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HomeMy WebLinkAbout12.10.84MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, December 10, 1984 Council Chambers, Municipal Building Meeting No. 84 -26 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, Councilmember Present Gary W. Bastian, Councilmember Present MaryLee Maida, Councilmember Present Michael T. Wasiluk, Councilmember Present C. APPROVAL OF MINUTES 1. Meeting 84 -23 (October 22, 1984) Councilmember Maida moved to approve the Minutes No. 84 -23 (October 22, 1984) as corrected: Page 11, Item K -3c - Delete "curb and gutter ". Seconded by Councilmember Wasiluk. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Mall Traffic 2. Developer's Meeting 3. Commission Interviews 4. Ordinance Policies 5. Update 6. Food Shelves 7. Chamber Party 8. Developer's Committee Seconded by Councilmember Bastian. Ayes - all. E. CONSENT AGENDA Council removed Item E -2 from the Consent Agenda to become I -7. Councilmember Bastian moved, seconded by Councilmember Maida, Ayes - all, to approve the Consent Agenda Items 1, 3 and 4 as recommended: 1. Accounts Payable Approved the accounts (Part I - Fees, Services, Expenses, Check register dated November 28, 1984 through December 3, 1984 - $258,240.28: Part II - Payroll dated November - 1 - 12/10 30, 1984 - $80,560.10) in the amount of $338,800.38. 2. Discussed under I -7. 3. Paramedic Bill - Cancellation Cancelled the paramedic bill as requested by Robert V. Wiltso in the amount of $46.00 due to hardship. 4. Interfund Transfer - Utility Approved the following transfers: FROM $ 91,875 W.A.C. Fund 71,700 Hydrant Fund 6,010 Hydrant Fund 2,050 _ Sewer Fund $171,635- E-A FIRE CHIEFS POSTER CONTEST 1. State Fire Chief's Poster Contest F pS eciaT 1973 1977 1979 1979 TO Bonds Bonds Bonds Bonds sme�- ( #22) ( #25) ( #27) ( #27) a. Deputy Fire Marshal James Embertson introduced representatives from the East County Line, Gladstone, and Parkside Fire Districts who presented awards to the winners of the 1984 Minnesota State Fire Chief's Poster Contest as follows: East County Line Fire District 1st Place Peter Bronson Age 10 Transfiguration School 2nd Place David Preiner Age 11 Transfiguration School 3rd Place Angie Bourasa Age 11 Transfiguration School Gladstone Fire District 1ST Place Becky Rusinak Age 10 Weaver School 2nd Place Robby Warwick Age 10 Weaver School 3rd Place Susan Hesse Age 10 Presentation School Parkside Fire District 1st Place Tom Downs Age 10 St. Jerome's School 2nd Place Dan Hannigan Age 10 St. Jerome's School 3rd Place Stacy Rauguth Age 9 Edgerton School First place winners receive a $25 check from their District Fire Department and a Tonka Toy aerial fire truck donated by Tonka Toy Corporation, Minneapolis. Second place winners receive a $15 check from their District Fire Department. Third place winners receive a $5 check from their District Fire Department. Posters were judged and.evaluated by fire personnel. PUBLIC HEARINGS - 2 - 12110 I 7:00 P.M., Plan Amendment and Rezoning - 2150 McMenemy (Brooks) a. Mayor Greavu convened the meeting plan amendment from RL to LSC and the known as Brooks Superette, 2150 McMem b. Manager Evans presented the staff c. Director of Community Development recommendation. d. A representative of e. Mayor Greavu called f. Mayor Greavu called g. Mayor Greavu close h. Councilmember Maida (Plan Amendment) for a public hearing regarding the proposed proposed rezoning from BC to NC the property Amy. report. Geoff Olson presented the Planning Commission Brooks spoke in opposition to the zone change. for proponents. None were heard. for opponents. None were heard. i the public hearing. introduced the following resolution and moved its adoption 84 - 12 - 185 WHEREAS, the City of Maplewood initiated an amendment to the Maplewood Com- prehensive Plan from RL, residential low density to LSC, limited service commercial for 2150 McMenemy Street; WHEREAS, the procedural history of this plan amendment is as follows: 1. This plan amendment was initiated by the City of Maplewood. 2. The Maplewood Planning Commission held a public hearing on November 5, 1984 to consider this plan amendment. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Planning Commission recommended to the City Council that said Plan Amendment be approved. 3. The Maplewood City Council considered said Plan Amendment on December 10, 1984. The Council considered reports and recommendations from the Planning Commission and City Staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above described Plan Amedment be approved on the basis of the following findings of fact: 1. The site is on the corner two collector streets. 8 2. The City recently approved two similar plan amendments at 1915 Castle Avenue and 1690 English Street. 3. This site has been used commercially since the early 1960's. Seconded by Councilmember Wasiluk. Ayes - Councilmembers Anderson, Bastian, Maida and Wasiluk. Nays - Mayor Greavu. - 3 - 12/10 i. Councilmember Maida introduced the following resolution and moved its adoption: (Rezoning) 84 - 12 - 186 WHEREAS, the City of Maplewood initiated a rezoning from BC, Business Commercial to NC, Neighborhood Commercial for the northerly 140 feet of the following described property: The North 154 feet of the West one (1) acre of the North half of the North half (N 112 of N 1/2) of the Northwest quarter of the Northwest quarter (NW 112 of NW 1/4) of Section 17, Township 29 North, Range 22 West, Village of Maplewood, Ramsey County, Minnesota, subject to the rights of the public in the North 33 feet thereof and the West 33 feet thereof, for road purposes, according to the United States Government Survey thereof. This property is also known as 2150 McMenemy Street, Maplewood; WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by the City of Maplewood, pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commission on November 5, 1984. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on December 10, 1984 to consider this rezoning. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recom- mendations of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above described rezoning be denied and the property be rezoned to R -1, residence district (single dwelling), on the basis of the following findings of fact: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Seconded by Councilmember Wasiluk. Ayes - Councilmembers Anderson, Bastian, Maida and Wasiluk. Nays - Mayor Greavu. - 4 - 12110 2. 7:10 P.M. Plan Amendment and Rezoning - Larpenteur and Edgerton a. Mayor Greavu convened the meeting for a public hearing regarding the proposed plan amendment from RL to LSC and the proposed rezoning from BC and R -3 to NC and R -2 for the property on Larpenteur Avenue between Jessie Street and Edgerton Street. b. Manager Evans presented the staff report. c. Director of Community Development Geoff Olson presented the Planning Commission report. d. Mr. John Blomquist spoke in opposition to the proposal. e. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following were heard: Ted Davis, 546 E. Larpenteur W. Rafferty, 545 E. Larpenteur John Decker, 598 E. Larpenteur Shirley Files, 1695 Edgerton. f. Mayor Greavu closed the public hearing. g. Councilmember Bastian moved to deny the request for the Plan Amendment from RI to I Sf._ Seconded by Councilmember Wasiluk. Ayes - all. i. Councilmember Bastian introduced the following resolution and moved its adoption: 84 - 12 - 187 WHEREAS, the City of Maplewood initiated a rezoning from R -3, multiple dwelling and BC, business commercial to R -2, double dwelling for the following described property: Lots 16 -18 and Lots 12 -15, Block Eight, King's Addition to the City of St. Paul. WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by the City of Maplewood, pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commission on October 15, 1984. The Planning Commission recommended to the City Council that said re- zoning be approved: 3. The Maplewood City Council held a public hearing on December 10, 1984 to consider this rezoning. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and re- commendations of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above described rezoning be approved on the basis of the following findings of fact: - 5 - 12110 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. R -2, double - dwelling zoning would provide the maximum flexibility for developing the site consistent with the intent of the land use plan and zoning code. 3. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 4. The proposed change will serve the best interests and conveniences of the community, where applicable and the public welfare. 5. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. 6. An R -2 zone would preserve the residential character of the neighborhood, while allowing a reasonable use of the property. Seconded by Councilmember Wasiluk. Ayes - all. 3. 7:20 P.M. Variance - 1918 Beam Avenue a. Mayor Greavu convened the meeting for a public hearing regarding the request of Best Buy Company (Sound of Music), 1918 Beam Avenue, for a variance to have a wooden trash dumpster enclosure rather than one of masonry construction as code requires. b. Manager Evans presented the staff report. c. Board Member Fran Juker presented the Community Design Review Board recommendat- ion. 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. Councilmember Maida moved to deny the request of Best Buy Company (Sound of Music) for a variance to have a wooden trash dumpster enclosure. Seconded by Councilmember Bastian. Ayes - all. 4. 7:30 P.M., Conditional Use Permit - Highway 36 and Tracks a. Mayor Greavu convened the meeting for a public hearing regarding the request of 3M National Advertising Company for a conditional use permit to erect a double faced billboard within 500 feet of a dwelling. b. Manager Evans presented the staff report. c. Board Member Fran Juker presented the Community Design Review Board report. - 6 - 12110 d. Mr. Gerald Osterloo, representing the National Advertising Company, spoke on behalf of the proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Councilmember Anderson moved to deny the request of 3M National Advertis Company for a conditional use permit to erect a double faced billboard on 1 36-within 500 feet ot a dwellinq. Seconded by Councilmember Wasiluk. Ayes - Councilmembers Anderson, Bastian, Maida and Wasiluk. Nays - Mayor Greavu. 5. 7:40 P.M. Prelininary Plat and Variance - Beebe Road (Westwinds) a. Mayor Greavu convened the meeting for a public hearing regarding the request of Townhome Investment Co., Inc. for approval of a four lot multiple dwelling plat and a variance to the ordinance requiring 120 cubic feet of extra storage space to be provided for each unit within the main building. The applicant is proposing storage space in the garages. b. Manager Evans presented the staff report. c. Board Member Fran Juker presented the Community Design Review Board recom- mendation. d. A representative of Townhome Investment Company spoke in favor of the proposal. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Councilmember Bastian moved Plat, to be located on Beebe station, or a one year period. val of the Westwinds of Maplewood Preliminar Seconded by Councilmember Anderson. Ayes - all. i. Mayor Greavu introduced the following resolution and moved its adoption: 84 - 12 - 188 WHEREAS, Town Home Investment Company, Inc., applied for a variance for the following described property: The West 112 of the SE 1/4 of the SW 1/4 of the SE 1/4 , except the South 260 feet thereof, and also except the East 33 feet thereof, in Section 14, Township 29, Range 22, Ramsey County, Minnesota. WHEREAS, Section 36 -110 of the Maplewood Code of Ordinances requires that there be 120 cubic feet of storage space provided for each multiple dwelling unit - 7 - 12110 G within the main building; WHEREAS, the applicant is proposing the storage spaces within the detached garages, requiring a variance; WHEREAS, the procedural history of this variance is as follows: 1. This variance was applied for on October 23, 1984 2. This variance was reviewed by the Maplewood Community Design Review Board on November 27, 1984. The Baord recommended to the City Council that said variance be approved. 3. The Maplewood City Council held a public hearing on December 10, 1984 to consider this variance. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recom- mendations of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above described variance be approved on the basis of the following findings of fact: 1. The spirit and intent of the ordinance would be met since the storage space would be provided. 2. Locating the storage lockers in the garage permits a better use of the floor space within the main building. Seconded by Councilmember Maida. Ayes - Mayor Greavu, Councilmembers Ander- son and Maida. Nays - Councilmembers Bastian and Wasiluk. 6. 7:50 P.M., 2520 Clarence (Kelly) a. Mayor Greavu convened the meeting for a public hearing regarding the request of Ronald D. Kelly to rezone 2520 Clarence from R -1, Single Dwelling to R -2, Double Dwelling. b. Manager Evans presented the staff report. c. Mrs. Jane Kelly, 2520 Clarence Street, spoke on behalf of the request. d. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following voiced their opinions: Mrs. Richard Schmidt, owns the empty lot south of 2559 Clarence. e. Mayor Greavu closed the public hearing. f. Mayor Greavu moved to deny the request of Ronald D. Kelly to rezone 2520 Clar- ence from R -1 to Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Ander- son, Bastian and Wasiluk. Nays - Councilmember Maida. AWARD OF BIDS - 8 - 12110 None. UNFINISHED BUSINESS 1. Kennel Permit - 1231 Shryer Avenue a. Manager Evans presented the staff report. b. Robert and Marion Newbauer, 1231 Shryer Avenue, the applicants, spoke on behalf of their request for a kennel license to house three (3) dogs as pets. c. Charles and Pat Hirsch, 1212 E. Skillman, spoke of all the problems the exist- ing kennel has caused. d. Councilmember Bastian approved a small kennel license for three (3) dogs for Mrs. Marion Newbauer, 1231 E. Shryer Avenue, license to expire March 34, when one dog is to be removed from the premise. Seconded by Councilmember Wasiluk. Ayes - all. 2. Purchase of Park Land From School Board (Goodrich) a. Manager Evans presented the staff report. b. Mayor Greavu moved to authorize signing of a purchase agreement with School District 622 for the purchase of a piece of an which inc u es par o t e parking lot at e Goodrich Field in the amount ot $7,500.00. Seconded by Councilmember Wasiluk. Ayes - all. c. Councilmember Anderson moved to approve an appropriation of $7,500.00 from the P.A.C. Funds to cover the cost of e property. Seconded by Mayor Greavu. Ayes - all. I. NEW BUSINESS 1. Code Amendment: Swimming Pools a. Manager Evans presented the staff report. b. Councilmember Anderson moved first reading of an ordinance amending the util line clearances from swimming pools to match the requirements of the Nati-o-n-a-F- Electrical Code and the National Electrical a e y Code. Seconded by Councilmember Maida. Ayes - all. 2. Code Amendment - Fences a. Manager Evans presented the staff report. b. Councilmember Maida moved first reading of an ordinance for a code amendment regarding fences as follows: 1. Revise the code to prohibit structural supports on the outside of boundary fencing (Council proposal). - 9 - 12/10 2. Combine the essentially duplicate Sections 9 -3 and 36 -20 of City Code. Section 36 -20 of the zoning code would be rescinded (staff proposal). 3. Expand the code to address the issues of barbed -wire fences and fence maintenance. Seconded by Councilmember Anderson. Ayes - all. 3. Code Amendment: Setbacks and Lot Dimensions a. Manager Evans presented the staff report. b. Councilmember Maida moved first reading of an ordinance amending the Code to allow additions and lot divisions to existing singe dwellings in require setbacks without avino to approve a variance. Seconded by Councilmember Wasiluk. Ayes - all. 4. Phalen Place Traffic a. Manager Evans presented the staff report. b. Director of Public Works Ken Haider presented the specifics of the report. c. Councilmember Wasiluk moved to accept the report. Seconded by Councilmember Bastian. Ayes - all. 5. Walter Street Feasibility a. Manager Evans presented the staff report. b. Councilmember Wasiluk moved to table indefinetiv the Walter Street feasibili Seconded by Councilmember Anderson. Ayes - all. 6. No Smoking (Wasiluk) a. Councilmember Wasiluk moved that there be "no smokino" durina Council meeti Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson and Wasiluk. Nays - Mayor Greavu and Councilmember Maida. Councilmember Bastian abstained. 7. 1985 Temporary Pay Rates a. Manager Evans presented the staff report. b. Councilmember Bastian introduced the followinq resolution and moved its adoption: 84 -11 -189 WHEREAS, according to the Minnesota Public Employees Labor Relations Act, part -time employees who do not work more than 14 hours per week and temporary employees who do not work in excess of 67 days in a calendar year are not covered by union contract wage rates. - 10 - 12110 NOW, THEREFORE, BE IT RESOLVED, that the following pay rate maximums are hereby established for temporary and part -time employees retroactive to January 1, 1985. Recreation worker $10.50 per hour Recreation official 15.75 per game Puppeteers 26.25 per show Accountant 13.20 per hour Administrative assistant 7.35 per hour Secretary 7.48 per hour Accounting Clerk 7.48 per hour Clerk- Typist 6.13 per hour Election Judge 5.00 per hour Election precinct chairman 5.25 per hour Laborer 5.25 per hour Engineering Aide 6.10 per hour Janitor 4.45 per hour BE IT FURTHER RESOLVED, that the recreation workers who drag ballfields may be paid up to $4.00 per field in lieu of an hourly payrate. BE IT FURTHER RESOLVED, that the minimum pay rates for each of the above be (1) the amount specified by State law for those positions covered and (2) $2.50 per hour for those positions not covered by State law. BE IT FURTHER RESOLVED, that the City Manager shall have the authority to set the pay rate within the above ranges. Seconded by Councilmember Anderson. Ayes - all. J. VISITOR PRESENTATIONS None. K. COUNCIL PRESENTATIONS 1. Mall Traffic a. Councilmember Bastian commented on the traffic around the mall. He suggested a "No U Turn" sign be installed at Woodlyn and Lydia. 2. Developers Meeting a. Councilmember Bastian reported on the Developers meeting and questioned "what is next ? ". - 11 - 12110 b. Staff is to review the questions and statements presented at the meeting. c. Council stated the next meeting should be after the first of the year. 3. Commissions Interviews a. Councilmember Bastian asked when the interviews for the Commission vacancies will be held. b. Council established Thursday, December 27, 1984 at 5:30 P.M. at the Public Works Facility as the date to interview commission candidates. 4. Ordinance Policies a. Councilmember Bastian questioned if a resident has a problem who can he call to discuss it. b. Council stated the Manager should be informed. 5. Update a. Councilmember Bastian requested an update of pending litigations. 6. Food Shelves a. Councilmember Bastian moved that the money being put aside for a Commissioners Party be donated to the North St. Paul Emergency Food 5helf Program. Seconded by Councilmember Anderson. Ayes - all. 7. Chamber Party Mayor Greavu stated the North Suburban Chamber Party will be held December 20, 1984 at 4:30 P.M. at the Gladstone House. 8. Developers Committee a. Mayor Greavu questioned if a developers committee should be established to entice business into Maplewood. b. Staff to investigate. L. ADMINISTRATIVE PRESENTATIONS None. M. ADJOURNMENT 10:17 P.M. , I _i er< �` Y - 12 - 12/10