HomeMy WebLinkAbout12.08.86 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, December 8, 1986
- Council Chambers, Municipal Building
Meeting No. 86-33
A. CALL TO .ORDER
A regular meeting of the City Council of P4aplewood, Minnesota, was heldin the Council
Chambers, Municipal Building, and was called to order at 7:04 P.M. by Mayor Greavu.
B. ROLL CALL
I
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
Frances L. Juker, Councilmember Present
Charlotte Wasiluk, Councilmember Present
C. APPROVAL OF MINUTES
None.
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the Agenda as amended:
1. Lakewood Drive Street Lights
2. Recycling
3. Court System
4. Group W - Public Works
5. Highway 120
6. 3-M Company
7. Mayor
8. Signs
9. E-A 2, Garbage Recycling Demonstration Project
10. Open House
11. Add I-13, Skating Rink - Glacier Park
12. Add I-14, Peace on Earth Resolution
13. Architect Fees
14. Delete Item E-3
15. Delete Item I-6
Seconded by Councilmember Bastian. Ayes - all.
E. CONSENT AGENDA
Mayor Greavu moved, secondedby Councilmember Bastian, Ayes - all, to approve the
Consent Agenda Items 1 through 6 as recommended:
12/8
1. Accounts Payable
Approved the accounts, (Part II - Payroll dated November 26, 1986, in the
amount of $135,653.93) as recommended.
2. Final Plat Barclay Addition
Approved the final plat of Cave's Barclay Addition for 29 single dwelling
lots.
3. Final Plat Highwood Addition
Deleted from Agenda.
4. Final Plat Tilsen's Maplewood Heights No. 14.
Approved Robert Tilsen's Maplewood Heights No. 14 Addition final plat.
5. Utility Acceptance Project 85-15
Resolution No. 86 - 12 - 205
WHEREAS, the City Council of Maplewood, Minnesota, has heretofore
entered into a Contract for Public Improvements for City Project No.
85-15, described as Maplewood Hills Quads with the developer, Good
Value Homes, Inc., and,
WHEREAS, said Project has been certified as completed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that the project is completed and the utilities are hereby
accepted as apart of the distribution systems.
6. Licenses, C.N.W. Railroad Project 86-03B
Resolution No. 86 - 12 - 206
t~Si-SEREAS, the Council has ordered made City Project 86-03, Water
Service District No. 6 Improvements, Trunk Water Mains portion, and
WHEREAS, the approved project plans call for construction of
water main and a storm sewer culvert within the Chicago and North-
western Transportation Company right-of-way, and
WHEREAS, said company requires a construction agreement with
all right-of-way users,
NOS9, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
That the construction agreement with the Chicago and Northwestern
Transportation Company is hereby approved for execution by the Mayor
and City Clerk.
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°-A 1. ST. PAULEAST METRO ECONOMIC DEyELOPMENT COUNCIL
_ a. Mr. Ken Kixmoeller, St. Paul Chamber of Commerce, presented a formal request
for the City of Maplewood to become a partner in the St. Paul East Metro Economic
Development (SEED) Council, a joint venture of the Chambers of Commerce and.muni-
cipalities in the eastern half of the Twin Citiesmetropolitan area for economic
development promotion.
b. Councilmember Anderson moved to provide financial support to the joint venture
at a rate of $2500 per year.
Seconded by Councilmember Bastian. Ayes - Mayor Greavu, Councilmembers
Anderson, Bastian and Wasiluk
'I~
Nays - Councilmember Juker
E-A 2, GARBAGE RECYCLING DEMONSTRATION PROJECT.
a. Mr. Chuck Wi ger, Metropolitan Council, explained the Garbage Recycling Demon-
stration Project as being proposed by the Metropolitan Council.
F. PL7BLIC HEARINGS
1. 7:00 P.M., Preliminary Plat (doodlynn:Heiahts Townhomes No. 2
a. Mayor Greavu convened the meeting for a public hearing regarding a request
of Mr. Mack Nettleton for preliminary plat approval for four town house lots,
an outlot for the common driveways and three large remnant parcels for future
development.
b. Director of Community Development Geoff Olson presented the Staff report.
c. Mr. Mack Nettleton, the Developer, spoke on behalf of his proposal.
d. Mayor Greavu called for proponents. None were heard.
e. Playor Greavu called for opponents. None were heard.
f. Mayor Greavu closed the public hearing.
- g. Councilmember Bastian moved to approve the Woodlynn Heights Townhomes No. 2
preliminary plat, subject to compliance with the following conditions before
application for final plat approval:
1. City Engineer approval of a grading and drainage plan for the
entire property. The plan shall also provide dikinga.as:.needed:a~lnng
the north property line to prevent over-land flowage from a break in
the pipeline.
2. All of Lots 2 - 7 and as much of Lot 1 as is necessary for effective
drainage of Lots 2 - 7 shall be graded according to the approved
grading plan or a developer's agreement shall be entered into with
the required surety, to guarantee completion of this grading.
- 3 - 12/8
3. A developer's agreement shall be entered into, with the required
surety, that includes, but is not limited to, restoration of Woodlynn
Avenue following connection to public utilities.
4. A 20-foot wide drainage easement shall be centered on the common lot
line for Lots One and Two.
5. The City shall approve the homeowner's association bylaws and rules
to assure that there will be one responsible party for the mainte-
nance of the on-site private utilities and driveways.
6. A written statement shall be submitted to the City from NSP and
Amoco authorizing the grading proposed in the approved grading plan.
7. Sidewalks will be required along Woodlynn Avenue with any future
platting.
Seconded by Councilmember S9asiluk. Ayes - all.
2. 7:10 P.M.,Variances and Plan Review 1918 Beam Avenue - Pier I Imports
a. Mayor Greavu convened the meeting for a public hearing regarding the
request of The Shopping Center Group regarding approval of two parking space
variances, a parking lot setback variance, and approval of design plans for
an addition on the rear of the building and remodeling of the front.
b. Director of Community Development Olson presented the Staff report.
c. Mayor Greavu called for proponents. The following were heard:
Mrs. Jean Murdock, representing Best Buy Company who is leasing the
building to Pier I Imports. -
d. Mayor Greavu called for opponents. The following were heard:
Mrs. Jordan, 1905 Radatz
e. Mayor Greavu closed the public hearing.
f. Councilmember Anderson moved denial of the variances and plan review as
presented by the Shopping Center Group.
Seconded by Councilmember Juker. Ayes - all.
G. AWARD OF BIDS
None.
H. UNFINISHED BUSINESS
1. Conditional Use Permit Revision 831 No. Century Avenue
a. Director of CommunityDevelopment Olson presented the Staff report.
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b. Councilmember Bastian introduced the following resolution and moved its -
adoption:
86 - 12 - 207
WHEREAS, George Dege initiated a conditional use permit revision for a
parking lot, outdoor sales area and residential garage in an R-1 zone at the
following-described property:
Lots 31 and 32, Block 1, Cahanes Acres
This property is also known as 831 North Century Avenue, Maplewood;
- WHEREAS, the procedural history of this conditional use permit is as
follows:
1. This conditional use permit revision was initiated by George Dege,
pursuant to the Maplewood Code of Ordinances.
2. This conditional use permit revision was reviewed by the Maplewood
Planning Commission on November 17, 1986. The Planning Commission
recommended to the City Council that said permit be approved.
3. The Maplewood City Council held a public hearing on November 24,
1986. 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 recommendations of the City Staff and Planning Commission.
4. The City Council gave preliminary approval to the conditional use
permit, except for the residential garage, on November 24 and
tabled final action until December 8, 1986, to have the resolution
revised.
NOW, THEREFORE, BE IT RESOL~~F'D BX THE MAPLEWOOD CITY COUNCIL that the 1971
conditional use permit for an off-street parking lot is renewed and revised
to allow an expansion of the parking lot from 28 to 33 spaces and an indoor/
outdoor sales area under the approved canopy and fenced area, the residential
garage is denied, on the basis that a garage is not 'parking' as envisioned
in the original conditional use permit and is, therefore, beyond the scope of
a nonconforming use. Approval of the permit is based on the following find-
ings:
1. The use is in conformance with the City's comprehensive plan and with
the purpose and standards of the zoning code. The parking lot and
outdoor sales are nonconforming uses. The parking lot is needed to
comply with City parking requirements.
2. The establishment or maintenance of the use would not be detrimental
to the public health, safety or general welfare.
3. The use o!ould be located, designed, maintained and operated to be
compatible with the character of that zoning district.
- 5 - 12/8
4. The use would not depreciate property values.
5. The use would not be hazardous, detrimental or disturbing to
present and potential surrounding land uses, due to the noises,
glare, smoke, dust, odor, fumes, water pollution, water run-off,
vibration, general unsightliness, electrical interference or
other nuisances.
6. The use would generate only minimal vehicular traffic on local
streets and shall not create traffic congestion, unsafe access
or parking needs that will cause undue burden to the area prop-
erties.
7. The use would be seruiced by essential public services, such as
streets, police, fire protection, utilities, schools and parks.
8. The use would not create excessive additional requirements at
public cost for public facilities and services; and would not be
detrimental to the welfare of the City.
9. The use would preserve and incorporate the site's natural and
scenic features into the development design.
10. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. The site plan submitted by PAr. Dege on October 27, 1986, except
for the garage, shall be considered as part of this permit. Any
change must be approved by the Community Design Review Board.
2. The parking lot may only be used for parking for the garden center
building.
3. No commercial use for sale, storage, display or advertising signs
of garden materials, plants, or any other kinds of goods shall be
allowed anywhere on the legally described property to which this
conditional use permit is issued, except under the approved canopy.
The canopy shall not be enclosed. Sales shall be limited to nur-
sery plants and covering straw from April through September. LSo
other type of sales or storage shall be a]L!s~wed.
4. No portion of this site shall be used for truck or trailer storage.
5. Review, renewal or revocation of this permit shall be in accordance
with City code.
6. Any trees on the site that die must be replaced.
7. No exterior lighting or speakers shall be allowed.
Seconded by Councilmember t9asiluk. Ayes - Mayor Greavu, Councilmembers
Anderson, Bastian and T^lasiluk
Nays - Councilmember Juker.
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c. Council referred the question of the City participating in the costs to
remove the garage to the legal staff.
I. NET4 BUSINESS
- 1. Conditional Use Permit County Road C (N.P7. Bell)
a. Director of Community Development Olson presented the Staff report.
b. Mr. BobDokken, Real Estate, stated a two year time extension is needed.
c. Mayor Greavu moved to approve a two year time extension for the condi-
tional use permit to construct a telephone equipment building owned by
Northwestern Bell Company to be located on County Road C east of Keller
Parkway.
Seconded by Councilmember Anderson. Ayes - all.
2. Time Extension Beaver Creek Apartments
a. Director of Community Development Olson presented the Staff report. -
b. Mr. Ken Gervais, Castle Design, spoke on behalf of the request.
c. Councilmember Bastian introduced the following resolution and moved its
adoption:
86 - 12 - 208
RESOLUTION GRANTING AN EXTENSION
REGARDING THE DISBURSEMENT DATE
IN CONNECTION T~TITH
A MULTIFAMILY RENTAL HOUSING DEVELOPMENT,
PlHERF.AS ,
(a) The City of Maplewood, Minnesota (the "City") issuedits Variable
_ Rate Demand Purchase Multifamily Housing Revenue Bonds, Series 1985 (Beaver
Creek Apartments Limited Partnership Project) in the principal amount of
$8,500,000 on December 27, 1985 (the "Bonds"), in connection with which the
City ente reed into an Indenture of Trust (the "Indenture") dated as of Decem-
ber 1, 1985, by and between the City and First Trust Company, Inc., as Trustee,
and a Loan Agreement (the "Loan Agreement") dated as of December 1, 1985, be-
tween the City and Beaver Creek Apartments Limited Partnership (the "Borrower");
(b) The proceeds of the Bonds were loaned to the Borrower for the acqui-
sition, construction and equipping of a multifamily housing development (the
"Project") approved by the City, all as further described in the Indenture and
the Loan Agreement;
(c) Section 3-1(8) of the Indenture requires that the Disbursement Date
must occur on or prior to December 1, 1986, unless the City, at the request of
the Borrower, extends such date at the request of the Borrower and upon receipt
by the City and the Trustee of an opinion of Bond Counsel to the effect that
such extension will not adversely affect the tax exempt status of the Bonds;
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(d) The Borrower has requested, pursuant to a Request for Extension
attached as Exhibit A hereto, that Disbursement Date be extended by the
City, as Issuer of the Bonds, from December 1, 1986, to June 1, 1987; and
(e) Briggs and Morgan, Professional Association, Bond Counsel, h~.s ad-
vised the City and rendered an opinion, attached as Exhibit B hereto, that
granting such extension for the extension of the Disbursement Date will not,
by itself, adversely affect the tax exempt status of the Bonds.
NOtV THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD,
MINNESOTA, as follows:
1. Pursuant to Section 3-1(B) of the Indenture, the Cityhereby approves
the Request for Extension and extends the Disbursement Date from December 1,
1986, to no later than June 1, 1987.
Adopted by the City Council of the City of Maplewood, Minnesota, this
8th day of December, 1986.
EXEiIBIT A
$5,500,000 City of Maplewood Variable Rate
Demand Purchase Multifamily Housing Revenue Bonds,
Series 1985 (Beaver Creek Apartments Limited Partnership Project)
Beaver Creek Apartments Limited Partnership (the "Borrower"), hereby
requests, pursuant to Section 3-1(8) of that certain Indenture of Trust
dated as of December 1, 1985, by and between First Trust Company, Inc.,
and the City of Maplewood and Section 3.01(1) of that certain Loan Agree-
ment dated as of December 1, 1985, between the City and the Borrower, that
the Disbursement Date (as defined in the Indenture) be extended from De-
cember 1, 1986 to June 1, 1987. Attached hereto as Exhibit A is an opinion
of Bond Counsel dated June 30, 1986, stating that such extension will not
adversely affect the tax-exempt status of the Bonds.
Seconded by Councilmember Anderson. Ayes - all.
3. Budd Kolby 2nd Addition Petition - Project 86-33
a. Acting City Engineer Chuck Ahl presented the Staff report.
b. Councilmember Anderson moved to proceed with Project 86-33 and placed
the item on the December 22, 1986 Agenda.
Seconded by Councilmember Bastian. Ayes - all.
4. P.U.D. Reapplication Larpenteur and McKnight
a. D4r. Gary Gandrud, attorney representing the developer, George N. Nelson,
Jr., spoke on behalf of the request for Council to reconsider their action
to deny the P.U.D.
b. Mr. Nelson also spoke.
c. Mr. George Rossbach, 1406 E. County Road C, presented his views.
d. Councilmember Bastian moved to reconsider the request for a planned unit
- 8 - 12/8
development that would include motor fuel sales at the northeast corner of
Larpenteur and McKnight. -
Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers
Anderson, Bastian and Wasiluk
Nays - Councilmember Juker.
e. Council referred to Staff for clarification of the ordinance regarding
reapplying for P.U.D.'s.
5. Budget Transfer Signs
a. Acting City Manager Haider presented the Staff report.
b. Councilmember Anderson moved to approve a budget transfer of $3,100.00
from the unappropriated general fund balance to Account O1-4730-10 (building
fund) for the following City Hall signs:
Office door
Lobby directory
Counter identification signs
Parking space signs for the front row of parking
An exterior "Police After Hours" directional sign
An "Hours" sign on the front glass
A dot between "City Hall" and "Police" over the front door
Seconded by Mayor Greavu. Ayes - all.
6. Contract Negotiations Computer System
Deleted from Agenda -
7. Ordinance to Increase Sewer Rates (1st Reading)
a. Councilmember Anderson moved first reading of an ordinance to increase the
sewer rates.
Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu, Councilmembers
Anderson, Bastian and P7asiluk.
Najcs - Councilmember Juker
8. Budget Transfer Emergency Services
a. Acting Manager Haider presented the Staff report.
b. 2Aayor Greavu moved to approve the budget transfer of $4,052.50 from the
Unappropriated General Fund Balance to cover the Cost of remodeling 1902 E.
County Road B - Emergency Services location.
Seconded by Councilmember LPasiluk. Ayes - all.
9. Pipeline Safety Resolution
- 9 - 12/8
a. Councilmember Juker introduced the following resolution and moved its
adoption:
i
86 - 12 - 209
WHEREAS, the recent rupture and explosion of a gasoline pipeline in
Moundsview, Minnesota, has demonstrated the potentially hazardous condi-
tions o£ underground pipeline transportation of volatile petroleum products
through the residential, commercial and industrial areas of the nation's
cities; and
WHEREAS, there are millions of miles of liquid .petroleum and natural gas -
pipelines throughout the nation which receive inadequate federal monitoring
- or inspection; and _
WHEREAS, current federal law appears to pre-empt state and local authority
to regulate the operation, monitoring, transport, and safety of such interstate
pipelines; and
WHEREAS, federal legislation has been introduced to establish a community
right-to-know policy with respect to substances transported through such pipe-
lines and require the use of monitoring and valve techniques for both new and
old pipelines to detect leakage grid assure automatic shutdown in the case of
such incidents; and
NOW, THEREFORE, BE IT RESOLVED, BY THE M1IPLET900D, MINNESOTA, CITY COULdCIL,
that the National League of Cities should strongly support federal legislation
to amend the Liquid Pipeline Safety Act of 1979 and the Natural Gas Pipeline
Safety Act of 1968 to require more stringent testing procedures; increased
community notification; installation of automatic shut-off valves on all
pipelines; and strengthening construction and safety standards of new pipelines
proximate to residential, hospital, nursing home, school or correctional faci-
lities or other permanently inhabitedfacility, including minimum distance re-
quirements.
Seconded by Mayor Greavu. Ayes - all.
10. Early Retirement Health Insurance.
- a. Councilmember Anderson moved to refer this item to the legal staff.
Seconded by Councilmember Wasiluk. Ayes - all.
11. Authorization to Fill Police Department Vacancies
a. Acting Manager Haider presented the Staff report.
b. Mayor Greavu moved to authorize the Public Safety Department to fill
the following vacancies.
1. Full-time police officer
2. Part-time police officer
3. Full-time dispatcher
4. Part-time clerk.
- 10 - 12/8
Seconded by Councilmember Wasiluk. Ayes - all.
12. Authorization to Redistrict Precinct Boundaries
a. Acting Manager Haider presentedthe Staff report.
b. Mayor Greavu introduced the followinq resolution and moved its adoption:
86 - 12 - 210
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
RESOLUTION AUTHORIZING THE CHAP7GE IN BOUNDARIES OF THOSE ELECTION
PRECINCTS CURRENTLY IDENTIFIED AS PRECINCTS 5, 6, 7 and 11
WHEREAS, the City Council is empowered by Minnesota Statutes ~ 204B.14
to change the boundaries of election ,precincts from time to time; and
WHEREAS, notice of the change shall be posted in the office of the
- Maplewood City Clerk for at least sixty (60) days prior to the effective
date of change; and
WHEREAS, the Maplewood City Clerk shall notify each affected registered
voter of the change in election precinct boundaries at least thirty (30)
days prior to the first election held after the change takes effect; and
WHEREAS, the Maplewood City Clerk shall prepare maps showing the new
boundaries of election precincts and file such maps with the County Auditor,
the Secretary of State and with the State Planning Director; and
WHEREAS, any changesin election precinct boundaries shall follow visible,
clearly recognizable physical features specifically streets.
NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF PAAPLEWOOD,
that those election precincts identified as 5, 6, 7 and 11 shall have their
- boundaries changed and create two new precincts so as to reflect the best
interests of the community.
Seconded by Councilmember Anderson. Ayes - all.
- 13. Glacier Rink
a. Councilmember Bastian moved to approve the lease with Glacier Park Company
from December 1, 1986, through April 30, 1987, for the northwest corner of
Frisbie Avenue and English Street for the rental fee of $1.00 to be used as
a pleasure sY.ating rink.
Seconded by Councilmember Wasiluk. Ayes - all.
14. "Peace on Earth" Resolution
a. Councilmember Bastian introduced the following resolution and moved its
adoption:
- 11 - 12/8
86 - 12 - 211
CITY OF MAPLEWOOD
STATE OF MINNESOTA
WHEREAS, Peace on Earth should be the major concern of all nations and
all people of the world, and
WHEREAS, Peace on Earth can be achieved only through the continuing
efforts of all people, and
WHEREAS, the peace and prosperity that we each cherish should be
shared with all other people of the owrld, and
WHEREAS, the holdiay season provides us with a special opportunity to
- express love and concern for others, and
WHEREAS, the students and faculty of Tartan High School, through their
Holiday Band Concert "Peace on Earth", are making a contribution toward Peace.
NOW, THEREFORE, in recognition of their efforts and in order to further
promote this important endeavor, the Mayor and Council of the City of Maple-
wood, on behalf of the Citizens of Maplewood,
HEREBY PROCLAIM DECEMBER 15, 1986, AS PEACF. ON EARTH DAY within the City
- of Maplewood and encourage every person in the community to contribute in
their own way toward Peace in the world.
Seconded by Councilmember Wasiluk. Ayes - all.
J. VISITOR PRESENTATIONS
1. Mrs. Kathy Juenemann
a. Mrs. Juenemann, 762 Mount Vernon, questioned when the recycling center
would be completed? She had thought it was to be finished by Fall of 1986.
b. Staff stated as soon as the ground thaws it will be completed.
- 2. Mr. Gary G~_ rke
a. Mr. Gerke, 1252 Cope, spoke regarding the refuse pickup system in the City.
b. No action taken.
K. COUP7CIL PRESENTATION
_ 1. Lakewood Drive Street Lights
a. Councilmember Anderson questioned what was happening regarding the street
lights on Lakewood Drive.
b. Staff stated this item will be before the Council December 22, 1966.
- 12 - 12/8
2. Court System
a. Councilmember Anderson questioned when an answer is forthcoming regarding
the court system and the use of the old city hall.
b. Staff stated they are working with the court representative at the present
time.
3. Recycling
Discussed under J-l.
4. Group W - Public Works Building
a. Councilmember Anderson stated the City should pursue with Group W the
leasing of the Public Works facility for their offices.
5. Highway 120
a. Councilmember Anderson commented on having a joint meeting with School
District 622, Oakdale, Woodbury, and North St. Paul regarding the updating
of Highway 120.
6. Mayor
a. Councilmember Anderson stated that at the Open House the Mayor did not
recognize the full Council. Cduncilmember Juker was not recognized. Also,
he f~3t Senator Hughes should have been announced before other speakers.
7. Signs
a. Councilmember Bastian suggested there be a policy that signs being carried
by the audience should remain outside the door and not allowed within the
Council Chambers.
8. Open House
a. Councilmember Juker wished to thank everyone for their efforts in making
the Open House a success. She requested a letter be sent thanking everyone.
L. ADMINISTRATIVE PRESENTATIONS
1. Architect Fees
a. Acting Manager Haider requested authorization to finalize the architect's
fees.
b. Council directed the Acting Managerto finalize the architect fees.
M. ADJOURNMENT
9:43 P.M.
City Clerk