HomeMy WebLinkAbout12.22.86 MINUTES OF MAPLEWOOD CITY COUNCIL
` 7:00 P.M., Monday, December 22, 1986
Council Chambers, Municipal Building
Meeting No. 86-34
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. by Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
Frances L. Joker, Councilmember Present
Charlotte L9asiluk, Coun cilmember Present
C. APPROVAL OF MINUTES
None.
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the Agenda as amended:
1. McKnight Service Lane
2. Fire Department
3. Approval to order furniture for new personnel
Seconded by Councilmember Bastian. Ayes - all.
E. CONSENT AGENDA
Council removed Item E-2 to become Item I-13.
Councilmember Bastian moved, seconded by Councilmember Wasiluk, Ayes - all, to approve
the Consent Agenda, Items 1, 3 through 6, as recommended:
1. Accounts Payable
Approved the accounts (Part I - Fees, Services, Expenses, Check register
dated 12-15-86 through 12-16-86 - $637,719.83; Part II - Payroll dated
12-12-86 gross amount $133,526.50) in the amount of $771,246.33.
2. Ordinance to Increase Sewer Rates - 2nd Reading
Discussed under I-13.
12/22
3. Interfund Transfers for Unassessed Public Improvement
Approved the following transfers:
Special Assessment Fund:
$ 61,200 W.A.C. Fund 1973 Bonds (#22)
71,700 Hydrant Fund 1977 Bonds (#25)
6,010 Hydrant Fund 1979 Bonds (#27)
2,050 Sewer Fund 1979 Bonds (#27)
$ 140,960 Total
4. Financing for Project 78-10
Approved that (1) the portion of Project 78-10 costs not assessed and -
not paid for by the developer be financed by interest on the project
bond proceeds and (2) that the surplus in Project 78-10 be transferred
to Project 78-24, Beam Avenue West of Highway 61.
- 5. Financing for Project 84-4 -
Approved that (1) the cash deficit in Project 84-4 be financed by a
transfer from the Hydrant Charge Fund and (2) that the sub-fund for this
_ project be closed by a transfer for the special assessments receivable to
the sub-fund for the 1986 Bond Issue that financed this project.
6. Budget Increase Consulting Inspectors
Approved to increase Account 4480-73 (fees for services - building inspec-
tions) by $34,400, to compensate for the deficit in that account, with
surplus revenues from the nonbusiness license and permits account.
F. PUBLIC HEARINGS
1. 7:00 P.M., Plan Amendment and Rezoning Radatz and PJhite Bear (4 Votes)
a. Mayor Greavu convened the meeting for a public hearing regarding the
request of Dr. Alan Baumann for approval of a land use plan amendment £rom
RM, residential medium density, to LSC, limited service commercial, and a
rezoning from F, farm residence, to LBC, limited business commercial, to
construct a dental clinic.
b. Director~of Community Development Geoff Olson presented the Staff report.
c. Commissioner Dave Whitcomb presented the Planning Commission recommendation.
d. A representative of the Baumann Dental Clinic spoke on behalf of the
proposal.
e. Mayor Greavu called for proponents. None were heard.
f. Mayor Greavu called for opponents. Dlone were heard.
g. Mayor Greavu closed the public hearing.
- 2 - 12/22
h. Mayor Greavu introduced the following resolution and moved its adoution:
(Plan Amendment)
86 -12 - 212
WHEREAS, Dr. Baumann, D.D.S., initiated an amendment to the Maplewood
Comprehensive Plan from RM, residential medium density, to LSC, limited service
commercial, for the property northeast of Radatz and White Bear Avenues.
WHEREAS, the procedural history of this plan amendment is as follows:
1. The Maplewood Planning Commission held a public hearing on December 15, 1986,
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.
2. The Maplewood City Council considered said plan amendment on December 22,
1986. 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 amendment be approved on the basis of the following fmdings
of fact:
1. Good access and high visibility are more important to a business than a residence.
This property is a corner lot on ahigh-volume street.
2. The traffic noise from White Bear Avenue would be more of a nuisance to a
residential, rather than a commercial use.
3. An office would be at least as compatible with adjacent uses as an RM use -traffic
would be relatively low and hours would be limited.
Seconded by Councihnember Bastian. Ayes -all.
i. Mayor Greavu introduced the following resolution and moved its ado tion:
86 -12 - 213
WHEREAS, Dr. Bauman, D.D.S., initiated a rezoning from F, farm residence, to LBC,
limited business commercial, for the following-described property:
Subject to White Bear Avenue and except north 520 feet and except east 455 feet part of
southwest 1/4 east of center line of said avenue and north of Radatz Avenue in Section 2,
Township 29, Range 22;
WHEREAS, the procedural history of this rezoning is as follows:
1. This rezoning was initiated pursuantto Chapter 36, Article VII of the Maplewood
Code of Ordinances.
2. This rezoning was reviewed by the Maplewood Planning Commission on
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3. The Maplewood City Council held a public hearing on December 22, 1986, 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 recommendations of the
City Staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CPI'Y COUNCIL
that the above-described rezoning be approved 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 and the comprehensive plan.
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.
5. State law requires zoning be brought into compliance with the comprehensive plan
within nine months of an amendment to the plan.
Seconded by Councilmember Bastian. Ayes -all.
2. 7:10 P.M, Plan Amendment and Conditional Use Permit : Ariel and Woodlyn-Salvation
Army (4 Votes on Plan Amendment)
a. Mayor Greavu convened the meeting for a public hearing regarding the request of
Bossazdt Christenson Corporation for approval of an amendment of the comprehensive plan
from RM, medium density residential to C, church, and approval of a conditional use permit
for a church and adult daycare in an F, farm residence district.
b. Daector of Community Development Olson presented the Staff report.
a Commissioner Dave Whitcomb presented the Planning Commission recommendation.
d. Mr. John Bossazdt, Bossazdt Christenson Corporation, spoke on behalf of the Salvation
Army proposal.
- e. Major Walt Winters, Salvation Anny spoke on behalf of the request.
f. Mayor Greavu called for persons who wished to be heard for or against the proposal. The
following expressed their opinions:
George Rossbach, 1406 E. County Road C
g. Mayor Greavu closed the public hearing.
- 4 - 12/22
h. Councilmember Bastian introduced the following resolution and moved its
adoption: (Plan Amendment)
86 - 12 - 214
WHEREAS, Bossardt Christenson Corporation initiated an amendment to the
Maplewood Comprehensive Plan from RM, residential medium density to C,
church for property located at the southeast corner of Ploodlynn Avenue and
Ariel Street.
'd WHEREAS, the procedural history of this plan amendment is as follows:
1. The Maplewood Planning Commission held a public hearing on
December 15, 1986, 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.
2. The Maplewood City Council considered said plan amendment on Decem-
ber 22, 1986. The Council considered reports and recommendations
from the Planning Commission and City staff.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEtQOOD CITY COUDICIL that the
above-described plan amendment be approved on the basis of the following
findings of fact:
1. Churches are typically located in residential districts.
2. Woodlynn Avenue is designated as a major collector street. This
designation allows for higher volumes of traffic.
Seconded by Councilmember Anderson. Ayes - all.
i. Councilmember Bastian introduced the following resolution and moved its
adoption: (Conditional Use Permit)
86 - 12 - 215
WHEREAS, Bossardt Christenson Corporation initiated a conditional use
permit for a Salvation Army Church and adult day-care facility at the
following-described property:
Northwest 1/4 of the Northeast 1/4 the West 165 feet of the South 368
feet Section 2, Township 29, Range 22, and also that part of the North-
west 1/4 of the Northeast 1/4 the West 527.26 feet of the East 263.63
feet of the South 320 feet lying south of Woodlynn and east of Ariel all
in Section 2, Township 29, Range 22.
This property is located at the southeasterly corner of Woodlynn Avenue
and Ariel Street.
WHEREAS, the procedural history of this conditional use permit is as
- follows:
- 5 - 12/22
1. This conditional use permit was initiated by Bossardt Christenson
Corporation, pursuant to the Maplewood Code of Ordinances.
2. This conditional use permit was reviewed by the Maplewood Planning
Commission on December 15, 1986. The Planning Commission recommended
to the City Council that said permit be approved.
3. The Maplewood City Council held a public hearing on December 22,
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;
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the
above-described conditional use permit be approved on the basis of the following
findings-of-fact:
- 1. The use is in conformity with the City's comprehendive plan and with
the purpose and standards of this chapter.
2. The establishment or maintenance of the use would not be detrimental
to the public health, safety or general welfare.
3. The use would be located, designed, maintained and operated to be
compatible with the character of that zoning district.
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 properties.
7. The use would be serviced 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. Adherence to the site plan, dated October 28, 1986, unless a change
is approved by the City's Community Design Review Board.
2. Installation of an adequate landscaping screen along the east and
south sides of the parking lot to satisfy the screening criteria
required by code.
- 6 - 12/22
Seconded by Councilmember Anderson. Ayes - all.
j. Councilmember Bastian moved approval of the site plan dated 10-28-86
for the Salvation Arm Church and adult day-care facility subject to the
following conditions:
1. Approval of a land use plan amendment and conditional use permit by
the City Council.
2. Approval of plans by the Community Design Review Board does not
constitute approval of a building permit.
3. Any outdoor trash dumpsters shall be stored in screening enclosures
with a 100 opaque wooden gate and shall be a color and material
compatible with the building. Enclosures shall be protected by
concrete-filled steel posts, or the equivalent, anchored in the
ground at the front corners of the structure. If the enclosure is
masonry, the protective posts may be omitted.
4. Any exterior building or roof-top equipment shall be decoratively
screened and hidden from view. The screening material is subject
to Staff approval.
a. if any of the structures are damaged, they shall be
repaired as soon as possible but in no event longer than
90 days.
5. An erosion control plan, acceptable to the City Engineer, shall be
submitted prior to the issuance of a building permit for erosion
control during construction.
6. Parking areas shall be striped and all bituminous areas shall have
continuous concrete curbing. Parking lots shall be kept in a con-
tinual state of repair.
7. If construction has not begun within two years of approval, boax".d
review shall be repeated.
8. Site security lighting shall be provided and shall be directed or
shielded so not to cause any undue glare onto adjacent properties or
roadways.
9. If any adjacent property is disturbed or property irons removed due
to construction of the site, that property shall be restored and
irons replaced by the applicant.
10. Grading, drainage and utility plans shall be subject to the City
Engineer's approval.
11. The applicant shall provide a monetary guarantee, in a form accept-
able to Staff, in the amount of 150 of the estimated cost of any
site improvements that .are: .not :completed by occupancy,
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12. This approval is for the site plan only, A landscaping plan and
building elevations must still be approved.
13. Landscaping and screening shall be required on the east and south
sides of the parking lot to prevent headlight glare and to provide
a buffer, Screening shall be done in accordance with City ordi-
nance and will provide a buffer consisting of a berm on the east
and south property lines and as far as the berm, the C.D.R.B. will
specify the actual height-and screen plantings on .the berm.
14. Stop signs shall be provided at all exits..:
15, Sidewalks shall be installed on Ariel and on Woodlynn up to the
parking lot,
Seconded by Councilmember Anderson. Ayes - all.
G. AWARD OF BIDS
None.
H, UNFINISHED BUSINESS
1. Special Meeting Date on Petition for Project 86-33
a. Acting Manager Ken Haider stated that at the December 8, 1986 Meeting,
the Council delayed setting a date for a special meeting to discuss the
procedure and impact of the developer of the Budd Kolby Second Addition's
request that the City install and finance the-internal streets and utilities.
It is anticipated that Staff comments will be available on January 9, 1987.
b. Council established a meeting, Thursday, January 15, 1987, at 7:00 P.M.
2, Ordering of Hillcrest Trunk Sanitary Sewer Project 86-22
a. Acting City Engineer Chuck AhT presented the Staff report.
b. Mayor Greavu introducedthefollowingresolution and moved its adoption:
86 - 12 - 216
WHEREAS, after due notice of public hearing on the construction of
trunk sanitary sewer and water main from Larpenteur Avenue and Sterling
Street south and westerly across the Hillcrest Development property to
Ivy Avenue and McKnight Road then south to Nokomis Avenue and McKnight
Road, City Project 86-22, Hillcrest Trunk Sanitary Sewer, a hearing on said
improvement in accordance with the notice duly given was duly held on Octo-
ber 27, 1986, and the Council has heard all persons desiring to be heard on .
the matter and has fully considered the same, and
WHEREAS, the Council tabled a decision to order the project to no later
than November 14, 1986, and
WHEREAS, on November24, 1986, the Council approved a revised financing
proposal and extended the tabling motion;
- 8 - 12/22
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
1. That is advisable, expedient, and necessary that the City of
Maplewood construct trunk sanitary sewer and water :main from
Larpenteur Avenue and Sterling Street south and westerly across '1~
the Hillcrest Development property to Ivy Avenue and McKnight
Road, then south to Nokomis Avenue and McKnight Road, City
Project 86-22 Hillcrest Trunk Sanitary Sewer, as described in
the notice of hearing thereon, and orders the same to be made.
2. The City Engineer is designated Engineer for this improvement
and is hereby directed to prepare final plans and specifications
for the making of said improvement.
3. The City Engineer shall negotiate and draft an agreement with
Hillcrest Development. that conveys the necessary project ease-
ments on the Hillcrest property to the City and report back to the
Council for approval of the agreement.
Seconded by Councilmember Bastian. Ayes - all.
I. NEW BUSINESS
1. Parking Problems - Archer Heights
a. Mr. Arkadi Kask, a resident at 1816 Beebe Road, Archer Heights apartments
related to the Council the numerous parking problems the residents are ex-
periencing.
b. Council referred the problem to the Staff for investigation.
2. Petition for Lakewood Drive Street Lights - Project 86-34
a. Acting City Engineer Ahl presented the Staff report.
b. Councilmember Anderson introduced the following resolution and moved its
adoption:
86 - 12 - 217
WHEREAS, it is proposed to construct street lighting along Lakewood
- Drive from Larpenteur Avenue to Montana Avenue and to assess the benefited
property for all or a portion of the cost of the improvement, pursuant to
Minnesota Statutes, Chapter 429.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNE-
SOTA:
That the proposed improvement be referred to the City Engineer for study
and that he is instructed to report to the Council with all convenient speed
advising the Council in a preliminary way as to whether the proposed improve-
ment is feasible and as to whether it should best be made as proposed or in
connection with some other improvement, and the estimated cost of the improve-
ment as recommended.
Seconded by Councilmember Juker. Ayes - all.
- 9 - 12/22
3. Dege Garden Center
a. City Attorney John Hannigan presented the legal opinion regarding the City
reimbursing Mr. George Dege for removal of his garage.
b. No action taken.
4. 1987 Court Lease
- a. Director of Finance Dan Faust presented the Staff report.
b. Mayor Greavu moved that Ramsey County be allowed to lease office space at
old City Hall on a month to month basis at the 1986 lease rate for six months
in accordance with Section XII of the current lease.
Seconded by Councilmember Bastian. Ayes - all.
5. Increase in Ambulance Rates
a. Director of Finance Faust presented the Staff report. -
- b. Councilmember Anderson introduced the following resolution and moved its
adoption:
86 - 12 - 218
WHEREAS, the City of Maplewood is authorized to impose reasonable charges
for emergency and paramedic ambulance services by Minnesota Statutes 471.476
and by special laws (Chapter 426, Laws of 1975, and Chapter 743, Laws of 1978);
and
WHEREAS, it is fair and reasonable to charge for services rendered based
upon the length of time services are provided between arrival at the scene
and arrival at the hospital or clinic.
NOW, THEREFORE, BE IT RESOLVED, that the following charges shall be
effective January 1, 1987:
CHARGF. LENGTH OF TIME SERVICES RENDERED
$144 Over 50 minutes
$ 96 31 - 50 minutes
$ 48 11 - 30 minutes
BE IT FURTHER RESOLVED, that there shall be no charge for services
rendered when the length of services is 10 minutes or less, when the patient
is not transported, or when the patient is transported to the detoxification
center.
Seconded by Councilmember Bastian. Ayes - all.
6. Ambulance Bill - Application for Cancellation
a. Director of Finance Faust presented the Staff report.
- 10 - 12/22
b. Mayor Greavu moved to cancel the Ambulance Bill of Patti Frank in the
amount of $80.00.
- Seconded by Councilmember [9asiluk. Ayes - Mayor Greavu, Councilmembers
Bastian and Wasiluk
Nays - Councilmembers Anderson and Juker.
7. [4rite-off of Uncollectible Ambulance Bills for 1984.
a. Director of Finance Faust presented the Staff report.
b. Councilmember Anderson moved that $4,918.64 of the 1984 Ambulance bills
be written off as uncollectible.
Seconded by Mayor Greavu. Ayes - Mayor Greaw, Councilmembers
Anderson, Bastian and Wasiluk
Nay - Councilmember Juker
8. Recycling Center
a. Acting City Manager Haider presented the Staff report.
b. Council directed an article be placed in the "Plaplewood in Motion"
explaining when the recycling center will open and its location, etc.
9. Insurance for Early Retirees
a. Referred to Staff.
10. Public Works Building Rental Agreement
a. Councilmember Bastian moved to table until the Meeting of December 29, 1986.
11. City Manager SearchConsultant Selection
a. Councilmember Bastian moved to authorize Staff to enter into an agreement
- with Consultant Larry Thompsonregarding the City Manager search.
Seconded by Councilmember Juker. Ayes - all.
12. Burlington Northern Corridor
a. Acting City Manager Haider presented the Staff report.
b. Councilmember Wasiluk moved to adopt Option 2 of the Staff report.
Seconded by Councilmember Bastian. Ayes - all.
13. Ordinance to Increase Sewer Rates - 2nd Reading
a. Councilmember Juker moved to refer the proposed ordinance to Staff for
- further review and to place it on the agenda for the Meeting of December
29, 1986.
Seconded by Councilmember Bastian. Ayes - all.
- 11 - 12/22
J, VISITOR PRESENTATION
None.
K. COUNCIL PRESENTATIONS -
1. McKnight Service Lane
a. Mayor Greavu requested Staff to forward a letter to Mn. Dot regarding
better signals and signing on the McKnight Service Lane by I-94 and McKnight.
b. Staff to investigate.
2. Fire Department
a. Councilmember Bastian stated Fire Marshal Jim Embertson and himself, plus
one representative from each department, were on the volunteer fire department
committee.
L. ADMINISTRATIVE PRESENTATIONS
3. Furniture - Public Works
a. Councilmember Bastian moved to authorize Staff to proceed with ordering a
desk and chair as budgeted for the public works secretary.
Seconded by Mayor Greavu. Ayes - all.
M. ADJOURNMENT
8:42 P.M.
City Clerk