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HomeMy WebLinkAbout01.12.87 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, January 12, 1987 Council Chambers, Municipal Building Meeting No. 87-1 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. Greaw, Mayor Present - Norman G. Anderson, Councilmember Absent Gary W. Bastian, Councilmember Present - Frahces L. Juker, Councilmember Present Charlotte Wasiluk, Councilmember Present - C. APPROVAL OF MINUTES 1. Meeting No. 86-32 (November 24, 1986) CouncilmembereWasiluk moved to approve the Minutes of Meeting No. 86-32 (November 24, 1986) as corrected: Page 4, Item E-A-2 "Diessner" Seconded by Councilmember Bastian. Ayes - all. 2. Meeting No. 86-33 (December 8, 1986) Mayor Greavu moved to approve the Minutes of Meeting No. 86-33 (December 8, 1986) as submitted. Seconded by Councilmember Juker. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Notice of Meetings 2. Maplewood Auto and Appliance 3. Item H-1 moved to E-A 4. 2Qeeting Reminder E. CONSENT AGENDA Council removed Items E-3 and 4 to become Items I-8 and 9. Mayor Greaw moved, seconded by Councilmember Wasiluk, Ayes - all, to approve the Consent Agenda, Items 1, 2, 5, 6 and 7 as recommended: 1/12 1. Accounts Payable Approved the accounts (Part I - Fees, Services, Expenses Check register dated December 30, 1986, through January 02, 1987, $760,937.90 : Part II - Payroll dated December 24, 19fl6 in gross amount $139,144.55) in the amount of $900,082.45. 2. Acceptance of Developer's Projects Resolution No. 87 - 1 - 1 WHEREAS, the City Council ofMaplewood, Minnesota, has heretofore entered into contracts for public improvements for the following projects, described as: City Project No. Description 63 - 02 Beaver Creek Condos _ 83-- 03 Cave's Century 3rd Addition 85 - Ol Tilsen's 12th Addition 85 - OS Cave's Lakewood Addition 85 - 13 Frattalone Addition 85 - 23 Maple Ridge Mall WHEREAS, said projects have been certified as completed. NONT, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the said projects are completed and the utilities are hereby accepted as part of the distribution systems. 3. Park Acquisition Charge (Neighborhood) Discussed under I-8 - 4. Park Acquisition Charge (Commercial) Discussed under I-9 5. Non-Union Employees' Settlement Approved that the non-union employees' salaries be increased by 3.5~ for a six month period and add Martin Luther King, Jr., Day as an additional paid holiday. 6. Temporary Employees' Pay Plan Resolution No. 87 - 1 - 2 WHEREAS, according to the Minnesota Public Employees Labor Relations Act, part-time employees who do not work more than 14 hours per week and temporary employees who do not work in excess of 67 days in a calendar year are not covered by union contract wage rates. NOt9, THEREFORE, BE IT RESOLVED, that the following pay rate maximums are hereby established for temporary and part-time employees retroactive to January 1, 1987: - 2 - 1/12 Recreation Worker $10.85 per hour Recreation official 16.30 per game Puppeteers 27.15 per'-show Accountant 13.65 oer hour Administrative Assistant 7.60 per hour Secretary 8.14 per hour Accounting Clerk 8.14 per hour Clerk-Typist 6.73 per hour Election judge 5.25 per hour Election precinct chairman 5.50 per hour Laborer 5.75 per hour Engineering aide 6.35 per hour Janitor 4.70 per hour BE IT FURTHER RESOLVED, that the recreation workers who drag ballfields may be paid up to $4.25 per field in lieu of an hourly payrate. - BE IT FURTHER RESOLVED, that the minimum pay rates for each of the above be (1) the amount specified by State law for those positions covered and (2) $2.50 per hour for those positions not covered by State law. BE IT FURTHER RESOLVED, that the City Manager shall have the authority to set the pay rate within the above ranges. 7. Approved the purchase of a typewriter for the City Clerk's Department. A Insurance for Early Retirees a. Acting City Manager Ken Haider presented the Staff report. b. Councilmember Juker moved to table this item and refer it to Staff for further investigation. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Juker, and FTasiluk Nay - Councilmember Bastian F. PUBLIC HEARINGS 1. 7:00 P.M., Conditional Use Permit - 2251 E. Larpenteur Avenue (Ribs Plus) a. Mayor Greavu convened the meeting for a public hearing regarding the request of Mark La5cotte, E. J. Kavonius and Greg Kavonius, Ribs Plus, for approval of a Conditional Use Permit to operate a restaurant in a NC neighborhood Commercial District. b. Associate Planner Randy Johnson presented the Staff report. c. Commissioner George Rossbach presented the Planning Commission recommenda- tion. d. Mayor Greavu called for proponents. None were heard. - e. Mayor Greavu called for opponents. None were heard. - 3 - 1/12 f. Mayor Greavu closed the public hearing. g. Mayor Greavu introduced the following resolution and moved its adoption: 87- 1- 3 WHEREAS, Mark LaScotte, E. J. Kavonius and Greg Kavonius initiated a conditonal use permit to operate a restaurant in the NC, neighborhood com- mercial district at: The south 176 feet of the east 247.5 feet of the SE 1/4 of Section 14, Township 29, Range 22. This property is also known as 2251 East Larpenteur Avenue, Maplewood; WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was initiated pursuant to the Maplewood Code of Ordinances. 2. This conditonal use permit was reviewed by the Maplewood Planning Commission on December 15, 1986. The Planning Commission recommen- ded to the City Council that said permit be approveda. 3. The Maplewood City Council held a public hearing on January 12, 1987. 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 con- - side red 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 follow- ing findings-of-fact: 1. The use is in conformity with the City's Comprehensive 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 looal streets and shall not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area properties. -4- 1/12 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. Containment of the cooking odors generated by this restaurant so as not to be noticeable on adjacent residential property. 2. City environmental health official approval of a strategy for the required odor containment prior to issuance of an occupancy permit. Seconded by Councilmember Wasiluk. Ayes - all. 2. 7:10 P.M., Conditional Use Permit and Variance 2405 Carver (Grand) a. Mayor Greavu convened the meeting for a ,public hearing regarding the request of Charlene Grand for approval of a conditional use permit to operate a beauty shop as a home occupation and approval of a variance to allow afree-standing sign for the home occupation, rather than a sign attached to the dwelling. b. Associate Planner Johnson presented the Staff report. c. Commissioner George Rossbach presented the Planning Commission recommenda- tion. d. Ms. Charlene Grand, the applicant, spoke on behalf of her request. e. Mayor Greavu called for proponents. The following were heard: Dlr. Frismanis, 2431 Carver f. Mayor Greavu called for opponents. None were heard. g. Mayor Greavu closed the public hearing. h. Councilmember Wasiluk introduced the following resolution and moved its adoption: 87 - 1 - 4 WHEREAS, Charlene Grand initiated a conditional use permit to operate a beauty shop as a home occupation at the following-described property: West 1/2 of the Southwest 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section 24, Township 28, Range 22. - 5 - 1/12 This property is also known as 2405 Carver Avenue, Maplewood; WHEREAS, the procedural history of this: conditional use permit is as follows: ~ - 1. This conditional use permit .was initiated 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 recom- mended to the City Council that said permit be approved. 3. The Maplewood City Council held a public hearing on January 12, 1987. 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 con- sidered reports and recommendations of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLF,WOOD 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 Comprehensive Plan and with the purpose and standards of this chapter. 2. The establishrment 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: - 6 - 1/12 1. At the end of one year, if there is no unresolved complaint or nuisance, Council may renew this permit. 2. Compliance with the requirements in Section 36-66 (4) (b) per- taining to the operation of a home occupation, extent for the sign location requirement. 3. Obtaining a building permit for all improvements. Seconded by Mayor Greavu. Ayes - all. i. Mayor Greavu introduced the following resolution and moved its adoption: 87-1-5 ` WHEREAS, Charlene Grand applied for a variance for the following- -described property: West 1/2 of the Southwest 1/4 0£ the PSOrtheast 1/4 of the Northwest 1/4 of Section 24, Township 28, Range 22. This property is also known as 2405 Carver Avenue, Maplewood; WHEREAS, Section 36-66 (4) (b) (3), 36-316 (2) and 36-230 of the Maplewood Code of Ordinances require signs for home occupations to be attached to the dwelling. WHEREAS, the applicant is proposing a free-standing sign. WHEREAS, the procedural history o£ this variance is as follows: 1. This variance was applied for on October 7, 1986. 2. This variance was reviewed by the Maplewood Planning Commission on December 15, 1986. The Planning Commission recommended to the City Council that said variance be approved. 3. The Maplewood City Council held a public hearing on January 12, 1987, to consider this variance. 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 MAPLRWOOD CITY COUNCIL that a variance is approved to locate a two-square foot home-occupation sign at least 15 feet north of the Carver Avenue right-of-way. Approval is on the basis that: 1. Strict enforcement would cause an undue hardship because: a. Atwo-square foot sign would be unreadable if attached to the dwelling. b. Other area property owners are using similar-sized signs to - 7 - 1/12 identify their properties. 2. Approval would be in keeping with the spirit and intent of the Code, which is to provide unobtrusive identification for a - home occupation. Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu, Councilmembers Juker and Wasiluk Councilmember Bastian abstained. 3. 7:20 P. M., Rezoning 2444 North Maplewood Drive (Niggler) (4 Votes) a. Mayor Greaw convened the meeting for a public hearing regarding the proposal to rezone the westerly one-fourth of the Niggler truck farm property from M-1 Light Manufacturing to CO, Commercial Office. ,b. Associate Planner Johnson presented the Staff report. c. Commissioner George Rossbach presented the Planning Commission recom- mendation. d. Mr. Chapman, representing the Nigglers, spoke against the proposed rezoning. e. Mr. Robert Niggler, owner of the property, also spoke against the proposal. f. Mayor Greaw called for proponents. None were hea~?d. - - g. Mayor Greaw called for opponents. None were heard. h. Mayor Greavu closed the public hearing. - i. Councilmembe Wasiluk moved tha Lot 1, Block 1, and Lot 1, Block 2 remain M-1 and ~at th porti-o~n--' of 2, Block 1 and Lot 2, Block 2 zoned M-1 be rezon tonC~ ~ , Seconde ~ d V Icy C un~ memb~n f~stian~(/ ~~es - Counci y~an, Juker and IP^' ~ ~81 Il iff" E ~ I/ n ~ V I~ Nay - a or Greavu. Motion failed. j. Councilmember Bastian moved to rescind and expunge the previous motion and to table Item F-3 for further investigation. Seconded by Councilmember Juker. Ayes - Councilmembers Bastian,-Juker and Wasiluk Nay - Mayor Greavu _ G. AWARD OF BIDS None. - 8 - 1/12 UNFINISHED BUSINESS - 1. Insurance for Early Retirees Discussed as Item E-A I. NEW BUSINESS 1. Archer Heights Parking a. City Attorney Patrick Kelly presented the legal opinion regarding the need for additional parking spaces at Archer Heights. b. Mayor Greavu moved to refer the matter to Staff for further information. Seconded by Councilmember Bastian. Ayes - all. 2. Mining Permit Renewal Beam Avenue a. Acting Manager Haider presented the Staff report. b. Commissioner Rossbach presented the Planning Commission report. c. Councilmember Bastian moved to extend the Beam Avenue Mining Permit issued to Mr. Voya Piletich for one year subject to the original conditions. - Seconded by Councilmember Juker. Ayes - all. 3. Project 86-34 Lakewood Drive Street Light Feasibility Report a. Acting City Engineer Chuck Ahl presented the Staff report. b. The following residents expressed their needs for street lighting: Mark Nelson, 1594 Lakewood Janet Brown, 1617 Lakewood Resident at 1609 Lakewood c. Councilmember Bastian authorized Staff to commence a study regarding the financing of future street lights. Seconded by Councilmember Juker. Ayes - all. d. Councilmember Bastian introduced the following resolution and moved its adoption: 87- 1-6 WHEREAS, the City Council of Maplewood, P7innesota, has received a public improvement petition for the installation of street lights along Lakewood Drive between Moncrana and Larpenteur Avenues, City Project 86-34; and WHEREAS, the Northern States Power Company installs, owns and maintains the street lights in this area of the City at a cost of $12.70 per month per light. - 9 - 1/12 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD-as follows: 1. The City Engineer is hereby directed to authorize the Northern States Power Company to install four street lights along Lakewood Drive between Montana and Larpenteur Avenues. 2. The monthly costs incurred for said street lights -shall be desig- nated for payment from the signals and street lights division budget of the Public Works Department. Seconded by Councilmember Juke r. Ayes - all. 4. Project 86-OS Hillwood Drive Plan Approval and Authorization for Bids a. Acting City Manager Haider presented the Staff report. ~b. Mayor Greavu introduced the following resolution and moved its adoption: 87- 1- 7 TnTi-IEREAS, pursuant to resolution passed by the City Council on September 8, 1986, plans and specifications for Hillwood Drive-East of Crestview Drive, ' Project No. 86-05, have been prepared by (or under the direction of) the City Engineer, who has presented such plans and specifications to the Council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifi- cations. The advertisement shall be published twice, at least ten days before date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the Council at 10:00 a.m. on the 6th day of February, 1987, at the City Hall and that no bids shall be considered unless sealed and filed with the Clerk and accompanied by a certified check or bid bond, payable to the City of b7aplewood, Minnesota, for 5~ of the amount of such bid. 3. The City Clerk and City Engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The Council will consider the bids, and the ordering of an assessment roll based upon the bids, at the regular City Council meeting of February 9, 1987. Seconded by Councilmember Juker. Ayes - all. 5. Project 86-12 Arkwright Street Plan Approval a. Acting City Engineer Ahl presented the Sta=€f report. - 10 - 1/12 b. Councilmember Juker introduced the following resolution and moved its adoption: - 87 - 1 - 8 WHEREAS, pursuant to resolution passed by the City Council on September 8, 1986, plans and specifications for Arkwright Street from Eldridge Avenue to County Road B, Project 86-12, have been prepared by (or under the direction of) the City Engineer, who has presented such plans and specifications to the Council for approval, NOW, THEREFORE, BE IT RESOLVED BY TEH CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official paper~.and the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and speci- fications. The advertisement shall be Qublished twice, at least ben days before date set for bid opening, shall specify the work to be done, sahll state that bids will be publicly opened and considered by the Council at 2:00 P.M., on the 5th day of February, 1987, at the City Hall and that no bids shall be considered unless sealed and filed with the Clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota, for 5~ of the amount of such bid. 3. The City Clerk and City Engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The Council will consider the bids, and the ordering of an assessment roll based upon the bids, at the regular City Council Meeting of February 9, 1987. Seconded by Councilmember Bastian. Ayes - all. 6. Project 85-07 : Crestview Drive Water Retainage Reduction a. Acting City Engineer Ahl presented the Staff report. b. Councilmember Bastian introduced the following resolution and moved its adoption: 87- 1-9 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project No. 85-07, Crestview Drive-Hudson Place Water Main and has let a construction contract, therefore pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, said project has been essentially completed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the project is substantially complete and the retainage is hereby reduced to 1$. - 11 - 1/12 Seconded by Councilmember Juker. Ayes - all. 7. Annual Designations and Appointments a. Acting Mayor Mayor Greaw moved to appoint Councilmember Charlotte Wasiluk as Acting Mayor. Seconded by Councilmember Bastian. Ayes - all. b. City Attorney Mayor Greaw moved to appoint the firm of Bannigan and Kelly, P.A., as City Attorney. Seconded by Councilmember Juker. Ayes - all. 'c. Prosecuting Attorney Councilmember Bastian moved to appoint Martin J. Costello as the City Prosecutor. Seconded by Councilmember Juker. Ayes - all. d. Commissions and Boards 1. Planning Commission a. Councilmember Bastian moved to reappoint the following to the Planning Commission for each to erve 3 year terms: Ralph Sletten Lorraine Fischer Marvin Sigmundik Les Axdahl Seconded by Councilmember Juker. Ayes - all. b. Councilmember Bastian moved to reappoint Les Axdahl as Chairman of the Planning Commission. Seconded by Councilmember Juke r. Ayes - all. 2. Community Design Review-Board Councilmember Bastian moved to reappoint Thomas Deans and James Kochsiek to the Community Design Review Board to each serve two- year terms. Seconded by Councilmember Juker. Ayes - all. 3. Parks and Recreation Commission Mayor Greaw moved to reappoint the '~o.llotiiing to`.h}rree+gear terms on the Park and Recreation Commission: - 12 - 1/12 Rita Brenner Cecelia Schneider John Chegwyn Seconded by Councilmember Bastian. Ayes - all 4. Civil Service Commission a. Acting City Manager stated-there is a vacancy on the Civil Service Commission as Mr. Donald Weida has moved from Maplewood and can no longer serve on the Commission. b, Councilmember Bastian-moved to authorize Staff to advertise for persons who wish to serve on the Civil Service Commission. Seconded by Councilmember Juker. Ayes - all. e. Suburban Rate Authority Counci,lmember Bastian introduced the following resolution and moved its adoption: 87 - 1--10 HE IT RE80L~jED BY THE CITY COTINCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, as follows: Council,memberFran Jukeris hereby designated to serve as a director of the Suburban Rate Authority, and Daniel Faust is hereby designated to serve as alternate director of the Suburban Rate Authority for the Year 1987 and until their successors are appointed. Seconded by Mayor Greavu. Ayes -.all. f. Official Newspaper Councilmember Bastian introduced the following resolution and moved its adoption: 87 - 1 ~ 11 NOW THEREFORE, BE IT RESOLVED BY THE CITY COTR~TCIL OF MAPLEWOOD, MINNESOTA, that the "Maplewood Review" bedesignated the offical - newspaperfor 1987. Seconded by Councilmember Wasiluk. Ayes - 24ayor Greavu, Councilmembers Bastian and Tdasiluk Nay - Courtcilmember Juker. g. Rules of Procedures 1, Councilmember Bastian moved to accept the Rules of Procedures. 2. Councilmember Juker moved to table the Rules of Procedures. Seconded by Mayor Greavu. - 13 - 1/12 Mayor Greavu withdrew his second. Motion failed for lack of a second. 3. Councilmember Bastian moved to accept the Rules of Procedures temporarily until they are brought back before the Council for revisions. Seconded by Mayor Greavu. Ayes - all. 8. Park Acquisition Charge (Neighborhood) 9. Park Acquisition Charge (Commercial) a. Mayor Greaw moved to table both Items I-8 and 9 indefinitely. Seconded by Councilmember Bastian. Ayes - all. J. VISITOR PRESENTATIONS None. K. COUNCIL PRESENTATIONS 1. Notices Councilmember Bastian stated he would not be able to attend the March 23, 1987, Meeting. He reminded Council of the following meetings: East Community Family Services Planning Session - January 21, 1987 Budget Ad Hoc Committee - January Z1, 1987 (to be rescheduled) Municipal Legislative Commission Dinner - January 21, 1987 Arts Committee - January 15, 1987 ~ 2. Maplewood Auto Supply - Glass and Appliance Center a. Coun'cilmember Juker stated the Maplewood Auto Supply property is becoming nothing but a junk yard. b. Staff will investigate. L. COUNCIL PRESENTATIONS 1. Meeting Reminders a. Acting City Manager Haider reminded the Council 5f the January 15 and January 22, 1987 Meetings. M. ADJOURNMENT 8:44 P.M. City Clerk - 14 - 1/12