HomeMy WebLinkAbout11.28.88 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, November 28, 1988
Council Chambers, Municipal Building
Meeting No. 88-28
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 7:00 P.M., by Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
Frances L. Juker, Councilmember Present
George F. Rossbach, Councilmember Present
C. APPROVAL OF MINUTES
None.
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the agenda as amended:
1. R. V. Ordinance
2. Moratorium
3. Signs
4. Add L-1, Fishcreek Restoration Review
Seconded by Councilmember Anderson. Ayes - all.
E. CONSENT AGENDA
Council removed Item E-6 to become I-S.
Councilmember Anderson moved, seconded by Councilmember Bastian Ayes - all to
approve the Consent Agenda Items E-1 through E-5 and E-7 through E-11 as recom-
mended•
1. Approval of Claims
Approved payment of the following claims
ACCOUNTS PAYABLE:
$ 385,386.15 Checks #8388 - #8440
Dated 11-01-88 thru 11-14-88
$ 151,213.00 Checks #4596 - #4732
Dated 11-28-88
$ 536,599.16 Total per attached voucher/check register
11/28
PAYROLL:
$ 155,786.75 Payroll Checks
$ 30,600.61 Payroll Deductions
$ 186,387.36 Total Payroll
$ 722,986.52 GRAND TOTAL
2. Ordinance to Increase Hydrant. Charge Rates (2nd reading)
ORDINANCE N0. 637
AN ORDINANCE AMENDING THE MAPLEWOOD CODE
RELATING TO HYDRANT CHARGE RATES
BE IT ORDAINED BY COUNCIL OF THE CITY OF MAPLEWOOD AS FOLLOWS:
Section 1. That Section 35-52 of the Maplewood Code is hereby adopted
to read as follows:
There shall be levied a hydrant charge against all properties
benefitting from fire protection created by the availability of
water. Such charge shall be imposed only within the St. Paul
Water District service area where water mains are located. The
hydrant charge shall be levied whether or not the property is
connected to water mains. The rates shall be as follows:
(1) The quarterly residential rates shall be:
Single Family Dwelling $3.25'
Townhouse 3.25
Duplex 6.50
Apartment 2.60
Condominium 3.25
Mobile Home 3.25
(2) Non-residential rates shall be as follows:
Class A - over 300 MGY - $.08 per 1,000 gallons
Class B - 0-299 MGY - $.12 per 1,000 gallons
Minimum rate - $3.25 per quarter
j (3) The rate for properties used jointly for residential and
commercial purposes that are not metered separately shall be
billed at non-residential rates.
Section 2. This ordinance shall take effect and be in force beginning
January 1, 1989.
- 2 - 11/28
3. Budget Transfer - General Government
Approved the following:
(1) a $600 transfer from the General Fund Contingency Account to
account 101-101-4120 for the purchase of service recognition pins;
(2) a $250 transfer from the General fund Contingency Account to
account 101-101-4120 to finance an employee Christmas party as
additional compensation for services to be provided by employees; and
(3) a $57,000 transfer from the General Fund Contingency Account to
account 101-103-4480 to finance 1988 legal costs.
4. Budget Transfer - Publishing
Approved the budget transfer of $1500.00 from the General Contingency Fund
to Division 101-302 Publishing to cover the increase in the amount needed
for publishing ordinances, resolutions, hearing notices, etc.
5. Hire Park Planner for Vista Hills Park.
Authorized the hiring of Wehrman, Bergly Associates, Inc., to prepare
Master Plans for Vista Hills Park at a cost of $5,560 and approved funding
from the Commercial PAC account.
- 6. Authorization to Hire a Part-Time Clerk Typist
Discussed as Item I-5.
7. Change Order No. 1 - Ferndale Storm Sewer, Project'87-20
Resolution No. 88 - 11 - 192
WHEREAS, the City Council of Maplewood, Minnesota, has heretofore
ordered made Improvement Project 87-20 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 87-20 Change Order One.
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 One.
8. Final Acceptance - Brooks Court Water, Project 87-41
Resolution No. 88 - 11 - 193
WHEREAS, the City Engineer for the City of Maplewood has determined
that Brooks Court Water Main Reconstruction, City Project 87-41, is com-
plete and recommends acceptance of the project;
- 3 - 11/28
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that City Project 87-41 is complete and maintenance of these
improvements is accepted by the City. Release of any retainage or escrow
is hereby authorized.
9. Final Acceptance - Maplewood Knoll, Project 87-16
Resolution No. 88 - 11 - 194
WHEREAS, the City Engineer for the City of Maplewood has determined
that Maplewood Knoll, City Project 87-16, is complete and recommends
acceptance of the project;
NOW, THEREFORE, BE IT REOSLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that City Project 87-16 is complete and maintenance of these
improvements is accepted by the City. Release of any retainage or escrow
is hereby authorized.
10. Change of Manager - Esteban's Restaurant
Approved the change of managers for Esteban's Restaurant at 3069 White
Bear Avenue to Kenneth L. Kufahl.
11. Bids for Used City Vehicles
Approved the acceptance of the bids in excess of $1,000.00 as follows:
1982 Ford Ltd. $ 1244.00
1985 Ford Ltd 1876.00
1987 Chevrolet Caprice Station Wagon 4501.00
F. PUBLIC HEARINGS
1. 7:00 P.M., Walter Street - Project 84-14 (4 Votes)
a. Mayor Greavu convened the meeting for a public hearing regarding the
proposal to construct Walter Street from Frost Avenue to Fenton Avenue.
b. Manager McGuire presented the Staff report.
c. Director of Public Works Haider presented the specifics of the
proposal.
d. Mayor Greavu called for proponents and opponents. The following voiced
their opinions:
Wayne Sachi, speaking on behalf of his mother, Lillian Sachi
Bill Lettman, 1096 Frost Avenue
Frank Silberbauer, 1889 Walter Street
Ray Holster, First State Bank of Hugo
e. Mayor Greavu closed the public hearing.
- 4 - 11/28
f. Councilmember Juker moved to approve construction of a minimum roadway
of Walter Street from Frost Avenue to Fenton Street.
Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers
Anderson and Juker.
Nays - Councilmembers Bastian and
Rossbach.
Motion failed.
g. Councilmember Bastian moved to reconsider the previous motion.
Seconded by Councilmember Anderson. Ayes - all.
h. Councilmember Bastian moved to table this item until December 12 1988
when Walter Street vacation proposal is held
Seconded by Councilmember Rossbach. Ayes - all.
2. 7:10 P.M., Code Amendment: Planning Fees
a. Mayor Greavu convened the meeting for a public hearing regarding the
adoption of the Planning fees.
b. Manager McGuire presented the staff report.
c. Mayor Greavu called for proponents and opponents. None were heard.
d. Councilmember Anderson introduced the following ordinance and moved its
adoption•
ORDINANCE N0. 638
Section 1. Section 36-26 of the Zoning Code of the City of Maplewood is
hereby amended as follows:
Section 36-26. Fees. The following non-refundable application fees
shall be required:
Zone change $250
Conditional Use Permit 165
Planned Unit Development 300
Comprehensive Plan Amendment 165
Variances:
R-1 50
All other districts 75
~ Vacations 53
Lot Divisions 35 for each lot created
Preliminary Plat 300
Final Plat 50
Home Occupation Permit 47 for the initial permit and
19 for an annual renewal
j Section 2. Section 36-258 of the sign code is amended as follows:
- 5 - 11/28
Section 36-258. Fees.'
(1) A sign erection permit fee (except for billboards) shall be paid
in accordance with the following schedule:
Square Feet Fee
~ 1-10 $13
11 - 25 18
26 - 50 29
51--_100 70
Over 100 128
i
(2) The fee for erection of billboards shall be $11.00 for the first
five square feet, plus $.55 for each additional square foot.
(3) The annual license fee for billboards shall be $240.
Section 3. This ordinance shall take effect on January 1, 1989.
Seconded by Councilmember Rossbach. Ayes - all.
3. 7:20 P.M., Holloway Avenue Project 87-14 (4 Votes)
a. Mayor Greavu convened the meeting for a public hearing regarding the
proposal to construct Holloway Avenue from Beebe Road to Furness Street.
1 b. Manager McGuire presented the staff report.
c. Chairman Les Axdahl presented the Planning Commission report.
d. Mayor Greavu called for proponents and opponents. The following were
heard:
Bob Engwer spoke in favor of the proposal.
e. Mayor Greavu closed the public hearing.
f. Councilmember Anderson introduced the following resolution and moved its
adoption•
88 - 11 - 195
WHEREAS, after due notice of public hearing on the construction of
street with concrete curb and gutter and utilities on Holloway Avenue,
Beebe Road to Furness Street, City Project 87-14, a hearing on said im-
provement in accordance with the notice duly given was duly held on
November 28, 1988, and the Council has heard all persons desiring to be
heard on the matter and has fully considered the same;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
- 6 - 11/28
1. That it is advisable, expedient and necessary that the City
of Maplewood construct street with concrete curb and gutter
and utilities on Holloway Avenue, Beebe Road to Furness
Street, City Project 87-14, as described in the notice of
hearing thereof, and orders the same to be made.
2. The City Engineer is designated engineer for this improvement
and is hereby directed to prepare final plans and specifications
for the making of said improvement.
I Seconded by Councilmember Rossbach. Ayes - al L
3. 7:40 P.M., Cypress Street: Knollwood Circle (Goff Homes, Inc.)
a. Preliminary Plat
b. Rezoning
1. Mayor Greavu convened the meeting for a public hearing regarding the
proposal of Goff Homes, Inc., for approval of a preliminary plat and rezoning
for a fourteen-lot single dwelling development to be known as Knollwood Circle
Addition.
2. Manager McGuire presented the Staff report.
3. Director of Community Development Olson presented the specifics of the
proposal.
4. Chairman Les Axdahl presented the Planning Commission recommendation.
5. Mayor Greavu called for proponents and opponents. The following voiced
their opinions:
Don Huot, Sr., 998 E. County Road C
Don Huot, Jr. 988 E. County Road C
John Swenson, 2595 Cypress
Rita Huot, 998 E. County Road C
Stan Linnell, 2620 Forest
Pat Goff, the developer
6. Mayor Greavu closed the public hearing
7. Councilmember Bastian moved to table this item until the December 22, 1988
meeting to review all alternatives.
Seconded by Councilmember Anderson. Ayes - all.
5. 7:50 P.M., Southlawn Drive and Radatz Avenue - Brandt
a. Rezoning
b. Plan Amendment and Rezoning
c. Lot Division
- 7 - 11/28
1. Mayor Greavu convened the meeting for a public hearing regarding the
request of John Brandt for a plan amendment, rezoning and_1¢t_.dNYisio~n of
property located west of Southlawn at the end of_.Radatz Avenue.
2. Manager McGuire presented the Staff report.
3. Director of Community Development Olson presented the specifics of the
proposal.
4. Chairman Les Axdahl presented the Planning Commission recommendation.
5. Mr. Jon Brandt, the developer, spoke on behalf of his proposal.
i
6. Mayor Greavu called for proponents and opponents. The following expressed
their opinions;
Herman Johnson, 2799 Southlawn Drive
Jerry Grayson, owner of property
Ray Early, 2812 Southlawn
Mrs:: Hoppe, 1675 E. County Road C
7. Mayor Greavu closed the public hearing.
8. Councilmember Anderson moved to table this item until the meeting of
December 22, 1988, and that the R-1 rezoning be included.
Seconded by Councilmember Bastian. Ayes - all.
G. AWARD OF BIDS
None.
H. UNFINISHED BUSINESS
1. Conditional Use Permit: Larpenteur Avenue and Sylvan Street (St. Paul Water
Utility)
a. Manager McGuire presented the Staff report.
b. Director of Community Development Olson presented the specifics of the
proposal.
c. Chairman Les Axdahl presented the Planning Commission recommendation.
d. Mr. Carl Streed, representing the St. Paul Water Utility Board, spoke
regarding the plan amendment and conditional use permit.
e. Mr. Jerry Vimr, 1772 Sylvan, spoke on behalf of the area residents.
f. Councilmember Anderson moved to approve the concept of the proposal and
table this item until December 12,.1989 meeting.
Seconded by Councilmember Rossbach. Ayes - all.
- 8 - 11/28
2. P.U..D. Revision: Larpenteur and McKnight Road (Hillside Center)
a. Manager McGuire presented the Staff report.
b. Chairman Les Axdahl presented the Planning Commission report.
c. Dan Parker, Co-developer of Hillside Center, spoke on behalf of the
request.
d. Robyn Chan, Co-owner of Hong Kong Cafe, spoke on behalf of increasing
the size of her business.
e. Mayor Greavu introduced the following resolution and moved its adoption:
88 - 11 - 196
WHEREAS, CNP Hillside Partners initiated a revision to the conditional
use permit to include restaurants. Ehe property is legally described as:
Lot 3, Block 1, Maplewoods Estates
This property is also known as 1690 McKnight Road, Maplewood;
WHEREAS, the procedural history of this conditional use permit is as
follows:
1. This conditional use permit revision was reviewed by the
Maplewood Planning Commission on October 3, 1988. The Planning
Commission recommended to the City Council that said permit be
approved.
2. The Maplewood City Council held a public hearing on October 24,
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 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 revision 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 o£ 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,
- 9 - 11/28
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.
Approval is subject to the following conditions:
1. Adherence to the site plan and conditions approved by the Community
Design Review Board. Future changes to the site plan may be approved
by the board.
2. All uses shall conform with the BC(M), business commercial (modified)
zoning district requirements. Restaurants shall also be allowed, -
provided that the City's parking requirements are met. On-sale liquor
shall not be allowed.
3. External speakers shall be directed away .from the dwelling units and
the sound shall not exceed fifty decibels (normal conversation level)
at the residential property line.
4. The maximum building height shall be one story.
5. There shall be no exterior storage or sale of goods or merchandise.
6. There shall be no vents for the underground fuel tanks within 200
feet of an existing residence or the buildable area of the planned
undeveloped lots in the Currie Street Addition, south of Larpenteur
Avenue.
7. The type and anchoring of underground storage tanks must be approved
by the City Fire Marshal. The tanks shall be strapped to a concrete
i slab.
Seconded by Councilmember Rossbach. Ayes - all.
3. Televising Council Meetings
a. Manager McGuire presented the Staff report.
b. Councilmember Anderson moved that the second meeting in January be
taped by Suburban Community Channels for review by the Council and staff to
help determine the desirability of televising future meetings.
- 10 - 11/28
_
Seconded by Councihnember Rossbach. Ayes - Councilmember Anderson, Bastian,
and Rossbach.
Nays -Mayor Greavu, Councilmember
Juker.
I. NEW BUSINESS
1. Approve Plans - Gervais Avenue -Project 88-14
a. Manager McGuire presented the Staff report.
b. Mayor Greavu introduced the followine resolution and moved its adoption•
88-11-197
WHEREAS, pursuant to resolution passed by the City Council on September 26, 1988, plans
and specifications for Gervais Avenue, English Street to MN/DOT Driveway, Project 88-14, have
been prepared under the direction of the City engineer, who has presented such plans and
specifications to the Council for approval,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1. Such plans and specifications are hereby approved and ordered placed on file in the office
of the City Clerk.
2. The City Clerk shall prepare and cause to be inserted in the official paper and in the
Construction Bulletin an advertisement for bids upon the making of such improvement
under such approved plans and specifications. The advertisement shall be published
twice, at least ten days before the date set for bid opening, shall specify the work to be
done, shall state that bids will be publicly opened and considered by the Council at 9:00
A.M., on the 21 s` day of December, 1988, at the City Hall and that no bids shall be
considered unless sealed and filed with the Clerk and accompanied by a certified check or
bid bond, payable to the City of Maplewood, Minnesota, for five percent of the amount of
such bid.
3. The City Clerk and City Engineer are hereby authorized and instructed to receive, open,
and read aloud bids received at the time and place herein noted, and to tabulate the bids
received. The Council will consider the bids, and the award of a contract, at the regular
City Council meeting of January 9, 1989.
Seconded by Councilmember Juker. Ayes -all.
2. Inspection Request
a. Manager McGuire stated he had received a letter from Carolyn Peterson requesting that the
Maplewood Building Inspector check the homes adjacent to the Water Utility line ponds to
determine what structural damage has been done and to determine what caused this damage.
- 11 - 11/28
It is recommended that no action betaken.
Councilmember Juker moved to waive the Rules of Procedures to extend the meeting_nast the deadline.
Seconded by Mayor Greavu. Ayes -Mayor Greavu, Councilmembers
Anderson, Juker and Rossbach
Nay -Councilmember Bastian.
b. Carolyn Peterson spoke in favor of the City providing inspections of damages to homes.
c. No action taken.
3. Funding of Combined Sewer Separation
a. Manager McGuire presented the Staff report.
b. Councilmember Juker introduced the following resolution and moved its adoption:
88-11-198
WHEREAS, the Suburban Rate Authority has assisted the Metropolitan Council, the
Minnesota Pollution Control Agency and the Minnesota Legislature in formulating a program for
funding combined sewer separation in the Cities of Minneapolis and St. Paul; and
WHEREAS, such sewer separation is required by law and by contract, and is otherwise
desirable; and
WHEREAS, expected federal funding for the program has been cancelled and replacement
funding must be identified; and
WHEREAS, most cities in the seven county metropolitan area have built separate sanitary
storm sewer systems, principally through local funding;
and
WHEREAS, the Cities of St. Paul and Minneapolis have obtained legislation forgiving
approximately $32 million in separation loans from the State;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF MAPLEWOOD, does by this
resolution state that it is opposed to the spreading of the replacement funding upon the State
Treasury, and that it believes the most equitable resolution is for the affected Cities to themselves
provide that funding.
Seconded by Councilmember Anderson. Ayes -Mayor Greavu, Councilmembers
Anderson, Juker and Rossbach
Nay -Councilmember Bastian.
4. City Hall Architects
a. Manager McGuire presented the Staff report.
- 12 - 11/28
b. Mayor Greavu moved to authorize the Mayor and City Manager to enter
into a contract for architectural services with T.K.D.A. for an addition
to City Hall.
Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Rossbach.
Nay - Councilmember Bastian.
5. Authorization to Hire Part-Time Clerk Typist
a. Manager McGuire presented the Staff report.
b. Councilmember Juker moved to table this item until such time when the
Council meets with the Manager.
Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Rossbach.
Nay - Councilmember Bastian.
J. VISITOR PRESENTATIONS
None.
K. COUNCIL PRESENTATIONS
1. RV Ordinance
a. Councilmember Bastian moved to direct Staff to survey other communities to
see what tVPe of ordinance they have regarding parking of RV's on private
property.
Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers
Anderson, Juker and Rossbach.
Nay - Councilmember Bastian.
2. Moratorium
a. Couhcilmember Bastian moved that a discussion of a moratorium on "fast
gas business" for the next agenda.
Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson,
Bastian, Juker and Rossbach
Nay - Mayor Greavu.
3. Signs
a. No action taken.
ADMINISTRATIVE PRESENTATIONS
1. Fishcreek Restoration Review.
- 13 - 11/28
a. Council directed Staff to send a letter to the proper authorities
' indicating that Maplewood does not approve the proposed project in the
Fishcreek area.
M. ADJOURNMENT
11:08 P.M.
City Clerk
I
- 14 - 11/28