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HomeMy WebLinkAbout03.09.87 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., MONDAY, MARCH 9, 1987 COUNCIL CHAMBERS, MUNICIPAL BUILDING MEETING N0. 87-05 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. 87-04 (February 23, 1987) Councilmember Wasiluk moved to approve the Minutes of Meeting No. 87-04 (February 23, 1987) as submitted. Seconded by Mayor Greavu. Ayes - al L D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Minnesota Cities Magazine 2. Communications 3. Fire Service Meeting Update 4. Announcement 5. Opening - Recycling Center 6. Schedule of Meetings 7. Add Item I-5, Police Contracts 8. Building Permit Time Limits Seconded by Councilmember Bastian. Ayes - all. E. CONSENT AGENDA Council removed Items E-6 and 3 to become Items I-6 and 7. Councilmember Bastian moved, seconded by Mayor Greavu, Ayes - All to approve the Consent Agenda Items E-1, 2, 4, 5 7 and 8 as recommended: 1. Accounts Payable Approved the accounts (Part I, Fees Services, Expenses check register dated 02-25-87 through 02-27-87 - $650,099.99) as submitted. 3/9 2. Renewal of Interceptor Maintenance Agreement for 1987 Resolution No. 87 - 3 - 39 BE IT HEREBY RESOLVED that the Interceptor Maintenance Agreement No. 129 for 1987, under the same general terms and conditions contained in the Agreement now in force between the City of Maplewood and the Metropolitan Waste Control Commission and including the following change: "6.02. Cost Estimates Monthly Payments." The parties estimate that the total amount of costs which the Commission will be required to pay to the Municipality for performance of this agreement in 1987 will be $12,000.00. The Commission agrees to pay to the Municipality on or before the last day of each month in 1987, the sum of $1,000.00 as an advance payment of such costs. On or before April 1, 1988, the Munici- pality will submit to the Commission a detailed statement of the actual costs incurred by the Municipality which the Commission is required to pay '•in accordance with Section 6.01, and will remit to the Commission any amount paid to the Municipality which is in excess of such actual costs. If the total of the monthly advances previously paid by the Commission is less than the actual amount of such costs, the Commission shall pay to the Municipality on or before May 1, 1988, an amount equal to the difference between the actual costs and the monthly advances previously paid. The Municipality shall keep detailed records supporting all costs of the types specified in Section 6.01, which it expects the Commission to pay, and shall make the same available to the Commission on request. 3. 3. Federal Revenue Sharing Discussed under Item I-7. 4. Approval of Agreement - C.N.W. Railroad Project 81-20 Resolution No. 87 - 3 - 40 WHEREAS, the Council has ordered made City Project 81-20 and McKnight Road reconstruction, and WHEREAS, the approved project plans call for construction of sanitary sewer main within the Chicago and Northwestern Transportation Company right-of-way, and WHEREAS, said company requires a construction agreement with all right-of-way users, NOW, 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. 5. Change Order No. 2 - Project 85-07 Resolution No. 87 - 3 - 41 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 85-07, Crestview Drive-Hudson Place Water Main, and has let a construction contract therefore pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 85-07, Crestview Drive-Hudson Place Water Main, Change Order 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, .that the Mayor is hereby authorized and directed to modify the existing contract by executing said Change Order 2. 6. Purchase Authorization Discussed under Item I-6. 7. Time Extention South Oaks Approval of a one-year time extension for the South Oaks preliminary plat, subject to the original conditions as amended on March 25, 1985. In addl- . tion, the "wetland area" shown on the proposed final plat shall be renamed "drainage easement" and the boundaries of the easement shall be revised, as necessary, to comply with the final grading and drainage plan. 8. 1987 Fee Schedule for Park Facilities Adopted the 1987 Fee Schedule for Reservation of Park Facilities as submitted. F. PUBLIC HEARINGS 1. 7:00 P.M., Variance - Preliminary Plat and Rezoning": Budd Kolby a. Mayor Greavu moved to table this item and hold the hearing in conjunction with Item I-1. Seconded by Councilmember Bastian. Ayes - all. G. AWARD OF BIDS None. H. UNFINISHED BUSINESS None. I. NEW BUSINESS 1. Street Plan Sterling Street - Mailand to Highwood - Project 86-15 a. Acting City Engineer Chuck Ahl presented the Staff report. b. Mr. Chad Lemons, 914 Evar Street, asked questions of the Council and presented his views. - 3 - 3/9 c. Mr. Brian Bachmaier, representing School District No. 622 presented the views of the school district and answered questions from the Council. d. Commissioner Bob Cardinal presented the Planning Commission recommendation. e. Mayor Greavu moved to endorse the street plan concept for Sterling Street from Mailand Road to Highwood Avenue as presented. Seconded by Councilmember Anderson. Ayes - all. F. PUBLIC HEARINGS (Continued): 2. 7:10 P.M., Beam Avenue Trunk Water Main Project 84-12 a. Mayor Greavu convened the meeting for a public hearing regarding the proposal to construct a trunk water main on Beam Avenue from the railroad bridge to approximately 1,300 feet west of Trunk Highway 61. b. Acting City Engineer Ahl presented the Staff report. c. Commissioner Bob Cardinal .presented the Planning Commission report. . d. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following expressed their opinions: Marilyn Vars, 1140 Beam Avenue Frank Frattalone, developer of the property north of Beam Avenue Arthur Manke, 1210 Beam Avenue e. Mayor Greavu closed the public hearing. f. Councilmember Anderson introduced the following resolution and moved its adoption• 87-3-42 WHEREAS, after due notice of public hearing on the construction of _ trunk water main on Beam Avenue from the railroad bridge to approximately 1,300 feet west of Trunk Highway 61, a hearing on said improvement in ac- cordance with the notice duly given was duly held on March 9, 1987, and the Council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is advisable, expedient, and necessary that the City of Maplewood construct trunk water main on Beam Avenue from the railroad bridge to approximately 1,300 feet west of Trunk High- way 61 as described in the notice of hereing 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. Seconded by Mayor Greavu. Ayes - all. - 4 - 3/9 1. 7:00 P.M., Variance - Preliminary Plat and Rezoning - Budd Kolby (Continued) a. Mayor Greavu convened the meeting for a public hearing regarding the request of Castle Design and Development for (1) a variance to allow two cul-de-sacs in excess of 1000 feet in length; (2) approve a preliminary plat for 43 single-dwelling lots and three outlots; and (3) rezone the easterly half of the site from F, farm residence, to R-1, single dwelling. b. Director of Community Development Olson presented the Staff report. c. Commissioner Bob Cardinal presented the Planning Commission recom- mendation. d. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following were heard: Brian Buchmier, representing School District No. 622 Ken Gervais, Castle Design George Rossbach, 1406 E. County Road C e. Mayor Greavu closed the public hearing. f. Councilmember Anderson moved to approve Phase I including the Linwood cul-de-sac and for Staff to evaluate what the cost would be to connect Dahl Road. Seconded by Councilmember Juker. Councilmember Anderson withdrew his motion. g. Councilmember Anderson moved approval of the Budd Kolby Second Addition preliminary plat, dated 11-20-86, subject to the following conditions• 1. Phase II must connect to an existing street or to a street that is guaranteed to be constructed. 2. Show a twenty-foot wide sanitary sewer easement from the Phase II cul- de-sac to Outlot B. 3. A recordable quit-claim deed shall be submitted to the City for a ten-foot-wide easement to be centered on the easement required in condition 2. 4. The southeast portion of Outlot A shall be revised to provide enough area for a smooth transition of the walkway from Jefferson Fourth Addition to Outlot A. 5. A recordable quit-claim deed(s) shall be submitted to transfer ownership to the City for Outlots A and C. 6. Final grading, utility, erosion control and drainage plans shall be submitted to the City engineer for approval. These plans shall include, but not be limited to: - 5 - 3/9 (a) construction of a sanitary sewer from Outlot B to Dahl Road (b) grading for the following trails: (1) An eight-foot-wide corridor from Outlot A to Dorland Road. The location within the ease- ment shall be approved by the City Engineer. (2) An eight-foot-wide corridor from the Phase II cul-de-sac to Outlot B. The trail corridor shall be graveled to the west line of Outlot B. (c) The area of trees to be preserved shall be identified on the site before grading begins. 7. A drainage easement shall be shown along the west ten feet of Lots 27 - 29. 8. A drainage easement shall be shown ten feet either side of the storm sewer south of Linwood Court. If a drainage Swale is to be con- structed, the easement width shall be determined by the City Engineer. 9. A declaration of covenants shall be prepared by the applicant and sub- mitted to the Director of Community Development for approval. This document shall prohibit driveway access from Linwood Avenue to Lots one - Six and Lot Seventeen in the northeast portion of the plat. 10. Submittal of a signed developer's agreement and required surety to include, but not be limited to: (1) street and utility construction. (2) construction of an eight-foot-wide trail from Outlot A to Dorland Road. The trail shall be bituminous. (3) removal of the barn and garage. 11. The words "Outlot B" should be contained within the area to be designated as Outlot B. Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Wasiluk Nays -.Councilmember Juker h. Councilmember Anderson introduced the following resolution and moved its adoption• 87-3-43 WHEREAS, Castle Design and Development applied for a cul-de-sac length to construct a cul-de-sac in excess of 1000 feet of length in the Budd Kolby Second Addition. - 6 - 3/9 WHEREAS, Section 30-8 (3) of the Maplewood Code of Ordinances restricts the length of cul-de-sacs to 1000 feet; WHEREAS, the applicant is proposing cul-de-sacs of 1225 and 1275 feet of length, requiring variances of 225 and 275 feet, respectively; WHEREAS, the procedural history of this variance is as follows: I 1. This variance was reviewed by the Maplewood Planning Commission on March 2, 1987. The Planning Commission recommended to the City Council that said variance be approved. 2. The Maplewood City Council held a public hearing on March 9, 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 state- ments. 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 variance be approved on the basis that an unusual hardship exists due to the unique topography of the land. Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Wasiluk Nays - Councilmember Juker. i. Councilmember Anderson introduced the following resolution and moved its adoption• 87-3-44 WHEREAS, the City of Maplewood initiated a rezoning from F, farm residence to R-1, residence district (single dwelling) for the following- described property: The West half of the Northeast Quarter of the Northwest Quarter of Section 13, Townhip 28, Range 22, Ramsey County, Minnesota. WHEREAS, the xrocedural history of this rezoning is as follows: 1. This rezoning was initiated by the City of Maplewood pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commission on March 2, 1987. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on March 9, 1987, to consider this rezoning. Notice thereof was published and - 7 - 3/9 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 recom- mendations of the City Staff-and-Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY 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. 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 safe- guarded. 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 faci- lines, such as public water, sewers, police and fire protection and schools. Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian, and Wasiluk Nays - Councilmember Juker. I. NEW BUSINESS (Continued) 2. Supplementary Agreement No. 1 - Project 86-03 a. Acting City Engineer Chuck. Ahl presented the Staff report. b. Councilmember Wasiluk introduced the following resolution and moved its adoption: 87-3-45 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project No. 86-03B, Water Service District 6 Improvements and has let a construction contract with L & G Rehbein, Inc., therefore pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project No. 86-03B, Water Ser- vice District 6 Improvements, Supplementary Agreement No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the Mayor and City Clerk are hereby authorized and directed to modify the existing contract by executing said Supplementary Agreement No, 1. - 8 - 3/9 Seconded by Councilmember Bastian Ayes - Mayor Greavu, Councilmembers Bastian and Wasiluk Nays - Councilmembers Anderson and Juker. c. Councilmember Bastian requested Staff prepare a report and submit it to Council regarding the duck habitat. 3. Code Amendment Building Code (First Reading) a. i~yor Greavu moved first reading of an ordinance amending the City Code to provide for the new building code as adopted by the State. Seconded by Councilmember Juker. Ayes - all. 4. Texaco Food Mart Signs a. Councilmember Bastian moved to initiate a code amendment to allow the Community Design Review Board to approve additional signs for multi-service businesses, provided that all signs are part of an attractive and consistent overall_sign plan and do not exceed the maximum area allowed far all signs. Seconded by Mayor Greavu. Ayes - all. 5. Police Contracts a. Mayor Greavu moved to approve the police contract as then are consistent with other union contracts for 1987, (1) 32 per cent increase, (2) a six- month contract, and (3) add Martin Luther King, Jr. Day as a paid holiday. Seconded by Councilmember Anderson. Ayes.- all. 6. Purchase Authorization a. Councilmember Juker moved to approve the purchase of a table and file for the building inspector's office. Seconded by Councilmember Anderson. Ayes - all. 7. Federal Revenue Sharing a. Acting City Manager Ken Haider stated the Federal Revenue Sharing program ended September 30, 1986. However, recently the City of Maple- wood received $3,674 of Federal Revenue Sharing money. This payment resulted from the allocation of revenue sharing reserve funds which have been held for final adjustments to local governments. b. Councilmember Bastian moved to transfer the Federal Revenue Sharing money received in 1987 plus accrued investment interest to the General Fund and that the $3,674 be "earmarked" for the Fire Department V.E.M. Fund. Seconded by Councilmember Anderson. Ayes - all. - 9 - 3/9 J. VISITOR PRESENTATION 1. Mr. Gerke a. Mr. Gerke stated the cars from the automobile dealerships are still parked on the right of way. K. COUNCIL PRESENTATIONS 1. Minnesota Cities Magazine a. Councilmember Anderson commented on the Article in the "Minnesota Cities Magazine" written by Councilmember Bastian relating to Manager selection. 2. Communications a. Councilmember Anderson questioned why the Council was not informed that a captain for the police department had been appointed. He read about it in the paper. 3. Fire Service Update a. Councilmember Bastian stated there will be a tour of the five fire departments on April 11, 1987, at 10:00 A.M. and requested the Council to attend. 4. Announcements a. Councilmember Bastian tabled this item to a later date. 5. Opening - Recycling Center a. Councilmember Wasiluk invited the £ouncil to attend the opening of the Recycling Center, Saturday, April 4, 1987, at 10:00 A.M. 6. Building Permit Time Limits a. Council questioned how this item was progressing. L. ADMINISTRATIVE PRESENTATIONS 1. Meetings a. Acting City Manager Haider stated the four candidates for Manager position will be meeting with Staff at 1:30 P.M, and with the Council at 4:00 P.M, on Friday, March 13, 1987. On Saturday, March 14, 1987, the Council will inter- view the candidates from 9:00 A.M. to 12:00 P.M. and 1:00 P.M. to 4:00 P.M. M. ADJOURNMENT 9:50 P.M. City Clerk - 10 - 3/9