HomeMy WebLinkAbout11.10.86 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.P1., Monday, November 10, 1986
Council Chambers, Municipal Building
Meeting No. 86-30
A. CALL TO ORDER
_ A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council
Chambers, Punicipal 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 TA. Bastian, Councilmember Arrived at 7:09 P.M.
Frances L. Joker, Councilmember Present
Charlotte Wasiluk, Councilmember Present
C. APPROVAL OF MINUTES
1. Meeting No. 86-27 (October 13, 1986)
Councilmember Anderson moved to approve the Minutes of Aleeting No. 86-27 (October
13, 1936) as submitted.
Seconded by Councilmember Joker. Ayes - all.
2. rgeeting No. 86-28 (October 27, 1986)
Councilmember Wasiluk moved to approve the Minutes of Meeting No. 86-28 (October
27, 1986) as corrected:
Page 16, Item K-4 7:30 P.M. not 8:30 P.P4.
Seconded by Councilmember Anderson. Ayes - all.
3. Meeting No. 56-29 (November 3, 1986)
Councilmember Joker moved to approve the Minutes of Meeting L~Io. 86-29 (November
3, 1986) as submitted.
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers
Anderson, Bastian and Joker.
Councilmember Wasiluk abstained.
D. APPROVAL OF AGENDA
Councilmember 4lasiluk moved to approve the Agenda as amended:
1. William Pipe Line
2. Retirement Insuran ce
3. H-1 to become I-$
4. Change Order - I-9
5. Delete I-2
Seconded by Mayor Greavu. Ayes - ill. 11/10
CONSENT AGENDA
Mayor Greaw moved, seconded by Councilmember Juker, Ayes - all to approve the Con-
sent Agenda asrecommended:
1. Accounts Payable
Approved the accounts, Part I - Fees,Services and Expenses Check register
dated October 30, 1986, through Dlovember 3, 1986 - $615,726.04; Part II,
Payroll dated 10-31-86 in the gross amount of $127,681.42.
F. PUBLIC HEARINGS
None.
G. AWARD OF BIDS
None.
H. UNFINISHED BUSINESS
1. City Manager Evaluation
Discussed under Item I-8
2. Preliminary Plat and Variances - Bossard Addition
a. Director of Community Development Geoff Olson presented the Staff report.
b. Mr. Bill Bossard, the developer, spoke on behalf of the proposal.
c. Mrs. Kate Fulk, daughter of the former owners of the property, Peter Moritz,
stated it was the understanding when the property was sold the house would be
removed.
d. Mayor Greavu called for persons who wished to be heard for or against the
proposal. The following were heard:
George Rossbach, 1406 E. County Road C
Fran Ronstad, daughter of Peter Moritz
Ray Pogue, 1516 E. Cope
e. Mayor Greaw closed the public hearing.
f. Councilmember [~Jasiluk moved to approve the preliminary plat and variance-
for the Bossard Addition as requested.
Seconded by Mayor Greaw.
Councilmember Bastian moved thatthe previous motion~be separated and be
voted on individually.
Seconded by Councilmember Juker. Ayes - all.
g. Councilmember Wasiluk moved approval of the Bossard Addition preliminary
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plat subject to the following conditions being met before final plat approval:
1. Payment of cash connection charges for water and sewer service.
2. City Engineer approval of final grading, utility and drainage
plans. A developer's agreement shall be submitted, with the
required suret~p, for the utility connections and street restora-
tion.
3. Removal of all accessory structures.
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers
Bastian and Wasiluk
Nays - Councilmembers Anderson and
Joker
h. Councilmember Wasiluk introduced the following resolution and moved its
adoption:
86 - 11 - 196
WHEREAS, S9illiam Bossard applied for corner lot variances for the
following-described property:
This property is also known as 2291 Hazelwood Avenue, Maplewood;
WHEREAS, Section 30-8 (f) of the Maplewood Code of Ordinances requires
at least 100 feet of corner lot width;
WHEREAS, the applicant is proposing 95 feet of width, requiring a Vari-
ante of five feet for each lot;
WHEREAS, the procedural history of this variance is as follows:
1. These variances were reviewed by the Maplewood Planning Commission
on October 6, 1986. The Planning Commission recommended to the
City Council that said variances be approved.
2. The Maplewood City Council held a public hearing on November 10,
1986, to consider these variances. 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 oansidered reports and recommendations of the City
Staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE P4APLEWOOD CITY COUNCIL that the above-
described variances be approved on th~i basis of the following findings of fact:
1. Strict enforcement would cause undue hardship because of circum-
stances unique to this property because:
a. Denying the variances would result in lot sizes that are
unreasonably larger than the code requires and that exist in
the neighborhood.
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b. The plight of the landowner is due to circumstances unique to
this property, that were created by the previous platting.
c. The variances would not alter the essential character of the
neighborhood and would result in corner lots that exceed the
width of others in the neighborhood.
2. The variances would be in keeping with the spirit and intent of the
ordinances.
3. The City has approved similar variances in the past.
The variances are conditioned on sodding Lot Six tobe compatible with
adjacent lots.
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers
Bastian and Wasiluk
Nays - Councilmembers Anderson and
Juker.
i. Councilmember Wasiluk moved to approve a variance for rear yard setback
of 19 feet.
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmember
Wasiluk
Nays - Councilmembers Anderson, Bastian and---.
Juker
Motion defeated.
3. New City Hall Dedication
a. Councilmember Juker moveda budget transfer from the contingency fund in the
_ amount of $2300.00 for the City Hall dedication ceremonies.
Seconded by Councilmember I9asiluk. Ayes - all.
I. NEW BUSINESS
1. Conditional Use Permit Renewal - 1810 E. County Road B (Fulk)
a. Director of Community Development Olson presented the Staff report.
b. Mr. Roger Fulk, the applicant, spoke on behalf of the proposal and re-
quested his hours of operation be from 5:00 A.M. to 10:00 P.M.
c. Councilmember Bastian moved to approve the renewal of the conditional
use permit for Roger Fulk, 1810 E. County Road B, to locate`: an M-1 use
within 350 feet of a residential zone for a one-year period and also moved
that the applicant can revise his hours of operation from 5:00 A. M. to 10:00
- P.M. with a review at the end of one year.
Seconded by Councilmember Juker. Ayes - all.
2. P.U.D. Reapplication Larpenteur and McKnight (4 Votes)
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Deleted from Agenda.
3. Community Design Review Board Appeal Wendy's
a. Director of Community Development Olson presented the Staff report.
b. Bill Baumeister, Attorney representing SQendy's, spoke regarding the
proposal.
c. Mayor Greavu moved that there be ingress and egress on P7kiite Bear Avenue
for Wendy's subject to the Community Design Review Board recommendations.
Seconded by Councilmember.Bastian.
Councilmember Bastian moved to amend the motion and include a stipulation
that the ingress and egress shall be subject to a six-month review.
Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson, Bastian,
Juker and t4asiluk.
Nay - Mayor Greavu.
Voting on original motion Ayes - Councilmembers Anderson, Bastian,
Juker and S9asiluk.
Nays - Mayor Greavu.
4. Burlington Northern Corridor
a. Mayor Greavu introduced the following resolution and moved its adoption:
86 - 11 - 197
WHEREAS, the Burlington Northern corridor presents a unique opportunity
for local and regional transportation or recreational use;
WHEREAS, the ultimate use of this corridor will not be known for many
years; and
WHEREAS, the corridor will have to be purchased soon to preserve it.
NOW, THEREFORE, BE IT RESOLVED that Maplewood favors acquisition of the
corridor in such a way that as many options as possible are kept open.
_ NOS9, THEREFORE, BE IT FURTHER RESOLVED that regardless of the eventual use
of the corridor, the City supports the following acquisitions:
1. Existing street crossings (City and County).
2. New street crossings north of Beam Avenue, at Gervais Avenue and
at Kuhlman Avenue (City).
3. Highway 36 interchange (MnDOT).
4. Soo line trail crossing.
5. A trail crossing between Clarence Street and Harvest Park (City).
6. The cross-over corridor to the Soo Line for a new fire station (City).
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Seconded by Councilmember Wasiluk. Ayes - all.
b. Councilmember Bastian moved Charlotte tdasiluk as Maplewood's representative
to the Committee studying the Burlington Northern corridor.
Seconded by Mayor Greavu. Ayes - all.
5. Joint Powers Agreement - I.S.D. 622
a. Mayor Greavu moved to approve the Joint.POwers Agreement for recreational
facilities between Independent School District #622 and Maplewood as presented.
Seconded by Councilmember Anderson. Ayes - all.
6. 1980 Greenbrier
a. Mrs. Kathy Juenemann, 721 Mt. ~rnon, spoke in regards to the condition of
the house at 1980 Greenbrier.
b. Council directed Staff to review the situation and how the City Ordinances
would apply and report back.
7. Code Amendment Wood Storage
a. Councilmember Bastian moved first reading of an ordinance regulating fire- ~
wood storage.
Seconded by Councilmember Anderson. Ayes - all.
8. City Manager Evaluation
a. Councilmember Juker moved to accept the resignation ofDonald L. Lais as
City Manager.
- Seconded by Councilmember Anderson.
b. Mayor Greavu read letters of support from the following:
Irene Gonzagowski
A.F.S .C.M.E.
Pauline Staples
c. Mrs. Kathy Juenemann, 721 Mt. Vernon, questioned the Council regarding
the hiring and now the firing of the manager.
d. Councilmember Juker revised her motion:
Councilmember Juker moved to accept the resignation of Donald L. Lais as
City Manager of Daplewood effective November 10, 1986, with the following
provisions:
Paragraph No. 1 to remain as is
Clause No. l: Severance pay under the February 5, 1986 Council memoran-
dum shall be provided on a bi-weekly basis until June 28, 1987.
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Clause No. 2: Rights to continue hospitalization shall be governed by State Statue
No. 62.A17 as amended.
Clause No. 3: Waive any other claims of termination pay as listed under the
Februazy 5, 1986 Council memorandum.
Clause No. 4: Waive the City's contribution to buy back P.E.R.A. as stated in
Council memorandum dated February 5, 1986.
Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson, Bastian,
Joker and Wasiluk
Nays -Mayor Greavu.
9. Change Order -Hudson Place/Crestview Drive Project No. 85-07
a. Director of Public Works Ken Haider presented the Staff report.
b. Councilmember Anderson introduced the following resolution and moved its
adoption:
86-11-198
WHEREAS, The City Council of Maplewood, Minnesota, as heretofore ordered
made Improvement Project 85 - 07, Crestview Drive-Hudson Place Water Main and has
let a construction contract therefore pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Improvement Project 85 - 07, Change Order 1, bituminous curb placement,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA, that the Mayor and Clerk aze hereby authorized and'
duetted to modify the existing contract by executing said Change Order 1.
Seconded by Councilmember Joker. Ayes - Councilmembers Anderson, Bastian,
Joker and Wasiluk.
Mayor Greavu abstained.
J. VISITOR PRESENTATION
None.
K. COUNCIL PRESENTATIONS
1. William's Pipeline
a. Councilmember Anderson questioned if the William's Pipeline Company do a
pressure test on the lines in Maplewood.
2. Retirement Insurance
a. Councilmember Anderson requested a report from Staff regarding retiree's medical
insurance.
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3. Dog Ordinance
a. Councilmember Anderson requested a review of the dog ordinance relating to the
definition of when a dog is declared dangerous.
4. American Flag
a. Councilmember Anderson presented the City a Flag to be used on the main flagpole
outside of City Hall.
L. ADMINISTRATIVE PRESENTATION
None.
M. AD7OLJRNMENT
10:55 P.M.
City Clerk
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