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HomeMy WebLinkAbout03.27.89 HINOTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, March 27, 1989 Council Chambers, Municipal Building Meeting No. 89-9 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 7:03 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 MINMUTES 1. Meeting No. 88-2II (November 28, 1988) a. Councilmember Anderson moved that the Minutes of Meeting No. 88-28 (November 28, 1988) be approved as amended: Item I-3, Page 12, "Seconded by Councilmember Anderson" Seconded by Mayor Greavu. Ayes - All. 2. Meeting No. 88-29 (December 12, 1988) Councilmember Rossbach moved that the Minutes of Meeting No. 88-29 (December 12, 1988) be approved as submitted. - Seconded by Councilmember Bastian. Ayes - all 3. Reconvened Meeting No. 88-29 (December 15, 1988) Councilmember Juker moved that the Minutes of reconvened Meeting No. 88-29 (December 15, 1988) be approved as submitted. Seconded by Councilmember Rossbach. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. Recycling 2. Public Works 3. Policy on S.A.C. Charge 1 3-27-89 P 4. Upper Afton Seconded by Councilmember Juker. Ayes - all. E. CONSENT AGENDA Councilmember Anderson moved, seconded by Councilmember Rossbach, A es - all, to approve the Consent Agenda, Items 1 through 9, as recommended: 1. Approval of Claims Approved the claims as follows: ACCOUNTS PAYABLE; $ 481,952.21 Checks 416152 - 416214 Dated 03-01-89 thru 03-15-89 $ 81,471.74 Checks 416876 - 416996 Dated 03-27-89 $ 563,423.95 Total per attached voucher/check register PAYROLL• $ 166,965.32 Payroll Checks $ 31.979.75 Payroll Deductions $ 198,945.07 Total Payroll $ 762,369.02 GRAND TOTAL 2. 1988 Budget For Dental Self-Insurance Fund- . Approved a 1988 Budget consisting of $31,000 for estimated revenues and $33,800 for estimated expenditures with the difference being financed by the surplus fund balance. 3. Time Extension: Highwood 3rd Addition Approved a one-year time extension for the balance of the Highwood Addition Preliminary Plat. 4. 400 Meter Speedskating Track in Roseville Resolution 89 - 3 - 40 WHEREAS, the Metropolitan Council has determined that there is a need for a 400 meter, artificially-refrigerates Speedskating and Bandy Rink in the Metropolitan area, and 2 3-27-89 WHEREAS, the Minnesota Amateur Sports Commission has endorsed and recommended this to be included in the Minnesota State Bonding Fund, and WHEREAS, the Roseville Ad hoc Citizens' Speedskating Committee has selected a site in the City of Roseville, and WHEREAS, this site is strategically located in the Metropolitan area with excellent access from I-35W, I-35E and 36, and WHEREAS, the largest concentration of speedskaters is in the City of St. Paul and northern suburbs with this area producing a majority of the speedskaters currently on the national team, and WHEREAS, there are few metropolitan facilities in the northern suburbs as compared to other areas. NOW, THEREFORE, BE IT RESOLVED, that the City of Maplewood supports the City of Roseville's proposal to locate the Minnesota Oval, a national multi-use, recreational facility, in their community, and BE IT FURTHER RESOLVED, that a copy of this resolution be provided to the City of Roseville. 5. Dispatching Agreements Approved the 1989 contracts for dispatching services with the City of North St. Paul and for dispatching services with the Oakdale Eire Department.. 6. Fire Department Contracts Approve the 1989 contracts for the three Maplewood Fire Departments, for dispatching services with the City of North St. paul, and for dispatching services with the Oakdale Fire Department. 7. Resolution: Willard Munger Trail Resolution 89 - 3 - 41 WHEREAS: A. The State of Minnesota had acquired as a lineal recreational trail the abandoned Soo Line Railroad line from Maryland Avenue in St. Paul to Pine Point in Washington County at the urging and to serve the needs of residents in the eastern metropolitan area; and B. After conducting public hearings on a proposed plan for the development of the trail, it was determined to develop the trail as a multi-use recreational trail for bicycling, hiking, cross county skiing, horseback riding and other non- motorized uses; and C. .There is a compelling need for more pave off-road bicycle trails to 3 3-27-89 provide safe and enjoyable recreational opportunities for the citizens in the east metropolitan area, in particular children and the elderly. D. As recognized in the development plans for the trail, there is also a need in Washington County for a dual-treadway trail to serve the recreational needs of all citizens including horseback riders. NOW, THEREFORE, BE IT RESOLVED that the City of Maplewood strongly supports the completion of that Section of the Willard Munger Trail, known as the Soo Line Trail, from Maryland Avenue in St. Paul to Pine Point in Washington County, and urges the Minnesota Legislature to provide, at its 1989 legislative session, the $2,500,000 needed for the development of the trail as a lineal recreational corridor for bicycling, hiking, cross country skiing, horseback riding, and other non-motorized uses in substantial conformity with the plans therefore previously adopted by the Department of Natural Resources under the Outdoor Recreation Act. 8. Appointment: St. Paul Water Board Advisory Committee Appointed Brian McHugh, 1760 E. County Road B, to the St. Paul Water Board Advisory Committee. 9. Memorial - Harry Tevlin, Deceased Employee Approved the acceptance of a gift of a clock to be placed in the City hall entry way in memory of deceased employee Harry Tevlin. F PUBLIC HEARINGS 1. 7:00 P.M., Ariel Street, Cope Avenue to Castle Avenue, Project 88-15 - Public Hearing (4 Votes). a. Mayor Greavu convened the meeting for a public hearing regarding the construction of Ariel Street, Cope Avenue to Castle Avenue, Project 88-15. b. City Manager Michael McGuire presented the Staff report. c. City Engineer Ken Haider explained the specifics of the proposal. d. Community Development Director Geoff Olson further explained the specifics. e. Mayor Greavu called for persons who wished to be heard for or against the proposal. None were heard. f. Mayor Greavu closed the public hearing. g. Mayor Greavu moved a resolution ordering the preparation of plans for the construction of Ariel Street, Cope Avenue to Castle Avenue Project 88-15. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson and Rossbach. 4 3-27-89 Nays - Councilmembers Bastian & Juker Motion failed. 2. 7:10 P.M., Heuse Relocation: County Road C and Ariel Street (Mogren) a. Mayor Greavu convened the meeting for a public hearing requesting approval to relocate a single family home from White Bear Avenue to the lot on the southeast corner of County Road C and Ariel Street. b. Manager McGuire presented the Staff report. c. Community Development Director Olson presented the specifics of the proposal. d. Mayor Greavu called for persons who wished to be heard for or against the project. The following were heard: Delores Ethier, 2005 White Bear Avenue e. Mayor Greavu closed the public hearing. f. Mayor Greavu moved to approve the relocation of the dwelling on White Bear Avenue to the southwest corner of County Road C and Ariel Street subject to the following conditions: 1. The proposed building is compatible with those in the neighborhood to which it would be moved. 2. Ail City code requirements can be met. 3. Water runoff from the site will not cause an adverse effect on surrounding properties. 4. Public streets can be protected from damage. 5. The proposed move would not degrade the public health, safety or welfare. Approval is subject to application for a building permit. Seconded by Councilmember Anderson. Ayes - all. 3. 7:20 P.M., Conditional Use Permit Renewal and Revision: Menards a. Mayor Greavu convened the meeting for a public hearing regarding the renewal of the conditional use permit for an outside storage yard for 2280 Maplewood Drive (Menards). b. Manager McGuire presented the Staff report. c. Community Development Director Geoff Olson presented the specifics of the proposal. 5 3-27-89 d. Commissioner Anitzberger from the Community Design Review Board presented the Board's recommendation. e. Mayor Greavu called for persons who wished to be heard for or against the proposal. The following were heard William Rosen, 1016 Meritory Tower, St. Paul Laura Hartman, 1081 E. County Road B Scott Hartman, 1081 E. County Road B Debra Forbes, 1071 E. County Road B Kathy Westberg, 2558 Hazelwood Gordon Anderson, 2255 Duluth Velma Miner, 1115 E. County Road B _ Mark Larson, 894 Connor Court, speaking for the Missles, 1133 E. County Road B Kathy Dupre, 1071 E. County Road B Craig Anderson spoke for his mother who lives at 1101 E. County Road B f. Mayor Greavu closed the public hearing. g. City Attorney Ke11y clarified the conditions before the Council. h. Councilmember Anderson introduced the following resolution and moved its adoption: 89-3 -42 WHEREAS, Maplewood initiated a revision and renewal of the conditional use permit to construct and operate a storage yard within 350 feet of a residential zone and the following-described property: Parcel i. That certain triangular tract of land situated in the Southwest Quarter of Section 9, Township 29, Range 22, described as follows, to-wit: Commencing at a point on the East line of the Southwest Quarter of said Section 9 at its intersection with the Easterly line of United States Highway No. 61, as widened; thence South on the East line of said Southwest Quarter to a point 100 feet North of the North line of County Road B; thence West and parallel with the North line of said County Road B to the Easterly line of United States Highway No. 61, as widened; thence Northeasterly along the Easterly line of said United States Highway No. 61, as widened, to the point of beginning. Parcel 2. The South 107 feet of that part of the P7orth 5 acres of the South 50 rods of the North 105 rods of the West 32 rods of the Southeast Quarter of Section 9, Township 29, Range 22, which lies Southeasterly of the following-described line: 6 3-27-89 Commencing at a point on the South line of said 5-acre tract which line is the South line of the Northwest Quarter of the Southeast Quarter, distant 60 feet East of the Southwest corner thereof; thence running Northeasterly to the Northeast corner of said tract and there terminating. Parcel 3. All that part of the West 32 rods of the Southwest Quarter of the Southeast Quarter of Section 9, Township 29> Range 22 lying North of County Road B, except Heinemann's Belleview Addition to Gladstone, and except highway. Parcel 4. Block 16, lying South of the State Trunk Highway No. 36, except the East 240 feet thereof; and Block 15, except the East 240 feet thereof, and e~:cept part thereof taken for highway; and Block 10, except the East 30 feet thereof, and except that part of the West 225 feet of the East 255 feet thereof lying South of the North 30 feet thereof, all in Clifton Addition, Ramsey County, Minnesota. NOTE; Parcel designations are for convenience of reference only and do not constitute an integral part of the legal description. This property is also known as 2280 Maplewood Drive, Maplewood; WHEREAS, the Maplewood City Council approved a conditional use permit on March 28, 1988; and WHEREAS, Section 36-442 (e) of City Code states that "all conditional use permits shall be reviewed by the Council within one year of the initial date of approval, unless such review is waived by Council decision or ordinance. At the one-year review, the Council may specify an indefinite term or specific term, not to exceed five (5) years, for subsequent reviews. The council may impose new or additional conditions upon the permit at the time of initial or subsequent reviews . WHEREAS, the Maplewood City Council held a public hearing on March 27, 1989. 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. NOW, THEREFORE, BE IT RESOL'JED BY THE MAPLEWOOD CITY COUNCIL that the above- described conditional use permit be revised and renewed 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. 7 3-27-89 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. Approval is subject to the following conditions: 1. Adherence to the site plan, dated march 15, 1988, unless a change is approved by the City's Community Design Review Board. 2. Materials in the storage yard shall be no more than 20o visible from the residential lots to the south. This may limit stacking heights or require a higher fence height. 3. Hours of operation in the storage yard shall be limited to 7:00 A.M. to 10:00 P.M. 4. An additional four feet of solid screening material shall be added to the existing screening fence behind 1115 and 1101 East County Road B. No materials stored on the perimeter racY,s shall extend above the fourteen- foot-high fencing. 5. A row of eight-foot-tall evergreen trees shall be planted six feet on center on the rear property at 1101 East County Road B before June 1, 1989. The property owner at 1101 East County Road B shall be responsible 8 3-27-89 for the maintenance of the trees. Menards shall provide a cash escrow or letter of credit for the installation of the trees before the store may open. 6. An exterior public address system shall not be allowed. 7. All lighting in the storage yard that is not needed for site security shall be turned off after business hours. 8. This permit shall be subject to review after one year from the date of renewal, based on the procedures in City Code. 9. No more than 2 i/2 feet of the 17 1/2-foot rack shall be visible from the rear of the homes that are at street level on County Road B. 10. Menards shall be responsible for the safety of the neighbors in regard to ' the materials stored over the height of the fence. 11. Menards shall install a six-to eight-foot high privacy fence to screen the residential lots west of the existing ten-foot fence, from vehicle headlights. 12. Plowed snow shall be stored away from the southern and eastern property lines to avoid run-off problems on residential property. 13. The fence along the east property line shall be extended approximately 110 feet to the north, to the point where the property jogs to the east. 14. No storage shall occur outside the fenced area. 15. All applicable conditions shall be complied with before May 1, 1989. 16. The ten-foot-high fence elong the west side of the storage yard shall be raised to fourteen feet. 17. Toilet facilities shall be made available for employees in the security building. Seconded by Councilmember Bastian. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Juker Nay - Councilmember Rossbach Mayor Greavu recessed the meeting at 9:40 P.M. Mayor Greavu reconvened the meeting at 9:50 P.M. G. AWARD OF BIDS None. H. UNFINISHED BUSINESS 9 3-27-89 i. Geranium/Ferndale Storm Sewer, Project 87-20 - Assessment Hearing Continued from March 13, 1989. a. City Manager McGuire presented the Staff report. b. City Attorney patrick Kelly explained the situation and the Council's options. c. Mayor Greavu moved adoption of the assessment roll. Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmember Juker Plays - Councilmembers Anderson, Bastian, and Rossbach Motion failed. d. Councilmember Anderson moved to reconsider the motion for adoption of the assessment roll. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Rossbach Nays - Councilmember Bastian e. Councilmember Anderson moved to table to reconsider the assessment roll on May 8, 1989 Meeting. Seconded by Councilmember Juker. Ayes - all: 2. Beam Avenue, West of T.H. 61 to County Road D, Project 88-12: Reconsider Roadway Width Design. a. Manager McGuire presented the Staff report. b. Councilmember Rossbach moved that the width of Beam Avenue be reduced to 36 feet. Seconded by Councilmember Juker. Ayes - all. c. Councilmember Rossbach introduced the following resolution and moved its adoption: 89-3-43 WHEREAS, the City of Maplewood has planned the improvement of Beam Avenue and Walter Street from 450 feet west of Trunk Highway 61 at the terminus of CSAH 19 to County Road D (CSAH 19); 10 3-27-89 WHEREAS, the City will be expending Municipal State Aid Funds on the improvement of this street; and WHEREAS, this improvement does not provide adequate width for parking on both Bides of the street; approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned on certain parking restrictions, and WHEREAS, the extent of these restrictions that would be a necessary prerequisite to the approval of this construction as a Municipal State Aid project in the City, has been determined. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the parking of motor vehicles on the north side of Beam Avenue and east side of Walter Street is banned at all times. Seconded by Councilmember Juker. Ayes - all. 3. Conditional Use Permit: County Road D (coins) a. Manager McGuire presented the Staff report. b. Community Development Director Olson explained the specifics of the proposal. c. Mayor Greavu moved to table this request until July 10, 1989. Seconded by Councilmember Juker. Ayes - a11. 4. Tax Increment Financing For Maplewood Community Center and Park Improvements. a. Manager McGuire presented the Staff report. b. Councilmember Anderson moved to approve the use of Tax Increment Financing for park Improvements and a Community Center. Seconded by Councilmember Rossbach. Ayes - Councilmembers Anderson, Juker and Rossbach. Nays - Mayor Greavu, Councilmember Bastian 5. Reconsideration of B.B.Y. Partnership Proposal a. Manager McGuire presented the Staff report. b. Councilmember Bastian moved to deny the request for an amendment of the Comprehensive Land use Plan from LSC to residential high densit with the findings to be drawn from the public hearing of March 2, 1989. 11 3-27-89 c. City Attorney Kelly informed the Council that the City Attorneys were served with a notice of motion for a temporary restraining order on the morning of March 27, 1989. As of this meeting, they have not received a restraining order restraining the Council from any type of action. d. Mr. Chris Dietz, Attorney representing B.B.Y. addressed the Council and proposed that no action be taken at this meeting. e. Councilmember Bastian repeated the original motion. Seconded by Councilmember Anderson. Ayes - all. f. Councilmember Bastian moved to table until the May 10, 1989 Meeting. Seconded by Councilmember anderson. Ayes - all. I. NEW BUSINESS 1. Designation of Official Depository and Financial Services Agreement a. Manager McGuire presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 89-2-44 BE IT RESOLVED, that First Minnesota Savings Bank is hereby designated as depository for demand deposits of the City of Maplewood, and - BE IT FURTHER RESOLVED, that a two-year agreement is hereby approved with First Minnesota Savings Bank for checking account and lockbox services based upon the terms in their proposal, and BE IT FURTHER RESOLVED, that funds deposited in said bank may be withdrawn by check when signed by the signature, or by the facsimile signature of the Mayor, City Manager and Finance Director, and BE IT FURTHER RESOLVED, that funds in said bank may be wire transferred at the request of the Finance Director, Assistant Finance Director, or Accountant for the purchases of City investments, and BE IT FURTHER RESOLVED, that deposits in said bank shall not exceed the amount of F.S.L.I.C, insurance covering such deposits unless collateral or a bond is furnished as additional security, and BE IT FURTHER RESOLVED, that this depository designation shall be effective .upon adoption of this resolution and continue to be effective until new depositories are designated. Seconded by Councilmember Rossbach. Ayes - all. 12 3-27-89 2. Ramsey County - Beam Avenue Overlay a. Manager McGuire presented the Staff report. b. Mayor Greavu moved to approve the concept of Ramsey County to remove several inches of the existing pavement of Beam Avenue and overlaying the entire roadway. Seconded by Councilmember Rossbach. Ayes - all. 3. Southlawn Avenue, Beam Avenue to County Road D Project 85-17 - Relocation Agreement with N.S.P. a. Manager McGuire presented-the Staff report. b. Director of Public Works Haider presented the specifics of the proposal. c' Councilmember Anderson introduced the following resolution and moved its adoption• 89-3-45 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 85-17 and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the existing Northern States Power Company transmission line crossing Southlawn Avenue must be raised to allow the project to be completed as initially contemplated, and WHEREAS, Northern States Power company has prepared a Relocation Agreement (89N195) for raising said electric transmission line. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the Mayor is hereby authorized to execute the Relocation Agreement. Seconded by Councilmember Rossbach. Ayes - all. 4. Keller Parkway - County Road C Water Main, Project 88-10 - Schedule Public Hearing a. Manager McGuire presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 89-3-46 WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare a report with reference to the improvement of County Road C from Forest Street to Keller Parkway and Keller Parkway from County Road C to Palm Court, City Project 88-18, by construction of water main, services, and street 13 3-27-89 restoration, 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 County Road C from Forest Street to Keller Parkway and keller Parkway from County Road C to Palm Court, City Project 88-18, by construction of water main, services, and street restoration 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 $172,500. 3. A public hearing will be held ir. the Council Chambers of the City hall at 1830 East County Road B on Monday, the 24th day of April, 1489, at 7:00 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 Juker. Ayes - all. 5. Hillcrest Sanitary Sewer, Project 86-22 - Order Assessment Hearing a. Manager McGuire presented the Staff report. b. Councilmember Anderson introduced the following resolution and moved its adoption: 89-3-47 WHEREAS, the City Clerk and City Engineer have final costs for the improvement of Hillcrest sanitary sewer, City Project 86-22. 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. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. Seconded by Councilmember Juker. Ayes - all. 14 3-27-89 c. Councilmember Anderson introduced the following resolution and moved its adoption• 89-3-48 WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Hillcrest Sanitary sewer, City Project 86-22, 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 24th day of April, 1989, at the City Hall at 7:10 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 Juker. Ayes - all. 6. Code Amendment: Rural Street Design (1st Reading) a. Manager McGuire presented the Staff report. b. Director of Community Development Olson. c. Mayor Greavu moved first reading of an ordinance amending Section 29-52 of the City Code to elaborate on the design characteristics for a "relaxed urban" street. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Juker. Nay - Councilmember Rossbach 7. Plan Amendment: Harvest Park Expansion (4 Votes) Sec. 10. a. Manager McGuire presented the Staff report. b. Councilmember Bastian introduced the following resolution and moved its ado tp ion: 89-3-49 15 3-27-84 WHEREAS, the City of Maplewood initiated an amendment to the Maplewood Comprehensive Plan from RL, residential low density, to P, park for the property south of Harvest Park to Gervais Avenue. WHEREAS, the procedural history of this plan amendment is as follows: 1. The Maplewood Planning Commission held a public hearing on March 20, 1989, to consider this plan amendment. 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 Planning commission recommended to the City Council that said plan amendment be approved. 2. The Maplewood City Council considered said plan amendment on March 27, 1989. The Council considered reports and recommendations from the Planning Commission and City Staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUPICIL that the above- described plan amendment be approved on the basis that it is consistent with the park plan. Seconded by Mayor Greavu. Ayes - all. 9. Hillwood Oaks Number One a. Time Extension b. Preliminary Plat Revisions i. Manager McGuire presented the Staff report. 2. Lawrence Sampsted, representing the developer, Robert Hennen, spoke on behalf of the proposal. 3. Robert Hennen, the developer, explained the need for preliminary plat revisions. 4. Mayor Greavu moved to approve a one-year time extension for the Hillwood Oaks Number One preliminary plat, subject to the March 14, 1988, conditions. of approval revised as follows: 1. A deed to convey Outlot B to the City. A restriction shall be recorded against the title stating that this outlot may not be used for access to the cul-de-sac or transferred to another ownership until a fair reimbursement of costs for street, water and sewer is made to the City. The City Cauncil shall determine what a fair reimbursement is. The City shall then attempt to reimburse this money to the developer. If the developer cannot be located, the City shall retain this money. 2. A recordable deed shall be submitted to the City Engineer to transfer title for Outlot A to the City. 16 3-27-89 3. Approval of final grading, utility, erosion control and drainage plans by the City Engineer. a. The grading plan shall include the location of the proposed building pads and the style of each proposed dwelling (walkout, split-entry, etc.). The proposed house styles and locations and street plans shall provide for, or be revised to show; (1) an undisturbed fifteen-foot-wide strip along the east and west plat boundaries and (2) the removal of as few healthy, mature trees as possible to construct necessary public improvements, dwellings and driveways. Future revisions to the approved grading plan may be authorized by the City Engineer, provided the intent of the overall grading plan is not compromised. b. Each mature tree to be saved shall be shown on the grading plan. These trees shall also be identified on the site. 4. Submittal of a signed developer's agreement with the required surety. This agreement shall address, but not be limited to: a. Construction of all required on-site public improvements. b. Removal of the temporary cul-de-sac for Hillwood Drive, construction of a permanent Hillwood Drive street section (curb, gutter, etc.,) and restoration of the temporary cul-de-sac area outside of the permanent street section to an acceptable grade with grass. c. Construction of Hillwood Drive at least thirty feet west of the southwesterly extension of the east line of Lot One, Block Two. d. Replanting of trees, as necessary, so that there are at least 10 trees on each acre (2-inch plus new or 4-inch plus diameter existing) following all construction. Trees may be relocated to the berm on Outlot A (City pond) subject to the location being approved by the City Engineer. - e. A cash escrow for the construction of afive-foot-wide concrete sidewalk on the north side of Hillwood Drive. Construction of the sidewalk is contingent upon the City council's decision regarding the revised sidewalk plan in the City's comprehensive plan. 5. The owner(s) of this property shall release, by deed, any right that may run with this property to use the 33-foot-wide access easement that abuts the northwest corner. 6. Any changes to the preliminary plat conditions must be approved by the City Council. 17 3-27-89 Seconded by Councilmember Rossbach. Ayes - al L _ 10. Ordinance: Certification of Occupancy (First Reading) a. Manager McGuire presented the Staff report. b. City Attorney Kelly explained the ordinance amendment. c. Councilmember Juker moved first reading of an ordinance amending Chapter 9, Article III of the Maplewood Code to require occupancy permits for buildings that have been vacant for 30 days. Seconded by Councilmember Rossbach. Ayes - all. 11. Amendment of Council Rules of Procedures a. Manager McGuire presented the Staff report. b. Councilmember Rossbach moved to approve the Amendments to the Rules of Procedure as presented and reads as follows: SECTION 1: MEETINGS A. Regular The City Council shall hold regular meetings on the second and fourth Mondays of each month at 7:00 p.m., 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. In addition, the Council shall meet at 4:30 p.m. on the Thursday precedine following the second and fourth Mondays. These meetings may be cancelled by the City Council or City t9anager if warranted. B. Special The Mayor or any two members of the Council by writing filed with the City Clerk at least twenty-four (24) hours before such meeting may call a special meeting. 2dotice 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 (12) 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. 18 3-27-89 C. Place All meetings shall be held in the Council Chambers of the Maplewood City Municipal Building unless there is a published notice designating another location. D. 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 Council members shall elect one of their number as temporary chairperson. E. uorum Three.,members of the Council shall constitute a quorum at any meeting of the Council, but a smaller number may convene from time to time. F. Order of Business At the hour appointed for meeting, the members shall be called to order by the Mayor, or in his/her absence by the Acting Mayor, or in the absence of both, by the City 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 proceed to business which shall be conducted in the foilowinc established order: (A) CALL TO ORDER B) ROLL CALL (C) APPROVAL OF MTNUTF.S - (D APPROV T. OF A(:F.NDA R) ON NT A,iNDA (F) AWARD OF BIDS (G) 11NFTN H D B STNESS (H) NF,W BUSINESS (I) COUT]CIL PRESENTATIONS (J) ADhfIP:ISTRATIVE PRESENTATIONS (K) ADJOURP]MENT OF THURSDAY MEETING (L) RECONVENE: CALL t40NDAY MEETING TO ORDER (M) ROLL CALL (N) PUBLIC HEARINGS (O) VTRTTOR PRF RFTITATThNS (Pl AD.TOI7RNMF.NT !1F MONDAV MFF.TTNG G. 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 meeting at 4:30 p.m. The continued meeting will begin at the point on the agenda where the adjournment occurred. No new items will be added to the continued meeting agenda. First Regular 19 3-27-89 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 disability or absence of the Mayor, and (3) review the Rules of Procedure of the City Council and make any necessary changes if such changes are desired. SECTION 2: AGENDA FOR REGULAR MEETIt7G A. All matters to be submitted to the Council shall be filed no later than 12:00 noon on the Monday prior to the Monday Council meeting at which consideration is desired, and shall be delivered to the City Manager, or in his/her 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. B. 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 meeting, except 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; however, 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. The Mayor and each Council member shall be provided with a copy of the agenda, minutes of the previous meeting, and any other reports and information pertinent to the agenda at least forty-eight (48) 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 presented 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 1, unless al]. Council members 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 law. 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 by a member of the Council, such minutes may be approved without reading if each member has previously been provided a copy. C. The Council may, by motion carried by a majority vote, amend the minutes. Such amending motion shall become a part of the minutes of the subsequent meeting. 20 3-27-89 SECTION 5: DUTIES OE THE PRESIDING OFFICER The Presiding Officer shall preserve strict order and decorum at all meetings of the Council. He/She 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 an appeal to the Council in which event a majority vote of the Council shall govern and conclusively determine such questions or order. He/She shall vote on all questions and on a roll call vote rotate the order in which votes are cast. SECTION 6: RULES OF DEBATE A. The Mayor, or other Presiding Officer, may move, second and debate from the chair, subject only to such limitations of debate as are by the rules imposed on all members and shall not be deprived of any of the rights and privileges of a Council member by reason of his acting as the Presiding Officer. - B. Every member desiring to speak shall address the chair, and upon recognition by the Presiding Officer shall confine himself/herself 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/her 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, the member shall cease speaking until the question of order is determined and if in order, he/she shall be - permitted 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 Council and must be made by a member of the Council who voted with the prevailing side. Provided 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 Council member may request, through the Presiding Officer, the privilege of having an abstract of his/her statement on any subject under consideration by the Council, or the reason for the member's dissent from or support of any action of the Council, entered in the minutes. F. The Clerk shall enter in the minutes a synopsis 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 permission of the Presiding Officer. Each person addressing the Council shall give his/her name and address in an audible tone for the records, and unless further time is granted by the Presiding Officer, shall limit 21 3-27-89 h' address to five (5) 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 and 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 shall be asked a Council member or any member of the Administrative Staff except through the Presiding Officer. SECTION 8: GENERAL RULES OF ORDER Robert's Rules of Order and Robert's Parliamentary Law 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: DECORUM AbTD ITS ENFORCEMENT The Council members, while the Council is in session, must preserve order and decorum, and a member shall neither, b}• conversation or otherwise, delay or interrupt the proceedings or the peace of the Council, nor disturb 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. SECTION 10: ORDINANCES, RESOLUTI02d5, MOTIONS AND REPORTS A. Ordinances, resolutions, and other matters or subjects requiring action by the Council shall be introduced and sponsored by a member 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 ayes and 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 all members of the Council shall be required for the passage of all ordinances, motions and resolutions except as otherwise provided by law and except that amendments to the comprehensive plan shall require at least four (4) votes in favor. C. Every ordinance, other than emergency ordinances, shall have two public readings as provided in Subsection (B) of this Section, and at least fourteen (14) days shall elapse between the first reading or waiver theeof and the second reading or waiver thereof. D. An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace, health, morals, safety or welfare in which the emergency is defined and declared, passed by a roll call vote of at least four (4) members of the Council, as recorded by ayes and nays. No prosecution shall be based upon the provisions of any 22 3-27-89 emergency ordinance until the same has been. filed with the City Clerk and posted in three conspicuous places in the City, and twenty-four (24) hours after such filing and posting shall have elapsed or until the ordinance has been published, unless the person, persons, 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/she may deem necessary for the welfare of the people and efficient administration of the affairs of the City. The City Manager shall have all the rights, powers and duties prescribed by Minnesota Statutes in regard thereof; however, it is recognised that the City Council is the policy-making body for the City and the City Manager shall confine his/her 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 questions 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 majority vote of all Council members, these rules may be waived. SECTION 13: ADJOURNMENT A motion to adjourn shall always be in order and decided without debate. Seconded by COUnCiI memh er Andarenn_ A~Iaa - atl_ Seconded by Mayor Greavu. Ayes - all. 12. Sale of Old City Hall a. Manager mcGuire presented the Staff report. b. Mayor Greavu moved to accept the offer of $255,000 for the purchase of old City Hall, 1380 Frost Avenue and to extend the listing agreement with Edina Realty. Seconded by Councilmember Juker. Ayes - all. 23 3-27-89 J VISITOR PRESENTATIONS None. K. COUtdCIL PRESEtdTATIOtdS 1. Recycling a. Councilmember Anderson suggested a meeting be held with the hauler regarding days of pickup. b. This subject will be discussed at next meeting. Councilmember Anderson moved to waive the Rules of Procedures and extend the meeting until the Agenda is finished. Seconded by Councilmember Juker. Ayes - all. 2. Public Works a. Councilmember Anderson stated that after meeting with the Director of Public Works, perhaps policies should be adopted. b. No action taken. 3. Policy on S.A.C. Charge a. Councilmember Anderson stated Staff should make people aware that the S.A.C. - charges are not included with assessments. 4. Upper Afton Road a. Council stated that the feasibility report on the Upper Afton Road project should be updated. b. Councilmember Juker moved to direct staff to update the Upper Afton Road feasibility study, have a meeting with the neighborhood and report back to Council. Seconded by Mayor Greavu. Ayes - all. J. VISITOR PRESENTATIONS (Continued) 1. Gary Gehrke, 1252 Cope Avenue Mr. Gehrke commented on the proposal to hold more Council Meetings and suggested at least 3 or 4 meetings. L. ADMINISTRATIVE PRESENTATIONS None. 24 3-27-89 _ ADJOURNMENT 10:43 P.M. i1~~~c~c-cG~c/ ~ GL~~ City Clerk 25 3-27-89