Loading...
HomeMy WebLinkAbout02-10-1997 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, February 10, 1997 Council Chambers, Municipal Building Meeting No. 97-03 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 7:00 P.M. by Mayor Bastian. B. PLEDGE OF ALLEGIANCE C. ROLL CALL: Gary W. Bastian, Mayor Present Sherry Allenspach, Councilmember Present Dale H. Carlson, Councilmember Present Marvin C. Koppen, Councilmember Present George F. Rossbach, Councilmember Present D. APPROVAL OF MINUTES: 1. Minutes of Meeting 97-02, (January 27, 1997) Councilmember Carlson moved to approve the minutes of Meeting No. 97-02 (January 27, 1997) as presented. Seconded by Councilmember Koppen Ayes -all E. APPROVAL OF AGENDA: Mayor Bastian moved to approve the Agenda as amended: Ll Inside/Insight L2 Mayor's Update Seconded by Councilmember Carlson Ayes -all EA. APPOINTMENTS/PRESENTATIONS NONE F. CONSENT AGENDA: Councilmember Carlson moved, seconded by Councilmember Koppen; aver -all, to approve the Consent Agenda, Items F-1 thru F-13, as recommended. 1. Approval of Claims Approved the following claims: 1 2-10-97 ACCOUNTS PAYABLE: $ 47,907.64 Checks #6947-#6955 Dated 1-16-97 thru 1-21-97 $ 284,245.30 Checks #29962-#30016 Dated 1-28-97 $ 77,393.01 Checks #6956-#6971 Dated 1-24-97 thru 1-30-97 $ 64,233003 Checks #30021-#30136 Dated 2-4-97 $ 473,778.98 Total Accounts Payable PAYROLL: $ 287,571.86 Payroll Checks and Direct Deposits Dated 1-24-97 $ 47,010.29 Payroll Deduction Check Dated 1-24-97 $ 334,582.15 Total Payroll $ 808.361.13 GRAND TOTAL 2. Conditional Use Permit Review -Countryside Vollcswagon (1180 Highway 36) Reviewed the Countryside Volkswagen Conditional Use Permit at 1180 Highway 36 East and renewed it until July, 1997. 3. Pleasantview Park Number 3 Final Plat Approved the Pleasantview Park Number 3 £mal plat, creating four lots for houses on Crestview and Lakewood Drives, south of Highwood Avenue. 4. 1996 Planning Commission Annual Report Accepted with thanks the 1996 Annual Report of the Maplewood Planning Commission. 5. 1997 Community Design Review Board Annual Report Accepted with thanks the 1996 Annual Report of the Maplewood Community Design Review Board. 6. Joint Powers Agreement for Ramsey County GIS Users Group Authorized the Mayor and City Manager to execute the joint powers agreement to join and form the Ramsey County Geographis Information Systems Users Group. 7. 1996 Contingency Transfer to Legal Division Authorized an additional transfer of $20,000 from the General Fund Budget Contingency Account to the Legal Division (Account 101-103-000-4480) in the 1996 Budget. 8. 1996 Transfers for Utility Billing Authorized transfers of $10,420 each from the Recycling Charge, Sanitary Sewer and Hydrant Charge Funds to the General Fund as reimbursement for utility billing costs. 9. Transfers from Tax Increment Fund Authorized the appropriate 1996 Budget adjustments and 1996 transfers totaling 2 2-10-97 $718,705 from the Tax Increment Fund to the Debt Service Funds. 10. Carryover of 1996 Appropriations to 1997 Authorized the following carryovers from the 1996 Budget to the 1997 Budget: 1996 Acct. No. Department Amount (1997 Acct. No.l For City Manager's $ 2,050 101-102-4630 Desk chair for City Manager, Secretary and C. O. S. Coordinator 1,810 101-119-4640 Cable casting equipment City Clerk 5,495 101-303-4730 Drivers license picture taking area 2,500 101-301-4390 Printer to produce computer (101-301-4630) generated forms to decrease processing time for Deputy Registrar transactions 4,530 101-302-4480 Recodification of Municipal Code 1,000 101-301-4410 Computer and technical training for (101-303-4390) Deputy Registrar staff Fire Department 1,000 101-404-4390 Firefighter training financed by donation 44,530 101-404-4420 Repair of aerial ladder truck 64,000 101-404-4710 Purchase of land for new fire station Public Works 52,775 101-501-4490 Study to meet requirements for old city dump 7,250 101-502-4180 Sand and salt for streets 4,565 101-505-4759 Replacement of storm sewer piping for Ivy Avenue Parks & Rec. 4,900 101-115-4490 Consulting fees to develop energy management system 9,500 101-115-4320 Purchase of energy management (101-115-4730) system for Public Works Building 4,405 101-604-4600 Projection microscope at Nature Center Community Dev. 1,000 101-702-4011 Replacement of chairs (101-701-4630) $211,310 General Fund Total In addition to the above, carryover requests have been received for the following other funds: 1996 Acct. No. Fund Amount (1997 Acct. NoJ For Hazardous Materials Fund 13,745 204-112-xxxx Development of hazmat response team Charitable Gambling 935 205-000-4120 Historical Society 3 2-10-97 1,520 205-000-4120 Heritage Theater CIP 15,075 405-000-4759 Complete street overlay Data Processing 2,500 703-118-4160 Software to connect the five fire stations to city network and 10 Windows 95 licenses 1,000 703-118-4390 Visual Basic class Sewer 10,650 601-1580 Trench box 2,130 601-1580 Software V.E.M. 35,000 702-1560 Two pickup trucks Water 7,165 603-510-4180 Painting fire hydrants and purchase of flags for hydrants $89,720 Total for other funds 11. Budget Change for Audit of Fire Departments Approved a transfer of $17,400 from the General Fund Contingency Account to Finance the costs for an audit of the fire departments covering the period from January 1, 1995 through the date of their Final Financial transactions in 1997. 12. Transfers to Close Debt Service Funds for 1986 and 1988 Improvement Bonds Authorized closing the Debt Service Funds for the 1986 and 1988 Improvement Bonds by a transfer of their remaining balances to the Debt Service Fund for the Series 1992A Refunding Bonds. 13. Renewal of Contract for Banking Services Authorized renewal of the City's present contract with Norwest Bank for banking services for two years at the present prices. G. PUBLIC HEARINGS 1. 7:00 P.M. (7:05 P.M.): Arcade Street North, Project 96-22 (4 Votes) a. Mayor Bastian convened the meeting for a public hearing regarding strcet reconstruction, water main and storm sewer improvements on Arcade Strcet, north of Keller Parkway, known as Project 96-22. b. Manager McGuire introduced the staff report. c. Director of Public Works Haider presented the specifics of the report d. City Attorney Kelly explained the procedure for public hearings. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following person was heard: Bill Hanson, 2836 Keller Park f. Mayor Bastian closed the public hearing. 4 2-10-97 g. Councilmember Koppen introduced the following Resolution and moved its adoption. including realignment of the Keller Parkway/Arcade Street intersection in Project 96-22: 97-02-06 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the City Council adopted the 10th day of February, 1997, fixed a date for a Council hearing on the proposed construction of street, water main and storm sewer on Arcade Street, from Keller Parkway to north, City Project 96-22, and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on February 10, 1997, and the Council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood construct street, including realignment of the intersection, water main and storm sewer on Arcade Street, from Keller Parkway to north, City Project 96-22. 2. Such improvement is hereby ordered as proposed in the Council resolution adopted the 10th day of February, 1997. 3. The City Engineer is designated engineer for this improvement and is hereby directed to prepare £mal plans and specifications for the making of said improvement. 4. The Finance Director is hereby authorized to make the £mancial transfers necessary to implement the £mancing plan for the project. A project budget of $158,000 shall be established. The proposed £mancing plans is as follows: Assessments $ 50,800 State aid 97,200 Water fund 10,000 Total $158,000 Seconded by Councilmember Rossbach Ayes - all 2. 7:15 P.M. (7:22 P.M.): Bradley Sreet and Kingston Avenue Street Vacations a. Mayor Bastian convened the meeting for a public hearing regarding a proposal from Scott Farinella to vacate two unused street right-of--ways. b. Manager McGuire introduced the staff report. c. Director of Community Development Coleman presented the specifics of the report. d. City Attorney Kelly explained the procedure for public hearings. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following person was heard: Scott Farinella, 1760 Bradley Street, the applicant f. Mayor Bastian closed the public hearing. 5 2-10-97 g. Councihnember Carlson introduced the following Resolution and moved its adoption• 97-02-07 STREET VACATION -BRADLEY STREET WHEREAS, Mr. Scott Farinella applied for the vacation of the following- described street right-of--way: That part of Bradley Street between the south right-of--way line of Kingston Avenue and the north and west right-of--way line of the Minnesota DNR trail in Section 17, Township 29, Range 22 WHEREAS, the history of this vacation is as follows: 1. On January 21, 1997, the Planning Commission recommended that the City Council approve this vacation. 2. On February 10, 1997, the City Council held a public hearing. The City staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. WHEREAS, after the City approves this vacation, public interest in the property will go to the following abutting properties: Lots 1 - 4, Block 6 and Lot 26, Block 7, Kings Addition to the City of Saint Paul in Section 17, Township 29, Range 22. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described vacations for the following reasons: L It is in the public interest. 2. The City and the applicant have no plans to build a street in this location. 3. The adjacent properties have street access. This vacation is subject to the City keeping a drainage, utility and pedestrian easement over the east 40 feet of the right-of--way. Seconded by Councihnember Koppen Ayes - all h. Councihnember Carlson introduced the following Resolution and moved its adoption• 97-02-08 STREET VACATION -KINGSTON AVENUE WHEREAS, Mr. Scott Farinella applied for the vacation of the following- described street right-of--way: That part of Kingston Avenue betwcen the east right-of--way line of Bradley Street and the north and west right-of--way line of the Minnesota DNR trail in Section 17, Township 29, Range 22 WHEREAS, the history of this vacation is as follows: 1. On January 21, 1997, the Planning Commission recommended that the City Council approve this vacation. 6 2-10-97 2. On February 10, 1997, the City Council held a public hearing. The City staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. WHEREAS, after the City approves this vacation, public interest in the property will go to the following abutting properties: Lot 14, Block 2 and Lot 26, Block 7, Kings Addition to the City of Saint Paul in Section 17, Township 29, Range 22. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described vacations for the following reasons: L It is in the public interest. 2. The City and the applicant have no plans to build a strcet in this location. 3. The adjacent properties have street access. This vacation is subject to the City keeping a drainage, utility and pedestrian easement over the south 40 feet of the right-of--way. Seconded by Councihnember Koppen Ayes - all 3. 7:20 P.M. (7:29 P.M.): Zoning Map Change -Minneapolis Radiation Oncology Clinic (3004 Hazelwood St.) a. Mayor Bastian convened the meeting for a public hearing regarding a proposal to build a radiation oncology clinic at 3004 Hazelwood Street, just north of Saint John's Hospital. b. Manager McGuire introduced the staff report. c. Director of Community Development Coleman presented the specifics of the report. d. Commissioner Jack Frost presented the Planning Commission report. e. City Attorney Kelly explained the procedure for public hearings. f. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Larry Martin, 7900 Xerxes Avenue S., Ste. 1500, Bloomington, requested on behalf of the applicants to extend the permit application deadline from 12 to 24 months. Gunnar Unger, architect for the applicant Gerald Peterson, 3016 Hazelwood George Supan, 3050 Hazelwood Robert Hajicek, 1700 East County Road D George Supan -second appearance Larry Martin -second appearance Bill Knutsen, St. John's Hospital g. Mayor Bastian closed the public hearing. h. Councihnember Carlson introduced the following Resolution and moved its 7 2-10-97 adoption• 97-02-09 REZONING - R-1 TO BC: 3004 HAZELWOOD STREET WHEREAS, Clare Mahnin, representing Maplewood Properties, LLC, applied for a rezoning from R-1 (single-family residential) to BC (business commercial). WHEREAS, this rezoning applies to a 1.45 acre tract at 3004 Hazelwood Street. The legal description of the property is: Lots 8-29, Block 6, Dorle Park in Section 3, Township 29, Range 22, Maplewood, Minnesota WHEREAS, the history of this rezoning is as follows: 1. The Planning Commission reviewed this rezoning on January 21, 1997. They recommended that the City Council approve the rezoning. 2. The City Council held a public hearing on February 10,1997. The City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing an opportunity to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described rezoning for the following reasons: 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 the 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, where 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, sewer, police and fire protection and schools. 5. The proposed zoning change would be consistent with the Maplewood Comprehensive plan. This approval shall be in effect for one year. If the owner or developer does not get a building permit for aone-story medical clinic within one year of the zoning change approval, the matter shall come back to the City Council. Seconded by Councihnember Koppen Ayes - all 4. 7:30 P.M. (8:27 P.M.): Conditional Use Permit -Used Motor Vehicle Sales Lot (1225 Frost Avenue) a. Mayor Bastian convened the meeting for a public hearing regarding a proposal by George Hirsch to open a used motor vehicle sales lot on the site of his auto body repair shop at 1225 Frost Avenue. 8 2-10-97 b. Manager McGuire introduced the staff report. c. Director of Community Development Coleman presented the specifics of the report. d. Commissioner Jack Frost presented the Planning Commission report. e. City Attorney Kelly explained the procedure for public hearings. f. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Roger Gammel, Shoreview, owner of Classic Car Wash Michael Bergeron, representing George's Auto Body g. Mayor Bastian closed the public hearing. h. Councihnember Koppen introduced the following Resolution and moved its adoption• 97-02-10 CONDITIONAL USE PERMIT RESOLUTION -USED MOTOR VEHICLE SALES LOT WHEREAS, Mr. George Hirsch applied for a conditional use permit for a used motor vehicle sales lot; WHEREAS, this permit applies to property at 1225 Frost Avenue. The legal description is: The vacated alley accruing and the following; except the East 103.57 feet; Lots 1 thru 5 and except the East 103.57 feet; the South 10 feet of Lot 6, the South 10 feet of the East 8.57 feet of Lot 14 and part of vacated alley adjacent to Lot 15 and the East 8.57 feet of Lots 16 thru Lot 19, Block 3, Lincoln Park, Maplewood, Ramsey County, Minnesota. (PIN 16-29-22-14-0088) WHEREAS, the history of this conditional use permit is as follows: 1. On January 21, 1997, the Planning Commission recommended that the City Council approve this permit. 2. On February 10, 1997, the City Council held a public hearing. The City staff published a notice in the paper and sent notices to the surrounding property owners. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described conditional use permit based on the building and site plans. The City approves this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, 9 2-10-97 disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. The owner or operator shall follow the site plan approved by the City. The Director of Community Development may approve minor changes. 2. The City Council shall review this permit in one year. 3. If there is not enough parking on the site, the operator or property owner shall reduce the number of vehicles for sale on the site or shall arrange to park employee vehicles elsewhere. 4. The operator shall not allow parking on Frost Avenue. 5. The hours for vehicle sales shall be Monday-Saturday, 8:00 A.M.- 8:00 P.M. There shall be no vehicles sales on Sundays. (State Law) 6. The operator shall get a license for the sale of used motor vehicles. 7. The owner or operator shall install stop signs at each driveway and a handicapped parking space and signage on the site. 8. The owner or operator shall stripe all vehicle display and parking spaces. All spaces shall meet city size standards. 9. The owner or operator shall only park the vehicles for sale in the front of the building on the bituminous area. The operator shall keep the displayed vehicles at least 10 fcet back from Frost Avenue. 10. There shall be no exterior storage of inoperable vehicles or vehicle parts on the site. Seconded by Councihnember Allenspach Ayes - Mayor Bastian, Councihnembers Allenspach, Koppen, Rossbach Nays - Councilmember Carlson i. Councilmember Koppen moved to approve a 12-stall parking reduction authorization for Georse's Auto Body Shop at 1225 Frost Avenue, subiect to reconsideration by the City in the future if a parkins problem develops. Seconded by Councihnember Allenspach Ayes - Mayor Bastian, Councihnembers 10 2-10-97 Allenspach, Koppen, Rossbach Nays - Councilmember Carlson H. AWARD OF BIDS NONE I. UNFINISHED BUSINESS 1. Sign Code Amendment (Second Reading) a. Manager McGuire introduced the staff report. b. Director of Community Development Coleman presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following persons were heard: Andrew Nath, White Bear Avenue Business Association Joe Zappa, 2522 Flandrau d. Mayor Bastian introduced an ordinance revising the sign ordinance and moved to direct staff to incorporate the changes recommended by the White Bear Avenue Business Association and Chamber of Commerce, along with changes as discussed by Council, into the current draft and bring back for second reading on March 10. Seconded by Councihnember Koppen Ayes - all J. NEW BUSINESS 1. Gervais Ave., Kennard -Barclay, Project 96-02: Approve Plans & Specifications a. Manager McGuire introduced the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. d. Councihnember Carlson introduced the following Resolution and moved its adoption• RESOLUTION 97 - 02 - 11 APPROVING PLANS AND ADVERTISING FOR BIDS -PROJECT 96-02 WHEREAS, pursuant to resolution passed by the City Council on November 25, 1996, plans and specifications for Gervais Avenue Street and Utility Improvements, Project 96-02, have been prepared by (or under the direction o~ the City Engineer, who has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on File in the office of the City Clerk. 11 2-10-97 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the Council at 10:00 A.M., on the 12th day of March, 1997, at the City Hall and that no bids shall be considered unless sealed and £ded with the Clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The City Clerk and City Engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The Council will consider the bids, and the ordering of a hearing, at the regular City Council mceting of March 24, 1997. Seconded by Mayor Bastian Ayes - all e. Councilmember Carlson moved to approve the following £mancing plan for Proiect 96-02: Assessments $193,600 Sewer Fund 15,000 State Aid 425,000 Total $633,600 Seconded by Mayor Bastian Ayes - all 2. Larpenteur/Payne Storm Sewer -Project 97-03 a. Manager McGuire introduced the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. d. Councilmember Carlson moved to authorize staff to utilize state aid funds to £mance Maplewood's share of sewer separation at the intersection of Payne Avenue and Larpenteur Avenue based on Maplewood's percentage of contributing flow to the system. Seconded by Councilmember Allenspach Ayes -Mayor Bastian, Councilmembers Allenspach, Carlson, Rossbach Nays -none Absent - Councilmember Koppen 3. Release Tax Forfeit Property -Carey Heights Drive a. Manager McGuire introduced the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this 12 2-10-97 matter. No one appeared. d. Councihnember Carlson moved to authorize execution of the document reconveying tax-forfeited property to the State of Minnesota. Seconded by Councihnember Carlson Ayes - all 4. Zoning Ordinance Revision - 1st Reading a. Manager McGuire introduced the staff report. b. Police Chief Ryan presented the specifics of the report c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. d. Councihnember Carlson moved to approve first reading of revision to the Zoning Ordinance to add a de£mition of livestock. Seconded by Councihnember Koppen Ayes - all K. VISITOR PRESENTATIONS NONE L. COUNCIL PRESENTATIONS 1. Inside/Insight a. Councilmember Allenspach announced that the Mayor and Council will appear on the Government Aceess Cable program Inside/Insight on Wednesday, February 19. 2. Mayor's Update a. Mayor Bastian commented on various upcoming events and meetings. M. ADMINISTRATIVE PRESENTATIONS NONE N. ADJOURNMENT 10:22 P.M. Karen Guilfoile, City Clerk 13 2-10-97