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HomeMy WebLinkAbout01.25.88 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, January 25, 1988 Council Chambers, Municipal Building Meeting No. 88 - 2 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 7:12 P.M. by Acting Mayor Anderson. B. ROLL GALL Norman G. Anderson, Acting Mayor Present John C. Greavu, Mayor Absent Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present George Rossbach, Councilmember Present C. APPROVAL OF MINUTES 1. Meeting No. 88 - 1 (January 11, 1988) Councilmember Bastian moved to approve the Minutes of Meeting No. 88-1 (January 11, 1988) as submitted. Seconded by Acting Mayor Anderson. Ayes - all. D. APPROVAL OF AGENDA Acting Mayor Anderson moved to approve the Agenda as amended: 1. Mn. D.O.T. 2. Boundary - School Meeting 3. St. Paul Water Department 4. N.S.P. 5. Medical Development 6. Recodification 7. Beam Avenue 8. Civil Defense 9. Maplewood Recognition 10. Home Occupations Seconded by Councilmember Bastian. Ayes - all. E-A-1 Appointments 1. Planning Commission a. Acting Mayor Anderson moved to appoint Frank Dempsey to the Planning Commission. Seconded by Councilmember Juker. Ayes - all. 1/25 2. Park and Recreation Commission a. Councilmember Bastian moved to appoint Jeanne Ewald to the Parks and Recreation Commission. Seconded by Councilmember Juker. Ayes - all. E-A-2 PRESENTA3'IONS 1. North Maplewood Lions a. Joseph Zappa, President of the North Maplewood Lions, presented a placque dedicating the purchase of the City Hall lobby furniture from the Lions to the City of Maplewood.. E. CONSENT AGENDA Acting Mayor Anderson moved, seconded by Councilmember Bastian, Ayes - all, to approve the Consent Agenda as recommended: 1. Accounts Payable Approved the accounts (Part I, Fees, Services, Expenses check register dated January 6, 1988 through January 20, 1988 - $653,498.92: Part II, Payroll Pay period ending 1-01-88 - gross amount $143,193.77) as recommended. 2. 1988 Budget Change - Prosecution Costs Approved a budget transfer of $4,380 from the General Contingency Fund Account to finance the increase in retainer fee for the prosecuting attorney. 3. Budget Transfer - Directory Board Apporved a budget transfer for $980.00 from the General Contingency Fund Account for the purchase of a directory board to be placed in the entry way to City Hall. 4. Donation - Trinity Baptist Church Accepted the donation of $400 from the Trinity Baptist Church and directed a letter of appreciation be sent to the Church. 5. Budget Transfer: Beaver Creek Apartments - Project 85-02 Approved a budget transfer of approximately $10,000 from the Hydrant Charge Fund 203 to reimburse the developer, Castle Design and Development Company, for the increase of a public water main to 16 inches from Project 85-02. F. PUBLIC HEARINGS 1. 7:00 P.M., Code Amendment: Multiple Dwelling Signs (2nd Reading - 4 Votes) a. Acting Mayor Anderson convened the public hearing. - 2 - 1/25 b. Manager McGuire presented the staff report. c. .Director of Community Development Olson presented the specifics of the proposal. d. Mr. Lauren Ashley, representing Concordia Arms, 2030 Lydia, spoke in favor of additional signing. e. Councilmember Bastian moved to table this item until after Item F-2. Seconded by Acting Mayor Anderson. Ayes - all. 2. 7:10 P.M., Conditional Use Permit: 2683 Geranium (Hechtel) a. Acting Mayor Anderson convened the meeting for a public hearing regarding the request of Lou Hechtel for a conditional use permit to give ceramics classes 3 to 4 days a week in her home. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Mrs. Lou Hechtel, the applicant, spoke on behalf of her request. e. Acting Mayor Anderson called for proponents. None were heard. f. Acing Mayor Anderson called for opponents. None were heard. g. Acting Mayor Anderson closed the public hearing. h. Councilmember Juker moved to table this item until the second Meeting in March. Seconded by Acting Mayor Anderson. Ayes - Acting Mayor Anderson and Councilmember Juker Nays - Councilmembers Bastian and Rossbach. Motion failed. i. Councilmember Bastian introduced the following resolution and moved its adoption• 88-1 -9 WHEREAS, Pos. Lou Hechtel initiated a conditional use permit to hold ceramics classes in her home at the following-described property: Lot 16, Block 6, Midvale Acres No. 2 This. property is also known as 2683 Geranium Avenue, Maplewood; - 3 - 1/2~ WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was reviewed by the Maplewood Plan- . ning Commission on January 4, 1988. The Planning Commission recommended to the City Council that said permit be approved. 2. The Maplewood City Council held a public hearing on January 25, 1988. 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 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. 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 prop- erties. 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. - 4 - 1/25 10. The use would cause minimal adverse environmental effects. Approval is for one year and subject to compliance with Section 36-66 (4) of the City code and all fire safety requirements. Seconded by Acting Mayor Anderson. Ayes - all. j. Acting Mayor Anderson moved to have the home occupations removed from the Conditional Use Permit requirements. Seconded by Councilmember Juker. Staff informed Council that such a recommendation would have to be sent to the Planning Commission for input. The earliest it could be before Council would be the second meeting in March. Acting Mayor Anderson withdrew his motion. 1. 7:00 P.M., Code Amendment: Multiple Dwelling Signs (2nd Reading - 4 Votes) f. Acting Mayor Anderson called for proponents. None were heard. g. Acting Mayor Anderson called for opponents. None were heard. h. Acting Mayor Anderson closed the public hearing. i. Councilmember Bastian introduced the following resolution and moved its adoption• ORDINANCE N0. 620 AN ORDINANCE AMENDMENT FOR SIGNS IN RESIDENTIAL DISTRICTS The Maplewood City Council hereby ordains as follows: Section 1. Section 36-316 (3) is amended to read as follows: (3) Wall signs up to twenty-four (24) square feet and freestanding signs up to fifteen (15) square feet may be allowed by sign permit for apartment or townhouse complexes, churches, schools, libraries, community centers or any other institutions. Based on the following factors, the Community Design Review Board may approve freestanding signs for the above uses from 16 to 32 square feet: 1. Acreage of the total development; 2. Design of the sign, including lighting; 3. Setback and visability from a public roadway; 4. Need for identification by the applicant; 5. Public safety concerns; 6. Proximity to low density residential and recreational areas; 7. Overall landscape design of applicant's property, including topo- graphy; 8. The nature and design of the message board supports. - S - 1/25 The total square footage of any freestanding sigtn approved by the Com- munity Design Review Board under this subsection shall measure the overall dimensions of the sign message board. One fascia and freestanding sign shall be permitted for each street frontage. Section 2. Section 36-437, Conditional Uses, is amended to read as follows: Section 36-437. Conditional Uses. Conditional use permits may be issued by the City Council in any zoning district for any of the following: 1. Any of the uses or purposes for which such permits are required by the provisions of this chapter. 2. Public utility, public service or public building uses in any district, when found to be necessary for the public health, safety, convenience or welfare. 3. Mineral extraction in any district. 4. To permit the location of any of the following uses in a district, from which they are excluded: Heliport, lilirary, community center, church, hospital, any institution of any educational, philanthropic or charitable nature, cemetery, crematory, mausoleum or any other place for the disposal of the human dead. 5. An off-street parking lot as a principal use in a commercial or industrial zoning district. 6. The use of portions of an apartment building for commercial or business uses, such as a dairy store, drugstore, beauty parlor, barbershop, doctor's, dentist's or lawyer's office, and similar uses. 7. Planned unit developments (PUD). Section 3. This ordinance shall take effect upon its passage and publication. Seconded by Acting Mayor Anderson. Ayes - all. G. AWARD OF BIDS None. H. UNFINISHED BUSINESS 1. Code Amendment: BC(M) District - Gas Pumps (2nd Reading - 4 Votes) a. Manager McGuire presented the Staff report. b. Councilmember Bastian moved to approve the Code Amendment to allow Qas pumps in BC (M) District zones. Seconded by Councilmember Rossbach Ayes - Councilmembers Bastian and Rossbach• _ 6 _ l/25 Nays - Acting Mayor Anderson. and Councilmember Juker. Motion failed. Councilmember Bastian moved to discuss Item H-2. Seconded by Acting Mayor Anderson. Ayes - all. 2. Rules of Procedures a. Manager McGuire presented the Staff report. b. Councilmember Juker moved an amendment that Acting Mayor be on a rotating basis and introduced the following resolution and moved its adoption: 88-1 -10 RULES OF PROCEDURE Section 1. MEETINGS Regular: The City Council shall hold regular meetings on the second and fourth Mondays of each month at 7:00 P.A1., provided that when the day fixed for any regular meeting falls on a day designated by law as a legal holiday, such meeting shall be held at the same hour on the next succeeding Thursday not a holiday. Special: The Mayor or any two members of the Council by writing filed with the City Clerk at least twenty-four hours before such meeting may call a special meeting. Notice of such meeting shall state the purpose or purposes thereof and shall be personally delivered to each member or be left at the members usual place of residence with a person of suitable age and discretion then residing therein, or written notice thereof shall be left in a conspicuous place at the residence if no such person can be found there. The notice shall be delivered twelve hours before the meeting time. Except for trivial matters, business transacted at a special meeting shall be limited to that mentioned in the call. Emergency meetings may be called at any time providing all members of the Council sign waivers of notice to such meeting and said waivers shall be filed with the City Clerk. Place: All meetings shall be held in the Council Chambers of the Maplewood Municipal Building unless there is a published notice designating another location. Presiding Officers: The Mayor shall preside at all meetings of the Council. In the absence of the Mayor, the Acting Mayor shall preside. In the absence of both, the Gouncilmembers shall elect one of their number as temporary chairman. uorum: Three members of the Council shall constitute a quorum at any meeting of the Council, but a smaller number may adjourn from time to time. - 7 - 1/25 Order of Business: At the hour appointed for meeting, the members shall be called to order by the Mayor, or in his absence by the Acting Mayor, or in the absence of both, by the Clerk, the Clerk shall call the roll, note the absentees and announce whether a quorum is present. In the absence of the Clerk, the Mayor shall appoint a secretary protem. Upon the appearance of the quorum, the Council shall pro- ceed to business-which shall be conducted in the following order: A. Call to order B. Roll Call C. Approval of Minutes D. Approval of Agenda E. Consent Agenda F. Public Hearings G. Award of Bids H. Unfinished Business I. New Business J. Visitor Presentations K. Council Presentations L. Administrative Presentations M. Adjournment Curfew: No additional agenda item will be discussed after 10:30 P.M. Meetings adjourned under this policy will be continued to the next Thursday's pre-agenda meeting at 4:30 P.M. The continued meeting will start at the point on the agenda where the adjourn- ment occurred. No new items will be added to the continued meeting agenda. First ReQUlar: At the first regular Council meeting in January of each year, the Council shall (1) designate the official newspaper, (2) choose an Acting Mayor on a rotating basis from the membership of the Council who shall perform the duties of the Mayor during the disa- bility or absence of the Mayor, and. (3) review the Rules of Pro- cedure of the City Council and make any necessary changes if such changes are desired. Section 2. AGENDA FOR REGULAR MEETING (1) All matters to be submitted to the Council shall be filed not later than 12:00 Noon on the Monday prior to the Monday Council meeting at which con- sideration is desired, and shall be delivered to the City Manager, or in his absence, the City Clerk. In unusual circumstances and when the matter does not require investigation, an item may be accepted after the deadline upon the approval of the City Manager. (2) Except for trivial matters, no item or business shall be considered for action by the Council which does not appear on the agenda for the meet- ing, except that an item or urgent business which requires immediate action and is so determined by a majority of the Council may be considered by the Council whether or not there is a full membership present. The Council will hear all reasonable citizen petitions, requests and statements how- ever, such items which do not specifically appear on the agenda shall be deferred to a future meeting for more careful consideration and study if Council action other than filing, is required or .requested. - 8 - 1/25 The Mayor and each Councilmember shall be provided with s topy of the agenda, minutes of the previous meeting, end any other reports and in- formation pertinent to the agenda et least seventy-two hours prior to each regular Council meeting. No matter may be submitted for Council action by any administrative official, department head, or employee unless it has first been pre- sented to the City Manager for inclusion on the agenda. Section 3. LIMITATION ON COUNCIL ACTION The Council shall only take action at regularly scheduled meetings, or special meetings, called pursuant to section I, unless all Council mem- bens are present at the time the action is taken. Regular meetings do not include meetings with public bodies in joint or cooperative sessions. • All Council actions shall conform to the requirements of the open meeting la~•. Section 4. MINUTES (a) The City Clerk shall keep a record of all Council meetings. (b) Unless a reading of the minutes of a Council meeting is requested b}• a member of the Council, such minutes ma be approved ~+ithout • reading if each member has previously been provided a cop}•. (c) The Council may, by motion carried by a majority vote, amend the minutes. Such amending motion shall Deco-ne apart of t1~e minutes of the subsequent meeting. Section S. Dl'TIES OF THE PRESIDING OFFICER: The presiding officer shall preserve strict order and decorum at all meetings of the Council. He shall state every question coming before the Council, announce the decision of the Council on all subjects, and decide all questions or order subject, however, to en appeal to the Council in which event a majority vote of the Council shall govern and conclusively determine such questions or order. He shall vote on ali questions and on a roll call vote rotate the order in which votes are cast. Section 6. RULES OF DEBATE• (e) The Mayor or other Presiding Officer may move, second and debate from the chair, subject only to such limitations of debate es are b}• - 9 - I/25 the rules imposed on ell members end shall not be deprived of any of the rights and privileges of a (:ouncilmember by reason of his scting as the Presiding Officer. (b) Every member desiring to speak shall address the chair. and upon recognition by the Presiding Officer shall confine himself to the question under debate avoiding all personalities and indecorous language. (c) A member, once recognized, shall not be interrupted when speaking unless it be to call him to order or to vote on a motion to close a debate, or as herein otherwise provided. If a member, while speaking, be called to order, he shall cease speaking until the question of order is determined and if in order, he shall be per- mitted to proceed. (d) A motion to reconsider any action taken by the Council must be made at the meeting at which such action was taken or at the next regular meeting of the Gouncil and must be made by a member of the Council who voted with the prevailing side, provided that if such motion to reconsider is passed ,then the parties entitled to notice on the original action shall be notified, and the reconsideration of the action shall be taken at the next regular meeting following passage of the motion to reconsider. (e) A Councilmember may request through the Presiding Officer, the privilege of having an abstract of his statement on any subject under consideration by the Council, or the reason for his descent from or support of any action of the Council, entered in the minutes. (f) The Cierk shall enter in the minutes a synopsi"s of the discussion on any question coming in proper order before the Council. Section 7. ADDRESSING THE COUNCIL: Any person desiring to address the Council shall first secure the per- mission of the Presiding Officer. Each person addressing the Council shall give his name end address in an audible tone for the records,-and unless further time is granted by the Presiding Officer. shall limit his address to five minutes, except at a public hearing when the limit shall be ten minutes. All remarks should be addressed to the Council as a body and not to any member. No person other than the'Council end the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Presiding Officer. No question ve Staff shall be asked a Councilmember or any member of the Administreti except through the Presiding Officer. - 10 - 1/25 ' Section 8. GENERAL RULES OF ORDER: Robert's Rules of Order and Robert's Parliamentary Iaw shall be accepted as an authority on parliamentary practice on matters not specifically covered and in case of a conflict these rules shall govern. Section 9. DECORI)M AND ITS £NFORCEMEir'T: The Council members, while the Council is in session, must preserve order end decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council, .^.or d'_=:~rS any member while speaking or refuse to obey the orders of the Council or its Presiding Officer, except as otherwise herein provided. No smoking shall be permitted in the Council Chamber while the Council is in session. Sectior. 10, ORDINA'N'CES, RESOLUTIONS, MOTIONS AND REPORTS: •(a) Ordinances, resolutions, and other matters or subjects requiring action Dy the Council shall be introduced and sponsored by a mem- bar of the Council except that the City Manager or Attorney may present ordinances, resolutions and other matters or subjects to the Council. (b) Every ordinance and resolution shall be presented in writing and read in full at a Council meeting; provided, however, that the reading of an ordinance or resolution may be dispensed with by unanimous consent. Upon the vote on ordinances, resolutions and motions, the eyes end nays shall be recorded. The vote shall be by roll call of all members of the Council as provided under DUTIES OF THE PRESIDING OFFICER in this resolution. A majority vote of al? Terbe~s of the Council shall De required for the passage of ell ordinances, motions end resolutions except as otherwise pro- vided by law and except that amendments to the comprehensive plan shall requre at least four votes in favor. (c) Every ordinance other than emergency ordinances shall have two public readings as provided in Subsection (b) of the Section, and et least fourteen days shall elapse between the first reading or waiver thereof and the second reading or waiver thereof. (d) An emergency ordinance is en ordinance necessary for the immediate preservation of the public peace, health, morals, safety or wel- fare in which the emergency is defined end declared, passed by a roll call vote of et least four members of the Council, as recorded by eyes and nays. No prosecution shall be based upon the provisions of any emergency ordinance until the same has been filed with the - 11 - 1/25 City Clerk and posted in three conspicuous places in the City and twenty-four hours after such filing and posting shall have elapsed or until the ordinance has been published, unless the person, per- cons, firms or corporations charged with violations thereof shall. have had notice of the passage thereof prior to the act or omission complained of. Section 11. CONDUCT OF CITY EMPLOYEES: (a) The City Manager may take part in the discussions of the City Council and may recommend to the Council such measures as he may deem necessary for the welfare of the people and efficient adminis- tration of the affairs of the City. He shall have all the rights powers and duties prescribed by Minnesota Statutes in regard thereof; howe~+Er, it is recognized that the City Council is the policy making body for the City and the City Manager shall confine his discussion at Council meetings to statements of fact, recommendations based on his knowledge and experience and explanations of the reasons for the same, and any matters pertaining to administration. (b) No City employee, other than the City Manager or Attorney, shall enter into discussions of the City Council except to answer ques- tions directed to such employee, or to present factual information. (c) The above regulations of City employees shall not be construed to limit the appearance before the City Council of any City employee when such appearance is made as a taxpayer or member of the public .for or against some particular issue under discussion by the Council when such employee has an interest in the outcome thereof. Section 12. WAIVER: By 4/5 consent of e11 Councilmembers, these rules may be waived. Section 13. ADJOURNMENT: A motion to adjourn shall always be in order end decided without debate. Seconded by Counciimember Anderson. Ayes - ell. ' - 12 - 1/25 NEW BUSINESS 1. Conditional Use Permit: 2950 White Bear Avenue (Schreier) a. Manager McGuire presented the Staff report. b. Richard Schreier, the applicant, spoke on behalf of the proposal. c. Councilmember Juker moved to approve a five-year extension of the condi- tional use permit to allow an amusement center as part of a restaurant at the Maplewood East Shopping Center subject to: 1. All required licenses shall be obtained. 2. Any nuisance complaints may result in a Council review of the permit. 3. This permit shall apply to only one business location at a time. Seconded by Councilmember Rossbach. Ayes - all. Acting Mayor Anderson called for a ten minute recess at 9:12 P.M. Acting Mayor Anderson reconvened the meeting at 9:22 P.M. 2. Conditional Use Permit Renewal: 1810 County Road B (Fulk) a. Manager McGuire presented the Staff report. b. Director of Community Development Olson presented the specifics of the request. c. Councilmember Juker moved to approve the renewal of the conditional use permit for six months, contingent on the following work being completed by June 30, 1988: 1. Landscaping in accordance with the approved plan. 2. Trash enclosures as required by code, or the construction of an eight-foot-tall, 100 opaque decorative wood screening fence between the original shop building and the shed to the south. All trash containers shall be kept between these two buildings. The construction of the fence is an interim remedy for screening. Total screening of all trash receptacles may be required in the future, depending on the development of the adjacent lot to the southwest. Seconded by Acting Mayor Anderson. Ayes - all. 3. Business Appearance Award a. Councilmember Bastian moved to table Item I-3. Seconded by Councilmember Rossbach. Ayes - all. - 13 - 1/25 4. Frost Avenue vs. T.H. 244 Striping Plan a. Acting Mayor Anderson moved to table Item I-4 until the second meeting in February. Seconded by Councilmember Bastian. Ayes - all. 5. Government Use of Cable Access a. Manager McGuire presented the Staff report. b. Councilmember Bastian moved to table Item I-5 for further information. Seconded by Councilmember Juker. Ayes - all. 6. Ordinance: Snow Removal - 1st Reading ` a. Manager McGuire presented the Staff report. b. City Attorney Pat Kelly explained the proposed ordinance. Councilmember Bastian moved to discuss the next item, Item I-7, Seconded by Acting Mayor Anderson. Ayes - all. 7. Open Space - Acquisition a. Manager McGuire presented the Staff report. b. Councilmember Bastian moved to authorize the Citv Manager to proceed with negotiations for open space properties in the area youth of Carver Avenue and west of Interstate 494. Seconded by Acting Mayor Anderson. Ayes - all. 8, Joint Use Sanitary Sewer Agreement a. Manager McGuire presented the Staff report. b. Councilmember Bastian moved to approve the joint use sanitary sewer agreement between Maplewood and St. Paul. Seconded by Councilmember Rossbach. Ayes - all. J. VISITOR PRESENTATIONS None. K. COUNCIL PRESENTATIONS 1. Mn. DOT a. Councilmember Juker requested Staff check with Mn DOT regarding their plans for the upgrading of Highway 120 in the area of Ivy, etc. b. Staff will contact Mn DOT. - 14 - 1/25 2. Boundary School Meeting a. Councilmember Juker stated because of other committments, she could not attend the school district's meeting regarding the boundaries and will not be able to attend the next one. She wondered if one of the other members could attend. b. Councilmember Rossbach stated he would attend. 3. St. Paul Water Department. a. Councilmember Rossbach stated he had received a call from Carolyn Peterson informing him that the St. Paul Water Department was digging in the ice at their plant. b. Council directed,the Manager to send a letter to the City's legislators requesting they look into municipality representation on the Water Board, water rates, etc. Councilmember Bastian moved to table Items 4, 5, 5 7, 8, 9, and 10 until the next meeting. Seconded by Acting Mayor Anderson. Ayes - all. L. ADMINISTRATIVE PRESENTATIONS None. M. ADJOURNMENT 10:11 P.M. City Clerk - 15 - 1/25