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HomeMy WebLinkAbout09.22.86 MINUTES OF :MAPLEWOOD CITY COUNCIL 7:00 P.M „ Monday, September 22, 1986 Council Chambers, Municipal Building Meeting No. 86-25 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. This meeting is the first meeting held in the new municipal building, 1830 E. County Road B. B. ROLL CALL John C. GreaVU, Mayor Present Norman G. Anderson, Councilmember Absent - Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present Charlotte Wasiluk, Councilmember Present C. APPROVA, OF MINNTES None. D. APPROVAL OF AGENDA Mayor Greaw moved to approve the Agenda as amended: 1. Maple Green Drainage 2. Council Room 3. Gloster Park 4. Frost Avenue 5. Cope Avenue 6. Parking 7. L D. Tags 8. Developers/Staff Fleeting 9. Empty Houses _ 10. Castle Avenue 11. Renewal of Long-Term Insurance 12. Transit Commission Meeting Seconded by Councilmember Bastian. Ayes - all. - E. CONSEFIT AGENDA Councilmember T9asiluk moved, seconded by Mayor Greavu, Ayes - all, to approve the Consent Agenda, Items 1 through 4'as recommended. 1. Accounts Payable Approved the accounts - Part I - Fees, Services, Expenses, check register dated September 11, 1986 - $92,459.27. 9/22 _ 2. Certification of Delinquent Sewer Bills Resolution No. 86 - 9 - 173 RESOLVED that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the attached list of delinquent sewer rental charges and hydrant charges said list made a Dart herein, for certification against the tax levy of said property owners for the Year 1986, collectible in 1987, and which listing includes interest at the rate of eight (8%) percent on the total amount for one year. Total amount to be certified: .$61,715.70 3. Final Plat Huntington Hills Approved the final plat of the first phase of the Huntington Hills plat. 4. Conditional Use Permit Holy Redeemer Day Care Approved the renewal of the conditional use permit for the Growing Room day care facility located at Holy Redeemer Church, based on the September 17, 1981 conditions of approval. F. PUBLIC HEARINGS 1. 7:00 P.M., Park Vacation and Preliminary Plat - Tilsen's Maplewood Heights No. 14 a. Mayor Greavu convened the meeting for a public hearing regarding the request of Tilsen Homes, _Tnc., for approval of a preliminary plat of twenty single dwelling lots and for vacation of City "nark" property. b. Director of Community Development Geoff Olson presented the Staff report. c. Chairman Les Axdahl presented the Planning Commission recommendation. d. Playor Greavu called for persons who wished to be heard for or against the proposal. The following were heard: Jim Hunt, 2348 Gall Jim Tilsen, Tilsen Homes John Yorkovich, 3034 Standridge Place Trish Faust, 2974 No. Howard Street e. Mayor Greavu closed the public hearing. f. Councilmember Bastian introduced the following resolution and moved its adoption: 86 - 9 - 175 WHEREAS, the City of Maplewood initiated proceedings to vacate the public interest in the following described park property: - 2 - 9/22 That part of the '!Dark" dedicated in Robert Tilsen's Maplewood Heights No. 9 lying west of Lakewood Drive that lies west of the following described line: beginning on the north line of said park parcel 334.75 feet east of the northwest corner and ending at a point on the southwest line 230+ feet southeast of the north- west corner. WHEREAS, the procedural history of this vacation is as follows: 1. This vacation was reviewed by the Planning Commission on September 15, 1986. The Planning Commission recommended to the City Council. that this vacation be approved. 2. The City Council held a public hearing on September 22, 1986, to consider this vacation. Notice thereof was published and mailed pursuant to .law. All persons present at this hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City Staff and Planning Commission. WHEREAS, upon vacation of the public interest in said park, the property - will be combined with the following described abutting properties, both in Section 1, Township 29, Range 22 and all owned by Tilsen Homes, Inc.: Except part in Robert Tilsen's Maplewood Heights No. 9; Dart lying - south of south line of NSP Co R/W of east 4.5 acres of following tract: beginning at point 328.28 feet west from southeast corner of NW 1/4 of NW 1/4; thence north 1110.88 feet; thence west 329.23 feet; thence south 116.47 feet to south line of said 1/4 1/4; thence east 328.26 feet to beginning (subject to road); NOW, THEREFORE, BE IT RESOLVED BY THE MAPLES400D CITY COUNCIL that it is in the public interest to grant the above-described vacation and declare the subject property as surplus, on the basis of the following findings of fact: 1. The property is not used for or planned to be used as a City park. 2. Retention of this excess property constitutes an unnecessary main- tenance burden for the City. 3. The City could be held liable for personal injuries sustained on - this property. 4. Retention of the parcel as City property unnecessarily reduces the City's tax base. This vacation is subject to combination of the underlying property with the property abutting to the southwest owned by Tilsen Homes, Inc. Seconded by Mayor Greavu. Ayes - all. g. Mayor Greavu moved to aoorove the Robert Tilsen's Maplewood Heights No. 14 - Preliminary Plat for twenty (20) sdngle dwellin lots subject to the following conditions being satisfiedbefore final plat approval: - 3 - 9/22 1. Vacation of the excess city "park" property adjacent to the north line of this site and enlarging Lots 11-13, Block 2 to include combination of this property. 2. Submission of a signed developer's agreement, with required surety, for all required Public improvements and tree replanting. 3. City Engineer approval of final grading, utility-and drainage plans. The grading plan shall show the location, size and grading limits for all trees to be preserved. Lot 13, Block 2 shall also be graded so that there is at least 10,000 sa_uare feet above the 989 contour. No trees shall be disturbed on the vacated City nark property other than as a result of the grading proposed on the plan dated July 29, 1986. ,Ii 4. A tree replanting plan shall be submitted to the Director of Com- munity Development that is consistent with the requirements of Section 9-191 (5) of City code. 5. A fifteen foot wide storm sewer easement shall be shown on the plat - centered on the south lot lines of Lot Five, Block One and Lot Five, Block Two. A 7-1/2 foot easement shall be shown from the southwest corner of Lot 5, Block 2 to the existing pipe in Tilsen's 12th Addi- tion. 6. The north-south street shall be named "Dorland Road." 7. The east-west street from Lot Eight, Block Two to the east property line shall be named "Brenwood Curve." 8. Proof shall be submitted that the applicant's site does not include the approximately 85 feet north of Lots 9 and 10, Block Two, as shown on the County's property line map. If the applicant's site includes this area, it shall be included in the plat as an extension of Lots 9 and 10, Block 2. Seconded by Councilmember Wasiluk. Ayes - all. 2. 7:10 P.M., Easement Vacation Edgerton Highlands a. Councilmember Bastian moved to table this item to late in the Agenda, Item I-3. Seconded by Mayor Greavu. Ayes - all. 3. 7:20 P.M., Assessment Hearing Diseased Trees Project 86-06 a. Mayor Greavu convened the meeting for a public hearing regarding adoption of the assessment roll for Diseased Tree Project 86-06. b. Director of Public Works Ken Haider presented the Staff report. - 4 - 9/22 c. Mayor Greavu called forpersons who wished to be heard for or against the assessment roll. The following were. heard: The resident at 1878 Flandrau stated there was a $10.00 error on his assessment. (Correction was made). d. Mayor Greavu closed the public hearing. e. Councilmember Bastian introduced the following resolution and moved its adoption: 86 - 9 - 176 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for Diseased Tree Removal as described in the files of the City Clerk as Project Number 86-06 and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNE- sota: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall con- stitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assess- ment levied against it. 2. Such assessment shall be payable in equal annual installments extend- ing over a period of one year, the first of the installments to be pay- able on or after the first Monday in January, 1987,~and shall bear interest at the rate .of eight (8) percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1986. To each subsequent installment when due shall be added interest for one year on all unpaid install- ments. 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relatinq to such properties make such assessment feasible. 4. To the extent that this improvement benefits non-abutting properties which may be served by the improvement when one or more later exten- sions or improvements are made, but which are not herein assessed, - 5 - 9/22 therefore, it is hereby declared to be the intention of the Council, as authorized by Minnesota Statutes Section 420.051, to reimburse the City by adding any portion of the cost so paid to the assessments levied for any of such later extention or improvements. 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Mayor Greavu. Ayes - all. - f. Councilmember Bastian requested the legal staff to research the removal of diseased trees on tax exempt property. 3. 7:10 P.M., Easement Vacation Edgerton Highlands Discussed under I-3. G. AWARD OF BIDS None. H. UNFINISHED BUSINESS 1. Hillwood Drive - Project 86-OS a. Director of Public Works presented the Staff report. b. P4r. Albert Berah, 2481 Linwood Avenue, commented that he was in favor of Option 1 of the construction proposal. c. Mr. John Peterson, Good Value Homes, spoke on behalf of the proposal. d. Mayor Greavu moved to approve Option No. One of the Project 86-05. Seconded by Councilmember Wasiluk. e. Councilmember Bastian moved to table this item until the Meeting of October 13, 1986, for further information. Seconded by Councilmember Juker. Ayes - Councilmembers .Wasiluk,. Bastian, and Ju3t~er Nay - Mayor Greavu 2. Preliminary Plat Miggler Addition a. Director of Community Development Olson presented the Staff report. b. Mr. Bill Chapman, representing the Miggler's spoke on behalf of the proposal. - 6 - 9/22 c. Mayor Greavu moved to approve the Miggler Addition preliminary plat subject to the following conditions being satisfied before final plat approval: 1. Submittal of a sixty-six foot wide right-of-way easementto the City Engineer for the extension of proposed Miggler Drive to Gervais Avenue. The applicant shall pay all costs for acquiring this easement, including any costs for acquisition by condemnation. This easement shall not encroach upon the City's property abutting to the east. 2. Submittal of a signed developer's agreement with required surety for required public improvements, including the construction of the street and water main extension to Gervias Avenueand to guarantee removal of the truck farm structures that are in conflict with ordinance re- quirements based on plat lines. 3. The water main to beconstructed in proposed Miggler Drive shall be looped to the water main in Grevais Avenue. 4. Phasing of the plat may be permitted provided: (a) Development is limited to Lots One, Two and Three of Blocks One and Two until the street and water main are extended to Gervais Avenue. The area not being developed in the first .phase shall be shown as an outlot. (b) A developer's agreement shall be submitted with the required surety for all public improvements needed to serve the first phase and to guarantee the removal of any truck farm structures in vio- lation of setback requirements. This agreement shall include the submission of a temporary 108-foot diameter cul-de-sac easement to the ' City and construction of a 100-foot diameter temporary cul-de-sac. The bulb of the cul-de-sac shall be constructed to the east line of Lot Three, B1ock~Two. (c) Fire flows in proposed S4iggler Drive must meet the fire code. 5. P9iggler Drive shall be a sixty-six foot wide right-of-way. 6. "Miggler Drive" shall be renamed "Brooks Avenue." 7. City Engineer approval of final grading, drainage and utility plans. Seconded by Councilmember Wasilulc. Ayes - all. I. NEW BUSINESS 1. Disposal of Excess Land a. Director of Public Works Haider presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: - 7 - 9/22 86-9- 174 BE IT RESOLVED BY THE MAPLEWOOD, MINNESOTA, CITY COUNCIL that the Staff is directed to dispose of the excess City-owned property located generally at the intersection of Century Avenue and the Chicago-Northwestern Railroad. Seconded by Councilmember Bastian. Ayes --al L 2. Joint Council/Planning Commission Pdeeting a. Councilmember Bastian moved to set a joint City Council/Planning. Commissioner meeting for 7:00 P.M., October 9, 1986. Seconded by Councilmember T9asiluk. Ayes - all. 3. 7:10 P.M., Easement~Vacation : Edgerton Highlands a. Mayor Greavu convened the meeting for a public hearing regarding the vacating of several unnecessary drainage and utility easements. b. Director of Community Development Olson presented the Staff report. c. Attorney representing the applicant, spoke on behalf of the request. d. Mayor Greavu called for persons who wished to be heard for or against the proposal. None were heard. e. Mayor Greavu closed the public hearing. f. Councilmember Wasiluk introduced the following resolution and moved its ' adoption: 86 - 9 - 177 47HEREAS, Edgerton Highlands Limited Partnership initiatedproceedings to vacate the public interest in the following-described easements: Utility and drainage easements as set forth on the plat of F,dgerton Highlands dated August 16, 1966, recorded August 29, 1966, except: 1. Those contained in Lot 2, Block 4; and 2. Easement on file and of record with the Ramsey County Recorder's Office as Document No. 1683502, described as follows: Commencing at a point on the West line of said Lot 3, Block 3, 25 feet North of the Southwest corner of said Lot; thence in an Easterly direction and parallel with theSouth line of said Lot 3, a distance of 235 feet, more or less, to the Easterly line of said Lot 3, thence . at right angles in a Northerly direction along the Easter- ly line of said Lot 3, a distance of 20 feet; thence at right angles in a Westerly direction, parallel with the South line of said Lot 3, a distance of 235 feet, more or - 8 - 9/22 less, to the Westerly line of said Lot 3; thence in a Southerly direction along said Westerly line of said Lot 3, a distance of 20 feet to the point of beginning. WHEREAS, the procedural history of this vacation is as follows: 1. A majority of the owners of property abutting said easements have signed a petition for this vacation. 2. This vacation was reviewed by the Planning Commission on Sep- tember 15, 1986. The Planning Commission recommended to the City Council that this vacation be approved. 3. The City Council held a public hearing on September 22, 1986, to consider this vacation. Notice thereof was published and mailed pursuant to law. All persons present at this hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City_ Staff and Planning Commission. WHEREAS, upon vacation of the above-described easements, public interest in the - property will accrue to the following-described abutting properties: Lot 1-3, Block 2 and Lots 1-3, Block 3, Edgerton Highlands. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that it is in the public interest to grant the above-described vacation on the basis of the following findings of fact: 1. No public utilities have been or will be constructed within these easements. 2. Gas, electric, telephone and cable television lines. to this property do not service any other .property. Easements are not necessary for such lines. Seconded by Councilmember Bastian. Ayes - all. Councilmember Bastian moved to waive the Rules of Procedure and add the following items to the Agenda: _ 13. Budget Review 14. Reconsideration Seconded by Mayor Greavu. Aves - all. J. VISITOR PRESENTATION 1. Mr. Al Galbraith a. Mr. Galbraith, 1770 Edward Street, stated the Gloster Park soccer field was being graded with a "crown" and he believes it should be flat. b. Council directed Staff to investigate and complete the field as necessary. - 9 - 9/22 COUNCIL PRESENTATIONS 1. Maple Green Drainage a. Councilmember Bastian stated he had received calls that the Maple Green drainage pond had overflowed. b. Staff to investigate. 2. Council Room a. Councilmember Bastian requested the City Manager to prepare a list of furniture needed for the Council office/room. 3. Gloster Park a. Councilmember Wasiluk instructed Staff to compromise on the height of the "crown" on the soccer field at Gloster Park. 4. Frost Avenue a. Councilmember Juker requested that the striping on Frost Avenue be clarified. She also commented on the location of the speed zone sign in front of Richards. b. Director of Public Safety Ken Collins explained the "striping". 5. Cope Avenue a. Councilmember Juker questioned when the sand on Cope Avenue was going to be picked up. b. Staff stated the work had begun today. 6. Parking a. Councilmember Juker questioned if parking at City Hall had been allocated as yet. b. Staff stated the westerly lots were for employees, the east lot was for visitors and the parking in front of the building for Staff and Staff cars. 7. Identification Tags a. Councilmember Juker stated all employees and Councilmembers should have picture I.D.'s so they can be'shown when entering the building as the dis- patchers do not know everyone. b. Staff has already contacted several agencies and will submit a report. 8. Developers - Staff Meeting a. Councilmember Juker requested this matter be placed on an Agenda. - 10 - 9/22 9. Empty Houses a. Councilmember Jukes questioned if there is an ordinance governing empty houses and their problems. Councilmember Bastian stated people are reo_orted to be living in a garage on Clarence. b, Staff will investigate. 10, Castle Avenue - a, Councilmember Jukex questioned if anyone had notified the Hvdson Map Company and the-school-distxi,ct regarding the inaccurate street name fox Castle Avenue. b. Staff will handle. 11, Budget P.eVl.ews Councilmember Bastian instructed Director of Public Safety Collins to obtain more detail from the Fire Departments regarding their budgets. 12, Reconsideration a, Councilmember Bastianmovedreconsderation of thedecision Teaarding the. request of Allen Metcalf to deferor reduce his assessments. Seconded by Councilmember Jukes. Ayes - Councilmembers Bastian, Jukes and i^]asiluk Nay ~ Mayor Greavu. L, ADMINISTRATIVE PP,ESENTATIDNS ~ ' 1. Long Term Disability a. Councilmember Bastian moved to renewthe present contractfor long-term disability with Canada Life Assurance Company at a cost of $1.23per one hundred. Seconded by Mayor Greavu. Ayes - all. 2. Transit Committee Meeting a. City Nanager Lais commented on the Transit Committee Meetina. M. ADJOURNMENT 9,35 P,M. City Clexk - 11 - 9/22