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.
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_ 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:
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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:
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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.
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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.
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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,
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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.
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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:
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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
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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.
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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.
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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
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