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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. 10/15 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. - 2 - 10/15 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. - 3 - 10/15 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. i 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. - 4 - 10/15 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. - 5 - 10/15 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. - 6 - 10/15 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. - 7 - 10/15 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. - 8 - 10/15 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." i 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. - 9 - 10/15 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. - 10 - 10/15 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: - 11 - 10/15 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 - 12 - 10/15