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HomeMy WebLinkAbout03.13.89 MINOTSS OP MAPLSWOOD CITY COUNCII. 7;00 P.M., Monday, March 13, 1989 Council Chambers, Municipal Building Meeting No. 89-8 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 Absent Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present C. APPROVAL OF MIDIUTES 1. Minutes of Meeting No. 89-4 (February 23, 1989) Mayor Greavu moved to approve the Minutes of Meeting No. 89-4 (February 23, 1989) as submitted. Seconded by Councilmember Anderson. Ayes - a11. 2. Minutes of Meeting No. 89-5 (February 27, 1989) Councilmember Anderson moved to approve the Minutes of Meeting No. 89-5 (February 27, 1989) as submitted. Seconded by Councilmember Rossbach. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the agenda as amended: 1. Menards 2. Open Space - Letter 3. Council Chambers 4. B.B.Y. Partnership 5. R-1 Zonings 6. L.R.T. Seconded by Councilmember Juker. Ayes - all. 1 3-13-89 f E. CONSENT AGENDA : Councilmember Rossbach moved, seconded by Councilmember Juker, Ayes - all to approve the Consent Agenda as recommended: 1. Approval of Claims Approved the claims as follows: ACCOUNTS PAYABLE: $ 154,599.66 Checks 116101 - 146151 Dated 02-16-89 thru 02-28-89 $ 81,562.48 Checks 116763 - 116863 Dated 03-13-89 $ 236,162.14 Total per attached voucher/check register PAYROLL• $ 167,837.85 Payroll Checks $ 32,012.17 Payroll Deductions $ 199,850.02 Total Payroll $ 436,012.16 GRAND TOTAL 2. Community Design Review Board Annual Report Accepted the 1988 Community Design Review Board Annual Report. 3. M.H.F.A. Revolving Loan Program Resolution No. 89 - 3 - 32 WHEREAS, the City of Maplewood desires to assist low income homeowners in making repairs to their homes for the purpose of correcting defects affecting directly the safety, habitability, energy conservation, or accessibility of the property; and, WHEREAS, the Minnesota Housing Finance Agency has funds to be used for such purposes, and will accept applications from housing and redevelopment authorities desiring to administer these Revolving Loan Program funds; and WHEREAS, the Metropolitan Council has been duly organized pursuant to Minnesota Statutes 1976, Section 473.123, and has all of the powers and duties of 2 3-13-89 a housing and redevelopment authority pursuant to Minnesota Statutes 1976, 473.193, under the provisions of the Municipal Housing and Redevelopment Act, Minnesota Statutes 1976, Section 462.411 and 462.711; NOW, THEREFORE, BE IT RESOLVED that the Metropolitan Council is hereby ~ requested to include the City of Maplewood in an application for State Revolving .Loan Program funds, and that the City Manager is hereby authorized to enter into any necessary agreement with the Metropolitan Council for operating the Program within the City. 4. McKnight Road, Phase 3, Project 87-OS - M.S.A. Off System Appropriation. Resolution No. 89 - 3 - 33 WHEREAS, it has been deemed necessary for the City of Maplewood to fund required utility .reconstruction on State Trunk Highway 5 approximately 1,150 feet south and 600 feet east of the intersection of Lakewood Drive and Stillwater Road and storm sewer reconstruction on State Trunk Highway S within the limits of S.P. 6230-24 both within the limits of said municipality, and WHEREAS, said construction project has been identified by the Commissioner of Transportation as MSA Project Number 138-010-03. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that we hereby authorize appropriation of $99,300 for utility construction and $53,750 for storm sewer construction from our municipal state aid funds to apply toward the construction of said project and request the Commissioner of Transportation to approve this authorization. F. PUBLIC HEARINGS 1. 7:00 P.M., Ariel Street - County Road B to Cope Avenue, Project 88 - 11 - Assessment Hearing a. Mayor Greavu stated this hearing is cancelled and will be rescheduled. b. Councilmember Anderson introduced the following resolution and moved its adoption• 89-3-34 WHEREAS, the City Clerk and City Engineer have determined final costs for the improvement of Ariel Street - County Road B to Cope Avenue, City Project 88-11. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City Clerk and City Engineer shall forthwith calculate 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. 3 3-13-89 J FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. Seconded by Mayor Greavu. Ayes - all. c. Councilmember Anderson introduced the following resolution and moved its adoption• ~ 89-3-35 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Ariel Street - County Road B to Cope Avenue, City Project 88-11, and the said assessment is on file in the Office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA; 1. A hearing shall be held on the 10th day of April, 1989, at the City Ha11 at 7:20 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 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 vile with the Clerk and that written or oral objections will be considered. Seconded by Mayor Greavu. Ayes - all. H. UNFINISHED BUSINESS 1. Beam Avenue, West of T.H. 671 to County Road D, Project 88-12 - Public Hearing (Tabled from 2-27-89 Meeting. a. Mayor Greavu stated this item was discussed at the February 27, 1989 Meeting. b. Manager McGuire presented the Staff report. c. Director of Public Works Haider presented the specifics of the proposal. d. Councilmember Rossbach _introduced the following resolution and moved its adoption• 4 3-13-89 89-3-36 WHEREAS, after due notice of public hearing on the construction of 44-foot wide bituminous street with concrete curb and gutter, utilities, storm sewer, and appurtenances on Beam Avenue from 450 feet west of T.H. 61 to County Road D, City Project 88-12, a hearing on said improvement in accordance with the notice duly given was duly held on February 27, 1989, 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: 1. That it is advisable, expedient and necessary that the City of Maplewood construct a 44-foot wide bituminous street with concrete curb and gutter, ufilities, storm sewer, and appurtenances on Beam Avenue from 450 feet west of T.H. 61 to County Road D, City Project 88-12 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. Seconded by Mayor Greavu. Ayes -all. e. Councilmember Rossbach moved that the proposal of $1125 ner unit cost lots on existine street and the full amount for the rest of the area Seconded by Mayor Greavu. Ayes -all. F. PUBLIC HEARINGS (Continued) 2. 7:10 P.M, Geranium/Ferndale Storm Sewer Project 87-20 -Assessment Hearing a. Mayor Greavu convened the meeting for a public hearing regazding the adoption of the proposed assessment roll for the Geranium/Femdale Storm Sewer Project 87-20. b. Manager McGuire presented the Staff report. a City Attorney Pat Kelly explained the legal procedures of an assessment hearing. d. Director of Public Works Haider explained the specifics of the proposed assessment roll. e. Mayor Greavu called for proponents. None were heard. £ Mayor Greavu called for opponents. The following were heazd: Herb Wagenlmecht, 32650 No. Center Ct., Center City, Mn. John Mortenson, 2638 Geranium Avenue 5 3-13-89 Dale Krueger, 2643 Stillwater Road Bill Demaully, 2645 E. Geranium George Nistler, 2642 E. Geranium Guy Peterson Karen Cummings, 2674 Geranium Mary Jane Schuler, 2648 Geranium Cheryl Ader, 2675 Stillwater Road who also represented her neighbor Glen Tyson, 2711 Stillwater Road David Van Wyk, 2685 Stillwater Road Sam Waggerman, 2695 Stillwater Road g. Mayor Greavu closed the public hearing. h. Mayor Greavu moved to continue the hearine until the meeting of March 27, 1989, for further information -(Attorney to review precedents if the assessments were lowered . Seconded by Councilmember Juker. Ayes -all. Mayor Greavu called a 5-minute recess. Mayor Greavu reconvened the meeting at 8:45 P.M. 3. 7:20 P.M., McKnight Road, Phase 3, Beaver Lake to Conway, Project 87-OS -Public Heazing (4 Votes) a. Mayor Greavu convened the meeting for a public hearing regarding the proposal to reconstruct McKnight Road, Phase 3, from Beaver Lake to Conway -Project 87-05, in conjunction with Ramsey County. 6. Manager McGuire presented the Staff report. c. Assistant City Engineer Bruce Irish presented the specifics of the proposal. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. The following were heard: Eileen Fritsch, 812 No. McKnight Delores Mallett, 995 Lakewood Don Mosner, 800 No. McKnight Resident, 2341 Stillwater Road Mr. Jackson, representing his parents who live at 2318 Case Avenue Harry Zacko, 4356 Cottage Park Road, White Beaz Lake, Mn. Bob Ludington, 2350 Case Avenue £ Mayor Greavu closed the public hearing. g. Councilmember Anderson introduced the following resolution and moved its adoption: 6 3-13-89 89-3 -37 WHEREAS, after due notice of public hearing on the construction of roadway and utilities on McKnight Road, Beaver Lake to Conway, City Project 87-05, a hearing on said improvement in accordance with the notice duly given was duly held on March 13, 1989, 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: 1. That it is advisable, expedient and necessary that the City of Maplewood construct roadway and utilities on McKnight Road, Beaver Lake to Conway, City Project 87-05, as described in the notice of hearing thereof, and orders the same to be made. 2. The execution of the cooperative agreement with Ramsey County is hereby approved and authorized. Seconded by Councilmember Rossbach. Ayes - a11. 4. 7:30 P.M., Kennel Permit, Timothy Falk, 388 E. Viking Drive a. Mayor Greavu convened the meeting for a public hearing regarding the request of Timothy Falk, 388 E. Viking Drive, for a small kennel license to house three (3) dogs. b. Manager McGuire presented the Staff report. c. Timothy Falk, the applicant, spoke on behalf of the request. d. Mayor Greavu called for proponents. The following were heard: Mark Sackett, 380 E. Viking Drive Nancy Sackett, 380 E. Viking Drive Tim Falk, 388 E. Viking Drive e. Mayor Greavu called for opponents. The following were heard: Lynn Ettl, 376 Lark Avenue Dianne Perry, 379 Lark, spoke and also read a letter into the record. John Bender, 2224 McMenemy Mike Perry, 379 Lark Gerry Jost, 367 Lark Mike Perry, 379 Lark f. Mayor Greavu closed the public hearing. g. Councilmember Anderson moved to approve a small kennel license for three (3) dogs for Timothy Falk, 388 E. Viking Drive, subject to the following conditions: 7 3-13-89 1. A kennel including dog house be constructed with a six foot fence enclosing the kennel with screening on top. 2. Kennel is to be located on same property as house. 3. The dogs are permitted to roam the area of the fenced property next to house when owners are present. i Seconded by Councilmember Rossbach. Ayes - all. 5. 7:40 P.M., Kennel Permit, Betty Oien, 1160 Lealand Road a. Mayor Greavu convened the meeting for a public hearing regarding the request of Betty Oien for a small kennel license to house three (3) dogs and three (3) cats at 1160 Lealand Road. b. Manager McGuire presented the Staff report. c. Betty Oien, 1160 Lealand Road, the applicant, spoke on behalf of her request. She also presented a petition signed by the area residents favoring the kennel license. d. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following expressed their opinions: Jane Fosse, 1161 Lealand Road Kelly Doland, 2005 Corral, Eagan, Mn. e. Mayor Greavu closed the public hearing. f. Mayor Greavu moved to approve the small kennel as requested by Betty Oien to house 3 dogs and 3 cats at 1160 Lealand Road subiect to compliance with the Maplewood Code. Seconded by Councilmember Rossbach. Ayes - all. I. NEW BUSINESS 1. Brooks Avenue, Hazelwood to Germain Water Main 88-08 - Schedule Public Hearing a. Manager McGuire presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 8 3-13-89 89-3-38 WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare a report with reference to the improvement of Brooks Avenue from Hazelwood Street to Germain Street, Gity Project 88-08, by construction of water main, and WHEREAS, the said City Engineer has prepared the aforesaid report for the improvement herein described: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. The report of the City Engineer advising this Council that the proposed improvement on Brooks Avenue from Hazelwood Street to Germain Street, City Project 88-08, by construction of water main is feasible and should best be made as proposed, is hereby received. 2. The Council will consider the aforesaid improvement in accordance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement according to MSA Chapter 429, at an estimated total cost of the improvement of $64,900. 3. A public hearing will be held in the Council Chambers of the City hall at 1830 East County Road B on Monday, the 10th day of April, 1989, at 7:10 P.M. to consider said improvement. The City Clerk shall give mailed and published notice of said hearing and improvement as required by law. Seconded by Councilmember Rossbach. Ayes - all. 2. Walter Street, Project 84-14 - Approval of Plans a. Manager McGuire presented the Staff report. b. Councilmember Juker introduced the following resolution and moved its adoptions 89-3-39 WHEREAS, pursuant to resolution passed by the City Council, plans and specifications for Walter Street, Project 84-14, 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: 9 3-13-89 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, 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 4:00 A.M., on the 31st day of March, 1989, 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. Seconded by Councilmember Rossbach. Ayes - all. 3. Traffic Study: Mall Area a. Manager McGuire presented the Staff report. b. Director of Public Works Haider explained the problems regarding traffic in the area. c. Mayor Greavu moved to authorize Staff to enter into a contract with Stogar- Roscoe-Esush, Inc., to perform a traffic study in and around the mall area. Seconded by Councilmember Juker. Ayes.- all. 4. Procedures for Community Center Referendum and Park Improvements a. Manager McGuire presented the Staff report. b. Director of Parks and Recreation Odegard presented the specifics of the proposal. c. Commissioner Don Christensen presented the Parks and Recreation Commission report. d. Councilmember Rossbach moved to direct Staff to further research the proposal; obtain surveys done by other communities, costs, etc. Seconded by Councilmember Anderson. Ayes - all. e. Commissioner Jeanne Ewald, Park and Recreation Commission, reported on the research done by other communities. 10 3-13-89 VISITOR PRESENTATION 1. Lincoln Fletcher, 1166 Beam Avenue a. Mr. Fletcher requested Council reconsider the decision for a 44 foot street on Beam Avenue. He believes 36 foot street width would be more acceptable and also could be funded by State Aid. b. Councilmember Anderson moved to reconsider the vote regarding the Beam Avenue construction at the next meeting. Seconded by Councilmember Rossbach. Ayes - Councilmembers Anderson, Juker and Rossbach Nay - Mayor Greavu. K. COUNCIL PRESENTATIONS 1. Menards a. Councilmember Anderson stated Menard's is filling up their racks with lumber. He thought they were told not to do this until the problems are solved. b. Staff stated that condition is true. They will investigate and also stated Menards is scheduled for the March 27, 1989 Meeting. 2. Open Space letter a. Councilmember Anderson requested that the letter being sent to Senator Hughes regarding Open Space Acquisition be sent to all the City's legislative representatives. 3. Council Chambers a. Councilmember Anderson requested Council have input into the remodeling of the Council Chambers. 4. B.B.Y. Partnership a. Councilmember Anderson moved to reconsider the vote on B.B.Y. Partnership at the next regular scheduled meeting, March 27, 1989. Seconded by Mayor Greavu. Ayes - all. 5. R-1 Rezoning a. Councilmember Rossbach stated on Page 8, the wordage regarding the R-1 and Estate zonings should be revised the be clarified. 11 3-13-89 b. Staff will investigate. 6. L.R.T. No discussion. L. ADMINISTRATIVE PRESENTATIONS None. M. ADJOURNMENT 11:18 P. M. - ~~%~~11 FO - ~.~(~Ge~ GCC-e~b " ~ City Clerk 12 3-13-89