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HomeMy WebLinkAbout07.06.89 and 07.10.89 MINUTES OF MAPLEWOOD CITY COUNCIL 4:30 P.M., Thursday, July 6, 1989 and 6:30 P.M., Monday, July 10, 1989 Council Chambers, Municipal Building Meeting No. 89-16 ~ A. CALL TO ORDER A regular meeting of the City Council of hfaplewood, Minnesota, was held in the Council Chambers, Municipal Building, and was called to order at 4:35 P.I4. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present C. APPROVAL OF MINUTES None. D. APPROVAL OE AGENDA ''Councilmember Anderson stated his objections to the concept of this Agenda. Councilmember Bastian recommended that Items G-1 and G-4, 5, 6, 7 be rescheduled for Monday, July 10. Manager McGuire explained the By-Laws pertaining to this recommendation. Councilmember Anderson moved that the Agenda Items as recommended by Councilmember Bastian be deleted from this Agenda. Councilmember Anderson withdrew his motion. Mayor Greavu moved to approve the Agenda as amended: 1. Magic Shoes 2. Recycling Contest 3. Commissions 4. B.B.Y. (Closed Session) 5. 694 Ramp 6. Minutes Seconded by Councilmember Bastian. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Rossbach Councilmember Juker Abstained. E CONSENT AGENDA Mayor Greavu moved, seconded by Councilmember Rossbach, Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Rossbach, Councilmember Juker abstained to approve the Consent Agenda, Items E-1 throu h E-5 as recommended: 1. Approval of Claims Approved the following: ACCOUNTS PAYABLE; $ 667,985.81 Checks 114456 - 114530 Dated 06-15-89 thru -06-30-89 $ 195,079.60 Checks 111354 - 111486 ' Dated 07-06-89 i $ 863,065.41 Total per attached voucher/check register PAYROLL; $ 173,600.39 Payroll Checks $ 33,825.66 Payroll Deductions $ 207,426.05 Total Payroll $1,070,491.46 GRAPID TOTAL 2, Ambulance Bill - Application for Cancellation Approved the cancellation of $40.00 for an ambulance bill for Richard Claeson. 3. Change of Manager - Red Lobster Approved the change of Managers for the intoxicating liquor license located at the Red Lobster, 2925 White Bear Avenue. The new Manager is Rodney W. Palmer. 4. Conditional Use Permit Renewal - Crestview Forest PUD Approved a five-year renewal of the conditional use permit for the Crestview Forest pud, subject to the original conditions of approval. 5. Final Plat - Hazelwood Heights Approved the final plat for Hazelwood Heights. F. AWARD OF BIDS 1. Front End Loader 2 7-6-89 a. City Manager, Michael McGuire, presented the Staff report. b. Public Works Director, Ken Haider, explained the specifics of the proposal. c. Mayor Greavu introduced the following resolution and moved its adoption: 89 - 7 - 106 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Ziegler, Inc., in the amount of $63,559 is the lowest responsible bid for i one front-end loader, and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Rossbach. Councilmember Juker abstained. 2. Front-Mounted Rotary Mowers a. Manager McGuire presented the Staff report. b. Public Works Director, Ken Haider, explained the specifics of the proposal. c. Councilmember Bastian introduced the following resolution and moved its adoption• 89 - 7 - 91fly BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MI2;PIESOTA, that the bid of Minnesota Toro, Inc., in the amount of $24,621 is the lowest responsible bid for the furnishing of two front-mounted rotary mowers, and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmember Anderson, Bastian and Rossbach. Councilmember Juker abstained. G. UNFINISHED BUSINESS 1. 1990 - 1994 CIP (4 Votes) a. Manager McGuire presented the Staff report. b. Finance Director, Dan Faust, stated the specifies of the proposal. c. Captain Robert Nelson of the Police Department explained the capital improvements as stated for the Public Safety Department. 3 7-6-89 d. Kenneth Haider, Public Works Director, explained the proposed public improvements scheduled in the CIP. e. Robert Odegard, Director of Parks and Recreation, spoke regarding that Department's needs as outlined in the CIP. f. Mayor Greavu moved to table the acceptance of the CIP. g. Mayor Greavu retracted his motion. h. Councilmember Rossbach moved to accept the CIP as presented. Seconded by Councilmember Bastian. Ayes - all. 2. Geranium-Ferndale Assessment Appeals - Project 87-20 ai Manager McGuire stated that the appeals received at the assessment hearing requested cancellation of the $500 per unit assessment. In general, the requests for cancellation of assessment are based upon the assertion that the property did not benefit, personal finances, and/or the propriet}> of the events that initially necessitated the project. b. Public Works Director Haider explained the specifics of the proposal. c. Councilmember Anderson moved denial of the assessment appeals and the parcels should be fully assessed at the unit rate of $500. Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers Anderson, Juker-and Rossbach. Nay - Councilmember Bastian. 3. Revocation of Permit: Hause a. Councilmember Bastian reported that after contacting the neighbors regarding the motorized recreational vehicle permit, the main concerns are the noise and dust problems. He recommended that the permit be reinstated for the months of July and August with a review of the permit after that time. b. David Edifold, 312 Forest Street, St. Paul, Minnesota, spoke regarding the use of the water tank truck to water the track. c. Councilmember Bastian moved to expunge the record regarding the revocation decision made by the executive branch for the purpose of granting the permit. Seconded by Councilmember Anderson. Ayes - a11. 4. Variance Versus Variation a. Manager McGuire presented the Staff report. b. Director of Community Development Geoff Olson explained the advantages and disadvantages of each. 4 7-6-89 c. Mayor Greavu moved to table this item to Monday, July 10, 1989, to become Item N-2. Seconded by Councilmember Anderson. Ayes - all. 5. Off-Street Parking Ordinance - Code Amendment - (2nd Reading - 4 Votes) a. Pianager McGuire presented the Staff report. b. Community Development Director Olson explained the specifics of the ordinance. c. Councilmember Bastian introduced the following ordinance and moved its adoption• ORDINANCE No. 647 AN ORDINANCE APfEb1DING THE CITY'S PARKING DESIGN REQUIREMENTS The Maplewood City Council hereby ordains as follows: Section 1. Section 36-22 (b) is amended to read as follows: (b) The following minimum parking-module dimensions shall be required: 90 degree parking (in feet) - Refer to diagram below S D A Use Stall Width Stall Length Aisle Width Customer, high turnover 10 18 24 Customer, low turnover 9.5 18 24 Employee only 9.0 18 24 60 degree parking (in feet) - Refer to diagram below S D A Use Stall Width Stall Length Aisle Width Customer, high turnover 10 15.6 22 Customer, low turnover 9.5 15.6 22 Employee only 9.0 15.6 22 45 degree parking (in feet) - Refer to diagram below 5 7-6-89 5 D A Use Stall Width Stall Length Aisle Width Customer, high turnover 10 12.6 22.6 Customer, low turnover 9.5 12.6 22.6 Employee only 9.0 12.6 22.6 ! o~'-'' s . l~ f i .o 90° Parking 60' antl 45' Parking Parking stall lengths may be reduced by 2.5 feet for 90 degree parking and two feet for angle parking where the parking space abuts a curb, sidewalk or landscaped area. All overhang (o) areas shall be a hard surface or crushed rock. "Customer, high turnover" uses shall include shopping centers, retail sales, fast food restaurants, convenience centers and similar uses. "Customer, low turnover" uses shall include offices, industrial schools, churches, research, multiple-dwellings, motels, sit-docan restaurants and similar uses. Any questions on defining these uses shall be referred to the Community Design Review Board for a decision. Employee parking with reduced stall widths must be signed for employee parking only. (c) All parking lots shall have continuous concrete curbing surrounding the exterior perimeter of the lot and drives. Park parking lots, that are not used in the winter, and parking lots having twelve (12) spaces or less are exempt from this requirement, unless required by the City Engineer for drainage control. (d) All parking lots shall be continually and property maintained. (e) All parking lots and associated driveways shall have a hard surface of bituminous or concrete. All parking spaces shall be marked with afour-inch-wide "hairpin" striping pattern. 6 7-6-89 (f), The City may require a ten-foot-wide planter or median strip every three or four parking bays to prevent high-speed movement diagonally across the parking lot and to improve esthetics. (Refer to diagram below.) ~t f~ I I I I I I I I I I ~1 I I Ifs sw• @Ililllitlll_ • (g) In shopping centers and other large developments, exterior parking closest to the building shall be oriented with the parking drives perpendicular to the building face whenever practicable. (h) Parking stalls shall not be allowed in front of a building entrance, if there is no sidewalk in front of the building entrance. (i) Interlocking o: "herringbone" designs shall not be allowed in public parking lots. (Refer to the following diagram.) Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian, and Rossbach Nay - Councilmember Juker. 7 7-6-89 6. Goff Homes a. Plan Amendment (4 Votes) b. Rezoning (4 Votes) 1. Councilmember Bastian moved to table this item until a representative from Goff Homes was present. Seconded by Councilmember Juker. Ayes - all. 7. Conditional Use Permit: County Road D (coins) a. Councilmember Juker moved to table this item until Monday, July 10, 1989 to become Item N-3. Seconded by P4ayor Greavu. b Mayor Greavu withdrew his second. Motion died for lack of a second. c. Community Development Director Olson explained the specifics of the proposal. d. Mayor Greavu moved to table this item indefinitely. Seconded by Councilmember Anderson. Ayes - all. e. Councilmember Anderson moved to instruct Staff to investigate the building of a ramp. Seconded by Councilmember Juker. Ayes - all. 8. Planning Commission Survey Councilmember Bastian moved to table this item indefinitely. Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Rossbach Nay - Councilmember Juker H. NEW BUSIYdESS 1. Bituminous Overlay'- Project 89-14 a. Manager McGuire presented the Staff report. b. Public Works Director Haider explained the specifics of the proposal. c. Mayor Greavu moved to approve the bituminous overlay Project 89-14 as proposed. 8 7-6-89 Seconded by Councilmember Bastian. Ayes - all. 2. Beam Avenue Signals - Project 89-15 a. Manager McGuire presented the Staff report. b. Public Works Director Haider explained the specifics of the proposal. c. Mayor Greavu moved authorization to execute the agreements with Ramsey County for traffic control signals along Beam Avenue and authorized the establish_in_g o_f a budget of $200,000 for the Tax Increment Fund. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian, and Rossbach Councilmember Juker abstained. 3. Manager Salary Adjustment a. Mayor Greavu moved approval of the salary and benefit package for the City Manager. Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers Bastian and Rossbach Nays - Councilmembers Anderson and Juker. 4. Plastic Ordinance a. City Attorney Patrick Ke11y explained the specifics of the proposal. b. Councilmember Bastian moved to table this item until Monday, July 10, 1989. Seconded by Mayor Greavu. Ayes - a11. 5. Preliminary Plat Revision - C. Little Addition a. Mayor Greavu moved to table action this item until Monday, July 10, 1989. Seconded by Councilmember Bastian. Ayes - a11. 6. Cottages of Maplewood - Financing Changes a. Mayor Greavu moved to table this item until Monday, July 10, 1989. Seconded by Councilmember Bastian. Ayes - all. I. COUDICIL PRESENTATIONS 1. Magic Shoes 9 7-G-89 a. Councilmember Bastian stated there have been a number of complaints about the hac,~king and megaphones used at Magic Shoes. He stated an outside microphone is being .used. b. Captain Robert Nelson stated the Public Safety Department's vie~as. c. Staff will investigate. 2. Recycling Contest a. Councilmember Bastian voiced his dissatisfaction against only newspapers being considered for the recycling challenge. b. Councilmember Bastian moved that we, as the Maplewood City Council say "No". We stand up and save our Xerox paper and show them up when they show up. Seconded by Councilmember Anderson. Ayes - all. 3. Commissions Councilmember Anderson would like to meet with the Commissions to resolve the problems of the map. He would like to receive an update on the redraft. 4. B.B.Y. (closed session) 5. 694 Ramp Discussed previously. 6. Minutes a. Councilmember Anderson questioned the coverage of the "Maplewood Review" of various happenings in Maplewood. An irate citizen complained that neither the minutes or agenda are now being published. Pdo action taken. Councilmember Bastian moved to adjourn into closed executive session to discuss B.B.Y. Seconded by Councilmember Rossbach. Ayes - all. Meeting adjourned at 7:50 P.M. City Clerk i 10 7-6-89 MINUTES OF MAPLEWOOD CIT4 COUNCIL 7:00 P.B1., Monday, July 10, 1989. Council Chambers, Iunicipal Building Meeting No. 89 - 16 L. RECONVENE Mayor Greavu reconvened the July 6 and July 10, 1989 Meeting at 7:02 P.I4. in the Council Chambers, Municipal Building. M. 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 Councilmember Bastian moved to waive the Rules of Procedure and add Agenda Item 2, Council Presentation. Seconded by Councilmember Juker. Ayes - al i. Mayor Greavu moved to amend the Agenda: 2. Council Presentations 1. Dirt Piles 2. M.A.A. 3. R.T.B. 4. Legal Advice (Closed Session) 5. Anderson 6. Lakewood and Case Seconded by Councilmember Bastian. Ayes - a11. H. NEW BUSINESS (Continued) 6. Cottages of Maplewood a. Manager McGuire presented the Staff report. b. Councilmember Anderson introduced the following resolution and moved its adoption• 89 - 7 _ 108 RESOLUTION AMENDING CERTAIN TERMS OF TY.E MULTIFAPfILY ROUSING REVEP;UE REFUIIDING BONDS, SERIES 1989 (COTTAGES OF MAPLEWOOD PROJECT 1 7-10-89 FHA INSURED MORTGAGE LOAN) At1D CERTAIN DOCUMENTS RELATING THERETO BE IT RESOLVED by the Council of the City of Maplewood, Minnesota, as follows: 1. On May 18, 1989, this Council adopted a resolution approving the issuance of $2,229,800 Multifamily Housing Revenue Bonds, Series 1989 (Cottages of Maplewood Project - FHA Insured Mortgage Loan) (the "Bonds"). 2. Juran & Moody, Inc. (the "Bond Purchaser") has advised the City that the .final commitment for mortgage insurance by the .Federal Housing Administration for the Bond is in the principal amount of $2,184,100. Therefore, certain terms of the bonds and the related documents must be amended. 3. The City hereby approves the following revisions: (i) the principal amount of the Bonds shall be revised from $2,229,800 to $2,184,100, (ii) the maturity date of the Bonds .shall be revised to July i, 2021, (iii) the mandatory sinking fund schedule set forth in Section 3-1(2)(A) of the Indenture of Trust between the City and American National Bank of Saint Paul shall be revised as follows: and (iv) the nominal date of documents set forth in paragraph 7 (a) through (f) of the City's resolution adopted on May 18, 1989, shall be revised to July 1, 1989. 4. Except as herein modified, all other terms and provisions of the bonds and the related documents as previously approved shall remain in full force and effect. Seconded by Mayor Greavu. Ayes - all. N.A. PRESEPdTATIOPI 1. Decision Resources a. Manager McGuire presented the Staff report. b. William D. hforris, Decision Resources, presented his proposal. c. Director of Parks and Recreation Odegard presented the Park and Recreation Commission recommendation. d. Councilmember Rossbach moved that the firm of Decision Resources Ltd., be engaged to do the community survey at a minimum cost of $5,400 with additional costs to be approved by the City Manager, but not to exceed $10,000 and approved a transfer of the monies from the Contingency Fund to the appropriate account. Seconded by Councilmember Anderson. Ayes - a11. N. PUBLIC HEARINGS 1. 7:00 P.M., Code Amendment - Conditional Use Permits a. Mayor Greavu convened the meeting for a public hearing regarding a proposed 2 7-10-89 code amendment pertaining to conditional use permits being revised. b. Director of Community Development Olson presented the proposed amendments to the Code in detail. He further stated the changes are designed to strengthen and clarify the existing ordinance. c. Mayor Greavu called for proponents.- None were heard. ~ d. Mayor Greavu called for opponents. None were heard. e. Mayor Greavu closed the public hearing. f. Councilmember Bastian moved first reading of a code amendment to the Municipal Code revising conditional use permits designed to strengthen and clarify the existing ordinance. Seconded by Councilmember. Anderson. Ayes - all. G. UNFINISHED BUSINESS (Continued from July 6, 1989) 4. Variance Versus Variation a. Manager McGuire presented the Staff report. b. Council directed staff to further clarify Variance versus variations at the July 20, 1989 Meeting. ~I 0. VISITOR PRESEP.TPATIO2dS 1. Joseph Zappa a. Mr. Zappa stated there has to be better communications between the Council and Citizens. b. Council stated they are working on this problem and that this problem has had extensive investigation on how it can be improved. Providing cable will improve communications. G. UNFINISHED BUSINESS (Continued) 6. Goff Homes a. Plan Amendment b. Rezoning (4 Votes) 1. Manager McGuire stated this item was tabled 'from the July 6, 1989 Meeting. 2. Community Development Olson presented the Staff report. 3. Mr. Pat Goff, the developer, spoke on behalf of the proposal. 3 7-10-89 _ 4. hir. Gerald Duffy, Attorney for Mr. Goff, also spoke on behalf of his client's proposal. 5. Mayor Greavu introduced the following resolution and moved its adoption: 89-7- 109 WHEREAS, Goff Homes, Inc., initiated an amendment to the Maplewood Comprehensive Plan from SC, service commercial to RM, residential medium density for the following-described property: Lot i, Block 2, Goff's Maplewood 2nd Addition WHEREAS, the procedural history of this plan amendment is as follovrs: ' 1. The Maplewood Planning Commission held a public hearing on June 19, 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 Gity Council considered said plan amendment on June 19, 1989. The Counci_1 considered reports and recommendations from the Planning Cocwiission and City Staff. IdOW, THEREFORE, BE IT RESOLVED BY THE h1APLEW00D CITY COUNCIL that the above-described plan amendment be approved on the basis of the following findings of fact: 1. The parcel appears to be well suited for medium density residential development serving as a transition area between land uses. 2. The site is located adjacent to a minor arterial street. 3. The project will have no adverse effect on surrounding properties. Seconded by Councilmember Anderson. Ayes - ail. 6. Mayor Greavu introduced the following resolution and moved its adoption: 89 - 7 - 110 WHEREAS, Goff Homes, Inc., initiated a rezoning from R-1, single to R-3, multiple-dwelling residential for the following-described property: Lot 1, Block 2, Goff's Mapleview 2nd Addition WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by Goff Homes, Inc., pursuant to Chapter 4 7-10-89 36, Article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commission on June 19, 1984. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The taplewood City Council held a public hearing on July 10, 1989, to consider this rezoning. Notice thereof was published and mailed pursuant to lacy. 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 and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above-described rezoning be approved on the basis of the following findings of fact: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, whex-e applicable and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Seconded by Councilmember Bastian. Ayes - a11. H. NEW BUSINESS (Continued) 4. Plastic Ordinance a. Manager McGuire Presented the Staff report b. City Attorney Kelly reported on the progress of "plastic ordinances" in other areas. c. Councilmember Anderson moved first reading of an ordinance regulating plastic packaging. Seconded by Councilmember Bastian. Ayes - all. 5. Preliminary Plat Revision - C. Little Addition a. Manager McGuire presented the Staff report. 5 7-10-89 b. Mr. Al Kretman, the developer, requested Greenbrier Court be renamed Kenwood Court. c. Councilmember Juker moved to rename the street Y.enwood Court. Seconded by Councilmember Anderson. Ayes - all. Councilmember Bastian moved to suspend the Rules of Procedures and add the following tcoo items to the Agenda: 1. City Hall 2. Trees Seconded by Councilmember Anderson. Ayes - all. I. COUNCIL PRESENTATIONS 1. Dirt Piies a. Councilmember Bastian questioned when the dirt pile at the northcrest corner of County Road B and Van Dyl:e will. be removed. b. Staff stated P.C.A. approval is necessary before the dirt can be moved due to the fact there is gas, etc., in the dirt. c. Councilmember Rossbach commented on the dirt s`_te near his home. He was told when Southlawn Construction was finished the dirt would be moved. d. Councilmember Rossbach directed Staff to locate ali sites where dirt is being stockpiled to see if it can be moved and if unable to remove the dirt, screening, etc., should be required. Seconded by Councilmember Juker. Ayes - a11. 2. M.A.A. a. Councilmember Bastian stated he had a request for M.A.A. for pull tabs. b. Staff stated an ordinance is being drafter regarding gambling. 3. R.T.V. a. Councilmember Anderson moved that Maplewood support the appcintment of Betty McCall am, Councilmember for ldorth St. Paul to the R.T.V. Commission. Seconded by Councilmember Rossbach. Ayes - s1i. 4. Anderson 6 7-10-59 a. Councilmember Anderson announced he will be a candidate for Mayor. 5. Lakewood and Case a. Councilmember Juker stated she had received a call from a woman who is in charge of an "estate House" and who feels the construction of McKnight Road is ruining the lot and is being filled in too fax•. b. Staff answered the Council concerns. 6. Telephone Problems a. Councilmember Juker stated since the McKnight Road Construction started, telephone service to the residents has been interrupted. b. Staff will investigate. 7. City Hall a. Councilmember Bastian questioned if any Councilmember has concerns about the plans for the expansion of City Hail now is the time to discuss it. He questioned the need for the following: Audio - $40,000 Maple Leaf - $5,000 Council Chambers Expansion - $38,000 Drawers - $1,000 b. Staff stated the final plans will be presented at the July 20, 1989 Aleeting. 8. Trees a. Councilmember Anderson suggested that everyone read the article regarding the importance of preserving trees that is in the League Magazine. J. ADI4INISTRATIVE PRESE1dTATIOPIS 1. R-3 District a. Director of community Development Olson presented the R-3 District Ordinance. b. Council requested Staff to schedule a meeting with the Planning Commission, Community Design Review Board and Council regarding R-3 District Ordinance. Council adjourned at 10:39 P.M., to go into closed session to meet with the Attorney regarding pending litigation P. ADJOURffiQEP1T OE THE JULY 10, 1989 MEETING 7 7-10-89 10:38 P.M. City Clerk 8 7-10-89