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HomeMy WebLinkAbout04.06.89 and 04.10.89 MINUTES OF MAPLEWOOD CITY COUNCIL 4:30 P.M., Thursday, April 6, 1989 and 7:00 P.h1., Monday, April 10, 1989 Council Chambers, 2unicipal Building Meeting A'o. 89-9 A A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was he_d in the Counrll Chambers, Municipal Building, and was called to order at 4:32 P.hf., by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Ilorman G. Anderson, Councilmember Present Gary h7. Bastian, Councilmember Present Frances L. Joker, Councilmember Present George 41. Rossbach, Councilmember Present C. P.PPP.OV1'J, OF MINUTES Gone. L. APPROVAL OF AGEIIDA Mayor Greavu moved to approve the agenda as amended: 1. Pull Tab.^, 2. Opening - 3. Counc_.l Minutes 4. Judges 5. Clean Up week 6. Assessment Interest 7. C.D.R.B. 8. Staff Meetings 9. Council Agenda 10. Meeting with Manager 11. Rules of Procedures Seconded by Councilmember Rossbach. Ayes - all. - E. COIISENT AGENDA Councilmember Bastian moved, seconded by Councilmember Anderson, Ayes - a11, to remove Items 1 through 5 to become Items H-1, 2, 3, 4 and 5. F AL;ARD OF BID 1. Corununication Recorder 1 April 6, 1:'89 a. Manager McGuire presented the Staff report. - b. Director of Public Safety Collins esplai.ned the specifics of the bid and requested the bid be awarded to Dictaphone as they met all specifications. c. t4ayor Greavu introduced the following resolution and moved its adoption: 89-4-50 BE IT RESOLVED BY THE CITY COUPICIL OE MAPLEWOOD, PSIPII]ESOTA, that the b'_d of Dictaphone, Inc., in the amount of $36,239.00 is the most responsible bid for the purchase of a new recorder for the Police Conmmnication Center and the proper City off~_cials 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. G. UiyTFIP:ISHED BUSil`;ESS 1. B.E.Y. Partnership a. City Attorney belly updated the Council regarding the B.B.Y. Partnership litigation. b. PIo acd_on taken. 13. NEW BUSP.•IESS ' 1. Approval of Claims Mayor Greavu moved to approve the foilowin~ claims: ACCOUAITS PAYABLE; $ 195,225.0?, Checks ~t6215 - ,$6271 Dated 3-16-89 thru 3-30-89 $ 77,394.54 Checks ~}5865 - 65986 Dated 4-10-89 $ 272,614.62 Total per attached voucher/check register PAYROLL• $ 166,626.46 Payroll Checks $ 7,968.14 Payro_il Deductions $ 174,594.20 Total Payroll S 447,214.20 GRAND TOTAL - 2 April 6, 1989 Seconded by Councilmember Rossbach. Ayes - all.. 2. Renewal of Insurance Consultaut Contract a. Manager f4cGuire presented the Staff report. b. 24ayor Greavu moved to renew the contract with Corporate P.islc Management as the City's insurance consultant. Seconded by Councilmember Bastian. Ayes - all. 3. 29cP.night Road Phase 3, Project 87-05, Traffic Control. a. tfanager McGuire presented the Staff report. b. Councilmember Rossbach introduced the follo~oing resolution and moved its adoption' 84 -5 -51 BE IT RESOLVED that the City of hlapletaood enter into an agreement with the State of Minnesota, Department of Transportation,for the follw:ing purposes, to wit: To remove the existing traffic cont'ro1 signals and install nev.* traffic control signa"-s with street lights, emergency vehicle pre-emption and signing on Trunk Highway ?']o. 5 (East 2•Sinnehaha Avenue) - County State Aid Highway no.34 (Eest Minnehaha Avenue) at Truxtl: Highway No. 5 (Stillwater Roaq) - County State Aid Highv:ay 110. 68 (McKnight Road), and on Trunlc Highway No. 5 (Stillwater Road) - County State Aid Highway No. 32 (Stillwater Avenue) at Trunl: Highway No. 5 (stii_weter P,oad) - County State Aid Highway No. 68 (Lakewood Drive) in accordance with the terms and conditions set forth and contained in Ag~eernent No. 65177, a copy of which was before the Council. BE IT FURTHER RESOLVED that the proper City officers are hereby authorized to execute such agreement, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. Seconded by Councilmember Bastian. Ayes - all. 4. PcKnight Road Phase 3, Project 87-05, Concurrence with Bid Award a. Manager McGuire presented the Staff report. b. Councz'_member Anderson introduced the following resolution and moved its adoption• 3 April 6, 1929 84 -4-52 WHEREAS, the City of Maplewood has entered into a cooperative agreement with Ramsey County for the reconstruction of McKnight Road from Beaver Lalce to Conway Avenue, Project 87-05, and WHEREAS, bids were received resulting in costs less than estimated in the draft cooperative agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COU1dCIL OF MAPLE4700D, MINL`7ESOTA: that concurrence with the award of bid to Richard Knutson, Inc., i.s made. Seconded by Councilmember Rossbach. Ayes - a11. 5. Proclamation For Arbor Day a. Manager mcGuire presented the Staff report. b. Itayor Greavu introduced the follocai.ng proclamation: PROCLAI~iATI01•I 47HEREAS: Trees are an increasingly vita. resource in Maplewood, enriching our lines by purifying air and water, and helping to conserve soil and energy; and WHEREAS: Trees serve as recreational settings and provide habitat for wildlife of a7.1 kinds, and make our cities more livable; and 47IIEREAS: i~uman activities such as construction damage and pollution, as well as disease and insects, th;~eaten our trees, creating ti7e need for concerted action to ensure the future of Maplewood trees; and 47HEREAS: Each year on the Iast Friday in April has been declared Arbor Day for the people of 1~[innesota to pay special attention to the wonderful treasure that our trees represent and dedicate _ themselves to the continued health of our community stock of trees; Pd041, THEREFORE, I, John Greavu, Mayor of the City of Maplewood, do hereby proclaim April 28, 1989 to be ARBOP. DAY, and I further urge ail citizens to become more award of the importance of trees to their caell-being, and to particip2te in tree planting programs that tioili ensure a greener Maplewood for decades to come, and to plant, nurture, protect, and wisely use Maplewood's great treasure of trees. 6. Selection of Insurance Agents a. Manager McGuire presented the Staff report. b. Council member Anderson moved to accept the consultant's recommendation that the assignment of insurance companies to Ekblad, Pardee and Bec•ie11 and to Hadtrath and Associates. 4 April 6, 1939 Seconded by Councilmember Rossbach. Ayes - Playor Greavu, Councilmember.s Anderson, Bastian and Rossbach. i~ay - Councilmember Juker. 7. 4lalter Street, Project 84-14 - Schedule Assessment hearing. a. Manager McGuire presented the Staff report. b. Councilmember Anderson introduced the following resolution and moved its adoption: 84-4-53 4IHEREAS, the City Clerk and City Engineer have received bids for the improvement of Walter Street, Fenton Street to Frost Avenue, City Project 84-14. NO~i7, THERF.FORF., BE IT RESOLVED BY THE CITY COUtdCIL OF MAPLEWOOD, MII71?ESOTA, 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 7.and 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 the:-eof. Seconded by Councilmember Juker. Ayes - a11•. c. Councilmember Anderson introduced the f oilovring resolution anal moved its adopt~on- 89 -4-54 6IHEF.El,S, the Clerk and the Engineer have, at the directionof the Counci:i, prepared an assessment roll for the construction of halter Street, Fenton Street to Frost Avenue, City Project 84-14, and the satt~e assessment is on file in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 1-tAPLEW00D, MIPdP7ESOTA: 1. A hearing shall be held on the 3th day of I4ay, 1989, at the City Ha.l 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 vrill be g=ven 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 publislied 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. 5 April 6, 1989 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 Cleric and that written or oral objections will be considered. Seconded by Councilmember Juker. Ayes - all. ~I 8. Cope Avenue, Craig to Ariel, Project 85-26 Revise Interest Period. i a. Manager McGuire presented the Staff report. b. Mayor Greavu introduced the following resolution and moved its adoption: 89 -4-55 BE IT RESOLVED BY THE CITY COUPdCIL OF PtAPLEW00D, MINk~ESOTP.: the October 10, 1989 resolution adopting the assessment roll for Cope Avenue, Craig to Ariel, Project 85-26 shall be revised by deleting the statement, "To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1939," and substituting, "To the first installment shall be added interest on the entire assessment from May 1, 1989, through December 31, 1489." Seconded by Councilmember Rossbach. Ayes- all. 9. Sterling Street, Schaller Drive Project 87-45 Water System Improvements and - Reorder Feasibility Study. a. Alanager McGuire presented the Staff report. b. Councilmember Anderson introduced the following resolution and moved its adoption: 89-4-56 WHEREAS, it is proposed to construct Sterling Street from Aillwood Dr=.ve to Highwood Avenue and Schaller from Lakewood Drive to Sterling Street, City Project 87-45, and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOY1, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MIIdNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council will all convenient speed advising the Council in a preliminary way as to whether the proposed improvement i.s feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Seconded by Mayor Greavu. Ayes - a1 i. 6 April b, 1989 _ c. Councilmember Anderson introduced the folio%ing resolution and moved its adoption• 89-4-57 WHEREAS, the low water pressure in the area south of Linwood Avenue and north of Boxwood Avenue may constitute a threat to public health, safety, and welfare, and WHEREAS, permanent measures to rectify this potential problem cannot be provided in a timely manner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COU1dCIL OF MAPLEWOOD, MII,IIIESOTA, as follows: 1. It is advisable, expedient and necessary that the City of Paplewood install individual pressure reducing valves in ex'_sting residences between L;_nwood Avenue and Highwood Avenue below Elevation S75 and orders the same to be made. 2. The City Engineer is designated engineer for this .improvement and is hereby directed to prepare a contract and obtain bids on sand improvement. Seconded by Mayor G_-eavu. Ayes - all. 10. Cope Avenue, Craig to Arie1, Project 85-26 Change Order One a. Manager McGuire presented the Staff report. b. Director of Public WorY.s Haider explained the need for the change order. ' c. T4ayor Greavu introduced the following resolution and moved its adoption: 89 -4-58 WHEREAS, the City Council of Maplewood, Pinnesota, has heretofore ordered made Improvement Project 85-26 and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and e~:pedient that said contract be modified and designated as Improvement Project 85-26 Change Order 1. IdOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OP I{APLE4;OOD, I4INIdESOTA, that the Mayor and City Clerk are hereby authorized and directed to modify the e~,isting contract by executing said Change Order 1. Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmenbe_-s Anderson, Suker and Rossbach Nay - Councilmember Bastian. 7 Apr-_1 6, 1589 11. Storm Water Management Study a. Manager PicGuire presented the Staff report. b. Director of Pub'~ic Works Haider explained the proposal. c. Mayor Greavu moved to authorize Staff to enter into contracts for the storm " water management study with the consultant and various suppliers at a cost not to e_:ceed $90,000 and direct the City Manager to make the appropriate bud-yet transfers. Seconded by Councilmember Rossbach. Ayes - all. 12. Recycling Challenges a. Manager IdcGuire presented the Staff report. - b. blr. Piilce Hinz, Gopher Recycling, presented his original proposal tohold a contest for publicity designed to promote recycling. c. Councilmember Bastian moved to approve the Month of May to promote recycling and to challenge all surroundinY cities (Shoreview, Little Canada, P.osevi7.le, North St. Paul, Oai:da'_e, beta Bri-hton and White Bear Lalce, etc.) to determine which City Covnci-1 jai:il be the first to 'recycle 100 tons in a month and Staff to set up the rules. Seconded by Councilmember Anderson. Ayes - all. 13. Recycling Complaints - a. i4anager McGuire stated Mr. Mike Hinz, Gopher Recycling, had been invited to appear before the Council to answer the complaints regarding the recycling program. b. Pir. Hinz arscaered the complaints and stated he is working with the custome,:s and trying to address and resolve each complaint. 14. Recycling Boundaries (Councilmember Anderson) a. Councilmember Anderson stated the boundaries for recycling should be changed, especially from Erost to Highway 36. It seems the south side of Erost pickup day is different than the north side of Erost. b. Mr. Hinz, Gophe= Recycling, stated he is initiating a program that main streets will be picl.ed up on both sides the same day. 15. Survey of Planning Commission a. Manager McGuire presented the Staff report. b. Director of Community Development Olson explained the specifics of the survey. 8 April 6, 19°9 b. Director of Community Development Olson er.plained the specifics of the survey. c. Commissioner Ralph Sletton spoke on behalf of the Planning Commission. d. No action taken. Mayor Greavu moved to table the balance of the agenda until 2donday, April 10, 1989. K. RECESSED AT 7:00 P.M. L. RECONVENE: APRIL 10, 1989, 7:02 P.Id. Mayor Greavu reconvened the meeting at 7:02 P.P1. to review the tape of the Council meeting. M. ROLL CALL John C. Greavu, Mayor Present tdorman G. Anderson, Councilmember Present Gary 47. Bastian, Councilmember Present Frances L. Juker, Councilmember Present ' George F. Rossbach, Councilmember Present I?. PUBLIC HEARINGS 1. 7:00 P.24., Home Occupation License P.enewal or Revocation: 1725 Laurie Road (Catlin) a. Piayor Greavu convened the meeting for a public hearing regarding a request of M=. Kevin Catlin that his home occupation license for 'a taxi cab leasing business be renewed. b. 1`farager McGuire presented the Staff report. c. Mr. Kevin Catlin, 1725 E. Laurie Road, the applicant, spoke on beha'_f of the request. d. Ntayor Greavu called for proponents. The following were heard: Diane Anderson, 1705 Laurie Road Piartin Maloney, 1733 Laurie Road Sid Strong, operator of Tovni Tar i Idelanie Y.urkowski, 1698 E. Sandhurst Presented a petition signed by ten residents supporting Mr. Catlin. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Mayor Greavu moved to renew the Home Occupation license of Iir. Y.evin Catlin for a si.r,-montl: period subject to original petition. 9 April 6, 1989 Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian, and Rossbach. Play - Councilmember Jul;er. 2. 7:10 P.M., Brooks Avenue, Hazelwood to Germain Watermai_n Project 88-08 a. Mayor Greavu convened the meeting for a public hearing regarding the construction of watermains on Brooks Avenue between Hazelwood and Germain Street. b. Pianager McGuire presented the Staff report. c. City Attorney Bannigan explained the procedures of the public hearing. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None Caere heard. g. Cou nc _.lmemb er Anderson .introduced the following resolution and moved i.ts adoption• 89-4-59 WHEREAS, after duenotice of public hearing on the construction of water main, services, and appurtenances on Brooks Avenue, Hazelwood Street to Gers~ain Street, City Project 88-08, a hearing on said improvement in accordance with the notice duly given was duly held on April 10, 1989, and the Council has heard all persons desiring to be heard on the matter and has fully considered the same; PIOid, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MII4PIESOTA, as follows: 1. That it is advisable, expedient and necessary that the City of Maplewood construct crater main, services, and appurtenances on Brooks Avenue, Hazelwood Street to German Street, City Project 88-08, 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 Councilmember Juker. Ayes - ail. 3. 7:20 P.M., Ariel Street, County Road B to Cope Avenue Project 83-11 Assessment Hearing. a. Mayor Greavu convened the meeting for a public hearing regarding the proposal to adopt the assessment roll for Arie1 Street Project 88-11. b. I~ianager McGuire presented the Staff report. 10 April 6, 1989 _ _ _ _ _ c. City Attorney Bannigan explained the procedure for the assessment public hearing. d. Director of Public L7orks Haider presented the specifics of the proposed assessment roll. e. Mayor Greavu called for proponents. None were heard. f. Mayor Greavu called for opponents. The following were heard: Willard Morton, 3140 Chowen Ave. So., Minneapolis Letters received from: Sherman-Boosalis Interests Thomas and Denise Klass, 2256 German Street g--. Mayor Greavu closed the public hearing. h. Mayor Greavu introduced the following resolution and moved its adoption: 89 -4-60 41HEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the construction of Ariel Street from Couaty Road B to Cope Avenue as described in the files of the City Clerk as Project 88-11, and has amended such proposed assessment as it deems just, PdOTi7, TN_EREZ'ORE, BE IT RESOLVED BY THE CITY COUPdCIL OF AfAPLE4!OOD, I~1IP1IdESOTA_: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments el:tendi.ng over a period of 20 years, the first of the installments to be payable on - or after the first Monday in January 1940, and shall bear inte_est at the rate of nine (9.0) percent per annum from the date of the adoption of this - assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1989. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying add-aiorial assessments, on notice and hear'_ng as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, wher. changed cond_tions relating to such properties make such assessment feasible. 11 April 6, 1989 4. To the extent that this improvement benefits nonabutting properties cahich may be served by the improvement when one or more later extensions or - improprovements are made, but which are not herein assessed, therefore, it is. hereby declared to be the intention of the council, as authorized by Minnesota.Statutes Section 420.051, to reimburse the City by adding any portion of the cost so paid to the assessments ie~aied for any of such later ez;tension or improvements. 5. The Clerx shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Julcer and Rossbach. Nay - Councilmember Bastian. i. Council stated assessment appeals will be discussed on April 20, 1989, at 4:30 P.I4. 4. 7:30 P.At., Critical Area Pian Amendment, South of Fish Creel:, t•Iest of I-49/x. a. Mayor Greavu convened the meeting for a public hearing regarding the request of developers of the Fich Creek Estates plat that need an amendment to the City's Critical Area Plan to develop lots with an average size of 1.2 acres. The Critical Area Pian establishes a minimum lot area of three acres. b. Manager I•icGuire presented the Staff report. - c. Director of Community Development Olson presented the details of the proposal. d. Commissioner Sletton presented the Planning Commission recornmend~tion. e. Dave Flausing, Consulting Engineer for the development, spoke on behalf of the request. - & Mayor Greavu closed the public hearing. g. Councilmember Anderson moved to accept the Staff recommendation to take no action on the plan amendment unti.i a feasibility study for the extension of water to this area is finished. Seconded by Councilmember Rossbach. Ayes - Councilmembers Anderson, Bastian, Julcer and Rossbach. Nays - Mayor Greavu. 5. 7:30 P.Pi., Preliminary PiaL': Fish Creels Estates a. Mayo: Greavu convened the meeting for a public hearing rega-rd_.ng the request 12 April o, 1989 of Mr. Lawrence D. anderson for approval of a preliminary plat for sever, lots and the use of "relaxed urban" streets. b. Manager McGu_re presented the Staff report. c. David Hausi-ng, Consulting Engineer, representing the owner, spoke on behalf of the proposal. d. Mayor Greavu moved to table this item for 70 days. Seconded by Councilmember Anderson. Ayes - all. Mayor Greavu called a 5 minute recess. Mayor Greavu reconvened the meeting at 8:00 P.M. 6. 7:40 P. M., Conditional Use Permit Termination: 1997 4Thite Bear Avenue. a. Mayor Greavu convened the meeting for a public hearing regarding term:..nation of the CLIP for a home occupation at 1497 White Bear Avenue, as the house has been sold. b. Manager t9cGuire presented the Staff report. c. Mayor Greavu called for proponents. None were heard. d. Pfayor Greavu called for opponents. None were heard. e. Mayor Greavu closed the public hearing. f. Mayor. Greavu introduced the following resolution amd moved its adopticn: 89-4-61 WHEREAS, Mrs. Theresa Barnhill initiated a conditional use permit to operate a bool; exchange home occupation at the following-described property: Lot 1, Block 1, Edgeviecv This property is also known as 1997 White Bear Avenue North, Maplewood; WHEREAS, the procedural history of this conditional use permit is as follows: 1. This conditional use permit was granted by the Paplewood City Council on April 7, 1980. 2. The 1`laplewood City Council renewed this permit on April 16, 1981, and on March 12, 1984. NOW, THEREFORE, BE IT RESOLVED BY TP.E MAPLEWOOD CITY COUNCIL that the above- described conditional use permit be terminated on the basis that Mrs. Barnku-li has sold her home at 1997 White Bear Avenue North and the current oc~;ner has no wish to continue this home occupation. 13 April 6, 1989 Seconded by Councilmember Juker. Ayes - a11. 7. 7:50 P.t4., Conditional use Permit: Y.ingston and Payne Avenues (Shafer Contracting). a. Mayor Greavu convened the meeting for a public hearing regarding the request _ of Shafer Contracting Company for a conditional use permit for the extraction of approx-imately 150,000 cubic yards of sand from the site at Kingston and Payne Avenue, Mount Zion Temple Cemetery. - b. Manager McGuire presented the Staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Commissioner Sletton presented the Planning Commission report. e. Bob Rudy, representing Shafer Contracting, spoke on behalf of the proposal. f. Mayor Grezvu called for. persons who wished to be heard for or against the proposal The following expressed their opinions: 24argaret Johnson, 639 Kingston Mile Turbos, 1691 Payne Avenue Milt Hoyn, 721 E. Larpenteur P,andy Arnold, 1701 Payne Avenue Cyril Ray, 723 E. Larpenteur Lynn Firestone, Chairman of the Board of Mount Zion Cemetery g. Mayor Greavu closed the public hearing. h. Counci.lmember Anderson moved to refer this item to Staff for further investigation and report back on P.pri1 24, 1989. Seconded by Councilmember Juker. Ayes - all. 8. 8:00 P.M., Conditional Use Permit, 2691 White Bear Avenue (Maplewood Covenant Church) a. Mayor Greavu convened the meeting for a public hearing regarding the request of Riverside Medical Center for a conditional use permit to operate an adolescent chemical dependency program for Maplewood adolescents in the Maplewood Covenant Church at the corner of Kohiman and White Bear Avenue. b. Manager McGuire presented the Staff report. c. Director of Community Development Olson presented the specifics of the proposal. d. Commissioner Ralph Sletton presented the Planning Commission repo::t. 14 April 6, 1989 e. Mayor Greavu called for persons who wished to be heard for or against the project. The following were heard: Jeffrey Htinsberger, representing Riverside 14edical Center Thomas Dunbar, 1895 E. County Road C f. Mayor Greavu closed the public hearing. g. Councilmember Juker introduced the following resolution and moved its adoption• 89 -4-62 WHEREAS, the Maplewood Adolescent Chemical Dependency Program initiated a conditional use permit to operate an adolescent chemical dependency program in the existing Maplewood Covenant Church at 2691 4Jhite Bear Avenue, in Maplewood, Minnesota, described as follows: Lots 1 - 5, Homeland Addition WHEREAS, the procedural history of this conditional use permit is as , fo1'oea: 1. This conditional use permit was reviewed by the Maplewood Planning Commission on March 20, 1989. The Planning Commiission recommended to the City Council that said permit be approved. 2. The Maplewood City Council held a public hearing on April 10, 1989. ?Jot ice thereof was published and mailed pursuant to laeo. Ail persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City Staff and Planning Commission. , ?dOW, THEREFORE, BE IT RESGLVED BY THE MAPLEWOOD CITY COUIICIL that the above-described conditional use permit is approved for the operation of an adolescent cherical dependency program within the Maplewood Covenant Church on the basis of the following findings-of-fact: 1. The use is in conformity erith the City's comprehensive plan and ruith 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. There urill be no changes to the existing church bui=ding. 15 April 6, 1989 4. The use would not depreciate property values. It does now . - and Drill have every appearance of operating as part of the existing church activities and, other than or. Monday evenings, will have almost no appearance of activity related to the chemical dependency program. 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. The present Maplewood Covenant Church parking lot has more than ample parking to accommodate peak parking demands. A minuscule amount of traffic Fllil be added to White Bear Avenue and only ha7.f c~;ill occur during peal: traffic hours. 7. The church is already served by a7.1 essential public services. 2. The use would not create et:ce^^>sive additional requirements at public cost at publ-ic facilities and services; and will not be detrimental to the welfare of the City. 9. The use would preserve and inccrporate the sae's natural and scenic features. There ~•~i11 be no charge in the design of the present church building. 10. The use would cause no adverse environmental effects. Approval is subject to the folloo:ing conditions: 1. That a maximum of 25 after-care and total-care adolescents be enrolled in the program at any one time. 2. That there be no era erior signage. 3. That the program operate not more than one evening per week in addition to the day hours. 4. That the hours of operation be established as 8 a.m. to 6 p.m., in addition to the one evening per week family counseling session. 5. That the extent of the use be limited to the present area and size, which includes two rooms plus evening use of the church's community room. 16 April 6, 1989 6. Installation of exit signs, emergency light:.ng, smoke detectors, and fire extinguishers, as required by the Fire Marshal. 7. This permit shall be subject to review after one year from the date of approval, based on the procedures '_n City code. 8. There will not be any loitering in parking lots, streets, sidewalks, etc. 9. The approval is for a 6-month period. Seconded by Councilmember Anderson. Ayes - all. 0. VISITOR PRESEt7TATI0idS None. H. NEW BUSINESS (Continued) 16. Code Amendment: Rural Street Design (2nd Reading) a. P9anager PicGuire presented the Staff report. b. hSayor Greavu introduced the following ordinance and moved l.ts adoption: ORDINANCE N0. 641 AT1 ORDINANCE AMEtdDMENT CONCERNII?G ST£.EE^t DESIGN THE PtAFLE4700D CITY COUtdCIL HER£•.BY ORDAIP7S AS FOLLOWS; Section 1. Section 29-52 (design Standards of Streets; Variations) is amended as follows: a. Streets sha._' be designed on the basis of future as well as present needs. Underground utilities shall be installed prior to street construction, unless exempted by the City Council. The following factors shall be considered for all street des-_gns: 1. Geometric design shall be in accordance with the procedures of the D1nDOT Road Design Manual. 2. The roadway width design shall_ take to account, but not be limited to the design speed, desired level of service, average annual daily traffic, heavy commercial average daily traffic, peak hour traffic volume, access requirements, intersection frequency and design, pa~'xing, topog•-~aphy, and available right-of-way. 17 April 6, 19 L'9 3. The structural strength design shall be performed according to MnDOT standard methods. A11 streets shall be designed to accommodate no less than nine (9)-ton a}ae loadings, unless specifically exempted by the City Council. 4. Ilo street improvements shalt. be made to less than both sides of a full block of street, except as necessary to complete the improvement of a block which has previously been partially completed. Concrete curb and gutter shall be installed at the same time as street surfacing, except as specified in Requirement Five below. 5. A permanent "relaxed urban" street design may be used with lots that are over one acre, when approved by the City Council. The design shall incorporate the folloo:_ng minimum standards: Aright-of-way e.*'idth of eighty feet v;ith a ten-foot-wide utility easement on each side, drainage ditches, and a four-foot wide gravel shoulder along each side of the street. The side slopes of the ditches shall not exceed a 4:1 grade and shall be subject to the approval of the City Engineer. The asphalt portion of the street shall be t least 24 feet aide, cozistructed to a nine-ton design. Both sides of the street shall be posted for no parking. The Cit}' Engineer shall prepare a "typ:.ca1 section° drawing to illustrate the minimum design standards. 6. Sidewalks shall be placed near schools, heavily traveled areas and other locations, when approved by the City Council. 7. Principal and minor arterial streets shall be of adequate width to accommodate projected traffic volumes, but not less than fifty-two (57_) feet in caidth, measured between faces of curbs. 8. Collector streets shall be thirty-six (3 G) to forty-four (44) feet in width, measured between faces of curbs. 9. Local residential streets shall be thirty-two (32) feet in width, measured between faces of curbs. 10. Street lighting, when installed, shall be installed in acco.dance with the most recent City street lighting policy. - b. The City Council may permit variations from requirements in subsection (a) hereof i.n specific cases which, in its opinion, do not affect the general purpose of this section. Sector. 2. This ordinance shall take effect upon its passage and publication. 18 April 6, 1989 Seconded by Councilmember Anderson. Ayes - all. 17. Menards a. Manager McGuire presented the Staff report. b. The folloo7ing persons presented their opinions regarding revising the conditions: Mrs. Miner, 1125 E. County Road B Scott Hartman, 1081 E. County Road B tors. Hartman, 1081 E. County Road B Cathy Dupre, 1081 E. County P.oad B c. Mayor Greavu moved to approve the revised conditions for hfenards: 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. D?o material on the storage rack adjacent to the fence can extend above the 14-foot fence. 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 for the maintenance of the trees. 24enards shat= provide a cash - - escrow or letter of credit for the installation of the trees before the store may open. tdo storage material can extend above the 14-foot fence. 15. All app_icab'e conditions shall be complied o;ith by 14ay 1st, 1929. 16. Tae 10-foot high fence along the west side of the storage area shad be raised to 14 feet. 17. Sanitation faciLties be provided by Plenards for the workmen. Seconded by Councilmember Bastian. Ayes - all. 18, Cab 1e T.V. Councilmember Juker moved to table the discussion of taping Council. meetings for Cab 1e T.V. until the next meeting. Seconded by t4ayor Greavu. Ayes - tlayor Greavu, Councilmembers - Anderson, Jul:er and Rossbach Nay - Councilmember Bastian. 19 April 6, 1989 COUIQCIL PRESEPITATIO,dS 1. Street Clean_ng a. Councilmember Bastian was questioning street clearing procedures and stated it had been taken care of. 2. Pull Tabs a. Councilmember Bastian questioned if it was allocaed to issue Maplewood Athletic Association a permit for Pull Tabs. Would that open it up to everyone? b. City Attorney stated the law would have to be changed to allow that practice. 3. Counci'_ Minutes a. Councilmember Anderson stated past minutes (1983) were more informative and he would like to see that again. b. 2do action taken. 4. Judges Councilmember Anderson stated he believes since judges are elected to their office, they should have to e~.plain why they decide repeatedly against cities. Legislators as well should have to be made accountable for the-r actions. 5. Clean-Up Wori: a. Councilmember Rossbach had some concern last week thzt Maplewood was not cooperating with the clean up in the parks as other communities are. b. b:anager McGuire stated he had phone calls to volunteers and it seems to have adequate coverage. 6. Assessment Interest a. Councilmember Rossbach stated he had calls from residents on Boxwood questioning the interest charged on their zssessments. Could it be told to the people at the assessment hearing that the interest will be high for the first years? 7. C.D.R.B. a. Councilmember Juker stated she feels the Council should be made award what changes the C.D.R.B, mates. 20 April 6, 1989 8. Staff Meeting a. Councilmember Juker is very disgusted about Thursday night Council Meetings. She would like to see the Council/Staff agenda meetings continued. b. 24anager requested Council to give the new system more time. c. Councilmember Juker moved to place Staff meetings on the next agenda. Seconded by Councilmember Anderson. Ayes - Council.members Anderson and Juker Nays - Mayor Greavu, Councilmembers Bastian and Rossbach. 9. Council Agenda No. discuss.on. 10. Meeting with Manager a. Mayor Greavu moved to establish Thursday, April 13, 1989, at 4:30 P.M. in Conference Room A to discuss a pay increase for the Pfanarer, Seconded by Councilmember Rossbach. Ayes - I~iayor Greavu, Councilmembers Anderson, Bastian and Rossbach. Nay - Councilmember Juker. 11. Rules of Procedure a. Manager McGuire stated this caould be on next agenda. P. ADJOURf~I24EDIT. 11:25 P. M. City Clerk 21 April 6, 1989