north .and parallel to the south line of Section 36, Township 29, Range 22
and lying north of the easterly extension of the south line of Lot 1, Block 8,
Tanner's Lake Out lots, Section 36, Township 29, Range 22 to wit:
_ PROPERTY AFFECTED BY THE STREET VACATION
Lot 1, Block 8, Tanner'sLake Outlots
Lot 1 and 16, Block 5, Tanners Lake Outlots
WHEREAS, the Maplewood City Council finds that the vacation of the above described
- street is in the interest of the public due to changing land uses and obsolete
platting;
NOW, THEREFORE, BE IT RESOLVED, by the City Council, Ramsey County, Minnesota,
that the above described street be and hereby is vacated and the City Clerk is
hereby directed to prepare a notice of completion of the proceedings pursuant to
the provisions of Minnesota Statutes, Section 412.851 thereof, and shall cause.
- the same to be presented to the County Auditor for entry upon his transfer records
and the same shall be thereafter filed with the Ramsey County Recorder, subject
to:
1. Rentention of a utility easement along the entire right-of-way to serve
NSP's transmission lines, described as follows:
A 75 foot wide strip of land being 37.5 feet on each side of the following
described centerline, excluding any land not contained within said right-
- of-way to be vacated:
Commencing at the Southeast corner of Section 36, Township 29, Range
22,thence north along the East line of said Section 36a distance
of 330 feet, thence at a 90 degree-angle to the left for a distance
of 46.8 feet, the actual point of beginning; thence Northerly for
a distance of 367.1 feet to a point being 54.4 feet west of the
East line of said Section 36; thence continue Northerly for a distance
- 2 - 11/19
of 477.9 feet to a point being 46.J feet Westof the East line
of said Section 36, and there terminating.
2. For purposes of a permanent storm sewer easement, retention of that
part of Century Avenue right-of-way lying north of a line 30 feet north
- of'and"parallelto the easterly extension of the north line of Lot 1,
Block 8; Tanner's Lake Outlots and south of the easterly extension
of the south line of Lot 16, Block 5, Tanner's Lake Outlots, Section
36, Township 29, Range 22
3. This instrument shall not become effective until the day of simultaneous
closings to the same buyer of (a) the North one-half (N z) of Lots
One (1) and Two (2), Block Eight (8) Tanners Lake Out lots, together
with the south one half (s z) of .adjacent McLean Avenue, and (b) that
part of lots fifteen (15) and sixteen(16), Block Five (5), Tanners
Lake Outlots, together with the north one half (N z) of adjacent McLean
Avenue; all said property lying easterly of the Minnesota State Trunk
Highway 120 right-of-way.
4. Conditions must be satisfied by February 5, 1982 or conditional approval
is null and void.
5. Beam Avenue - Final Payment
Resolution No. 81-11-221
WHEREAS, pursuant to an amended written contract approved by the City on Feb-
ruary 26, 1981, C.W. Houle, Inc. of St. Paul, Minnesota has .satisfactorily completed
Maplewood Improvement Project 78-24 in accordance with said contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF MAPLEWOOD, MINNESOTA that the work
completed under said contract is hereby accepted and approved; and
BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to
issue a proper order for the final payment on such contract, taking the contractor's
receipt in full.
6. Minnesota Department of Transportation Resolution
Resolution No. 81-11-222
WHEREAS;.the Commissioner of the Department of Transportation has prepared
a preliminary layout for the improvement of a part of Trunk Highway Number 1 re-
numbered as Trunk Highway No. 61 within the corporate limits of the City of Maplewood,
from Gervais Avenue to County Road "C"; and seeks the approval thereof; and
WHEREAS, said preliminary layouts are on file in the Office of the Department
of Transportation, Saint Paul, Minnesota, being marked, labeled, and identified
as Layout No. 1 S.P. 6222-92 (61-1) from Gervais Avenue to County Road "C";
NOW, THEN, BE ITRESO~,VED;that said preliminary layouts for the improvement of
said Trunk Highway withih the corporate limits be and hereby are approved..
7. Change of Name - Liquor License - Brothers
Approved the name change from Kenneth Hrdlica to Seffrey Burnstein as holder of the
Brothers On Sale Intoxicating Liquor License.
- 3 - 11/19
8. 1982On Sale Liquor License Renewal
Resolution No. 81-11-223
RESOLVED, by the City Council of the City of Maplewood, Ramsey County, Minnesota,
that the following On-Sale Liquor Licenses having been previously duly issued by this
Council, are hereby approved for renewal for one year, effective January 1, 1982,
with approvals granted herein subject to satisfactory results of required Police,
Fire and. Health inspections:
Bali Hai Restuarant, Inc. Brothers Deli
2305 White Bear Avenue 3035 White Bear Avenue
Chicone's Bar & Cafe, Inc. Dean's Inc.
2289 Minnehaha Avenue 1986 Rice Street
Fox & Hounds Gulden's Inc.
1734 Adolphus 2299 Maplewood Drive
Holdiay Inn of Maplewood The Red Rooster
1780 County Road D 2029 Woodlyn Avenue
Garrity's Maple Wheel Lounge
1696 White Bear Avenue 2220 White Bear Avenue
Maplewood Bowl, Inc. The Chalet
1955 English Street 1820 Rice Street
- Northernaire Motel, Inc-. Payne Avenue Lodge.#963 (Club)
2441 Highway #61 Loyal Order of Moose
1946 English Street
9. 1982 Off Sale Liquor License Renewals
Resolution No. 81-11-224
RESOLVED, by the City Councilof the City of Maplewood, Ramsey County, Minnesota,
that the following Off Sa1eLiquor Licenses having been previously duly issued by
this -0ouncil, are hereby approved for renewal for one year, effective January 1, 1982,
with approvals granted herein subjectto satisfactory results of required Police,
Fire and Health inspections:
Bode11's Spirit Corner Little Red Wagon, Inc.
1690 White Bear Avenue 2290 Maplewood Drive
C & G Maplewood Liquors Maplewood Wine Cellar
1347 Frost Avenue 1281 Frost Avenue
i
Delta Liquors Party Time Liquors
3000 White Bear Avenue 1740 VanDyke Avenue
J & R Liquors Sarrack's International Wines & Spirits
2730 Stillwater Road 2305 Stillwater Road
Laber Liquors North Country Vineyard& Spirits
1730 Rice Street 1870 Beam Avenue
- 4 - 11/19
10. Hi11 Murray Temporary Gambling Permit
Approved a temporary gambling permit for the Hi11 Murray High School Father's Club,
2625 E. Larpenteur Avenue, for November 21, 1981.
11. Certification of Weed Cutting Bi11s
Resolution No. 81-11-225
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
safdlist made a part herein for certification against the tax levy of said property
owners for the year 1981, collectible in 1982 and which listing includes interest
at the rate of eleven (11%) percent on the total amount for the year.
57 54800 110 00 $41.08
57 48960 020 OS 28.86
57 63300 150 01 31.08
57 29600 390 00 31.08
57 62750 020 Ol 38.86
F. PUBLIC HEARINGS
1. The Hideaway Bar Liquor License 7:00 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Mr. Keith Richards for an On Sale Intoxicating Liquor License at 70 E. County
Road B (Presently known as The Hideaway). The Clerk stated the hearing notice
was in order and noted the dates of publication.
b. Manager Evans presented the staff report.
c. Mr. Keith Richards, the applicant, spoke on behalf of the request.
d. Mayor Greavu called for proponents. None were heard.
e. Mayor Greavu called for opponents. None were heard.
f. Mayor Greavu closed the public hearing.
g. Mayor Greavu introduced the following resolution and moved its adoption:
81 - 11 - 226
NOTICE IS HEREBY GIVEN, that pursuant to action by the City Council of the
City of Maplewood on November 19, 1981, an On Sale Intoxicating Liquor License
was approved for Keith Ryan Richards, dba The Hide-a-way, 70 E. County Road
B, Maplewood, Minnesota.
- The Council proceeded in this matter as outlined under the provisions of
the City Ordinances.
Seconded by Councilperson Juker. Ayes - a11.
- 5 - 11/19
G. AWARD OF BIDS
None.
H, UNFINISHED BUSINESS
1. Hazelwood Street Upgrading
a. Manager Evans presented the staff report.
b. No action taken.
2. Subdivision Ordinance Revision - 1st Reading
a. Manager Evans presented the staff report.
b. Councilman Anderson moved first reading of an ordinance revising the present
subdivision ordinance.
Seconded by Councilperson Juker. Ayes - a11.
F. PUBLIC HEARINGS (continued)
2. Rezoning:. White Sear and 11th Avenues - Maplewood Dental Specialists 7:15 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Maplewood Dental Specialists for a zone change from F - Farm Residence to
LBC - Limited Business Commercial for property located on the north east corner
of White Bear Avenue and 11th Avenue. The Clerk stated the hearing notice was
in order and. noted the dates of publication.
b. Manager Evans presented the staff report.
c. Commissioner Fischer presented the following Planning Commission recommendation:
"Commissioner Prew moved the Planning Commission recommend to the City Council
approval to the rezoning resolution, to rezone the property on the northeast
corner of 11th and White Bear Avenues from F, Farm Residence to LBC, Limited
Business Commercial, on the basis that:
1. The proposal is consistent with the Land Use Plan.
2. The proposed use is compatible with the existing development in the area.
The Commission also recommends approval of the development of the proposed dental
office building on the basis that the structure is a professional office-type
structure intended for a LBC, Limited Business Commercial zoning district.
Commissioner Pellish seconded. Ayes a11."
d. Dr. Jensen, one of the applicants, spoke on behalf of the request.
e. Mayor Greavu called for proponents. None were heard.
f. Mayor Greavu called for opponents. The following were heard:
Mrs. Raymond Fernow, 2500 White Bear Avenue;
- 6 - 11/19
Mrs. Louis Kamrath, 2499 Ariel Street.
g. Mayor Greavu closed the public hearing.
h. Mayor Greavu introduced the following resolution and moved its adoption:
81 - 11 - 227
WHEREAS, a petition was filed with the Director of Community Development
as provided under Section 915.010 of the Municipal Code of the City of Maplewood,
said petition having been signed by more than 50% of the owners of property
within 200 feet of the property described as follows:
North 180 feet of the South 345 feet, of that part of the
Northwest quarter of the Southeast quarter of the Northwest
quarter of Sectionll, Township 29, Range 22,lying easterly of
White Bear Avenue
which has been proposed for rezoning from F, Farm Residence to LBC, Limited
Business Commercial; and
WHEREAS, a public hearing was held on November 19, 1981 at 7:15 P.M. in
the City Hall, notice-thereof having been published in the official City news-
paper, and notices of said hearing having been mailed to all property owners
of record within 350 feet of the area proposed for rezoning; and
WHEREAS, all objections and recommendationsrelative thereto were heard
by the City Council;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
that the petition for the above described rezoning be granted, on the basis
that:
1. The proposal is consistent with the Land Use Plan:
i
2. The proposed use is compatible with existing development in the area.
Seconded by Councilman Nelson. Ayes - all. i,
i. Mayor Greavu moved to request the Community Design Review Board to investigate
some type of screening for the north property for this proposal.
Seconded by Councilman Nelson. Ayes - a11.
3. Code Amendment: Minimum Floor Areas (continued hearing) 7:30 P.M.
a. Mayor Greavu reconvened the meeting for a public hearing regarding revision
of the ordinance pertaining to minimum floor area for detached single family
dwellings. The Clerk stated the hearing notice was found to be in order and
noted the dates of publication. ~I
b. Manager Evans presented the staff report.
c. Mayor Greavu called for proponents. None were heard.
d. Mayor Greavu called for opponents. None were heard.
e. Mayor Greavu closed the public hearing.
- 7 - 11/19
f. Councilman Nelson moved first reading of an ordinance to establish minimum
floor areas as presented in the staff report.
Motion died for lack of a second.
g. Councilman Anderson moved first reading of an ordinance establishing 950
square feet as a minimum floor area for theone story detached single family
dwelling.
Seconded by Councilman Bastian. Ayes - Mayor Greavu, Councilperson Juker,
Councilmen Anderson and Bastian.
Nays - Councilman Nelson.
h. Councilman Anderson moved to tablethe balance of the recommended ordinance
amendment until the second meeting of January, 1982.
Seconded by Councilperson Juker. Ayes - all.
H. UNFINISHED BUSINESS (continued) -
3. Lodging Ordinance - Second Reading
a. Manager Evans presented the staff report.
b. Councilman Bastian introduced the following ordinance and moved its adoption:
ORDINANCE N0. 506
AN ORDINANCE ESTABLISHING REGULATIONS
AND LICENSING PROVISIONS RELATING
TO LODGING ESTABLISHMENTS
THE COUNCIL OF THE CITY OF MAPLEWOOD HEREBY ORDAINSAS FOLLOWS:
825.010. MINNESOTA DEPARTMENT OF HEALTH RULES ADOPTED BY LAW: Subject
to any specific modifications hereinafter set forth, the municipality hereby
adopts by reference Minnesota State Board of Health Rules 7-MCAR 1.151 - 1.160
effective July 1, 1981 ascontained by law in the document entitled "Requirements
for Lodging Establishments", and all subsequent amendments thereto. One copy
of such regulations shall be filedand available for inspection in the Office
of the City Clerk and the Department of Community Development. 7-MCAR 1.151
- 1.160 is hereby modified by deleting the term "Board" and substituting therefore
the term "Environmental Health Official".
825.020. LICENSE REQUIRED. It shall be unlawful for any person to operate
a lodging establishment unless the City of Maplewood has issued a valid license
therefore which is in full force and effect. Such license shall be on display
in the immediate vicinity of the customer registration area and conveniently
accessible upon demand.
825.030. APPLICATION FOR LICENSE. Application for license hereunder shall
be submitted to the Office of Community Development in such form and manner
as the City may prescribe.
825.040. INSPECTION. The Environmental Health Official shall inspect every
lodging establishment as frequently as deemed necessary to insure compliance
with this ordinance.
- 8 - 11/19
825.050. LICENSE EXPIRATION'AND RENEWAL. Licensesissued under this ordinance
shall expire on the last day of December eachyear. License renewal application
shall befiled with the Office of Community Development prior to the expiration
date each year. Failure to comply with the requirements of this ordinance may
result in revocation or non-renewal of license. Written notification shall
be made to the applicant or license of any lodging establishment whose license
has been denied or revoked. The applicant or licensee-shall have ten days from
the date of this notification to appeal this decision to the City Council.
825.060. LICENSING REGULATIONS AND FEES. The annual license fee for a
Lodging establishment shall be set by resolution.
825.070. PENALTY. Any person, firm, or corporation convicted of violating
the provisions of this ordinance will be guilty of a misdemeanor.
This ordinance shalltake effect upon passage and publication according.
to law.
Seconded by Councilperson Juker. Ayes - a11.
I. VISITOR PRESENTATIONS
1. Mr. Ray Brenner
a. Mr. Ray Brenner, representing the Valley Branch Water Shed, questioned
Council's refusal to pay the charge for the water shed assessment.
b. Following further discussion, Councilman Bastian moved to approve the payment
of $268.37 to the Valley View Water Shed District.
Seconded by Councilman Nelson. Ayes - Councilmen Bastian and Nelson.
Nays - Mayor Greavu, Councilperson Juker and
Councilman Anderson.
Motion defeated.
J. NEW BUSINESS
1. Resolution on School Closings
a. Council had requested a resolution be prepared voicing their opposition
to the closing of any City of Maplewoodschools.
b. Mrs. Marilyn Vars, member of the School Closing Committee, presented a letter
from School Board Member Wm. Shieffied explaining the school boards criteria
for closing schools. He also requested Council review the criteria and inform
him of their opinions and concerns.
c. The following residents expressed their opinions regarding school closings:
Mr. Don Houghton, 1825Lakewood - opposes
Mr. Mike Wasiluk, 1740 Frank Street - opposes
Mr. Larry Gilbertson, 2900 Mary Lane - opposes
Mrs. Lillian Johnson, 1935 E. Larpenteur Avenue, a member of the committee on
school closings - in favor.
Councilman Anderson moved to waive Rules of Proceduresto discuss K-5 at this
time.
Seconded by Councilman Bastian. Ayes - a11.
- 9 - 11/19
K. COUNCIL PRESENTATIONS
- 5. December 3, 1981 Meeting -
a. Councilman Anderson stated that School District 622 Board is meeting December
3, 1981 to hold a public hearing regarding the closing of Harmony Elementary
School and that this is the same time as the Council meeting.
b. Councilman Bastian moved to establish one Council meeting for the month
of December and that the meetingbe scheduled for December 17, 1981.
Seconded by Councilperson Juker. Ayes - a11.
c. Councilman Bastian moved to instruct staff to contact the School Board and
see fff they can meet with the Council at 8:00 a.m., Friday, November 27, 1981
or at 7:00 p.m. Monday, November 30, 1981.
Seconded by Councilman Anderson. Ayes - a11.
J. NEW BUSINESS (continued)
11. Resolution on School Closings (continued)
a. Council directed the City Attorney to investigate the possibility of establish-
- ing a local school district.
2. Resolution on Property Tax Withholding - Pending Appeals
a. Councilman Bastian introduced the following resolution and moved its adoption:
81 - 11 - 228
BE IT RESOLVED by the Council of the City of Maplewood, Ramsey County, Minnesota,
as follows:
WHEREAS, the real estate tax appeal by 3M has resulted in a substantial
deficit in real estate tax revenues for the City of Maplewood; and
WHEREAS, the current appeal statute permits the withholding payment of 50%
on the second-half of taxes due when an appeal is filed, thus, resulting in
the shortfall on budgeted amounts;
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
- That the Legislature amend the Appeal Statute so as to provide that the
entire second-half taxes must be paid pending the outcome of such an appeal.
BE IT FURTHER RESOLVED that this Resolution be sent to the Ramsey County
Board and to the Legislators representing portions of the City of Maplewood.
Seconded by Playor Greavu. Ayes - a11.
3. Highwood and McKnight Parking.
a. Councilman Bastian introduced the following resolution and moved its adoption:
- 10 - 11/19
al - 11 - zz9
WHEREAS, this Council deems it necessary, expedient, and proper to protect
the safety and welfare of the citizens of Maplewood;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
as follows: thatthis Council requests the Ramsey County Traffic Engineer to
prohibit parking along the east side of McKnight Road for a distance of 500
feet south of Highwood Avenue.
Seconded by Councilman Anderson. Ayes - all.
4. Approval to Construct a House - Arcade Street - Piletich
a. Manager Evans presented the staff report with the recommendation of denial
of the construction of any-new homes on this parcel until a paved public street
is constructed.
b. Mr. Voya Piletich, the applicant, spoke on behalf of his request.
c. Mr. Gordon Grant, 2134 Arcade Street, area resident, expressed his concerns
regarding the construction of this dwelling.
d. Mrs. Vera Piletich, wife of the applicant, spoke on behalf of the proposal.
e. Councilman Anderson moved topermit Mr. Voya Piletich to construct a single
family dwelling between 2128 and 2130 Arcade Street subject to the following
conditions:
1. A deed restriction is recorded stating that no lot divisions shall be allowed
without construction of a paved street meeting standards set forth by City
standards;
2. A paved twenty foot wide driveway must be constructed to the easterly homes.
A letter of credit be posted to insure that this condition is metbythe
time the house is completed.
Seconded by Councilman Bastian. Ayes - Mayor Greavu, Councilmen Anderson,
Bastian and Nelson.
Nays - Councilperson Juker.
5. Ordinance on Sewer Rates - 1st Reading
a. Manager Evans presented the staff report.
b. Councilman Anderson moved first reading of an ordinance raising the sewer
rates.
Seconded by Mayor Greavu. Ayes - all.
6. Revision to Towing Ordinance - First Reading
a. Manager Evans presented the staff report.
b. Mayor Greavu moved first reading of an ordinance amending Chapter 406.120
relating to "sale bf vehicles" as recommended.
Seconded by Councilman Bastian. Ayes - all.
- 11 - 11/19
c. Discussion was held as to reducing the limit of proceeds in excess of $1,000.
$500.00 was suggested.
7. Report on Public Water - Beam Avenue - West of MaplewoodDrive
a. Manager Evans presented the staff report.
b. -Councilman Bastian moved to proceed with a feasibility study for Beam Avenue
Water with one half of the cost to be paid by the developer.
Seconded by Councilperson Juker.
- Councilman Bastian withdrew his motion.
c. Councilman Anderson moved table this matter.
Seconded by Councilman Nelson. Ayes - all.
K. COUNCIL PRESENTATIONS (continued)
1. Codification
a. Council requested that a copy of the codification be given to each Council
Member.
2. Directory of Employees
a. Council requested an update of the Employee Directory
3. Recycling
a. Councilperson Juker stated that at the Minnesota Pollution Control Agency
meeting it was discussed that residents of the southern portion of Maplewood
would like to have a recycling center in their area.
b. No action taken.
4. Staff Evaluations
a. Councilman Anderson stated he would like the Council-Managers meetings re-
sumed.
M. ADJOURNMENT
11:45 P.M.
City Clerk
- 12 - 11/19