HomeMy WebLinkAbout10.15.87 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Thursday, October 15, 1987
Council Chambers, Miunicipal Building
Meeting No. 87 - 22
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 Arrived at 7:06 P.M.
Frances L. Juker, Councilmember Present
Charlotte Wasiluk, Councilmember Present
C. APPROVAL OF MINUTES
1. Meeting No. 87-22 (August 10, 1987)
Councilmember Anderson moved to approve the Minutes of Meeting No. 87-22
August 10, 1987) as submitted.
Seconded by Councilmember Wasiluk. Ayes - all.
APPROVAL OF A GENDA
Mayor Greavu moved to approve the Agenda as amended:
1. Larpenteur and Century
2. Breakfast Meeting
3. Wooded Lots
4. Remove Item I-1
5. Add Item I-9, Rolling Hills 2nd Addition
6. Add Item I-10, Rolling Hills amendment to Conditional Use Permit
- Seconded by Councilmember Anderson. Ayes - all.
E. CONSENT AGENDA
Councilmember Wasiluk moved, seconded by Councilmember Anderson, Ayes - all to
approve the Consent Agenda, Items 1 through 9 as recommended.
1. Accounts Payable
Approved the accounts, Part I - Fees, Services, Expenses Check Register dated
August 25., 1987 through October 6, 1987 - $1,000,383.85: Part II, Payroll
dated October 2, 1987, gross amount of $136,116.24 as recommended.
2. Revision of Budget for Computer System
Approved the budget transfer of $14,234 from the budget for computer system
lease payments to the budget for acquisition costs to cover installation/
training and word processing.
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3. Solid Waste Committee - Recycling Center Update
Accepted a 6 month report for the Maplewood Recycling Center.
4. Civil Service commission Reappointment
Reappointed Mr. Donald Weida to the Maplewood Civil Service Commission for
the term to expire December 31, 1989.
5. Time Extension: Beaver Lakes Estates Mobile Home Park
Approved the renewal of the conditional gse permit for Beaver Lake Estates
Mobile Home Park for five years, subject to the September 27, 1982 condi-
tions of approval.
6. Time Extension: Rolling Hills Mobile Home Park
Approved the renewal of the conditional use permit for Rolling Hills Mobile
Home Park first addition for five years.
7. Para Transit
Approved the request to allow the Northeast Suburban Transit Authority to
spend $1,200 of existing funds for a program administrator.
8. Certificate of Correction: Jefferson Fourth Addition.
Approved the following certificate of correction:
Pursuant to the provisions of Chapter 505.174, Laws of Minnesota,
1957, I, Howard W. Rogers, the undersigned, a registered surveyor
in and for the State of Minnesota, declare as follows:
That I prepared the plat of Jefferson Fourth Addition, which was
dated November 28, 1986, filed on April 2, 1987, in the office of
the County Recorder, Ramsey County, Minnesota, as document number
2371863.
I hereby certify that said plat contains errors in the following
particulars to wit:
1. The south line of Lot 11, Block 3, shows a distance of 80.07 feet.
2. The east line of Lot 11, Block 3, shows a distance of 174.34 feet.
3. The northwest line of Lot 10, Block 3, with the distance of 62.04
feet, shows no bearing for this line.
The said plat is hereby corrected in the following particulars to wit:
1. The south line of Lot 11, Block 3, should show a distance of 80.00
feet.
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2. The east line of Lot 11, Block 3, should show a distance of 174.52
feet.
3. The northwest line of Lot 10, Block 3, at the dimension of 62.04
feet should show a bearing of N 73° 08' 24" E.
Dated: September 21, 1987
9. Certificate of Correction: South Oaks 2nd Addition
Councilmember Bastian arrived at 7:06 P.M.
Approved the following certificate of correction:
Pursuant to the provisions of Chapter 505.174, Laws of Minnesota,
1957, 1, Howard W. Rogers, the undersigned, a registered surveyor in
and for the State of Minnesota, declare as follows:
That I prepared the plat of South Oaks 2nd Addition, which was dated
December 12, 1986, filed on April 10, 1987, in the office of the County
Recorder, Ramsey County, Minnesota, as document number 2373645.
I hereby certify that said plat contains errors in the following parti-
culars to wit:
1. The east line of the plat shows a distance of 847.68 feet.
2. The most westerly east line of the plat shows a distance of
100.02 feet.
3. The east line of Lot 4, Block 1, shows a distance of 220.00 feet.
4. The north line of Lot 4, Block 1, shows a distance of 158.04 feet.
5. The westerly line of Lot 4, Block 1, shows a distance of 210.72
feet.
6. The. north line of Lot 3, Block 1,-shows a distance of 193.93 feet.
7. The note which describes the south line of the North 465 feet of
the Northwest 1/4 of the Southwest 1/4 of Section 12.
8. The description in the dedication which describes the North 465
feet lying East of the West 293 feet of said 15.00 acres thereof.
The said plat is hereby corrected in the following particulars to wit:
1. The east line of the plat should show a distance of 847.56 feet.
2. The most westerly east line of the plat should show a distance of
100.14 feet.
3. The east line of Lot 4, Blr:ck 1, should show a distance of 219.88
feet.
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4. The north line of Lot 4, Block 1, should show a distance of 158.11
feet.
5. The westerly line of Lot 4, Block 1, should show a distance of
210.57 feet.
6. The north line of Lot 3, Block 1, should show a distance of 147.00
feet from the northwest corner going easterly, thence on a bearing
of South a distance of 0.12 feet; thence easterly to the northeast
corner a distance of 46.86 feet.
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7. The note which describes the South line of the North 465 feet should
say the South line of the North 465.12 feet.
8. The description in the dedication which describes the North 465
feet should say the North 465.12 feet.
Dated October 1, 1987.
E-A PRESENTATION
1. Cliff Aichinger, President, North Suburban Chamber of Commerce.
a. P1r. Aichinger presented the Chamber's concerns regarding the economic
development of the area.
PUBLIC HEARINGS
1. 7:00 P.M., Home Occupation - 1161 Lealand Road
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Jane and Dick Fosse for a conditional use permit to operate a beauty salon in
their home at 1161 Lealand Road.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the
proposal.
d. Commissioner George Rossbach presented the Planning Commission recom-
mendation.
e. Jane and Dick Fosse, the applicants, spoke on behalf of their proposal.
f. Mayor Greavu called for persons who wished to be heard for or against
the proposal. The following expressed their concerns:
Mr. Carlsten, 1170 Lealand Road
g. Mayor Greavu closed the public hearing.
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h. Councilmember Juker moved to table this item until such time as Council
is presented a map showing where the home occupation permits are located
Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson and
Juker
Nays - Mayor Greavu, Councilmembers
Bastian and Wasiluk
Motion failed.
i. Mayor Greavu introduced the following resolution and moved its adoption•
87 - 10 - 195
WHEREAS, Jane Christensen Fosse initiated a conditional use permit to
operate a home beauty salon at the following-described property:
Subject to Leland Road, the South 137 feet of the West 132 feet of
the East 264 feet of Block 4, Clifton Addition, Ramsey County.
This property is also known as 1161 Leland Road, Maplewood;
WHEREAS, the procedural history of this conditional use permit is as
follows:
1. This conditional use permit was reviewed by the Maplewood Planning
Commission on September 31, 1987. The Planning Commission recom-
mended to the City Council that said permit be approved.
2. The Maplewood City Council held a public hearing on October 15,
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 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 comprehensive plan and
with the purpose and standards of this chapter.
2. The establishment or maintenance of the use would not be detri-
mental 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.
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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 proper-
ties.
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. Customers shall park in the driveway or directly in front of the
applicant's house.
2. Compliance with the requirements in Section 36-66 (4) (b) per-
taining to the operation of a home occupation.
3. A smoke detector and fire extinguisher shall be provided in the
shop area.
4. Signage shall be limited to a wall-mounted, two-square-foot
maximum size sign.
Seconded by Councilmember Wasiluk. Ayes - Mayor Greavu, Councilmembers
Bastian and Wasiluk
Nays - Councilmembers Anderson and
Juker
G. AWARD OF BIDS
1. Project 86-15D - Mailand Road Booster Station Revisions
a. Manager McGuire presented the staff report.
b. Mayor Greavu introduced the following resolution and moved its adoption:
87 - 10 - 196
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid
of Richmar Construction, Inc., in the amount of $134,140 is the lowest re-
sponsible bid for the construction of Project 86-15D, Mailand Road Booster
Station Revisions, and the proper City officials are hereby authorized and
directed to enter into a contract with said bidder for and on behalf of the
City.
Seconded by Councilmember Anderson. Ayes - all.
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UNFINISHED BUSINESS
1. Accountant
a. Authorization to Hire
b. Purchasing Duties
1. Manager McGuire presented the staff report.
2. Councilmember Anderson moved to delay decision on this item until a
later date.
Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers
Anderson, Bastian and Juker
Nay - Councilmember Wasiluk
3. Councilmember Juker moved to waive the Rules of Procedures and discuss
authorization to fill current part-time accountant position.
Seconded by Councilmember Anderson. Ayes - all.
4. Councilmember Bastian moved authorization to fill part-time accountant
position.
Seconded by Councilmember Anderson. Ayes - all.
2. Noise Ordinance (Second Reading)
a. City Attorney Kelly explained the proposed noise ordinance.
b. P4ayor Greavu introduced the following resolution and moved its adoption:
ORDINANCE N0. 611
AN ORDINANCE FOR NOISE CONTROL
THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS:
Section 1. Section 19-48 is added as follows:
"A. Section 19-48. Noises Prohibited. General prohibition. No person
shall make or cause to be made any distinctly and loudly audible noise that
unreasonably annoys, disturbs, injures, or endangers the comfort, repose,
health, peace, safety, or welfare of any person or precludes their enjoyment
of property or affects their property's value. If the event or activity is
sponsored by the City or authorized and has a permit for such activity issued
by the City, this prohibition does not apply. This general prohibition is
not limited by the specific restriction of the following subdivision. Any
violations of this general prohibition between the hours of 10:00 P.M. and
7:00 A.P4., is a per se violation of this ordinance.
Section 2. Section 19-49. Domestic power equipment. The normal opera-
tion of domestic power equipment shall not be subject to the noise level
limitations in Sections 19-48 and 19-50. Domestic power equipment as used
herein means power lawn mowers, hedge clippers, edgers; chain saws; garden
tillers; mulchers; and power saws, drills, hammers, and sanders.
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Section 3. Section 19-50. Construction activities. No person shall
engage in or permit construction activities involving the use of any kind
of electric, diesel, or gas-peaaered machine or other power equipment except
with a permit issued by the City Clerk after complying with requirements
and fees set by the City Council, for purposes of noise control.
Section 4. Section 19-51. Application; fee duration.
a) Any person desiring a permit to engage or permit construction.
activities involving the use of any kind of electric, diesel, or gas-powered
machine or other power equipment in the City shall make application for the
same to the Clerk upon a form prescribed by the City Council. The applica-
tion shall set forth:
1. The name and address of the applicant;
2. A list of the equipment which the applicant proposes to use in
such construction activities;
3. The place or places in which the construction activity willoccur;
4. The manner in which said. construction equipment is to be used and
the type of construction activity which will occur;
5. The times and dates in which the equipment will be used for con-
e struction activity.
b) Said application described in Subsection (a) in this section shall
be submitted to the City Clerk, or a duly authorized representative, finds
that the applicant is responsible, has proper equipment for such construction
activity and that no nuisance is likely to be created by the granting of said
permit, the Clerk shall endorse the approval upon the application. The City Clerk:
shall set the times and dates for use of such equipment. If the applicant contests`'
the times and dates set by the Cleric, then such applicant may appeal the Clerk's
decision to the City Council who shall set the times and dates for use of such
equipment. '
c) Before any permit may be issued, the applicant shall pay to the Clerk
a permit fee imposed, set, established and fixed by the City Council, by resolu-
tion, from time to time, which fee shall accompany the application.
d) No permit issued under this article shall be for a period longer than
thirty days.
Section 5. Section 19-52. Enforcement duties. The Maplewood Police
Department shall enforce the provisions of this ordinance. The Maplewood
Police Department or its members may inspect private premises other than
private residences and shall make all reasonable efforts to prevent violations
of this ordinance.
A. Civil remedies. This ordinance may be enforced by injunction, action
for abatement, or other appropriate civil remedy.
B. Noise impact statements. The Council may require any person applying
for a change in zoning classification or a permit or license for any structure,
operation, process, installation or alteration, or project that may be con-
sidered a potential noise source to submit a noise impact statement on a form
prescribed by the Council. It shall evaluate each such statement and take its
evaluation into account in approving or disapproving the license or permit
applied for or the zoning change requested.
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C. Criminal penalties. Every person who violates any provision of this
ordinance is guilty of a misdemeanor and shall, upon conviction, be subject
to a fine of not more than $700 or imprisonment for a term of not to exceed
90 days, or both, plus, in either case, the costs of prosecution. Each act
of violation and each day a violation occurs or continues constitutes a
separate offense.
Section 6. This ordinance shall take effect upon its passage and publi-
cation."
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Passed by the Maplewood City Council
this 15th day of October, 1987.
Mayor
ATTEST:
City Clerk
Seconded by Councilmember Juker. Ayes - all.
3. Rejection of Bids - Project 86-15C - District 8 Water Tower
a. Manager McGuire stated two bids were received for the proposed water
tower to serve District 8. One bidder proposed a large deduct if certain items
in the specifications were changed. Since this is an irregularity, the project
should be rebid.
The specifications would be changed prior to rebidding to allow the modifica-
tions suggested by the contractor.
It is recommended that the bids be rejected and that staff be authorized to
change the specification and rebid the project.
b. Mayer. Greavu moved to reject the bids for Project 86-15C and authorize
staff tci change the specifications and rebid the project.
Seconded by Councilmember Bastian. Ayes - all.
I. NEW BUSINESS
1. Winter Carnival Promotional Home
a. Applicant withdrew the item.
2. Open Space committee Recommendation
a. Commissioner Don Christianson presented the report for the Open Space
Committee.
b. Councilmember Anderson moved to approve the concept of acquiring the
property in the southwest qu~ttex' of Section 24, Township 28, Range 22 in
Ramsey County and authorize $1250 for appraisal of the property and three
homes.
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Seconded by Councilmember Juker. Ayes - all.
3. Water Main Request - Metropolitan Imported Autos, Inc.
a. Manager McGuire presented the staff report.
b. Councilmember Juker introduced the following resolution and moved its
adoption•
87-10-197
WHEREAS, a petition has been received for watermain on the east side of
T.H. 61 north of Kohlman 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,
MINNESOTA, as follows:
1. 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 improvement 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 im-
provement as recommended.
2. That said report shall not be prepared until the project peti-
tioners establish an escrow with the City equal to 150 of the
estimated report preparation cost. The escrow amount shall be
estimated by the City Engineer and shall be-refunded only upon
ordering of a project.
Seconded by Councilmember Wasiluk. Ayes - all.
4. Ordinance - Material Extration and Hauling - St. Paul Water Department
a. City Attorney Pat Kelly presented the report.
b. The following area residents presented their concerns regarding the
actions of the St. Paul Water Department:
Carolyn Peterson, 1999 Jackson
Clarence Osen, 50 E. Roselawn
George Rossbach, 1406 E. County Road C
Herbert Engman, 94 E. Roselawn
c. Manager McGuire reported on the meeting with 'the St. Paul Water Board.
d. No action taken.
5. Code Amendment - Lot Line Verification (1st Reading)
a. Manager McGuire presented the staff report.
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b. Councilmember Anderson moved first reading of an ordinance requiring
verification of lot lines for construction.
Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Wasiluk
Nay - Councilmember Bastian
6. Legislation - Representation on Water Board.
a. Council directed Manager McGuire to investigate and report back.
7. Code Amendment: Metal Pole Buildings (1st Reading)
a. Manager McGuire presented the staff report.
b. George Rossbach, 1406 E. County Road C, presented a definition of pole
buildings.
c. Roxanne Hirsch, 1225 Frost Avenue, asked questions regarding the proposed
ordinance.
d. Councilmember Anderson moved first reading of an ordinance allowing metal
pole buldings in manufacturing districts when found to be substantially screened
from view from residentially-zoned land or streets.
Seconded by Councilmember Bastian. Ayes - all.
8. Code Amendment: Driveway Turn-Arounds (1st Reading)
a. Manager McGuire presented the staff report.
b. Mayor Greavu moved first reading of an ordinance requiring driveway turn-
arounds for all new homes on arterial streets.
Seconded by Councilmember Juker. Ayes - all.
9. Rolling Hills Mobile Home Park 2nd Addition
a. Mr. Richard Pearson, owner of Rolling Hills Mobile Home Park 2nd Addition,
requested Council to amend his conditions for construction of the park.
b. Councilmember Bastian moved the following:
1. Amend Condition Six of the Community Design Review Board approval as
follows:
6. The storm shelter shall be completed by mid February, 1988. It
shall be accessible to the handicapped.
Seconded by Councilmember Anderson. Ayes - all.
c. Councilmember Bastian moved the following:
Amend Condition Ten of the conditional use permit as follows:
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10. Sales of mobile homes shall be limited to those owned by_paik
residents and those sold by the park owner or his designee for
placement in the park. Sales shall be limited to 110 homes.
Seconded by Mayor Greavu. Ayes - all.
J. VISITOR PRESENTATION
1. Bob Chappell
a. Mr. Chappell stated he would be starting to clean up and renovate 1897
Birmingham tomorrow.
K. COUNCIL PRESENTATIONS
1. Larpenteur and Century
a. Councilmember Anderson stated this intersection is a problem and requested
staff to investigate and report back,
b. Councilmember Juker moved to suspend the Rules of Procedure.
Seconded by Councilmember Anderson. Ayes - all.
c. Councilmember Anderson moved to authorize staff to contact Ramsey County
and the State of Minnesota for the placement of semaphores at Larpenteur and
Century.
Seconded by Councilmember Juker. Ayes - all.
2. Breakfast Meeting
a. Councilmember Anderson requested a breakfast meeting be scheduled to meet
with the Manager.
b. Councilmember Anderson moved Friday, October 30, 1987 at 7:00 A.M.
- Seconded by Councilmember bastian. Ayes - all,
3. Wooded Lots
a. Councilmember Anderson expressed his concerns of the development of wooded
lots. Developers are leveling the lots.
L. ADMINISTRATIVE PRESENTATIONS
None.
M. ADJOURNMENT
9"16 P.M.
City Clerk
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