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HomeMy WebLinkAbout02.04.82 ' MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Thursday, February 4, 1982 Council Chambers, MunicipalBuilding Meeting No. 82-3 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 7:02 P..M. by Mayor Greavu. B. ROLL CALL John C.. Greavu, Mayor _ Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present MaryLee Maida, Councilmember Present C. APPROVAL OF MINUTES 1. Meeting No. 82-2 (January 21, 1982) Councilmember Juker moved that the Minutes of Meeting No. 82-2 (January 21, 1982) be approved as submitted. Seconded by Councilperson Anderson. Ayes - a11. D. APPROVAL OF AGENDA Mayor Greavu moved that the A e~nda be approved as amended: 1. Bullet Ordinance 2. Quad-Ordinance 3. Residential Estate - South End 4. Cable TV 5. 25th Anniversary 6. Employee Relations 7. Industrial Revenue Bonds 8. Dispatcher Seconded by Councilmember Juker. Ayes - a11. E. CONSENT AGENDA Councilmember Anderson moved, seconded by Councilmember Juker, Ayes - a11, that the Consent Agenda, Items 1 through 4, be approved as recommended. 1. Accounts Payable Approved the accounts (Part I - Fees, Services, Expenses - Check No. 006750 through Check No. 006809 - $74,947.61; Check No. 012359 through Gheck No. 012489 - $170,349.47: Part II - Payroll Check No. 02753 through Check No. 02879 - $54,851.29) in the amount of $300,148.37. 2. Keller Parkway Bridge - 1 - 2/4 ' Resolution No. 82-2-18 WHEREAS, plans for Project No. S.P. 62-622-02 showing proposed alignment, profiles; grades and cross-sectionsfor the construction, reconstruction or improvementof County State-Aid Highway No. 22 within the limits of the City as a (Federal) (State) Aid Project have been prepared and presented to the City. NOW, THEREFORE, BE IT RESSLVED; That said plansbe in all things .approved. ResolutionNo. 82-2-19 WHEREAS, plans for Project No. S. A.P. 62-622-03 showing proposed alignment, pro- files, grades and cross-sectionsf or theconstruction, reconstruction or improvement of -0ounty State-Aid Highway No. 22 within the limits of the City as a (Federal) (State) Aid Project havebeen prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED: That said plans be in all things approved. 3: English Street: Street and Utility Improvements - Accepted the feasibility report and postponed ordering a public hearing until a pre- - liminaryplat is receivedfrom the developers. - 4. Budget Transfer: Police Approved the budget transfer in theamountof $3,720.00 from Police 1982 budget account 101-402-4210 to account 101-402-4610 to purchase a police vehicle. -C. AWARD OF BIAS None. H. UNFINISHED BUSINESS 1. Nature Center Ordinance - Second Reading a. Councilmember Bastian introduced the following ordinance and moved its adoption: ORDINANCE N0. 511 AN ORDINANCE RELATING TO THE MAPLEWOOD NATURE CENTER: PRESCRIBING RULES FOR CONDUCT THEREIN THE CITY OF MAPLEWOOD DOES ORDAIN: Section 1. Definitions. Subd. 1 For the purposes of this Ordinance-, the terms defined in this Section have the meanings given them. Subd. 2- "Grounds" means all Maplewood Nature Center property including the park- ing lot, wetland area, the picnic area, the interpretive building, and the area en- closed within the fences. Subd. 3 "Center" means Maplewood Nature Center of the City of Maplewood. Subd. 4 "Director" means Director of Community Services of the City of Maplewood, or a duly authorized representative. - 2 - 2/4 Subd. 5 "Vehicle" means any motorized, self-propelled, propelled, animal drawn, human powered transportation. Section 2. Hours. The Center shall be open to the public during the period to time designated by the City Council of Maplewoodby resolution. Exceptions may be made at the discretion of the Director in the case of an emergency or when special permits have been authorized if employees, law enforcement officers or other persons authorized by the City of Maplewood are engaged in the discharge of their assigned duty. Section 3. Protection of Natural Resources and Wildlife. Without the permission of the Director,it shall be unlawful for any person to: 1. Injure, cut, destroy, remove, plant or cultivate any living organism that cannotmove voluntarily and has the ability to synthesize food from carbon dioxide. 2. Kill, trap, hunt, pursue or in any mannerdisturb orcause to be disturbed any species of wildling within the .grounds. 3. Propel by anymeans or projectile, into, or onto .the grounds beyond the grounds' boundary. 4. A11ow any tamed or domesticated animal onto the Center grounds except for the properly leashed or harnessed guide dog accompanied by its blind master. 5. Release within or without the grounds, any plant, animal, chemical or other agent potentially harmful to vegetation or wildlife on the grounds. 6. Remove any animal, living or dead, any living or dead organism from the grounds. Section 4. Athletic Events. -It shall be unlawful for any person to participate or play in any athletic events, contestsor games within thegrounds. Section 5. Swimming. It shall be unlawful for any person to ride or swim within the grounds except as authorized by the Director. - Section 6. Fishing or Hunting. It shall be unlawful for any person to take any fish, frog, turtle or other reptileor other amphibfanfrom the grounds except as authorizedby the Director. Section 7. Winter Activities. No person shall snowmobile, skate, toboggan, or sled on the grounds. Section 8. Transportation Prohibition. It shall be unlawful for any person to: 1. Operate any vehicle within the grounds, except upon designated roads or parking areas. 2. Operate a vehicle at a speed in excess of posted speed limits in the designated parking areas. 3. Park or leave a vehicle standing within the designated parking area beyond the open times of the Center. - 3 - 2J4 - 4. Operate a vehicle which emits excessive or unusual noise, noxious fumes, vents smoke or other polluting matter. - - 5. Operate a vehicle in a-reckless or careless manner within the designated parking area. 6. Wash, polish,_grease, change-oil or repair any vehicleon the grounds. 7. No person shall operate a non-licensed vehicle on the grounds.- . 8. No person shall ride or. operate a bicycle in that area of the-Center property that is enclosed within. the Fence. 9. No person shall operate any watercraft on thegrounds except as authorized by the Director. Section 9. Equestrian. No person shall ride or drive a horse in that area of the Center grounds that is enclosed within the fence. Section 10. Camping. No person shall establish or maintain any camp or other permanent or temporary lodging or sleeping place on the Center grounds. Section 11. Penalties for Violations. 1. Any personviolating any of the provisions of this ordinance shall be adjudged guilty of misdemeanor. 2. Any person. violating any of the provisions of this ordinance may be expelled, ejected or ousted at such time from the grounds at the discretion of a law enforcement official, the Director or their representatives. Section 12. Separability. The provisions of this ordinance shall be separable and the invalidity of any section,paragraph, sub-paragraph,subdivision or other part thereof shall not. make void, impair, invalidate or affect the remainder thereof. Section 13. This ordinance shall take effect, and be in force, after its passage and publication. Seconded by Councilmember Anderson. Ayes - a1L 2. P A C Commercial and Industrial a. Mayor Greavu introduced the following resolution and moved its adoption: 82 - 2 - 20 WHEREAS, it is theintent of thisordinance to assure the citizens of the City of Maplewood that additional open space for parks, playgrounds and recreational facilities will be the responsibility of every sort of new development in-the City, not just residential development, so that the City's present vast amount - of privately ownedopen spaces with potential for development are partially available for orderly park recreational and open space development; and to insure that in fact such facilities will be provided, and to preserve, enhance and improve the quality of the physical environment of the City of Maplewood for commercial and industrialuses or a combination thereof regardless of whether such developments or subdivisions are within the context of the City Subdivision Ordinances; and - 4 - 2/4 WHEREAS, the developer of-any tract of land inthe-City of Maplewood for commercial, industrial, or like uses shall dedicate to the public for .public use as parks, playgrounds, or public open space, such portion ofhis development tract; and WHEREAS, the dedication fee has been 32% since the inception of the ordinance of July 1976; therefore, Effectibe-January 7, 1982, developers of commercial, industrial, or like uses, shall be required to dedicate 5% of the market value of the subject land at the time of the application. Dedication shall not exceed $12,000 per acre. Seconded by Councilmember Anderson. Ayes - all. F. PUBLIC HEARINGS L. Preliminary Plat - Gervais Overlook - 7:00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the request of Richard Anderson for approval of the Gervais Overlook preliminary plat for twenty detached single dwelling homes. The Clerk stated the hearing notice was in order-and noted the dates of publication. - b. Manager Evans presented the staff report. c. Commissioner Dave Whitcomb presented the following Planning Commission recom- mendation: "Commissioner Kishel moved the Planning Commission recommend approval of the - preliminary plat for Gervais Overlook subject to: 1. Remedial soils measures, based upon soil boring data and analysis, shall be submitted to the City Building Official for approval. Thesemeasures must provide that the lots proposed-in areaswith unstable soils can meet _ building code requirements. 2. Councilorder a feasibilitystudy for the extension ofsanitary sewer to the. applicant's property. .The-applicant shall pay for this study. Council awarding a construction contract for theextension of sanitary sewer to the site. 3. Final grading, drainage, and utility plans shall be approved by the Director of Public Works. These plans shall include, but not be Limited to, the pro- vision for all drainage to be directed to the interior of the plat. 4. The City of Little Canada ordering the extension of water to the site. 5. A signed developer's agreement, with the required surety, is submitted to the Director of Public Works for public improvements, including a temporary cul-de-sac for proposed Beam Avenue. 6. Dedication of 30 foot wide .storm sewer easements, centered on the following lot lines: - - a. the north line of lot fourteen b. the south line of lot eight, and c. the northeast line of lot six. - 5 - 2/4 ~ 7. Submission of an erosion control plan, before building permits areissued, which considers the recommendations of the Soil Conservation Service. 8. Payment of deferred water assessments. 9. The name "Block 2" is to be placed on the lots located south of proposed Beam Avenue. 10. Correction of the map scale reference. 1:200 is not correct. Commissioner Hejny seconded. Ayes - Commissioners Axdahl, Barrett, E1lefson, Fischer, Hejny, Howard, Kishal, Pellish,Prew, Sletten, Whitcomb." d. Councilmember Bastian moved to table this itemuntil after J New Business on the agenda due to the fact the applicant is not in attendance at the meetin . Seconded by Councilmember Anderson. Ayes - a11. 3. Code Amendment: Plan ReviewAuGhority - Second Reading a, Manager Evans presented the staff report. b. Council requested that the Community Design Review Board review andre-evalutate their functions and submit a report regarding same with their next annual report. c. Councilmember Bastian introduced the followingordinanceand moved its adoption: ORDINANCE N0.-512 AN ORDINANCE AMENDING THE MAPLEWOOD CODE SECTION 200.190 RELATING TO REVIEW AUTHORITY THE COUNCIL OF THE CITY OF MAPLEWOOD HEREBY DOES ORDAIN AS FOLLOWS: Section L. Section 202.190 of the Maplewood Code is hereby amended to read - as follows:. 202.190. Plan Review Authority. 1. The Director of Community Development shall review all building or remodel- - ing plans of $12,000 or less in value and all additions of $120,000 or less, where the addition is consistent with the design of the original building and where the original building was previously reviewed by the Community Design Review Board. The Director must first determine, however, that the plans meet all City Ordinances and policies and that the proposal would not have an adverse impact on surrounding properties. If the App1i- cant chooses to appeal the decision of the Director, the case shall be sent to the Community Design Review Board for a decision. Appeals from the Board's decision may be made to the City Council by any effected person within ten days after the Board's decision. 2. ALlother plans shall be reviewed by the Community Design Review Board. The Board's decision shall be final, unless appealed to the City Council by the Applicant, City Staff, or any effected person, within 10 days after the Board's decision. - 6 - 2/4 3. The dollar limits in this section shall he periodically reviewed by the City Council. _ Section 2.- This ordinance shall t8keeffect upon passage,-adoption and _ publication. Seconded by Councilmember Anderson. Ayes - all. 4. Code Amendment: Minimum Floor Area - Second Reading a. Councilmember Bastian moved to table Item H-4 to the meeting of February 18, 1982 for further investigation. ° Seconded by Councilmember Juker. Ayes - all. I. VISITOR PRESENTATIONS 1. Richard Pearson - 1956 White Bear Avenue a. Mr. Pearson stated the reason for his appearing before the Council was to obtain their opinion regarding his proposal to develop a mobile home park on his property on Century Avenue (approximately 40 acres). b. Council stated Mr. Pearson should proceed through the normal channels. 2. Mr. Lee Jasinski, 2702 Stillwater Road a. Mr. Jasinski stated his property will be experiencing serious flooding problems .because of the development to the east. b. Council directed staff to contact the Highway department and Mr. Knowlan regarding this potential problem. J. NEW BUSINESS 1. Special Exception: Carlton Street a. Manager Evans stated the applicant, ISA COMM Services, Inc. is requesting to construct a 2400 square foot one story building to contain equipment for the operation of a 25.3 footdiameter disc antenna to be located behind the building. Approval of the special exception for the proposed satellite earth station, based on the findings that: - 1. Theproposed use would be compatible withadjacent development. 2. The proposed facility would not be~a use which is noxious or hazardous to adjacent development. b. Commissioner Dave Whitcomb presented the Planning Commission recommendation: "commissioner Hejny moved the Planning Commission recommend to the City Council approval of the special exception for the proposed satellite earth station, based on the findings that: 1. The proposed use would be compatible with adjacent development. 2. The proposed facility would not be a use which is noxious or hazardous to adjacent development. - 7 - 2/4 Commissioner Fischer seconded. Ayes a11." c. Mr. Richard Hanson, representing the contractors, spoke ron bhealf of the proposal. d. Councilmember Anderson moved to approve the special exception to construct a 2400 square foot, one story building, to contain equipment forthe operation of a 25.3 foot diameter disc antenna for a satellite earth station on the west side of Carlton Street, north of Conway Avenue, based onthefollowin~ findings: 1. The proposed use would be compatible with adjacent development; 2. The proposed facility would not be a use which is-noxious or hazardous to adjacent development. Seconded by Councilmember Juker. Ayes - all. 2. Hillwood Drive - Dorland Road Street and Utility Improvements a. Manager Evans presented the staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 82 - 2 - 21 WHEREAS, the City Clerk and City Engineer have presented the final figures for the improvement project which. consists of the construction of streets, storm sewers, sanitary sewers, watermains and all necessary appurtenances in the following described area: Linwood Avenue from McKnight Road to the east 1200 feet; Dorland Road from Linwood Avenue to Hillwood Drive; Hillwood Drive from Crestview Drive to the west 1150 feet; Crestview Drive from Hillwood Drive to the north 200 feet; NOW, THEREFORE, BEIT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,MINNESOTA: that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected; without regard tocash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City Office forinspection. Further, the Clerk shall, upon completion of such proposed assessment, notify the Council thereof. Seconded by Councilmember Anderson. Ayes -all. d. Mayor Greavu introduced the following resolution and moved its adoption: 82-2-22 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of streets, storm sewers, sanitary sewers, watermains and all necessary appurtenances in the following described area: Linwood Avenue from McKnight Road to the east 1200 feet; Dorland Road from Linwood Avenue to Hillwood Drive; Hillwood Drive from Crestview Drive to the west 1150 feet; Crestview Drive from Hillwood Drive to the north 200 feet and the said assessment roll is on file in the office of the City Clerk; - 8 - 2/4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 4th. day of March, 1982, at the City Hall at 7:15 P.M. to pass upon such proposed assess- ment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the .hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected- , by the said assessments. 3. The notice of hearing shall state the date, time, and place of hearing, the general nature of the improvement, the area proposed to be assessed, that the proposed assessment roll is on file with the Clerk, and that written or oral objec- tions will be considered. Seconded by Councilmember Anderson. Ayes - all. 3. Park Contract with Gethsemane a. Manager Evans presented the staff report .including the following changes to the contract as proposed by Gethsemane Church: 1. The present contract provides for deferment of an assessment during the life of the contract. They would like to see some date in the future when the deferment would be cancelled completely provided the land is not sold for non-church purposes prior to an agreed upon. date. 2. They would like to have a provision which would permit them to use the land as collateral should they need a loan at sometime in the future. b. Councilmember Bastian moved to approve the Gethsemane Park Contract with the two amendments as requested plus the amendment that_ the deferred assessment be cancelled after 30 years. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson Bastian and Maida Nay - Councilmember Juker F. PUBLIC HEARINGS (Continued) 1. Preliminary Plat: Gervais Overlook (7:15 P.M.) Mayor Greavu called for proponents. The following were heard: Mr. Richard Anderson, one of the developers - 9 - 2/4 Mayor Greavu called for opponents. The following expressed their opinions: Willard Benker, 2786 Keller Parkway Ron Brown, 2776 Keller Parkway Tom Bucher, 2942 Keller Parkway William Rethke, 2828 Keller Parkway Donald Christianson, 1111 E. County Road C Judy Rethke, 2828 Keller. Parkway Councilmember Anderson moved to table the preliminary plat and direct staff to look into concerns expressed at the meeting tonight by the neighbors. Seconded by Councilmember Juker. Ayes - all. - K. COUNCIL PRESENTATIONS 1. Bullets a. Councilmember Juker moved that the ordinance regarding teflon coated bullets be placed on the February 18, 1982, for first ordinance. Seconded by Councilmember Anderson. Ayes - all. 2. Quad Ordinance. a. Councilmember Maida moved to reconsider the quad ordinance and have it placed on the February 18, 1982 Agenda. Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson, Bastian, Juker and Maida - Nay - Mayor Greavu 3. R. E. Districts - South End a. Councilmember Maida moved to instruct the Planning Commission to prepare a report of the property in the south end that could be considered for R. E. Districts and the report is to be presented to Council by the second meeting in May. Seconded by Mayor Greavu. Ayes - all. 4. Cable T.V. a. Councilmember Anderson moved to appoint Todd Peterson as an alternate delegate to the Cable T.V. Commission. Seconded by Councilmember Juker. Ayes - all. 5. 25th Anniversary a. Councilmember Bastian stated the Chamber of Commerce is appointing a committee regarding Maplewood's 25th Anniversary. b. Councilmember Anderson moved to appoint Councilmember Bastian as Chairman of Maplewood's 25th Anniversary Committee. Seconded by Councilmember Maida. Ayes - all. - 10 - 2/4 6. Employee Relations a. Councilmember Bastian questioned how the negotiations were proceeding. b. Manager Evans explained the offer to the Union. L. .ADMINISTRATIVE PRESENTATIONS 1. Industrial Revenue Notes a. Manager Evans stated present legislation does not permit funding of motels and hotels by industrial revenue notes. b. Councilmember Anderson moved that the Manager contact the City's legislative representatives to encourage legislation for Maplewood to allow I.R.N. funding of motels and hotels. Seconded by Councilmember Juker. Ayes - all. 2. Dispatcher a. Manager Evans requested Council approve filling the vacancy in the dispatcher position. b. Council did not take any action. 3. Wakefield Park a. Manager Evans reported to the Council the damage done to Wakefield Park by people looking for the St. Paul Winter Carnival Medallion and that he has contacted the Promotion Manager from the St. Paul Dispatch (who is responsible for hiding the medallion) regarding these damages. M. - ADJOURNMENT 10.58 P.M. City Clerk - 11 - 2/4