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HomeMy WebLinkAbout07.24.80 _ . { MINUTES OF MAPLEW00D CITY COUNCIL 7:30 P. M., Thursday, July 24, 1980 ~ .j Council Chambers, Municipal Building Meeting No. 80-18 i i A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council 'J Chambers, Municipal Building and was called to order at 7:30 P.M, by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilman Present Gary W. Bastian, Councilman Present Frances L. Juker, Councilperson Present .Earl L. Nelson, Councilman Present C. APPROVAL OF MINUTES None. D. APPROVAL OF AGENDA Mayor Greavu moved that the Agenda be approved as amended: 1. Neighborhood Meeting 2. Read two letters of resignation 3. Emergency Preparedness Van i Seconded by Councilperson Juker. Ayes - all. Councilman Anderson moved to suspend the Rules of Procedures to allow the Ma or to make his statement re arding the Emergent Preparedness Van. Seconded by Councilman Nelson. Ayes - all. .Mayor Greavu stated the Maplewood Reserves have always taken care of the patrolling at the Ramsey County Fair. We have an Emergency Preparedness Truck that has been bought and paid for by some of the citizens of Maplewood and things were put on it by the Reserves. They have spent their time, their money to equip this wagon with radio equipment and everything else. As you know, we have no more Emergency Pre- paredness Reserves. This year we were called by the Ramsey County Reserves wanting to know if they could borrow the wagon. I called the Civil Defense Director Cliff Mottaz and was told the wagon was torn down, but the Director said the decision was li mine. I told Cliff that I had to rely on his decision. He stated the radios were i torn down and to have them fixed two years ago would have cost eight to ten thousand dollars. We have two people who are employees of the City of Maplewood, but who are volunteering their time to put the radio equipment together in this wagon, therefore, I decided that I would not let the County use the wagon. None of our men were going to be on it. Two weeks ago, I met with one of the County Commissioners and told him the reason why they couldn't use it and they said fine, they already had one lined up. Apparently they had one until last night, when someone took the one they had i 1 - 1 - 7/24 I _ _ _ borrowed and drove it away, The Director of Emergency Preparedness and I have been getting calls that won't stop. First of all, Maplewood is not Ramsey County, we are one City in Ramsey County. St. Paul, North St. Paul, Roseville, Vadnais Heights are all Ramsey County. They have wagons, but somehow they want to borrow ours, why i__ 1 I will never know. Another thing that bothers me to no end is that none of this Council were asked to ride in the parade. Z could care less. Last year I rode in a car and that is all I had, nothing else, I wouldn't ride in it again. The Gity of St. Paul has all their Councilmen and everything else, but Maplewood won't ride in the parade. Last year was the first time I was invited and I went. I made a final decision, and I don't know if you, Mr. Manager, know who started this, but I want it stopped now. It is not fit to be used right now, that is the only reason I turned it down. Why doesn't the County use their own wagon? It irritates me to no end. Thank you for listening to me. E. CONSENT AGENDA None, F. PUBLIC HEARINGS 1 1, Zone Change: Cope Avenue and Kennard Street - Multi-flex Developer's 7:30 P.M. -i y 'I a. Mayor Greavu convened the meeting for a public hearing regarding the request of Multi-plex Developers, Inc. to rezone the easterly 280 feet of Block 7, Smith and Taylor's Addition to North St. Paul from R-1, B-C and LBC to R-3C. The hear- I~ ing notice was in order and published in the Maplewood Review. b. Manager Evans presented the staff report. ~ c. Chairman Les Axdahl presented the following Planning Commission recommendatic "Commissioner Kishel moved that the Planning Commission table this item for two weeks to give the City Council an opportunity to consider site locations for a civic site. Commissioner Whitcomb seconded. Ayes - all," d. Mayor Greavu called for proponents. The following were heard: -1 Mr. Wayne Herr, representing Multi-plex Developers, spoke in favor of the 1 proposal. j e. Mayor Greavu called for opponents. The following were heard: si Mr. John Kavanagh, 758 E. 4th Street Mrs. Janet Carle, 1627 E. Sandhurst Drive Mr, Mark Sigmundt, 1613 E. Lark Avenue. f. Mayor Greavu closed the public hearing. ~ g, Councilman Bastian moved to continue the hearing until the meeting of July 31, 1980 at 7:00 P,M. I Seconded by Councilman Anderson. Ayes - all. 2. Zone Change: White Bear Avenue between Frost and Larpenteur Avenue - 7:45 P. M. i i i - 2 - 7/24 I i a. Mayor Greavu convened the meeting for a public hearing regarding the rezoning of Lots 1 through 24, Block 1, Garden Acres. The proposed zoning is Commercial. j The hearing notice was in order and was published in the Maplewood Review. i ~ b. Manager Evans presented the staff report. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Whitcomb moved that the Planning Commission recommend to the City Council denial of the Commercial rezoning until such time as: 1. A decision is made on expansion of the area drainage system; 2. A decision is made on median control; 3. The Council initiate the efforts to make the decision on the above two items; 4. A specific development is proposed. Commissioner Fischer seconded. Ayes all." ' d, Mayor Greavu called for persons who wished to be heard for or against the proposal. The following were heard: Mr. Robert Hulke owns 1831 White Bear Avenue (proponent) Mr. Paul Holt, 1895 White Bear Avenue (opponent) Mr, Dan Buckholtz, Executive Vice President of Tdorth Suburban Chamber of _ of Chamber (proponent) Mr. James Carney, 1856 Flandrau Street (opponent) Mr. Bill Brenner, 1860 Flandrau Street (opponent) Mr. Tony Grutsina, 1812 Flandrau Street (opponent) Mr. Lane Martin, 1865 White Bear Avenue (opponent) Mr. Karl Kirchner, 1709 White Bear Avenue (opponent) I Mr. Jim Carlson, 1800 Flandrau Street (opponent) Mr. Arthur Poor, 1810 Flandrau Street (opponent) Mr. Len Klein, 1741 E. Larpenteur Avenue (opponent) Mr. Bob Dennison, 1748 Flandrau Street (opponent) Mr. Jim Freeburg, 1898 Flandrau Street (opponent) Mr. Harry Jonsson~ 1717 White Bear Avenue (proponent) Mr. Walter Dehoskey, 1772 Flandrau Street (opponent) Mr. Warren Johnson, 1726 Flandrau Street (opponent) Mr. Ken Carver, 1733 White Bear Avenue (proponent) Mrs. Lois Brenner, 1860 Flandrau Street (opponent) i Mr. Larry Bothwell, 1922 Flandrau Street (opponent) e. Mayor Greavu closed the public hearing. f. Councilman Anderson moved the denial of the rezoning to Commercial on White ' Bear Avenue from Frost Avenue to Larpenteur Avenue based on the following reasons ~ given by staff and the Planning Commission: 1. The storm sewer system in White Bear Avenue is inadequate for further ~ commercial development; 2. Allowing individual commercial driveways, without median control, would cause unacceptable traffic conflicts; ~ 3. The above traffic conflicts would further increase with the higher ' anticipated volume of commercial traffic. i Seconded by Councilperson Juker. Ayes - all. I - 3 - 7/24 I 3. Special Use Permit Renewal - 1829 White Bear Avenue - Hejny - 8:15 P, M, a, Mayor Greavu convened the meeting for a public hearing regarding the renewal of a Special Use Permit for Hejny Rental, 1829 White Bear Avenue. The notice of hearing was in order and published in the Maplewood Review. b. Manager Evans presented the staff report. c. Chairman Les Axdahl presented the following Planning Commission recommendation: "Commissioner Kishel moved that the Planning Commission recommend to the City Council renewal of the special use permit with expansion to include lot 12, block 1, Garden Acres, provided the following conditions are met: 1, Dedication of 10.5 feet of additional right-of-way to accommodate the future { expansion of White Bear Avenue; I 2. All vehicles and equipment shall be parked so as to maintain a 15 foot set- back from the White Bear Avenue right-of-way; 1 3: Within three months of renewal, an acceptable site plan shall have been submitted to the Community Design Review Board for lots 11 and 12 block 1, Garden Acres. The site plan shall be consistent with City site design re- quirements, commonly required by similar business (i,e „ paved driveway and parking lot, curbing, landscaping, and screening). All permanent improvements are to be completed within three years of the date of this renewal. i~ Renewal of the permit is recommended, because: 1. The use is consistent with the Land Use Plan for the area, 2, The original permit and use were effective prior to the adoption of the existing code, Commissioner Howard seconded. Ayes all." I d. Mrs, Dorothy Hejny, 1829 White Bear Avenue, spoke on behalf of the proposal. ~ e. Mayor Greavu asked for persons who wished to be heard for or against the proposal. The following were heard: ;i Mr. Mike DeCorsey, attorney representing Mr. Robert Hulke, owner of property at 1831 White Bear Avenue; j Mr. Tony Grotsina, 1812 Flandrau. I f. Mayor Greavu closed the public hearing. g. Councilman Nelson introduced the following resolution and moved its adoption: 80- 7 -161 WHEREAS, the Council of the City of Maplewood, acting on its own initiative as provided under Section 911.101 of the Municipal Code of the City of Maplewood,;.,;;;:: for the property described as follows: i { Lot 11 and 12, Block 1, Garden Acres which has been proposed for Special Use Permit. ~ - 4 - 7/24 'i WHEREAS, a public hearing was held on July 24, 1980 at 8:15 P. M. in the City Hall, notice thereof having been duly published in the official City newspaper, ~ and notices of said hearing having been mailed to all property owners of record within 300 feet of the area proposed for renewal of Special Use Permit; and WHEREAS, the City Planning Commission has made its recommendations; and WHEREAS, it appears for the best interest of-the public that said Special Use Permit be granted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, ~ that the petition for the above described Special Use Permit for renewal for J j operation of a rental equipment business in a neighborhood zoned for residential use be granted, subject to all conditions as follows: ~ Renewal of the Hejny Rental special use permit for three years, with expansion to include lot 12, block 1, Garden Acres, provided the following conditions are met: i 1. Dedication of 10.5 feet of additional right-of-way to accommodate the future expansion of'White Bear Avenue; 2. All vehicles and equipment shall be parked so as to maintain a 15 foot _ setback from the White Bear Avenue right-of-way; 3. Within three months of renewal, an acceptable site plan shall have been submitted to the Community Design Review Board for ,lots 11 and 12, block ~ 1, Garden Acres. The site plan shall be consistent with City site design requirements, commonly required by similar business (i.e., a paved drive- way and parking lot, curbing, landscaping, and screening). All permanent improvements are to be completed within three years of the date of this renewal. Renewal of the permit is recommended, because: 1. The use is consistent with the Land Use Plan for the area. 2. The original permit and use were effective prior to the adoption of the existing code. Seconded by Councilman Bastian. Ayes - all. G. AWARD OF BIDS 1. Street Resurfacing Program a. Manager Evans presented the staff report. b. Councilman Nelson introduced the following resolution and moved its adoption: II 80-7-162 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Hardrives, Inc., Minneapolis, Minnesota, in the amount of $51,600 is the lowest responsible bid for the construction of Bituminous Resurfacing (Improve- went Project 80-11), 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. I Seconded by Councilperson Juker. Ayes - all. i I l - 5 - 7/24 I H. UNFINISHED BUSINESS 1. Alarm Ordinance Revision a. Manager Evans stated the proposed ordinance was approved for 1st reading and is recommended for final adoption. b. Councilperson Juker introduced the following ordinance and moved its adoption: ORDINANCE N0. 491 i AN ORDINANCE AMENDING CHAPTER 1216 OF THE MUNICIPAL CODE THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: ~ Section 1. Chapter 1216 is amended by replacing Sections 1216.020 subsection b; Subsection d-2 and amend Section 1216.060 to read as stated: ~ ~ 1216.020. Requirements and Duties .j (b) False Alarm Reports Required. A report shall be filed with the Director of Public Safety within ten (10) working days after alarm for each and every alarm transmitted to the Maplewood Police Department and if requested by the Director of Public Safety, such report shall contain all information specified by the Director of Public Safety. - 1216.040. Application and Issuance. it Subsection d-2 ,i (d)-2. Alarm Systems, Proprietor Alarm, Audible Alarms, Licenses shall be issued to the person owning, using or possessing the alarm system, proprietor alarm or audible alarm. Alarm businesses shall assist in the processing of applications for their subscribers. The subscribers shall forward the completed application and the license £ee to the City Clerk. When a proprietor alarm or audible alarm is in oper- ation and not serviced by an alarm business, the application for the license and payment of the license fee shall also be made directly to the City Clerk. 1216.060. subsection d shall become 1216.060 subsection c as follows: 1 1216.060. Fees. (a) Alarm Business Licenses. An annual license fee of Fifty and No/100ths ($50.00) Dollars shall be due and payable on March 15, 1980, and on January 1st of each subsequent year for each alarm business engaging business within the City of Maplewood. Such license fee shall not be prorated. (b) Alarm System, Proprietor Alarm, and Audible Alarm Licenses. An annual fee 1 in the amount of Twenty-five and No/100th ($25.00). Dollars shall be due and payable on March 15, 1980, and on January 1st of each subsequent year by each person possess- ing, owning or using an operative alarm system, proprietor alarm or audible alarm within the City. Owners of self-installed alarms for the protection of their own i single family dwelling are exempted. License fees will be prorated on a monthly basis for any device installed subsequent to the effective date of this Chapter. ~ `I - 6 - 7/24 (c) Fee Exemptions. The United States Government, the State of Minnesota, County of Ramsey, City of Maplewood or any departments thereof, are exempt from the fee re- j quirements of Paragraph (b) of this Section. (d) Responses to False Alarms. (1) No fee shall be charged for a response to an alarm system at which no false alarm has occured within the preceding six months' period, but the person having or maintaining the alarm system shall make a written report thereof to the Director of Public Safety as provided in Section 1216.020 (b) of this Chapter. (2) No fee shall be charged for a second false alarm response to an alarm system within six months after the first response, but in addition to the requirement of a written report thereof as provided in Section 1216.020 (b), the Director of Public Safety shall be authorized to inspect or cause to be inspected the alarm system, prescribe necessary corrective action, and shall give notice to the person having or j maintaining such alarm system of the conditions and requirements of this Chapter. (3) For a third false alarm response to an alarm system within six months after such a second response, and for all succeeding responses within six months of - the last response, a fee of Twenty-five and No/100th ($25.00) Dollars may be charged, and if such third false alarm or any such succeeding false alarm is the result of the failure to take necessary corrective action prescribed by the Director of Public Safety, the provisions of Section 1216.070 shall be applicable. (4) The Director of Public Safety may excuse "false alarms" when there is evidence that they are the result of an effort to order to upgrade, install or maintain an alarm system or if one or more false alarms result from the same malfunction within a seven day period of time. Section 2. This ordinance shall take effect and be in force from and after its passage and publication. Seconded by Councilman Nelson. Ayes - all. I. VISITOR PRESENTATIONS i None. S. NEW BUSINESS 1. Hearing Date: Final Plan, English Street Improvement a. Manager Evans presented the final plans for the English Street Improvements 79-4. The requirements of State Statute 429.041 that all or part of the work be let no later than one year after the adoption of the resolution ordering the improvement has not been met. To proceed with the project a new hearing must be j scheduled. Scheduling of a project hearing for August 21, 1980, approval of final plans, and authorization to advertise for bids is recommended. j b. Mayor Greavu introduced the following resolution and moved its adoption: 80-7-163 WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare preliminary plans for the improvement of English Street I from County Road "C" to approximately 800 feet South between Duluth Street and ~ - 7 - 7/24 j ~ _ I approximately 1300 feet East by construction of sanitary sewer, watermain, storm sewer, streets and appurtenant work; and ~ WHEREAS, the said City Engineer has prepared the aforesaid preliminary plans for the improvement herein described: 1. The report of the City Engineer advising this Council that the proposed improvement of English Street from County Road "C" to approximately 800 feet South between Duluth Street and approximately 1300 feet East by construction of sanitary sever, watermain, storm sewer, streets and appurten- ant work 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 M.S.A. Chapter 429, at an estimated total cost of the improvement of $200,000.00. I ~ 3. A public hearing will be held in the Council Chambers of the City Hall at 1380 Frost Avenue on Thursday the 21st day of August, 1980 at 8:15 P.M. to consider said improvement. The notice for said public hearing shall be in substantially the following form: NOTICE OF HEARING OF IMPROVEMENT TO WHOM IT MAY CONCERN: 1 WHEREAS, the City Council of the City of Maplewood, Ramsey County, Minnesota, deems it necessary and expedient that the improvement hereinafter described be made; NOW, THEREFORE, notice is hereby given that the City Council will hold a public hearing on said improvement at the following time and place within the said City: Date and Time: August 21, 1980 at 8:15 P.M. Location: Council Chambers of the City Hall, 1380 Frost Avenue The general nature of the improvement is the construction of sanitary JI a urtenant work in the - sewer, watermain, storm sewer, streets and pp following described area: ll FROM COUNTY ROAD "C" TO APPROXIMATELY 800 FEET SOUTH BETWEEN DULUTH STREET AND APPROXIMATELY 1300 FEET EAST. The total extimated cost of said improvement is $200,000.00. It is proposed to assess every lot, piece or parcel of land benefited by said improvement whether abutting thereon or not, based upon benefits received without regard to cash valuation. Persons desiring to be heard with reference to the proposed improvement ~ should be present at this hearing. i ~ This Council proposes to proceed under the authority granted by Chapter 429 M.S.A. Dated this 24th day of July, 1980. - 8 - 7/24 1 BY ORDER OF THE CITY COUNCIL i /s/ Lucille E. Aurelius City Clerk ;I Seconded by Councilman Anderson. Ayes - all. c. Mayor Greavu introduced the following resolution and moved its adoption: 80-7-164 WHEREAS, pursuant to resolution passed by the City Council on July 19, 1979, plans and specifications for English Street Improvements, Maplewood Project 79-4, have been prepared by or under the direction of the City Engineer and he has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: ~ 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official paper (and in the Construction Bulletin) an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published two times, at least 21 days before date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered, by the Council at-the time and date selected by the City Engineer, at the City Hall and that no bids shall be considered unless sealed and filed with the Clerk and accompanied by a cer- tified check or bid bond, payable to the City of Maplewood, Minnesota, for 5% of the amount of such bid. 3.The City Clerk and City Engineer are hereby authorized and instructed to receive, open and read aloud bids and to tablulate the bids received. ADVERTISEMENT FOR BIDS The City of Maplewood, Minnesota will receive sealed bids for the follow- ing project: 79-4 English Street, south of County Road "C". This project will include the following approximate quantities: Sanitary Sewer, 1700 L.F.; Water- main, 700 L.F.; Storm Sewer, 100 L.F.; Street, Curb and Gutter, 700 L.F. Bids will be received until 10:00 a.m. on the 21 dat of August, 1980 at the Municipal Building, 1380 Frost Avenue, Maplewood, Minnesota, at which time and !I place all bids will be publicly opened. No bids will be considered unless sealed and filed with the City Clerk and I'i accompanied by a cashier's check or bid bond payable to the Clerk of the City of Maplewood in the amount of five percent (5%) of the bid. 1 i Proposal forms, including specifications, are filed in the office of the City Engineer, located at 1902 East County Road "B", Maplewood, Minnesota, 55109. Copies of the documents may be obtained by depositing $25.00. I /s/ Lucille Aurelius City C er - 9 - 7/24 _ _ _ _ _ _ _ _ _ Seconded by Councilman Anderson. Ayes - all. 2. Right of Way Acquisition: Hillwood Drive - Dorland Road a. Manager Evans presented the staff report with the recommendation that Counci;":' authorize staff to proceed with property acquisition with the understanding that City Staff will negotiate for property dedications and options to purchase. No payment for property or expenditures for legal. or appraisal fees will be made unless the cost is guaranteed by the developer or the project contingencies have been met. b. Councilman Anderson introduced the following resolution and moved its adoption: 80-7-165 WHEREAS, the developer (Castle Design and Development Company, and Dawn j Development) of Public Improvement Project No. 78-10 has not provided the necessary financial guarantees to proceed with said project, and the Council desires to proceed with the acquisition of property; ~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINiQESOTA, ~ as follows: 1. The City Engineer is hereby directed to proceed with property acquisition f for Public Improvement Project No. 78-10 with the understanding that the City 'I. Engineer will negotiate for property dedications and options to purchase. 2. No payment for property or expenditures for legal or appraisal fees will be made by the City unless the cost is guaranteed by the said developer or the project contingencies have been met. Seconded by Councilperson Juker. Ayes - all. J 3. Kohlman Lake Master Plan I a. Manager Evans presented the staff report. b. Councilman Anderson moved to authorize the hiring of Erkkila and Associates ~ for the master planning of the Kohlman Lake Neighborhood Park. 1 r Seconded by Councilman Nelson. Ayes - Councilmen Anderson, Bastian, and Nelson. Nays - Mayor Greavu, Councilperson Juker. 'i K. COUNCIL PRESENTATIONS 'I 1. Neighborhood Meeting a. Councilperson Juker stated she was suggesting neighborhood meetings because of requests from the residents in the area of Maple Greens Second Addition to meet with the Council and find out what is happening. b. Cit Attorne Kell su y y y ggested the area residents attend a Council meeting to discuss this matter. It should be placed on the agenda if it is to be discussed. ' 1 c. No action taken. - 10 - 7/24 i 2. Letters of Resignation -Cliff and Marcie Mottaz it ~ a. Mayor Greavu read letters of resignation from Director of Emergency Pre- ~ paredness Clifford Mottaz and from the Emergency Preparedness Secretary Marcella i Mottaz. Mr. Mottaz will stay on as a volunteer Director as requested by Mayor Greavu, until such time as a new director is appointed to succeed him. b. Mayor Greavu moved that letters of appreciation be forwarded to Cliff and Marcie Mottaz thanking them for their many dedicated years of service and wish them both well in their retirement. Seconded by Councilman Anderson. Ayes -all. L. ADMINISTRATIVE PRESENTATIONS 1 None. i M. ADJOURNMENT i P.M. .r c-- L~~tz~c~,~_r 'i ~ C'ty Clerk i i I ,I 'I i I i 'I ;i - 11 - 7/24