HomeMy WebLinkAbout04-14-1997 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, April 14, 1997
Council Chambers, Municipal Building
Meeting No. 97-07
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 Absent
D. APPROVAL OF MINUTES:
1. Minutes of Council/Manager Workshop of March 3, 1997
Councilmember Allenspach moved to approve the minutes of Council/Manager Meeting
of March 3, 1997 as presented:
Seconded by Councilmember Carlson Ayes -all
2. Minutes of Meeting 97-06 (March 24, 1997)
Councilmember Carlson moved to approve the minutes of Meeting No. 97-06 (March 24,
1997) as presented.
Seconded by Councilmember Koppen Ayes -all
E. APPROVAL OF AGENDA:
Mayor Bastian moved to approve the Agenda as amended:
Ll 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,
1. Approval of Claims
Approved the following claims:
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ACCOUNTS PAYABLE: $ 34,703.73 Checks #7021-#7025 Dated 3-13-97 thru 3-18-97
$ 310,754.82 Checks #30802-#30913 Dated 3-25-97
$ 97,389.58 Checks #7026-#7036 Dated 3-21-97 thru 3-27-97
$ 224,377.99 Checks #30916-#31041 Dated 4-1-97
$ 50,923.99 Checks #7037-#7042 Dated 3-31-97 thru 4-1-97
$ 70,905.50 Checks #31044-#31138 Dated 4-8-97
$ 789,055.61 Total Accounts Payable
PAYROLL: $ 50,923.99 Payroll Checks and Direct Deposits Dated 4-4-97
$ 46,874.38 Payroll Deduction Checks Dated 4-4-97
$ 97,797.37 Total Payroll
~ 886.852.37 GRAND TOTAL
2. Conditional Use Permit Review - 3M Classroom Building (600 Carlton Street)
Reviewed and renewed the Conditional Use Permit fora 3M classroom building at 600
Carlton Street. The permit will be reviewed again only if a problem develops or if the
owner wants to change the site plan.
3. Disposal of Surplus Property
Declared as surplus property and authorized disposal at state auction on June 21, VEM
Unit 612,1987 Chevrolet 1-ton 4 x 4 utility truck, SN 1GBJV34M6HJ166019, Model C-3Q
mileage 96,118. This unit has been replaced.
4. Municipal State Aid Street Designations
Adopted the following Resolutions:
97-04-32
RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAYS
WHEREAS, it appears to the City Council ofthe City of Maplewood thatthe streets
hereinafter described should be designated municipal state aid streets under the
provisions of Minnesota law.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Maplewood that the roads described as follows, to-wit:
Desoto Street from Larpenteur Avenue to County Road B
Bartelmy Lane from Minnehaha Avenue to Stillwater Road
Harvester Avenue from Stillwater Road to Century Avenue
Ferndale Street from Harvester Avenue to Maryland Avenue
Mailand Road from McKnight Road to Sterling Street
Ripley Avenue from English Street to Hazelwood Street -
thence Hazelwood Street from Ripley Avenue to Frost Avenue
County Road D from White Bear Avenue to McKnight Road
be, and hereby are established, located, and designated municipal state aid streets of said
City, subject to the approval of the Commissioner of Transportation of the State of
Minnesota.
BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and
directed to forward two certified copies of this resolution to the commissioner of
2 4-14-97
transportation for consideration, and that upon approval of the designation of said roads
or portions thereof, that same be constructed, improved and maintained as municipal
state aid streets of the City of Maplewood to be numbered and known as municipal state
aid streets.
97-04-33
RESOLUTION REVOKING MUNICIPAL STATE AID HIGHWAYS
WHEREAS, it appears to the City Council ofthe City of Maplewood thatthe streets
hereinafter described as municipal state aid streets under the provisions of Minnesota
law.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Maplewood that the roads described as follows, to-wit:
MSA 102 -Sterling Street from Marylake Road to Larpenteur Avenue
MSA 103 - Marylake Road from Lakewood Drive to Century Avenue
Portion of MSA 104 -English Street from Gervais Avenue County Road C
be, and hereby are revoked as municipal state aid streets of said City, subject to the
approval of the Commissioner of Transportation of the State of Minnesota.
BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and
directed to forward two certified copies of this resolution to the commissioner of
transportation for consideration.
5. NSP Government Financing/Energy Loan and Rebate Program
Authorized staffto enter into a loan agreementwith N.S.P. for the Public Works Building
energy improvements (from the N. S.P. 0% government Finance program). The City will
pay $59,950 of the project cost, and the loan balance will be $17,622, which will be paid
from projected energy savings.
6. Lawful Gambling License -Maplewood Athletic Association
Adopted the following Resolution:
97-04-34
APPROVING CHARITABLE GAMBLING - MAPLEWOOD ATHLETIC ASSOCIATION
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the
premises permit for lawful gambling is approved for the Maplewood Athletic Association, to
operate at Gulden's Road House, 2999 North Highway 61, Maplewood, Minnesota.
FURTHERMORE, that the Maplewood CSty Council waives any objection to the timeliness of
application for said permit as governed by Minn. Stat. §349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling Control
Division of the Minnesota Department of Gaming approve said permit application as being in
compliance with Minn. Stat. §349.213.
NOW, THEREFORE, BE IT FURTHER RESOLVED that this Resolution by the City Council
of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval.
7. Personal Service License -Sister Rosalind and Health East
Approved Personal Service Licenses for the following individuals:
At Sister Rosalind Gefre's:
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Kim Marie Linser
At Health East St. Johns Performed Healing Center:
Karen Beverly Carrier Deborah Lou Ostberg
Rosemary Jan Jacobsen Patricia Shiely Oxley
Valerie Alice Johnson Deborah Ann Peterson
Helena Dorothy Kriel Sandra NMN Spadaccini
David Harlyn Kramer
8. Disposal of Old Financial Records
Adopted the following Resolution:
97-04-35
DESTRUCTION OF OLD FINANCIAL RECORDS
WHEREAS, M.S.A. 138.17 governs the destruction of City records; and
WHEREAS, a list of records has bcen presented to the Council with a request in
writing that destruction be approved by the Council;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA;
1. That the Finance Director is hereby directed to apply to the Minnesota
State Historical Society for an order authorizing destruction of the records
as described in the attached list.
2. That upon approval by the State of the attached application, the Finance
Director is hereby authorized and directed to destroy the records listed.
9. Deletion of Appropriation for Purchase of Property Adjacent to Community Center
Authorized the Finance Director to make the appropriate 1997 Budget adjustments to
delete the $500,000 appropriation for the purchase of property adjacent to the
Community Center and to delete the related budgeted interfund transfers.
10. Budget Change -Finance Department
Approved a transfer of $1,900 from the General Fund Contingency Account to Fmance
installation and training on new ambulance billing software.
11. Fire Department -Janitor Stipends
Approved $200 monthly stipends for janitor services at the fire stations.
G. PUBLIC HEARINGS
1. 7:00 P.M. (7:06): Vomela (2354 English Strcet)
a. Mayor Bastian convened the meeting for a public hearing regarding a request for
approval of $1 million in tax-exempt bond Financing for Camada Limited
Partnership and, secondly, to approve expansion of the parking lot on the south side
of their building.
b. Manager McGuire introduced the staff report.
c. Associate Planner Roberts 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 persons were heard:
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David Degree, 2052 Holloway Avenue, Chairman of Vomela
Mary Ippel, Briggs and Morgan, 2200 First National Bank Bldg., St. Paul
f. Mayor Bastian closed the public hearing.
Tax-Exempt Financing Final Approval
g. Councilmember Koppen introduced the following Resolution and moved its
adoption•
97-04-36
AUTHORIZING THE ISSUANCE AND SALE OF $1,000,000 VARIABLE RATE
DEMAND INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1997
(CAMADA LIMITED PARTNERSHIP PROJECT) TO FINANCE A PROJECT
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota (the "Issuer"),
as follows:
1. The Issuer has received a proposal from the Camada Limited Partnership, a
Minnesota limited partnership (the "Company"), that the Issuer undertake to
Finance a certain Project as herein described, and pursuant to Minnesota Statutes,
Sections 469.152 through 469.1651 (the "Act"), through issuance by the Issuer of its
$1,000,000 Variable Rate Demand Industrial Development Revenue Bonds, Series
1997 (Camada Limited Partnership Project) (the "Bonds").
2. It is proposed that, pursuant to a Loan Agreement dated as of May 1,1997, between
the Issuer and the company (the "Loan Agrcement"), the Issuer loan the proceeds of
the Bonds to the Company to finance renovation of the Company's approximately
45,000 square foot manufacturing facility located at 2354 English Street (the
"Project"). The basic payments to be made by the company under the Loan
Agrcement are fixed so as to produce revenue sufficient to pay the principal of,
premium, if any, and interest on the Bonds when due. It is further proposed that the
Issuer assign its rights to the basic payments and certain other rights under the Loan
Agrcement to a trustee to be named in the Indenture described below (the
"Trustee") as security for payment of the Bonds under an Indenture of Trust dated
as of May 1,1997 (the "Indenture"). Payment of the Bonds is initially secured by an
irrevocable Letter of Credit to be issued by Norwest Bank Minnesota, National
Association in favor of the Trustee in an amount equal to the principal amount of the
Bonds plus a certain amount of interest thereon. The Bonds are intended to be
privately placed with accredited investors by Norwest Bank Minnesota, National
Association (the "Placement Agent") in accordance with a Bond Placement
Agrcement dated as of closing among the Issuer, the Company and the Placement
Agent (the "Placement Agreement") and pursuant to a Private Placement
Memorandum dated as of the date of closing (the "Memorandum").
3. Pursuant to the preliminary approval of the Issuer, forms of the following
documents have bcen submitted to the Issuer for approval:
(a) The Loan Agreement,
(b) The Indenture, and
(c) Placement Agreement.
The use of the Memorandum is hereby approved, but the Issuer takes no responsibility
for any of the information contained therein.
4. It is hereby found, determined and declared that:
(a) it is desirable that the Bonds be issued by the Issuer upon the terms set
forth in the Indenture;
(b) the Loan Agrcement and Indenture provide that the Company is required
to pay the basic payments under the Loan Agrcement which are fixed to
5 4-14-97
produce revenue sufficient to provide for the prompt payment of principal
of, premium, if any, and interest on the Bonds issued under the Indenture
when due, and all expenses of the operation and maintenance of the
Project, including, butwithout limitation, adequate insurance thereon and
insurance against all liability for injury to persons or property arising from
the operation thereof, and all taxes and special assessments levied upon or
with respect to the Project Premises and payable during the term of the
Loan Agreement and Indenture; and
(c) under the provisions of Minnesota Statutes, Section 469.155, and as
provided in the Loan Agreement and Indenture, the Bonds are not to be
payable from or charged upon any funds other than the revenue pledged to
the payment thereof; the Issuer is not subject to any liability thereon; no
holder of any Bonds shall ever have the right to compel any exercise by the
Issuer of its taxing powers to pay any of the Bonds or the interest or
premium thereon, or to enforce payment thereof against any property of
the Issuer except the interests of the Issuer in the Loan Agreement which
have been assigned to the Trustce under the Indenture; the Bonds shall not
constitute a charge, lien or encumbrance, legal or equitable upon any
property of the Issuer except the interests of the Issuer in the Loan
Agrcement which have been assigned to the Trustee under the Indenture;
the Bonds shall recite that the Bonds are issued without moral obligation
on the part of the state or its political subdivisions, and that the Bonds,
including interest thereon, are payable solely from the revenues pledged to
the payment thereof; and, the Bonds shall not constitute a debt of the
Issuer within the meaning of any constitutional or statutory limitation.
5. Subject to the £mal approval of Issuer's counsel the forms of the Loan Agreement,
Indenture and Placement Agrcement and exhibits thereto are approved substantially
in the form submitted. The Loan Agrcement, Indenture and Placement Agreement
are directed to be executed in the name and on behalf of the Issuer by the Mayor and
the City Clerk. Any other documents and certificates necessary to the transaction
described above shall be executed and delivered by the appropriate Issuer officials.
Copies of all of the documents necessary to the transaction herein described shall be
delivered, Filed and recorded as provided herein and in the Loan Agreement,
Indenture and Placement Agreement.
6. The Issuer shall procced forthwith to issue its Bonds, in the form and upon the terms
set forth in the Indenture. The offer of the Placement Agent to place the Bonds for
sale to accredited investors at par plus accrued interest to the date of delivery at the
interest rate or rates specified in the Indenture as of the date of issuance of the Bonds
at a rate not to exceed 10% per annum is hereby accepted. The Mayor and City
Clerk are authorized and directed to prepare and execute the Bonds as prescribed in
the Indenture and to deliver them to the Trustce for authentication and delivery to
the Placement Agent.
7. The Mayor and City Clerk and other members of the City are authorized and
directed to prepare and furnish to the Placement Agent certified copies of all
proceedings and records of the Issuer relating to the Bonds, and such other affidavits
and certificates as may be required to show the facts relating to the legality of the
Bonds as such facts appear from the books and records in the officers' custody and
control or as otherwise known to them; and all such certified copies, certificates and
affidavits, including any heretofore furnished, shall constitute representations of the
Issuer as to the truth of all statements contained therein.
8. The approval hereby given to the various documents referred to above includes
approval of such additional details therein as may be necessary and appropriate and
such modifications thereof, deletions therefrom and additions thereto as may be
necessary and appropriate and approved by Issuer's counsel and the officials
authorized herein to execute said documents prior to their execution; and said
officials are hereby authorized to approve said changes on behalf of the Issuer. The
execution of any instrument by the appropriate officer or officers ofthe Issuer herein
authorized shall be conclusive evidence of the approval of such documents in
aceordance with the terms hereof. In the absence of the Mayor or City Clerk, any of
the documents authorized by this resolution to be executed may be executed by the
6 4-14-97
Acting Mayor or designee of the City Clerk, respectively.
Seconded by Councihnember Carlson Ayes - all
Parking Lot Setback Variance
g. Councilmember Koppen moved to approve the parking lot expansion request for
Vomela at 2354 English Street as shown on the site plan, subject to the following
conditions•
1. Before paving the parking area, the owner or contractor shall:
a. Get a grading permit from the City Engineering Department,
b. Have the City Engineer approve a grading and erosion control
plan for the project,
c. Show the south edge of the parking area with a continuous
bituminous curb next to the grass. For the part of the parking lot
next to the highway ditch, the owner or contractor shall install
concrete curb stops to allow storm water to run off the parking
lot into the ditch.
2. The owner or contractor shall submit a striping plan to the Director of
Community Development for approval. This plan shall meet all City
standards for parking stall and driveway dimensions.
3. The owner or contractor shall install stop signs at each driveway on to
English Street.
Seconded by Councihnember Carlson Ayes - all
2. 7:15 P.M. (7:15 P.M.): American Portable Telecom Monopole (English Street and Gervais Avenue)
a. Mayor Bastian convened the meeting for a public hearing regarding a proposal to
build a 165-foot-tall monopole for telecommunications equipment on vacant
property at the southwest corner of English Street and Gervais Avenue.
b. Manager McGuire introduced the staff report.
c. Associate Planner Roberts presented the specifics of the report.
d. Commissioner Milo Thompson presented the Planning Commission report.
e. Boardmember Tim Johnson presented the Community Design Review Board report.
f. Mayor Bastian opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Michelle Johnson, Cellular Realty Advisors, 1701 E. 79th Street, Bloomington
Marc Kruger, Lawyer, Air Touch Cellular, 4700 IDS Center, Minneapolis
Al Metcalf, Jr., 1255 E. Hwy 36, Owner of Metcalf Moving & Storage
Jeff Peterson, Construction Manager, APT (American Portable Telecom)
Milo Thompson, 1794 Onacrest Curve
Marc Kruger (Second appearance)
Michelle Johnson (Second appearance)
Marc Kruger (Third appearance)
Jeff Peterson (Second appearance)
Michelle Johnson (Third appearance)
Michelle Johnson (Fourth appearance)
g. Mayor Bastian closed the public hearing.
h. Councihnember Carlson moved to approve the Conditional Use Permit for American
Portable Telecom.
7 4-14-97
Seconded by Councihnember Allenspach Ayes - Councihnembers Allenspach,
Carlson
Nays - Mayor Bastian, Councihnember
Koppen
MOTION FAILED
i. Mayor Bastian moved to table this item until the Apri128 meeting.
Seconded by Councihnember Koppen Ayes - Mayor Bastian, Councihnembers
Allenspach, Koppen
Nays - Councilmember Carlson
3. 7:30 P.M. (8:10 P.M.): National Tire Warehouse (White Bear Avenue)
a. Mayor Bastian convened the meeting for a public hearing regarding a proposal to
build an 11,394-square-foot building south of the Mogren Brother's Landscaping
building at 2580 White Bear Avenue.
b. Manager McGuire introduced the staff report.
c. Associate Planner Roberts presented the specifics of the report.
d. Mayor Bastian opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Stephen Johnson, Landform Engineering Company, 901 Twelve Oaks Center,
1500 Wayzata Boulevard, Wayzata
Keith King -Sears, 333 Pine Cove Avenue, Pierce, So. Dakota
e. Mayor Bastian closed the public hearing.
Wetland Setback Variance
h. Mayor Bastian introduced the following Resolution and moved its adoption:
97-04-37
WETLAND SETBACK VARIANCE
WHEREAS, Keith King of National Tire Warehouse applied for a variance from the zoning
ordinance.
WHEREAS, this variance applies to property south of 2582 White Bear Avenue. The legal
description is:
The North 211.00 feet of the following-described parcel: That part of the
South 4 acres of
the Southwest
Quarter of the
Northeast Quarter
of the Northwest
Quarter of Section
11, Township 29,
Range 22, lying
Easterly of the
center line of
White Bear
Avenue, except the
North 5 fcet
thereof, Ramsey
County,
8 4-14-97
Minnesota.
WHEREAS, Section 36-196(h)(3) ofthewetland protection ordinance requires a 100-foot-wide
wetland buffer.
WHEREAS, the applicant is proposing a wetland buffer ranging from 40 to 65 feet.
WHEREAS, this requires a variance of 60 feet.
WHEREAS, the history of this variance is as follows:
1. On March 17, 1997, the Planning Commission recommended that the City Council
approve this variance.
2. The City Council held a public hearing on April 14, 1997. City staff published a
notice in the Maplewood Review and sent notices to the surrounding property
owners as required bylaw. 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 thatthe City Council approve the above-described
variance for the following reasons:
1. Strict enforcement of the codewould cause undue hardship because of circumstances
unique to the property and not created by the property owner. The 100-foot-wide
wetland buffer requirement would make development of this site difficult. The
difficulty was created by the new ordinance.
2. The variance would be in keeping with the spirit and intent of the ordinance, since
the applicant would improve the quality of the wetland buffer substantially over its
present state.
Approval is subject to the applicant doing the following:
1. Dedicating awetland-buffer easement. This easement shall describe the boundary of
the buffer and prohibit any building, mowing, cutting, Filling or dumping within the
buffer. The applicant shall record the dced for this easement before the City will
issue a building permit.
2. Dedicating a drainage easement over that part of the entire property (including the
area on the abutting site to the south) below the elevation 919.5.
Seconded by Councihnember Koppen Ayes - all
Conditional Use Permit
i. Mayor Bastian introduced the following Resolution and moved its adoption:
97-04-38
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, National Tire Warehouse applied for a conditional use permit for a motor vehicle
maintenance garage for the new National Tire Warehouse facility:
WHEREAS, this permit applies to property on the east side of White Bear Avenue south of
2582 White Bear Avenue. The legal description is:
The North 211.00 feet of the following-described parcel: That part of the
South 4 acres of
the Southwest
9 4-14-97
Quarter of the
Northeast Quarter
of the Northwest
Quarter of Section
11, Township 29,
Range 22, lying
Easterly of the
center line of
White Bear
Avenue, except the
North 5 feet
thereof, Ramsey
County,
Minnesota.
WHEREAS, the history of this conditional use permit is as follows:
1. On March 17, 1997, the Planning Commission recommended that the City Council
approve this permit.
2. On Apri114,1997, 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 presentwritten statements. The
council also considered reports and recommendations of the City staff and Planning
Commission.
NOW, THEREFORE, BE IT RESOLVED thatthe 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, 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 aceess 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. All construction shall follow the site plan approved by the City. The Director of
Community Development may approve minor changes.
2. The proposed construction must be substantially started within one year of council
approval or the permit shall become null and void. The council may extend this
10 4-14-97
deadline for one year.
3. The City Council shall review this permit in one year.
Seconded by Councilmember Koppen Ayes - all
Design Approval
j. Mayor Bastian moved to approve the plans, date-stamped January 30, 1997, for
proposed National Tire Warehouse on White Bear Avenue, based on the £mdings
required by the code, subiect to the following conditions:
1. Repeat this review in two years if the City has not issued a building
permit for this project.
2. Before getting a building permit, the applicant shall:
a. Dedicate and record awetland-buffer easement for that part of
the wetland buffer on the National Tire Warehouse site. This
easement shall describe the boundary of the wetland buffer and
prohibit any building, mowing, cutting, Filling or dumping within
the buffer.
b. Dedicating a drainage easement over that part of the entire
property (including the area on the abutting site to the south)
below the elevation 919.5.
c. Revise the plans as follows for staff approval:
(1) Substitute the amur maple trees with another species,
for example, a variety of crab apple tree.
(2) Substitute the MnDOT seed mix #1200 with mix #250
as requested by the watershed district.
(3) Show sod on the north, south and west sides of the
building. The only seed allowed may be behind the
building. The areas to be sodded include the
contiguous parts of the Mogren property to the north
and the boulevard.
(4) Revise the site plan to show a 24-foot-wide driveway
connection to the Mogren Brothers Landscaping site.
d. Submit grading, drainage, utility and erosion control plans to the
City Engineer for approval.
e. Dedicate and record cross easements for access between this site
and the abutting properties.
f. Revise the color scheme proposed. The color indicated on the
plans as black will be a shade of blue as submitted to the review
board. Samples of this blue color shall be submitted to staff for
approval.
3. The applicant shall complete the following before occupying the building:
a. Install reflectorized stop signs at both exits, a handicap parking
sign for each handicap parking space and an address on the
building.
b. Applicant shall install a pork chop curb on southerly egress and
post a "no left turn" sign at the southerly curb cut.
c. Provide continuous concrete curb and gutter on both sides of the
southerly driveway as shown on the site plan.
d. Paint the rooftop mechanical equipment to match the color of the
upper part of the building. (code requirement) The community
design review board waives the requirement for enclosures
around this equipment.
e. Construct the trash dumpster enclosure of the same materials
and color as the building.
f. Install an in-ground lawn irrigation system for all landscaped
areas. (code requirement)
g. Install signs at the edge of the wetland-protection buffer which
prohibit any building, mowing, cutting, Filling or dumping within
11 4-14-97
the buffer.
4. If any required work is not done, the City may allow temporary occupancy
if
a. The City determines that the work is not essential to the public
health, safety or welfare.
b. The City receives a cash escrow or an irrevocable letter of credit
for the required work. The amount shall be 150% of the cost of
the unFmished work.
5. This approval does not include the signs. Signage will be reviewed by staff
through the sign permit process.
6. All work shall follow the approved plans. The Director of Community
Development may approve minor changes.
Seconded by Councihnember Koppen Ayes - all
H. AWARD OF BIDS
1. Snowplows, Hitches and Wings
a. Manager McGuire introduced the staff report.
b. Director of Public Works Haider presented the specifics of the report
c. Councilmember Koppen introduced the following Resolution and moved its
adoption•
97-04-39
AWARD OF BID -SNOW REMOVAL EQUIPMENT
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
that the bid of MacQueen Equipment in the amount of $168,223.14 is the lowest
responsible bid for the purchase of snow removal equipment, 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 Councihnember Carlson Ayes - all
I. UNFINISHED BUSINESS
1. Brooks Fiber Optics Agreement
a. Manager McGuire introduced the staff report.
b. City Attorney Kelly presented an update of legislative action.
c. Director of Public Works Haider presented the specifics of the report
d. Councihnember Carlson moved to approve the right-of-way agreement and
authorized the Mayor and City Manager to execute the document on the part of the
City
Seconded by Councihnember Koppen Ayes - all
2. Ariel Street, 11th Ave. to Co. Rd. C,
Project 96-20, Feasibility Study and Schedule Public Hearing
a. Manager McGuire introduced the staff report.
12 4-14-97
b. Director of Public Works Haider presented the specifics of the report
c. Mayor Bastian introduced the following Resolution and moved its adoption:
97-04-40
ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING
WHEREAS, pursuant to resolution of the Council adopted January 13, 1997, a
report has been prepared by the City Engineering Division with reference to the
improvement of Ariel Street between 11th Avenue and County Road C, City Project 96-
20, by street and utility improvements, and this report was received by the Council on
Apri114, 1997, and
WHEREAS, the report provides information regarding whether the proposed
project is necessary, cost-effective, and feasible,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA:
1. The Council will consider the improvement of such street in accordance with
the report and the assessment of abutting property for all or a portion of the
cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an
estimated total cost of the improvement of $162,000.
2. A public hearing shall beheld on such proposed improvement on the 12th day
of May,1997, in the Council Chambers of City Hall at 7:00 P.M. and the Clerk
shall give mailed and published notice of such hearing and improvement as
required by law.
Seconded by Councilmember Carlson Ayes - all
J. NEW BUSINESS
1. Charitable Gambling Requests -Second Quarter 1997
a. Manager McGuire introduced the staff report and specific information regarding
the requests.
b. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. No one appeared./The following persons were heard:
c. Councilmember Carlson moved to approve the request from Law Enforcement
Explorers Group Conference for $1,600 to send 15 police cadets to a state-wide
conference at Breezy Point.
Seconded by Councilmember Allenspach Ayes - all
d. Councilmember Carlson moved to approve the request from the Fire Department
for $300 to cover expenses for the Retired Fire Chiefs Annual Dinner.
Seconded by Councilmember Koppen Ayes - all
e. Peter Fisher, 2443 Standridge Avenue and Milo Thompson, 1794 Onacrest Curve, spoke in
regard to the Tri-District 6067 School request.
f. Councilmember Carlson moved to table the request from the Tri-District 6067
School for $9,500 to assist in their development of the Maplewood Open Space
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Easement on the school property, to wait for a more specific plan.
Seconded by Councihember Koppen Ayes - all
g. Councilmember Carlson moved to approve the request from Maplewood Parks &
Recreation for $3,690 to establish a training program to certify youth coaches, as
required by the National Youth Sports Coaches Association.
Seconded by Councilmember Koppen Ayes - all
h. Thomas Pepin, 131618th Avenue, Forest Lake, the applicant, and Jim Stark, 4315
Handrahan, Metropolitan Mosquito Control Project, spoke on behalf of the request
for $750 for placing bat houses on the Gateway Trail.
i. Councilmember Carlson moved to donate $250 to Thomas Pepin of the Boy Scouts of
America for an Eagle Scout service proiect of placing 20 to 25 bat houses along an 18
mile stretch of the Gateway Trail.
Seconded by Councilmember Allenspach Ayes - all
j. Councilmember Allenspach moved to approve the request for $2,655.50 to cover
expenses associated with the National Night Out -Maplewood Style.
Seconded by Councilmember Carlson Ayes - all
k. Councilmember Carlson moved to deny funding for the STARS-Excellence in
Education ("Students/Teachers Achieving Academic Recognition and Success"1
program.
Seconded by Councilmember Koppen Ayes - all
2. Contingency Request -Cleanup of Open Space North of Spoon Lake, West of Cypress
a. Manager McGuire introduced the staff report.
b. Director of Parks & Recreation Anderson presented the specifics of the report.
c. Councilmember Koppen moved to allocate $9,000 from the Contingency Fund to cleanup the
Open Space property located north of Spoon Lake.
Seconded by Councilmember Carlson Ayes - all
3. Recodification of Code
a. Manager McGuire introduced the staff report.
b. City Clerk Guilfoile 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 Koppen moved to authorize re-codification of the City's Code of
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Ordinances with Municipal Code Corporation and to purchase the Code on CD-
ROM retrieval software for access by all departments.
Seconded by Councihnember Allenspach Ayes - all
4. Police Department -Request for Computer Server
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 Koppen moved to authorize the Police Department to expend $8,855
from the Confiscated Funds account to purchase and install a departmental File
server.
Seconded by Councihnember Carlson Ayes - all
5. Consider AMM Board Nomination
a. Manager McGuire introduced the staff report.
b. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. No one appeared./The following persons were heard:
c. Councilmember Carlson moved to nominate Councihnember Allenspach to serve as
an officer or on the Board of Directors for the Association of Metropolitan
Municipalities.
Seconded by Councihnember Koppen Ayes - all
K. VISITOR PRESENTATIONS
NONE
L. COUNCIL PRESENTATIONS
1. Mayor's Update
a. Mayor Bastian announced that a forum to address the deer problem will be held
the first Saturday in June at the Battle Creek Shell from 10:00 A.M. to 12:00
Noon.
M. ADMINISTRATIVE PRESENTATIONS
NONE
N. ADJOURNMENT
9:38 P.M.
Karen Guilfoile, City Clerk
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