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HomeMy WebLinkAbout09.12.88 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, September 12, 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 7:14 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 Absent George F. Rossbach, Councilmember Present C. APPROVAL OF MINUTES None. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the agenda as amended: 1. Open Space 2. Community Center 3. Bulk Storage 4. House Orientation 5. Old Cars 6, Conditional Use Permits E. CONSENT AGENDA Council removed Consent Items E-2 and E-3 to become Items I-8 and I-9. Mayor Greavu moved, seconded by Councilmember Anderson Ayes- all to approve the Consent Agenda, Items 1, 4, 5, 6, 7 8 9 10 and 11 as recommended 1. Approval of Claims: Approved the accounts (Part I, Fees, Services, Expenses Check Registers dated 8-9-88 thru 8-31-88 and 9-12-88 - $917,037.32: Part II, Payroll pay period ending August 12, 1988 - $192,530.12) as presented. 2, Conditional Use Permit Renewal: Circus At The Mall. Removed to become Item I-8. 3. Conditional Use Permit Renewal: 2785 White Bear Avenue (District Court) Removed to become Item I-9. 9/12 4, Conditional Use Permit Renewal: 1735 .Kennard Street (Presentation) Approved the renewal of the conditional use permit for five years for the day - Care Facility at 1735 Kennard Street. 5. Conditional Use Permit Renewal: 1560 E. County Road B (John Glenn Jr. High) Approved the renewal of the conditional use permit for John Glenn Jr. High for an indefinite term. 6. Home Occupation Renewal: 798 No. McKnight (Mosner) Approved the renewal of the conditional use permit for a home-operated beauty salon at 798 North McKnight Road for five years, subject to the original con- ditions. 7, Home Occupation Renewal: 2675 Stillwater Road (Ader) Approved the renewal of the conditional ,use permit for a patio furniture and sales home occupation at 2675 Stillwater Road for one year, subject to the original conditions. 8. Home Occupation Renewal: 2239 Hazelwood Avenue (Smith) Approved the renewal of the conditional use permit for one year for a cleaning business home occupation at 2239 Hazelwood Avnue, subject to the original con- ditions. 9. Final Plat: Maplewood Highlands Approved the final plat to create 48 single-dwelling lots and an outlot for Maplewood Highlands. 10, Accept Project and Release Retaining: Arkwright, Eldridge, County Road B Resolution 88 - 9 - 143 WHEREAS, the City Engineer for the City of Maplewood has determined that Arkwright Street, Eldridge to County Road B, City Project 86-12 is complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 86-12 is complete and maintenance of these improvements is accepted by the City. Release of any retainage or es- crow is hereby authorized. 11. Adopt Project Budgets Approved the following project budgets: Project 84-14, Walter Street - increase budget by $2,000. This amount is needed to cover the cost of new traffic counts and preparation of feasibility study and. public hearing. - 2 - 9/12 Project 85-08, Roselawn/Edgerton Storm - establish $31,900 budget. This is the amount estimated for feasibility study preparation and public hearings. Project 86-01, Condor Storm - establish $7,000 budget. This is the amount estimated for feasibility study preparation and public hearings. Project 87-01, Roselawn/Jackson/Rice - establish $4,000 budget. This is estimated as the City's cost for feasibility study and hearings for the County's road and bridge project. Project 87-05, McKnight Road Phase III - increase budget by $15,000. This is the amount estimated to complete feasibility study and hold public hearings. Project 87-14, Holloway Avenue - increase budget by $3,000. This project was changed and a new feasibility study and hear- ings must be conducted. Project 87-32, Footprint Lake Storm - increase budget by $20,000. This project is involving substantially more work at the feasi- bility level than anticipated. Project 87-31, Harvester Storm - increase budget by $300. This project is closed and $300 is needed to balance. Project 87-41, Brooks Court Water - establish $42,000 budget. This represents construction and right-of-way cost to correct a water main problem in Carsgrove's Meadows. Project 88-07, Sterling Street, North of Carver - establish budget of $5,050. This project is closed and $5,050 is needed to balance. Project 88-08, Brooks/Hazelwood/Germain Water - establish $4,000 budget. This is the estimated cost of the feasibility study and public hearing. Project 88-09, Carey Heights Drive - establish $12,000 budget. This is the estimated cost of the feasibility study and public hearing. Project 88-10, Keller Parkway Water - establish budget of $11,000. This is the estimated cost of the feasibility study and public hearings. Project 88-12, Beam Avenue West of T.H. 61 = establish budget of $35,000. This is the estimated cost of the feasibility study and public hearings. Project 88-13, Upper Trout Brook - establish budget of $9,000. This is the estimated cost of the feasibility study and public hearings. - 3 - 9/12 Project 88-14, Gervais Avenue - establish $25,000 budget. This is the estimated cost of the feasibility study and public hearings. Project 88-15, Ariel/Castle/Cope - establish $7,000 budget. This is the estimated cost of the feasibility study and public hearing. F. PUBLIC HEARINGS 1. 7:00 P.M., Gode Amendment: Setback to Residential Zones (2nd Reading) (4 Votes) a. Mayor Greavu convened the public hearing regarding the request of Norman Brody to amend two subsections of the Maplewood Code, namely Subsection 36-153 (3) which requires an increased setback from resi- dentially-zoned land and Subsection 36-27 (a) which requires a 20-foot wide landscaped area adjacent to residentially-zoned land. b. City Manager Michael McGuire presented the. Staff report. c. Community Development Director, Geoff Olson, presented the specifics of the proposal. d. Mayor Greavu called for persons who wished to be heard for or against the proposal: The following were heard: Steve Hickok, Brody Associates, 2233 North Hamline Avenue, Roseville e. Mayor Greavu closed the public hearing. f. Councilmember Bastian introduced the following ordinance and moved its adoption: g. Motion died for lack of a second. h, Councilmember Bastian withdrew the motion. i. Councilmember Rossback moved to table the adoption of the ordinance. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson and Rossbach Nay: Councilmember Bastian. 2. 7:10 P.M., Home Occupation License: 2922 Chippewa a. Mayor Greavu convened the public hearing for a request by Bryan V. Donnelly to operate a heating and air-conditioning business as a home occupation. b. Manager McGuire presented the Staff report. c. Director of Community Development, Geoff Olson, presented the specifics of the proposal. d. Commissioner Lorraine Fischer presented the Planning Commission recom- mendation. - 4 - 9/12 e. Mayor Greavu called-for persons who wished to be heard for or against the proposal. The following expressed their views: David Krentz, 2921 Chippewa Avenue Sandra Anderson, 2946 Chippewa Avnue Bryan Donnelly, Applicant, 2922 Chippewa Avenue Joanne Kelly, 2930 Chippewa Avenue f. Mayor Greavu closed the public hearing. g. Councilmember Anderson moved to deny the Home Occupation License for 2922 Chippewa Avenue. Seconded by Councilmember Rossbach. Ayes - all. 3. 7:20 P.M., Code Amendment: Single-dwelling Lot Width (2nd reading) (4 Votes) a. Mayor Greavu convened the public hearing for a code amendment that would allow selected, substandard width, lots-of-record to be used as single- dwelling home sites. b. Manager McGuire presented the Staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following were heard: Ray Kruse, 854 Palm Court Michelle Emerson, 1257 Kohlman Avenue John Buesing, 1247 Kohlman Avenue e. Mayor Greavu closed the public hearing. f. Councilmember Anderson introduced the following ordinance and moved its adoption• ORDINANCE N0. 632 AN ORDINANCE REGULATING MINIMUM LOT WIDTH FOR SINGLE-DWELLING LOTS THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 1. Sec. 36-69. Lot Dimensions. The minimum lot area in an R-1 Residence District shall be 10,000 square feet. The minimum lot width at the building setback line shall be 75 feet, except that interior lots-of-record that are sixty feet wide or greater may be allowed by conditional use per- . mit provided that: 1. The findings required by code for a conditional use permit can be met. 2. There are at least two developed lots-of-record with the same or less width than proposed, within 350 feet of the - 5 - 9/12 site on the street. Larger minimum sideyard setbacks may be required to balance the separation between ad- jacent structures. Section 2. Sec. 36-6. Definitions. Lot of Record: Any legal parcel of land which is or can be taxed by Ramsey County as a separate parcel, without the need for lot division approval by the City. Section 3. This ordinance shall take effect upon its passage and publication. Seconded by Mayor Greavu. Ayes - all. 4. 7:30 P.M., 1281 Kohlman Avenue (Kruse) a. Conditional Use Permit b. Variance 1. Mayor Greavu convened the meeting for a public hearing regarding -the request of Mary L. Kruse for a conditional use permit to build a si{~g.le dwelling on a 66-foot wide lot. 2. Manager McGuire presented the Staff report. 3. Director of Community Development Olson presented the specifics of the proposal. 4. Commissioner Lorraine Fischer presented the Planning Commission recommendation. 5. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following expressed their views: Ray Kruse spoke for his mother, Mary L. Kruse John Buesing, 1247 Kohlman 6. Mayor Greavu closed the public hearing. 7. Councilmember Rossbach introduced the following resolution and moved its adoption: 88-9- 144 WHEREAS, Mary L. Kruse initiated a conditional use permit to construct a single dwelling on a 66-foot-wide lot at the following- described property: Lot 15, Kohlman's Lakeview Addition WHEREAS, the procedural history of this conditional use permit is as follows: - 6 - 9/12 1. This conditional use permit was reviewed by the Maplewood Planning Commission on August 1, 1988. The Planning Com- mission recommended to the City Council that said permit he approved. 2. The Maplewood City Council held a public hearing on Septem- ber 12, 1988. Notice thereof was published and mailed pur- suant 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 recommenda- tions 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 detrimental 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 properties. 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. Seconded by Mayor Greavu. Ayes - all. b. Variance 1. Because of the Code Amendment approval, a variance was not required. - 7 - 9/12 Mayor Greavu relinquished the chair to Acting Mayor Norman Anderson. G. AWARD OF BIDS 1, T.H. 61 Watermain - Project 87-44 a. Manager McGuire presented the Staff report. b. Director of Public Works Ken Haider presented the specifics of the proposal. c. Acting Mayor Anderson introduced the following resolution and moved its adoption• 88-9- 145 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the ' ~ bid of Lametti and Sons in the amount of $129,484.25 is the lowest re- sponsible bid for the construction of Trunk Highway 61 Water Main, Kohlman _ Avenue to Beam Avenue, City Project 87-44, and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Mayor Greavu. Ayes - all. Mayor Greavu resumed the chair. 2. Boxwood Avenue - Project 87-19 _ a. Manager McGuire presented the Staff report. b. Director of Public Works Haider presented the 'specifics of the proposal. Mayor Greavu introduced the following resolution and moved its adoption: 88-9-146 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Lake Area Utility Contracting in the amount of $128,438.20 is the lowest responsible bid for the construction of Boxwood Avenue, McKnight Road to Dorland Road, City Project 87-19, and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for end on behalf of the City. Seconded by Councilmember Rossbach. Ayes - all. ' 3. Meyer Street Water - Project 87-13 I a. Manager McGuire presented the Staff report. b. Director of Public Works Haider presented the specifics of the proposal. - 8 - 9/12 c. Mayor Greavu introduced the following resolution and moved its adoption: 88 - 9 - 147 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of B & D Underground in the amount of $30,624 is the lowest responsi- ble bid for the construction of Meyer Street Water Main, City Project 87-13, and the Mayor and Clerk 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. 4. Curbside Recycling a. Manager McGuire presented the Staff report. b. Kathy Juenemann, 721 Mt. Vernon, Chairperson of the Recycling Waste Management Committee, spoke. c. Mayor Greavu called for persons who wished to be heard. The following expressed their opinions: Dick Brown, 110 W. Grant, Minneapolis, a representative of Super Cycle. John Moreland, 2051 Randolph, St. Paul, a representative of Super Cycle. Michael Heinz, 1375 7th Avenue, Newport, a representative of Gopher Recycling. John Marony, a representative of T.M.T. Recycling d. Councilmember Anderson moved to award the contract for curbside recycling to Gopher Disposal for the following reasons: 1. Gopher has complete collection of items including plastic bottles, batteries and oil. 2. Gopher has started an incentive program to encourage recycling. 3. Gopher will pick up recyclables twice a month on the same day that Gopher picks up the regular weekly collection. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson and Rossbach. Nay - Councilmember Bastian. H. UNFINISHED BUSINESS 1. Old City Hall a. Manager mcGuire presented the Staff report. b. Councilmember Anderson moved that the City list the Old City Hall at a price of $379,000 with Gary Stoltzman, Edina Realty for a six-month period. Seconded by Councilmember Rossbach. Ayes - all. - 9 - 9/12 I. NEW BUSINESS 1, Goff's Maplewood Third Addition a. Variation b. Final Plat 1. Manager McGuire presented the Staff report. 2. Director of Community Development Olson presented the specifics of the proposal. 3. Councilmember Anderson moved to table this proposal. Seconded by Councilmember Bastian. Ayes - all. 2. Prepare Assessment Roll and Schedule Hearing: Cope Avenue-Craig-Ariel- Project 85-26 a. Manager McGuire presented the Staff report. b. Director of Public Works Haider presented the specifics of the proposal. c. Mayor Greavu introduced the following resolution and moved its adoption: 88 - 9 - 148 WHEREAS, the City Clerk and City Engineer have received bids for the improvement of Cope Avenue, Craig to Ariel, City Project 85-26. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City Clerk and City Engineer shall forthwith cal- culate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assess- ment notify the Council thereof. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson and Rossbach Nay - Councilmember Bastian. d. Mayor Greavu introduced the following resolution and moved its adoption: 88 - 9 - 149 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Cope Avenue, Craig to Ariel, City Project 85-26, and the said assessment is on file in the office of the City Clerk. - 10 - 9/12 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 10th day of October, 1988, at the City Hall at 7:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard .with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the Clerk and that written or oral objections will be considered. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson and Rossbach Nay - Councilmember Bastian 3. Emergency Personnel Request. a. Manager McGuire presented the Staff report. b. Mayor Greavu moved that Council authorize the hiring of a full-time permanent employee for the Street Maintenance Division. Seconded by Councilmember Anderson. Ayes - all. 4. Dutch Elm Program a. Manager McGuire presented the Staff report. b. Director of Public Works Haider outlined the specifics of the proposal. c. Councilmember Bastian moved to table this item until Budget Hearing time. Seconded by Councilmember Anderson. Ayes - all. 5. Change Order and Joint Agreement - McKnight Road, Maryland to Ivy a. Manager McGuire presented the Staff report.' b. Director of Public Works Haider presented the specifics of the proposal. - 11 - 9/12 c. Mayor Greavu introduced the following resolution and moved its adoption: 88-9- 150 WHEREAS, the City Engineer has presented Cooperative Agreement Number 88014 concerning the restoration and ownership turn-back of McKnight Road between Maryland Avenue and Ivy Avenue, and WHEREAS, the City Engineer has recommended the cooperative agreement for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the Mayor and City Clerk are hereby authorized to exe- cute said cooperative agreement. Seconded by Councilmember Anderson. Ayes - all. d. Mayor Greavu introduced the following resolution and moved its adoption: 88 - 9 - 151 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 86-22 and has let a construction con- : tract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 86-22 Change Order 5. 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 Change Order 5. Seconded by Councilmember Anderson. Ayes - all. 6. 1989 Budget a. Manager McGuire stated that two budget workshops have been scheduled as follows: September 19 at 4:00 P.M., and September 21 at 4:00 P.M. 7. Selection of Architect a. Manager McGuire presented the Staff report. b. Councilmember Anderson moved that the City Manager be authorized to interview three or four architectural firms and to bring back his recom- mendation to the Council for their final determination. Seconded by Councilmember Rossbach. Ayes - all. 8. Conditional Use Permit Renewal: Circus At The Mall a. Councilmember Rossbach moved renewal '4f the Conditional Use Permit for Circus At The Mall for one year. Seconded by Mayor Greavu. Ayes - all. - 12 - 9/12 9. Conditional Use Permit Renewal: 2785 White Bear Avenue (District Court) a. Councilmember Rossbach moved to renew the Conditional Use Permit for 2785 White Bear Avenue (District Court) for one year. Seconded by Councilmember Anderson. Ayes - all. J. VISITOR PRESENTATIONS None. K. COUNCIL PRESENTATIONS 1. Open Space a. Councilmember Anderson moved that the Open Space Committee be activated. Seconded by Mayor Greavu. Ayes - all. 2. Community Center a. Councilmember Anderson questioned the possibility of moving the Com- munity Center project up in the Budget Plan. b. Staff will investigate. 3. Bulk Storage a. Councilmember Anderson stated that he felt Bulk Storage is not adhering to the conditions of their conditional use permit. b. Ken Gervais, 2373 Linwood Avenue, .managing partner in the Beaver Greek Apartment Limited Partnership, stated his views. c. Marlon Danner, owner of Danner, Inc., 7401 Dickman Trail, Inver Grove Heights, spoke. d. Councilmember Bastian moved to authorize the City Manager to seek legal advice regarding the Bulk Storage operation. Seconded by Councilmember Anderson. Ayes - all. 4. House Orientation a. Councilmember Rossbach requested Staff to investigate the design of new homes on small lots. b. Staff will investigate. 5. Old Cars a. Councilmember Rossbach moved Staff to investigate the Code in regard to the storage of old cars on private property. Seconded by Councilmember Bastian. Ayes - all. - 13 - 9/12 6. Conditional Use Permits a. Councilmember Bastian requested Staff. to investigate conditional use permits. b. Director of Community Development Olson stated that he has contacted other communities and will report back to Council. I L. ADMINISTRATIVE PRESENTATIONS None. M. ADJOURNMENT. 10:40 P.M. Gity Clerk i - 14 - 9/12