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HomeMy WebLinkAbout02.18.82 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Thursday, February 18, 1982 Council Chambers, Municipal Building Meeting No. 82-5 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 toorder at 7:04 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 G. APPROVAL OFMINUTES None. D. APPROVAL OF AGENDA - Councilmember Bastian moved to approve theAgenda as amended: 1. Agenda meeting - March 2, 1982 2. Water pipe freezing-in street 3. Police Dispatcher 4. Traffic Problem - Pleasantview Park 5. Public apology - 6. AFSCME Contract 7. Bingo - Lions _ 8. Mobile Homes 9. .Visitor Presentation be placed after Item E, F and H Seconded by Mayor Greavu. Ayes - all. E. CONSENT AGENDA Council removed Item E-6 and 7 from the Consent Agenda to become Item J-5 and 6. Mayor Greavu moved, seconded by Councilmember Juker, Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Maida, Nay - Councilmember Bastian to approve the Consent Agenda: 1. Accounts Payable Approved the accounts (Part I - Fees, Services, Expenses, Gheck No. 006110 through Check No. 006857 - $111,484.09; Check No. 012491 through Check No. 012614 - $82,035.39: Part II - Payroll Check No. 02882 through check No. 03002 - $47,281.84) in the amount of $240,801.32. 2. Nature~Center Hours - Resolution - 1 - 2/18 Resolution No. 82-2-24 WHEREAS, Section 2 of the Ordinance relating to the Maplewood Nature Center in- dicates that the .City Council ofMaplewood shall designate the hours for the center; and NOW, THEREFORE, effective-February 19, 1982 and thereafter, the-Maplewood Nature Center shall be open to the public during the period from.30 minutes before sunrise and until 30 minutes after sunset. 3. Easement Acquisition: Hillwood Drive - Dorland Road Resolution No. 82-2-25 WHEREAS, the City of Maplewood desires permission to use-a portion of land owned by the Board-of Water Commissioners for ponding purposes; WHEREAS, an agreement dated July 11, 1961 by and between the -0ity of Maplewood and the Board of Water Commissioners provides permission for Maplewood to construct utility lines and works over and upon lands owned by the Board; WHEREAS, the Maplewood staff has reviewed the proposed Addendum to Agreement and staff recommends approval of said proposed subject to execution by all parties of the addendum to the original agreement that will authorize said permission to pond; NOW, THEREFORE, BE ITRESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the Addendum to Agreement by and between the City of Maplewood and the Board of Water Commissioners is hereby approved and that the proper City officers be authorized and hereby directed to execute said addendum on behalf of the City of Maplewood. 4. English StreetImprovement Resolution No. 82-2-26 WHEREAS, pursuant to an amended written contract approved by the City on October 3, 1980, Richard Knutson, Inc. of Burnsville, Minnesota, has satisfactorily completed Maplewood Improvement Project 79-4 in accordance with saidcontract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF MAPLEWOOD, MINNESOTA, 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 final payment on such contract, taking thecontractor's receipt in full. 5. State Aid Transfers Approve transfer of $6,100 from the Street Construction State Aid Fund to the Special Assessment Fund effective December 31, 1981 to finance the following projects: $3,200 - Project No. 70-5 $2,900 - Project No. 71-15 8. Interfund Transfers - Engineering and Administrative Charges Resolution 82-2-27 - 2 - 2/18 BE IT~RESOLVED, that effective December 31, 1981-transfers be.made between the following construction projectsandthe General Fund for in-house engineering and administrative costs: PROJECT TRANSFERTO (FROM) GENERAL FDND N0. ENGINEERING ADMINISTRATIVE TOTAL _ 77-04 Maple Greens - Phase III $ 2,291 $ 269 $ 2,560 77-09 Gervais - Germain to White Bear Ave. 3,749 760 4,509 77-12 Maryland Avenue 19,714 -(627) 19,087 77-13 Car-Don Estates 2,383 452 2,835 78-O1 Gervais-East of Hwy. 61 22 020 653 22,673 78-09 Water on East Shore Drive 8,206 811 9,017 78-10 Hillwood drive 11,069 -0- 11,069 _ 78-12 Crestview 2nd Addition 1,524 508 2,032 78-18 Condor Storm Sewer 3,793 -0- 3,793 78-20 Brookview Drive-Storm Sewer II 3,642 387 4,029 78-23 Crestwood Knolls-2nd Addition 1,370 356 1 726 78-24 Beam - West of Hwy. 61 4,834 1,201 6,035 79-01 Cope Connection. 11 560 190 11,750 79-04 English St. - Near County Road C 7,934 432 8,366 79-10 Ga11 AVenue 600 100 700 79-15 Ma 1e Knolls P 4,709_ 1,043- 5,752 80-03 Water on Ripley 981 -0- 981 80-12 Crestview Forest Subdivision 308 617 925 80-13 Goff's Mapleview Addition (28) -0- (28) 80-14 Keller Parkway Sewer 3 891 -0- 3,891 80-17 Hwy. 61 Water (Datsun) 81 400 481 80-18 Kennard Sewer 67 67 134 51-03 Arcade Street Water 196 127 323 81--6 1981 Diseased Tree Program -0- 204 204 81-OS Carlton Club Water 557 123 608 81-12 Sterling Street 5,511 -0- 5,511 - 3 - 2/18 81-16 Acorn Greenhouse Development 3,806 1,173 4,979 81-19 Chesterwood Addition 3,122 1,132 4,254 $ 127,890. $ 10,378 $138,268 9. Budget Transfer and Court Judgement Approved a budget transfer of $300from the General Fund contingency account (101- 199-4910) to the judgements account (101-199-.4970) to settle a lawsuit filed by Thomas J. Perzichilli, Sr., 2300 Linwood Avenue Apprvoed a budget transfer of $1800 from the Revenue Sharing Fund Contingency Account (203-199-4910) to the subscriptions and memberships account (203-199-4380) for the charge for the -0able TV Commission ($3,000 previously budgeted, $4,800 total charge). 10. Budget Transfer: Emergency Preparedness Approved the budget transfer of $400.00 from the-Contingency Fund to Public Works for the purchase of 1,000 additional sand bags. I. VISITOR PRESENTATIONS 1. Richard Hagstrom, 2130 Arcade Street a. Mr. Hagstrom informed the Council of the problem he has encountered since purchasing his home at 2130 Arcade Street from Voya Piletich. Mr. Piletich divided the property at 2130 Arcade Street and is building a home on the vacant piece. Mr. Hagstrom has had his property surveyed and found that the-lot line goes through his foundation. Also, Mr. Piletich has located his new dwelling closer to the lot line than is stated in the code. b. Mr. Hagstrom requested Council to have staff monitor previousrecords and. submit the information to him. He also requested Council also institute a code amendment to require more than a five foot setback on RE District zones. - F. PUBLIC HEARINGS 1. Town Crier: Liquor License 7:00 P.M. a. Mayor Greavu convened the meeting for a public hearing regarding the appli- cation of Thomas Cory and Jack Maxwell for an On Sale Liquor License at Town Crier Restaurant, 1829 North St. Paul Road. The Clerk stated thehearing notice was found to be in order and noted the dates of publication. b. Manager Evans presented the staff report. c. Mr. Cory and Mr. Maxwell, the applicants, spoke on behalf of their proposal. 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. - 4 - 2/18 g. Councilmember Anderson moved to approve an On Sale Liquor License for Thomas Cory and Jack Maxwell to do business as The Town Crier, 1829. North St. Paul Road, subject to the-following conditions: No dancing permitted No patron bar or lounge Liquor to be sold with meals only and introduced the following resolution and moved its adoption: 82 - 2 - 28 NOTICE IS HEREBY GIVEN, that pursuant to action by the City Council of the City of Maplewoodon February 18, 1982, an On Sale IntoxicatingLiquor License was approved for Thomas Cory and Jack Maxwell, dba The Town Crier, 1829 North St. Paul Road; The Council proceeded in this matter as outlined under the provisions of the City Ordinances. Seconded byMayor Greavu. Ayes - a11. I. VISITOR PRESENTATIONS None. AWARD OF BIDS 1. Rotary Mower a. Manager Evans presented the staff report. b. Mayor Greavu introduced the following-resolution and moved its adoption: 82-2-29 BEIT RESOLVED BY THECITYCOUNCIL OF MAPLEWOOD, MINNESOTA, that. the bid of Langula Hardware, Inc. in-the amount of $12,189.50 is. the lowest responsible bid for one (1) Front-Mounted Rotary Mower and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilmember Maida. Ayes - Mayor Greavu, Councilmembers - Anderson, Juker and Maida. Nays -Councilmember Bastian. H. UNFINISHED BUSINESS 1. Minimum Dwelling Floor Area a. Councilmember Juker moved to table this item until later in the Agenda. _ Seconded by Councilmember Anderson.. Ayes - a11. 2. Amendment to Rules of Procedures - 5 - 2/18 a. Councilmember Bastian moved to approve the following amendments to the. Rules ofProcedures: - Section 10 - Subsection A.- Ordinances, resolutions andother matters or subject requiring action by the Council shall be introduced and sponsored by a member of the Council. The City Manager or Attorney may presentordinances, resolutions and other matters or subject to the Council. .Subsection C. Every ordinance other than emergency ordinances shall have two public readings as provided in Subsection (b) of this Section and at least fourteen days shall elapse between the first reading or waiver thereof and - the secondreading or waiver thereof. No ordinance shall be givenits first public reading whenintroduced under "Council Presentations": Any ordinance introduced under that order of business shall be placed under "New Business" at the next regular meeting of the Council. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson,Bastian and Maida. Nays - Councilmember Juker. 3. Legal Claim:. Barkdoll a. City Attorney John Bannigan explained the lawsuit. b. Mayor Greavu moved to authorize the City Attorney to join in a proposed settlement up to $2500.00 with the Barkdolls. Seconded by Councilmember Anderson. Ayes - all. I. VISITOR PRESENTATIONS None. J. NEW BUSINESS - 1. Final Plat: Acorn Greenhouses a. Manager Evans presented the staff report. b. Councilmember Anderson moved to approve the Acorn Greenhouse Final Plat_ with the understanding all conditions of the preliminary plat have been met Seconded by Mayor Greavu. Ayes - Mayor Greavu; Councilmembers Anderson, Bastian and Maida. Nays- Councilmember Juker. 2. Code Amendment: Quad and Double Dwelling a. Manager Evans stated that on February 4, 1982, the Council voted to reconsider this ordinance at the February 18 meeting. The Community Design Review Board recommended approval. Approval of the enclosed ordinance is recommended. b. Councilmember Juker moved first reading of an ordinance regulating the desiEn of Quads and DoubleDwel~ings. - - 6 - 2/1S Seconded by Councilmember Maida: - Ayes - -0ouncilmembers Anderson, Juker and Maida. Nays - Mayor Greavu and Councilmember Bastian. 3. Resolution of Appreciation a. Councilmember Bastian introduced the following resolution and moved its adopt- ion: 82 - 2 - 30 - WHEREAS, Tom Morrisbecame a member of the Housing and Redevelopment-Authority of Maplewood, Minnesota in January of 1981 and has served faithfully in that capa- city to the present time; and WHEREAS, he will not be available for reappointment after the expiration of his term in March; and WHEREAS, he has freely given of his time and energy without compensation, - for the betterment of the City of Maplewood; and WHEREAS, he has shown sincere dedication to his dutiesand hasconsistently contributed his Leadership and effort in many ways for the benefit of the City; NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the Cityof Maple- - wood, Minnesota, and the citizens of the City that Tom Morris is hereby extended . our heartfelt gratitude and appreciation for his dedicated service and we wish him continued success in the future. Seconded by Councilmember Juker. Ayes - all. 4. M.T.C. Bus Rerouting a. Manager Evans presenteda proposal from MTC to reroute the 9C Bus to serve Condordia Arms. As the map shows, the new route would be on Lydia Avenue and Ariel Street. These are permanent 9 ton streets with sufficient strength to carry bus traf5in. b. Several of the residents of Concrodia Arms spoke on behalf of the rerouting. c. Councilmember Juker moved to request the MTC to reroute the 9C Bus to west on Woodlyn Avenue to Ariel , aouth on Ariel to Lydia and then west to White Bear Avenueand to also request the MTC to have bus 9C pause at Concordia Arms. Seconded by Councilmember Anderson. Ayes - all. 5. Financial Transfers to Close Improvement Projects a. Councilmember Juker moved to approve the transfers to close nine projects and introduced the following resolution and moved its adoption: 82- 2-31 RESOLUTION ABANDONING CERTAIN IMPROVEMENT PROJECTS UNDERTAKEN PURSUANT TO MINNESOTA STATUTES, CHAPTER 429 AND - 7 - 2/18 - PROVIDING FOR THE TRANSFER OF FUNDS IN CONNECTION THEREWITH WHEREAS (a) The City of Maplewood has heretofore undertaken the following improvement projectspursuantto theauthority granted in. Minnesota Statutes,-Chapter 429: Project78-19 (Hillcrest Development-McKnight Water) and Project 79-7 (Walter Street) (collectively, the "Projects"). (b) The City of Maplewood has heretofore issued Temporary Improvement Bonds of 1980, dated August 1, 1980 (the "Bonds") to finance all or a portion of the cost ofthe Projects. (c) The City Councildesires to abandon the Projects and provide for the transfer of the moneys held in the respective Construction Accounts attributable to the Projects as hereinafter. set Earth. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. The City of Maplewood abandonsthe Projects for the following reasons: Project 78-19 would be more cost effective to construct in conjunction-with .the county's reconstruction of McKnight Road sometime in the future; Project 79-7 is not financially feasible. 2. The investment earnings accruing on the Bond procee-ds held in the respective Construction Accounts attributable to the Projects shall be used by the City to pay the cost of the Projects prior to the date of abandonment. 3. The $414,926.70 balance in Project 78-19 shall be transferred as follows: $400,000.00 to Project 81-4 Adolphus Street. Sewer 14,926.70 to Project 79-15 South lawn Avenue Imp. 4. The $95,355.49, balance in Project 79-7 shall be transferred as follows: $50,000.00 to Project 78-20 Brookview Drive Storm Sewer 28,000.00 to Project 80-14_Keller Parkway Sanitary Sewer - 17,335.49-to Project 81-6 Diseased Tree Program-- 1981 Seconded by Councilmember Anderson. Ayes --a11. 6, Carry Over of 1981 Appropriations to 1982 a. Councilmember Jukermoved to authorize the following reductions in the 1981 Budget and the following increases in the 1982 Budget for all of the above carry over requests: 1982 Amount Account Code - Function Purpose 1) $ 1,230 101-110-4730 City Hall Maintenance Ventilating Improvements 2) 880 101-112-4640 Emergency Preparedness Refurbish and replace old warning siren electrical control boxes 4) 1,460 101-401-4520 Public Safety Admn. P.O.S.S.E. computer rental 5) 1,550 101-401-4630 Public Safety Admin. Office equipment 6) 400 101-402-4240 Police Services Snowmobile suit, boots & gloves - 8 - 2/18 7) $ 5,630 101-402-4640 Police Services: -Bullet proof vests 8) 4,000 101-403-4390 Paramedic Services Emergency Medical Technician training 390 101-403-4600 Paramedic Services Undesignated capital outlay ("Paramedic Gift Fund") 10) 28,740 101-403-4640 Paramedic Services East Metro E.M.S. Communication System 11) 8,000 101-407-4480 Animal Control To increase patrol hours (1982 Budget reduced patrol hours by 50%) 12) 150 101-501-4630 Public Works Admin. Office equipment 13) 150 101-503-4630 Engineering Office equipment 14) 5,500 101-602-4720 Park Maintenance Repair of asphalt parking lot at Afton.Heights Park $58,550 Total -REVENUE SHARING FUND Expenditures and encumbrances for the Revenue Sharing Fund were $117,715 under budget according to preliminary figures. Revenues were $7,5541ess than budgetedbecause revenue. sharing allotments were less than anticipated. However, thereare sufficient monies available for the following proposed appropriation carry ovens: Amount. -Account Code Function Purpose - 1:) $20,370 203-403-4610 Paramedic Services Replacement of paramedic patrol vehicles 2) 880 203-403-4640 Paramedic Services Paramedic equipment 3) 12,500 203-506-4640 St. Lights & Signals Opticom at I-94 and Hwy. 120 $33,750 Total Seconded by Councilmember Anderson. Ayes - a11. - H-. UNFINISHED BUSINESS (continued) 1. Minimum Dwelling Floor Area b. Commissioner Lorraine Fischer presented the following Planning Commission recom- mendation: - "Commissioner Prew moved the-Planning Commission recommend to the City Council amending Section 904.010 (6) as follows: (6) Minimum Floor Area Requirements a. The floor area of any detached single family dwelling, hereafter erected, shall not be less than the following: 1. A one-story dwelling: 864 square feet 2. A tri-level dwelling: 975 square feet - 3. Bi-level and 1 1/2 story dwellings: 1008 squarefeet 4. A two-story dwelling: 1056 square feet. b. Room size and number shall be consistent with the Uniform -Building Code standards. - 9 - 2/18 Also, amend Section 916:010 to include the following new subsections: (20) Single-family detached residence types are defined as follows: a. One story residence - single floor level, usually at grade level. b. One and one-half story residence - two. floor levels; one at grade and one above grade, which does not have full ceiling height for the entire above-grade level. c. Two storyresidence - two floor levels; one at grade and one above grade, both with full ceiling height. d. Three-story residence - three floor levels; one at grade and two above grade, all with fullceiling height. e. Tri-level residence - three floor levels; usually one four feet below grade, one at grade, and one four feet above grade, all with full ceiling height. f. Bi-level residence - two floor levels; usually one four feet below grade, one four feet above grade, both with full ceiling height. May be on sloping lot with lower level partially exposed. (21) Floor area for single-family detached dwellings shall be calculated as follows: a. The total floor area of habitable levels at or above grade which have full veiling height b. One-half the floor area of habitable levels partially below grade with full ceiling height. (22) Habitable floor area - as defined by the Uniform Building Code. (23) Grade - as defined by the Uniform Building Code. Commissioner Pellish seconded. Commissioner Fischer moved an amendment to change the minimum square feet for a one-story dwelling to 800 square feet. Commissioner Hejny seconded. Ayes - 5 Nays - 3 (Commissioners Whitcomb - ~ Pellish, Kishel) Voting on the motion as amended: Ayes - 7 Nays - 1 (Commissioner Fischer)" c. Councilmember Maida introduced the following ordinance and moved its adoption: ORDINANCE N0. AN ORDINANCE AMENDING SECTIONS 904 AND 916 OF THE MUNICIPAL CODE RELATING TO MINIMUM FLOOR AREA REQUIREMENTS THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: - 10 - 2/18 Section 1. Section 904.010 (6) is amended to read as follows; 6.. Minimum FloorArea Requirements a. The floor area of any detached single dwelling, hereafter erected, shall not be less than the following: 1. a one story dwelling: 950 square feet 2. a bi-level or a one and one-half story dwelling: 960 square feet 3. atri-level dwelling: 765 square feet 4, a two-story dwelling: 720 square feet b. Room size and number shall be consistent with Uniform Building Code standards. c. Floor area for single dwellings shall be calculated asfollows: a. The floor area at grade for one-story, bi-level, 1z story, and - two-story dwellings; or b. At and above grade for tri-level dwellings. Section 2. Section 916-101 is amended to add the following new subsections: (a) Single-dwelling types are defined as follows: a. One story dwelling: single floor level, usually at grade level. b. One and one half story dwelling: two floor levels; one at grade and one above grade, which does not havefull ceiling height for the entire above-grade level. c. Two-story dwelling: two floor levels; one at grade and one above - grade, both with fullceiling height. d. Tri-level dwelling: three floor levels; usually one four feet below grade, one at grade,-and one four feet above grade, all with full ceiling height. e. Bi-level dwelling: two floor levels; usually one four feet below grade, one four feet above grade, both with full ceiling height. May be on sloping lot with lower level partially exposed. (21) Floor area: The sum of the gross horizontal area of the floor of a build- ing, measured to the exterior side of the exterior walls. Floor area shall not include garages, attics, or unheated spaces. - (22) Grade: as defined by the Uniform Building Code Section 3. This ordinance shall take effect upon passage and publication. Seconded by Councilmember Anderson. Ayes - CouncilmembersAnderson, Juker and Maida. - 11 - 2~iS Nays - Mayor Greavu and Councilmember Bastian. Motion failed. (4 votes required) K: COUNCIL PRESENTATIONS 1. Agenda Meeting - March 2, 1982 a. Councilmember Maida requested that the March 2, 1982 Agenda Meeting be held on March 1, 1982 as she has a conflict that night. b. Councilmember Bastian moved tohold the Agenda Meeting at 4:00 P.M. March 1, 1982. Seconded by Councilmember Anderson. Ayes - a11. 2. Water Pipes - Freezing in the Street a. Councilmember Anderson stated he had received a call from Mrs_ Lipinski, - - -Hazelwood Street, regarding her having to pay three times to have the water pipe in the street thawed. b. Staff stated that this is a requirement of the Sf. Paul Water Department Con- - tract with the City. 3. Police Dispatcher a. Mayor Greavu moved to authorize the Manager to fill the vacant position of the Police Dispatchers b. Seconded by Councilmember Maida. Ayes -a11. 4. Traffic Problems - Pleasantview Park a. Mayor Greavu stated he received a letter and petition from Dean Sherburne regarding the through traffic on Marnie Street. Ithas been proposed to move the fill dirt from the Hillwood Drive-Dorland Road Project to Pleasantview Park. The neighbors do not want any traffic on Marnie. b. Manager Evans stated this item is scheduled for the March 4, 1982 Council _ Meeting. 5. Public Apology a. Mayor Greavu apologized to the St. Paul Dispatch Winter Carnival Committee andthe City of St: Paul for his statements pertaining to the medallion. L. ADMINISTRATIVE PRESENTATION 1. AFSCME a. Councilmember Anderson moved to approve the AFSCME contract for 1982 as pre- . sented by the Manager. Seconded by Mayor Greavu. Ayes - all. - 12 - 2/18 2. Bingo -Lions a. Manager Evans stated the Maplewood Lions have requested to have a special bingo game on Saturday, March 13, 1982. According to the State Statutes any organization that holds weekly bingo games may have one special occasion game. The Lions would like to have bingo all day, but this is prohibited. b. Councilmember Bastian moved to approve a special occasion bingo uermit for the North Maplewood Lions on Mazch 13. 1982 and this permit be eranted accordih tg o the State Statute. Seconded by Councilmember Anderson. Ayes -all. 3. Mobile Homes a. Manager Evans stated there is proposed legislation prohibiting cities to regulate the placement of mobile homes in residential areas. b. Councilmember Bastian moved to direct staff to draft a letter from the Council to the cities legislative representatives expressing our concern regarding the proposed changes in Statute 462.351, Subdivision 1 eliminating the cities ability to restrict manufactured homes in residential azeas. Seconded by Councilmember Anderson. Ayes -all. M. ADJOURNMENT 9:54 P.M. City Clerk 13 - 2/18