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HomeMy WebLinkAbout02.09.87 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, February 9, 1987 Council Chambers, Municipal Building Meeting No. 87-03 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. Juker, Councilmember Present Charlotte Wasiluk, Councilmember Present C. APPROVAL OF MINUTES 1. Meeting No. 87-01 (January 12, 1987) Mayor Greavu moved that the Minutes of Meeting No. 87-O1 (January 12 1987) be approved as submitted. Seconded by Councilmember Juker. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. City Hall 2. Sewer 3. Aerial Committee 4. Williams Pipeline 5. Home Occupation Permits 6. Remove Item I-12 from the Agenda 7. Meeting notice 8. Add Item I-12, Park and Recreation Commissions Annual Report and 1987 Activity Program Seconded by Councilmember Bastian. Ayes - all. E. CONSENT AGENDA Council removed Item E-4 to become Item I-13. Mayor Greavu moved, seconded by Councilmember Anderson Ayes - all to approve the Consent Agenda, Items 1 through 3 and 5 through 13 as recommended: 2/9 1. Accounts Payable Approved the accounts (Part I - Fees, Services, Expenses check register dated January 27, 1987 through February 02,1987 - $205,178.78: Part II - Payroll dated (January 23, 1987 in gross amount of $140,597.04) as submitted. 2. Donation - Nature Center Council accepted the donation of Mr. and Mrs. Jon Belisle of $100.00 to the Nature Center (Account No. O1-4480-64) and forward a letter of ap- preciation. 3. Final Plat - Highwood Addition Approved the Highwood Addition final plat. 4. Time Extension Gervais Overlook Discussed under Item I-13. 5. 1986 Budget Changes - Internal Rental Charges Approved the budget transfer of $18,410.00 listed to finance the 1986 VEM Fund rental charges: Transfer (From) to Division Unappropriated Fund Balance 21 Finance Administration $ 200 31 City Clerk Administration 200 42 Police Services ( 360) 51 Public Works Administration ( 280) 52 Street Maintenance (20,330) 53 Engineering ( 1,780) 54 Public Works Building Maintenance ( 80) 61 Parks & Recreation Administration 190 62 Park Maintenance 1,560 63 Recreation Programs 2,900 64 Nature Center 740 71 Community Development Administration ( 210) 72 Planning ( 210) 73 Building Inspections ( 540) 74 Health Inspections ( 410) Net Amount From Unappropriated Fund Balance $ 18,410 6. Financial Transfer to Close Debt Service Fund Approved the recommendation that Debt Service Account #19 within the Special Assessment Fund be closed by a transfer of the remaining balance to the Capital Improvement Projects Fund effective 12-31-86. 7. Financial Transfers to Close Projects 83-04 Approved that the transfers of $38,618.46 and $37,430.18 be made from -2- 2/9 Project 86-3 (Century Avenue Water) and Project 81-20 (McKnight Road - Highway 36 to Conway), respectively, to Project 83-4 (McKnight Road Water). 8. Financial Transfers to Close Projects 85-27 and 85-35 Approved that two 12-31-86 transfers be made from the General Fund to the following projects to finance the cost of engineering feasibility studies: Transfer Project Amount No. Title $23,361.23 85-27 Hazelwood-Beam to C 4,034.38 85-35 Cope/English Storm Sewer ' 9. Financial Transfers to Close Project 80-10 Approved the recommendation that effective 12-31-86, the remaining balance in the fund for Project 80-10 (Highway 61 Frontage Road) be transferred to the Debt Service Fund for the 1983 Improvement Bonds which financed this project. 10. 1986 Street Construction State Aid Transfers Approved the recommendation that transfers of$43,375.62, $10,708.24 and $46,689.42 be made to Project 81-21 (White Bear Avenue - Highway 36 to 694), Project 84-5 (Highway 61 Access), and Project 84-10 (Connor Avenue), respectively, from the Street Construction State Aid Fund. 11. Financial Transfers to Close Project 85-34 Approved the recommendation that $1,661.12 be transferred from the Hydrant Charge Fund to close the fund for Project 85-34 (Water Booster Station Maple Ridge Estates). 12. 1986 Tax Increment Transfers Authorized the following 1986 transfers from the Tax Increment Fund: To the Special Assessment Fund: $126,000 for Project 86-03 (Water Tower) 167,000 for Project 85-07 (Hudson Place) 18,000 for Project 85-17 (Southlawn Ave.) 81,000 for Project 81-20 (McKnight Road) $392,000 Total To the Park Development Fund: $ 73,000 for Hazelwood Park - land acquisition 108,500 for Harvest Park - land acquisition $181,500 Total - 3 - 2/9 13. Easement Agreement - Southlawn Drive Approved the easement agreement between the City and Maplewood Development Limited Partnership regarding a portion of Southlawn Drive adjacent to Joseph Company's proposed development. E-A APPOINTMENTS 1. Human Relations Commission a. Mrs. Karla Sand, applicant for appointment to the Human Relations Com- mission,-spoke on behalf of her appointment. b. Councilmember Bastian moved to approve the appointment of Karla Sand to the Human Relations Commission. Seconded by Mayor Greavu. Ayes - all. c. Councilmember Bastian moved to reappoint Scott Rostron to the Human Relations Commission. Seconded by Councilmember Juker. Ayes - all. 2. Community Design Review Board a. Chairman Don Moe presented the applicants for the appointment to the C.D.R.B. b. Mr. Marvin Erickson, Jr., one of the applicants, spoke and answered questions by the Council. c. Councilmember Bastian moved to appoint Mr. Marvin Erickson Jr, to the Community Design Review Board. Seconded by Councilmember Juker. Ayes - all. F. PUBLIC HEARINGS 1. 7:00 P.M., 1078 Frost - Silberbauer Street Vacation and Lot Divisions a. Mayor Greavu convened the meeting for a public hearing regarding the request of Mr. Frank Silberbauer, 1078 Frost Avenue to vacate 151 feet of the Fenton Avenue right of way west of Walter Street and approve a division of Lot 4, Block 4 with 22 feet on the south part and 18 feet on the north. b. Director of Community Development Geoff Olson presented the Staff report. c. Commissioner George Rossbach presented the Planning Commission report. d. Mayor Greavu called for proponents. None were heard. - 4 - 2/9 e. Mayor Greavu called for opponents. The following were heard: Mr. Jim Youngren, speaking for his father, Mr. Gordon C. Youngren, 1082 Fenton Street. f. Mayor Gravu closed the public hearing. g. Mayor Greavu introduced the following resolution and moved its adoption• 87-2-21 WHEREAS, Frank Silberbauer initiated proceedings to vacate the public interest in the Fenton Avenue right-of-way lying between the west right- of-way line of Walter Street and the southerly extension of the center line of the vacated alley in Block Four, Kavanagh and Dawson's Addition to Glad- , stone, Ramsey County. WHEREAS, the procedural history of this vacation is as follows: 1. A majority of the owners of property abutting said street right-of-way have signed a petition for this vacation; 2. This vacation was reviewed by the Planning Commission on February 2, 1987. The Planning Commission recommended to the City Council that this vacation be approved. 3. The City Council held a public hearing on February 9, 1987, 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 street right-of-way, public interest in the property will accrue to the following described abutting properties: Lot One, Block Four, together with accruing vacated alley, and Lot Ten, Block Five, Kavanagh and Dawson's Addition to Gladstone. 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. The right-of-way is not needed for a street. 2. A through street could not be constructed because the Fenton Avenue right-of-way abutting to the west has been vacated. 3. The north half of this right-of-way is needed for access to 1078 Frost Avenue if the house is divided from its Frost Avenue Frontage. -5- 2/9 4. This vacation would add additional frontage and a potential building site that would make it easier to assess a future Walter Street. - This vacation is subject to the retention of: 1. A utility easement over the south ten feet of the right-of-way for the existing power line. 2. Readdressing 1082 Fenton Avenue to a Walter Street address. Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu, Councilmembers Bastian and Wasiluk Nays - Councilmembers Anderson and Juker h. Mayor Greavu moved to approve the division of Lot 4, Block 4 with 22 feet on the south part and 18 feet on the north subject to: 1. Readdressing 1078 Frost Avenue to a Walter Street address. 2. The new address being posted next to the driveway on Fenton Avenue. The fire marshal shall approve the size,type and location of the address numerals. 3. The driveway shall be upgraded, as necessary, to comply with Section 10.107 of the uniform fire code or the dwelling shall be sprinklered. If any upgrading is necessary, all work shall be confined to the west half of the right-of-way in the event Walter Street is vacated. 4. A cash escrow for the drive improvements may be provided to the City. The work must then be done by May 1, 1987. 5. The north portion of Lot 4 shall be combined with the property abutting to the north. 6. The south portion of Lot 4 shall be combined with the property abutting to the south. 7. The deeds associated with that lot division shall be recorded within six months of Council approval. The Director of Community Development may grant a time extension for just cause. Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu, Councilmembers Bastian and Wasiluk Nays - Councilmembers Anderson and Juker G. AWARD OF BIDS None. - 6 - 2/9 H. UNFINISHED BUSINESS 1. Conditional Use Permit 2242 Ripley (Grinnell) a. Director of Community Development Olson stated the applicant stated he was moving from 2242 Ripley in two months and didn'.t wish to attend the Meeting as required by Council. _ b. Councilmember Anderson moved to deny the conditional use permit for a home occupation as requested by Roland and Jean Grinnell 2242 Ripley Avenue. Seconded by Councilmember ;7uker. Ayes - all. 2. Community Design Review Board Procedure (2nd Reading) a. Mayor Greavu introduced the following ordinance and moved its adoption: ORDINANCE N0. 601 AN ORDINANCE REVISING SEVERAL PROCEDURES OF THE COMMUNITY DESIGN REVIEW BOARD THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 1. Sec. 35-64. Organizational Meeting. (a) At every second meeting in January, the Community Design Review Board: Shall elect a chairman and vice-chairman. (b) At least three (3) members of the board must be present at the meeting to constitute a quorum. (c) Any changes to the rules of procedure shall be submitted to the City Council for approval. Section 2. This ordinance shall take effect upon its passage and publication. Seconded by Councilmember Bastian. Ayes - all. 3. Archer Heights Parking a. Director of Community Development Olson stated he had received a letter from Rainbow Development Company (owners of Archer Heights) indicating they will be adding 7 or 8 parking spaces to 1816 Beebe Road. b. Council directed Staff to meet with the owner of 1816 Beebe Road and the residents' association. I. NEW BUSINESS 1. Soo Line Trail Plan -7- 2/9 a. Director of Community Development Olson presented the Staff report with the recommendation to inform D.N.R. that 1. The BN corridor is proposed to be abandoned and acquired for public use. This may resolve the problem of a trail crossing there. 2. If the Maplewood library is relocated, a trail connection would not be needed. 3. A trail to City Hall should be constructed. b. Director of Community Development Olson received a consensus from the Council to proceed with obtaining costs, etc., for the proposal. 2, Zoning and Land Use Plan Consistency a. Director of Community Development Olson presented the Staff report. b. Mayor Greavu moved to adopt the following Planning Commission recom- mendation We agree that the Metropolitan Council should be concerned, where land is zoned for a higher intensity of use than shown on the plan. A significant acreage of this kind of land could have an adverse effect on planning for regional systems. The land use planning act should be amended to require that the zoning and land use plan be consistent in these cases. We question the timeliness of rezoning when the zoning is less inten- sive than the land use plan. Many cities delay this type of rezoning until it is requested by adea+~e'loper and a ci_f~ plan is proposed. This allows the City and neighborhood to see what they are getting and negotiate for improvements if needed. This strategy is especially important when rezoning around single-dwelling neighborhoods. Most neighborhoods will oppose rezonings without specific proposals, be- cause they fear the unknown and assume the worst. Whether a City _ chooses to use this strategy or not should be a local zoning decision. The Metropolitan Council should not be involved, if there is no ad- verse effect on regional systems unless it becomes apparent that the City is flagrantly ignoring its approved comprehensive plan. Seconded by Councilmember Anderson. Ayes - Mayor.Greavu,•Councilmembers Anderson, Juker and Wasiluk Nay - Councilmember Bastian 3. Agreement - Board of Water Commissioners Project 86-03B a. Councilmember Bastian introduced the following resolution and moved its adoption: - 8 - 2/9 87-2-22 WHEREAS, the Council has ordered made City Project 86-03B, Water Service District 6 Improvements, and WHEREAS, the approved project plans call for construction of water main from the Beebe Road pumping station to the Board of Water Commis- sioners' of the City of St. Paul Hillcrest Reservoir through property along Furness Parkway which is owned by the City of St. Paul, and WHEREAS, an agreement exists between the Board of Water Commissioners and the City of Maplewood providing for the supply of water to the in- habitants and businesses of the City of Maplewood by the Board of Water Commissioners; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The agreement allowing for the easements and rights of con- nection for the water main located on property along Furness Parkway for City Project 86-03B, Water Service District 6 Improvements is hereby approved and the Mayor and City Clerk are authorized and directed to execute said agreement. 2. The payment of $9,879.00 to the Board of Water Commissioners for the Furness Parkway easements as described in said agree- ment is hereby approved. Seconded by Mayor Greavu. Ayes - all. 4. Change Order Project 86-03A (District No. 6 Water Tower) a. Acting Manager Haider presented the Staff report. b. Mrs. Kennedy, 2532 Stillwater Road, requested Council to reconsider the location of the water tower. c. Mayor Greavu introduced the following resolution and moved its adoption: 87-2-23 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 86-03A, Water Service District 6 Im- provements (Elevated Tank) and has let a construction contract to Hydrostorage, Inc., therefor pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 86-03A, Change Order 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COGNG3~L ~YF' M~YFLEW©~, MINNESOTA, that the Mayor and City Clerk are hereby authorized and directed to modify the existing contract by executing said Change Order I. - 9 - 2/9 Seconded by Councilmember Anderson. Ayes - all. 5. Agreement - Hillcrest Country Club Project 86-03A a. Mayor Greavu introduced the following resolution and moved its adoption: 87-2-24 WHEREAS, the Council has ordered City Project 86-03, Water Service District 6 Improvements, and WHEREAS, the Council intends to levy assessments against benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, water main easements are required for the project through property owned by the Hillcrest country Club located within .the City of St. Paul; NOW, THEREFORE, BE IT RESOLVED BY .THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that payment in the amount of $14,680.00 to the Hillcrest Country Club for water main easements is hereby approved. Seconded by Councilmember Bastian. Ayes - all. 6. Ordering Assessment Roll - Project 86-04 (County Road C Water Main) a. Councilmember Anderson introduced the following resolution and moved its adoption• 87-2-25 WHEREAS, the City Clerk and City Engineer have presented the final bid figures for the improvement ti~elbd•Ci'ry Project 86-04, County Road C Water Main. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City Office for inspec- tion. FURTHER, the Clerk shall, upon .completion of such proposed assessment notify the Council thereof. Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Wasiluk Nay - Councilmember Bastian. 7. Ordering Assessment Roll - Project 86-12 (Arkwright Street) - 10 - 2/9 a. Councilmember Wasiluk introduced the following resolution and moved its adoption: 87-2-26 WHEREAS, the City Clerk and City Engineer have presented the final bid figures for the improvementtitl~d City Project 86-12, Arkwright Street, Eldridge Avenue to County Road B. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, ~ MINNESOTA, that the City Clerk and City Engineer shall forthwith calcu- late the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City Office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assess- ment notify the Council thereof. Seconded by Mayor Greavu. Ayes - all. 8. Ordering Assessment Roll - Project 86-OS (Hillwood Drive) a. Councilmember Anderson introduced the following resolution and moved its adoption 87-2-27 WHEREAS, the City Clerk and City Engineer have presented the final bid figures for the improvement titled City Project 86--05, Hillwood Drive - Crestview Drive to Marnie Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City Clerk anfl City Engineer shall forthwith calcu- late the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City Office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. Seconded by Councilmember Wasiluk. Ayes - all. 9. Building Maintenance a. Acting Manager Haider presented the Staff report. - 11 - 2/9 b. Councilmember Bastian moved to authorize Staff to hire a full-time building maintenance person and approved a budget transfer of $17 100 from the Contingency Account to cover the costs of the new position Seconded by Councilmember Anderson. Ayes - all. 10. Parks and Recreation Foreman a. Acting Manager Haider presented the Staff report. b. Councilmember Bastian moved to table until the next meetin and ihstructed Staff to investigate combining this position with others. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Bastian and Wasiluk Nays - Councilmembers Anderson and Juker 11. Appointments - Captain and Sergeant a. Acting Manager Haider presented the Staff report. He also stated at this time, only the captain's position is requested. b. Councilmember Bastian moved to authorize the hirine of a full time Captain in the Police Department. Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson, Bastian, Juker and Wasiluk Nay -.Mayor Greavu, 12. Park and Recreation Annual Report and 1987 Activity Report a. Councilmember Juker moved to table this item until the meeting of February 23, 1987. Seconded by Councilmember Wasiluk. Ayes - all. 13. Time Extension - Gervais Overlook a. Mayor Greavu moved to approve a one-year time extension for Block One and Lots One through Eleven Block Two of the Gervais Overlook preliminary plat. Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Wasiluk Councilmembr Juker abstained. J. VISITOR PRESENTATIONS None. - 12 - 2/9 K. COUNCIL PRESENTATIONS 1. City Hall a. Councilmember Anderson expressed his concerns regarding the door from the lobby to the police department being locked during the day. 2. Sewer Billing a. Councilmember Bastian stated he had received a call from Mr. Ted DeZurik regarding late charges on his sewer bill; how the bills are sent and if each condominium owner could not receive a bill instead of the association. b. Staff to investigate. 3~ Aerial Committee a. Councilmember Bastian updated Council regarding the committee meetings. He also stated it was suggested that a tour of all the fire stations be es- tablished. The committee is very interested in house training facilities: 4. Williams Pipeline a. Councilmember Wasiluk stated she had received a call from Mrs.Deloses Gill on McKnight regarding the Williams pipeline that is next to her home. b. Staff will contact Mrs. Gill. 5. Home Occupations a. Councilmember Juker submitted a list of conditions she believes should be reviewed and attached to home occupation permits. b. Staff will review. L. ADMINISTRATIVE PRESENTATIONS 1. Meetings a. Acting Manager Haider reminded the Council of the following meetings: Feb. 16, 1987 - 10:00 A.M., Room 506 State Office Building - Council meeting with legislators. Feb. 23, 1987 - 5:30 P.M., Room 110, City Hall - Council to meet with Larry Thompson Councilmember Bastian moved to waive the Rules of Procedures and add Item L-2 Budget transfer to the Agenda. Seconded by Councilmember Anderson. Ayes - all. - 13 - 2/9 2. Budget Transfer a. Acting Manager Haider presented the Stsff report. b. Councilmember Bastian moved to approve a budget transfer in the amount of $8,000 from the Contingency Account to the Legislative Account to pay for the_City Manager search consultant. Seconded by Councilmember Juker. Ayes - all. M. ADJOURNMENT 9:52 P.M. City Clerk :I - 14 - 2/9