HomeMy WebLinkAbout01-12-1998 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, January 12, 1998
Council Chambers, Municipal Building
Meeting No. 98-O1
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 Acting Mayor Koppen.
B. PLEDGE OF ALLEGIANCE
OATH OF OFFICE -MAYOR AND COUNCIL MEMBERS
a. Councilmember Carlson movedto accept the resignation of Gary Bastian dated January 1. 1998.
Seconded by Councilmember Allenspach Ayes - all
b. Councilmember Carlson movedto declare a Mayoral vacancy created by Gary Bastian's resignation.
Seconded by Councilmember Rossbach Ayes - all
c. Councilmember Allenspach movedto appoint Councilmember George Rossbach as Mayor.
Seconded by Councilmember Koppen Ayes - all
d. Councilmember Rossbach moved to declare a Council vacancy created by his appointment to be
Mayor.
Seconded by Councilmember Koppen Ayes - all
e. Councilmember Rossbach movedto appoint Kevin Kittridge to fill the vacant Council seat.
Seconded by Councilmember Carlson Ayes - all
£ Former Mayor, Judge Bastian, administered the Oath of Office to Mayor Rossbach and
Councilmembers Allenspach, Kittridge and Koppen.
C. ROLL CALL:
George F. Rossbach, Mayor Present
Sherry Allenspach, Councilmember Present
Dale H. Carlson, Councilmember Present
Kevin Kittridge, Councilmember Present
Marvin C. Koppen, Councilmember Present
D. APPROVAL OF MINUTES:
1. Minutes of Council Meeting 97-25 (December 22, 1997)
Councilmember Allenspach movedto approve the minutes of Meeting No. 97-25 (December
22, 1997) as presented.
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Seconded by Councilmember Koppen Ayes - Mayor Rossbach,
Councilmembers Allenspach,
Carlson, Koppen
Nays - None
Abstain - Councilmember Kittridge
E. APPROVAL OF AGENDA:
Councilmembers Carlson moved to approve the Agenda as submitted.
Seconded by Councilmember Allenspach Ayes -all
EA. APPOINTMENTS/PRESENTATIONS
1. Troop 73
a. Troop 73, with Les Nelson, Assistant Scout Master, was present as a part of earning the
Citizenship and Community Badge.
F. CONSENT AGENDA:
Councilmember Carlson requested Item F13. Liquor License Application. Allen A. Metcalf III, be moved
to J4. New Business, for discussion.
Councilmember Carlson moved, seconded by Councilmember Koppen: ayes -all, to approve the Consent
Agenda. Items F1 thru F12. F14 and F15, as recommended. (Item F-13 moved to J4~
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 147,416.02 Checks #7324-#7329 Dated 12-12-97 thru 12-17-97
$ 449,937.47 Checks #35380-#35500 Dated 12-23-97
$ 191,234.37 Checks #7330-#7340 Dated 12-18-97 thru 12-23-97
$ 100,969.49 Checks #35503-#35612 Dated 12-30-97
$ 7,899.35 Checks #7341-#7349 Dated 12-26-97 thru 12-29-97
$ 314.097.04 Checks #35615-#35696 Dated 1-7-98
$1,211,553.74 Total Accounts Payable
PAYROLL: $ 292,391.47 Payroll Checks and Direct Deposits Dated 12-26-97
$ 47,838.71 Payroll Deduction Checks #62808 -#62820 Dated 12-26-97
$ 340,230.18 Total Payroll
$1,551,783.92 GRAND TOTAL
2. Resolution of Appreciation Planning Commission -Barbara Ericson
Adopted the following Resolution:
98-Ol-Ol
JOINT RESOLUTION OF APPRECIATION -BARBARA ERICKSON
WHEREAS, Barbara Ericson has been amember ofthe Maplewood Planning Commission
since October 9, 1995 and has served faithfully in that capacity to the present time; and
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WHEREAS, the Planning Commission has appreciated her experience, insights and good
judgment and
WHEREAS, she has freely given of her time and energy, without compensation, for the
betterment of the City of Maplewood; and
WHEREAS, she has shown sincere dedication to her duties and has consistently
contributed her leadership, time and effort for the benefit of the City.
NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of
Maplewood, Minnesota and its citizens, that Barbara Ericson is hereby extended our heartfelt
gratitude and appreciation for her dedicated service, and we wish her continued success in the
future.
3. Planning Commission Reappointments
Reappointed Milo Thompson and Jack Frost to serve three-year terms on the Maplewood
Planning Commission, with their terms to expire December 31, 2000.
4. Century Ave. Improvements, Project 95-11: Schedule Assessment Hearing
Adopted the following Resolution:
98-O1-02
ORDERING ASSESSMENT ROLL HEARING -PROJECT 95-11, CENTURY SEWER
WHEREAS, the Clerk and the Engineer have, atthe direction of the Council, prepared an
assessment roll for the construction of Century Avenue Improvements, City Proj ect 95-11, and
the said assessment is on file in the office of the City Clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA:
1. A hearing shall be held on the 9th day of February, 1998, at the City Hall at
7:00 P.M. to pass upon such proposed assessment and at such time and place all
persons owning property affected by such improvement will be given an
opportunity to be heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the
proposed assessment to be published in the official newspaper, at least two
weeks prior to the hearing, and to mail notices to the owners of all property
affected by said assessment.
3. The notice of hearing shall state the date, time and place of hearing, the general
nature of the improvement, the area to be assessed, that the proposed
assessment roll is on file with the Clerk and that written or oral objections will
be considered.
5. Financial Transfers for Utility Billing
Authorized 1997 Budget transferstntaling $12,360 to the General Fundfromthe Sewer, Water
and Recycling Funds (1/3 each) as reimbursement for 1997 utility billing costs.
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6. 1998 Budget Adjustments -Park & Recreation Department
Authorized the following adjustments to the 1998 Park & Recreation Department Budget:
1) Pauline Staples- 20%to 101-601
50%to 602-611
30%to 206-603
2) Lisa Kelly- 100% to Recreation Enterprise Fund 206-603
3) Increase the budgettransferfrom $16,000 to $25,000 from the 206-603 Recreation Program Fund to
M.C.C. Enterprise Fund and allocate the increased $9,000 to 602-611.
4) Russ Schmidt- 100%to M.C.C. Administration 602-611.
7. Lawful Gambling Resolution: St. Jerome's Church for St. Jerome's Church
Adopted the following Resolution:
98-O1-03
AUTHORIZING LAWFUL GAMBLING - ST. JEROME'S CHURCH
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the
premises permit for lawful gambling is approved for St. Jerome's Church to operate at St.
Jerome's Church, 380 Roselawn Avenue East, Maplewood, Minnesota.
FURTHERMORE, that the Maplewood City Council waives any objection to the
timeliness of application for said permit as governed by Minnesota Statute §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 Minnesota Statute §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.
8. Lawful Gambling Resolution: St. Jerome's Church for Dean's Tavern
Adopted the following Resolution:
98-O1-04
AUTHORIZING LAWFUL GAMBLING - ST. JEROME'S CHURCH AT DEAN'S TAVERN
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the
premises permit for lawful gambling is approved for St. Jerome's Church to operate aY
Dean's Tavern, 1986 Rice Street, Maplewood, Minnesota.
FURTHERMORE, that the Maplewood City Council waives any objection to the
timeliness of application for said permit as governed by Minnesota Statute §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 Minnesota Statute §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.
9. Lawful Gambling Resolution: Merrick Companies for The Rock
Adopted the following Resolution:
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98-O1-OS
AUTHORIZING LAWFUL GAMBLING -MERRICK COMPANIES AT THE ROCK
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the
premises permit for lawful gambling is approved for Merrick Companies to operate at The
Rock, 2029 Woodlynn Avenue, Maplewood, Minnesota.
FURTHERMORE, that the Maplewood City Council waives any objection to the
timeliness of application for said permit as governed by Minnesota Statute §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 Minnesota Statute §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.
10. Lawful Gambling Resolution: Merrick Companies for Garrity's
Adopted the following Resolution:
98-O1-06
AUTHORIZING LAWFUL GAMBLING -MERRICK COMPANIES AT GARRITY'S
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the
premises permit for lawful gambling is approved for Merrick Companies to operate at
Garrity's, 1696 White Bear Avenue, Maplewood, Minnesota.
FURTHERMORE, that the Maplewood City Council waives any objection to the
timeliness of application for said permit as governed by Minnesota Statute §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 Minnesota Statute §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.
11. Personal Service License: Individual -Cody Gustafson
Approved issuance of a license to Cody Gustafson to work as a Personal Service Attendant
at the Elizabeth Arden Salon, 3001 White Bear Avenue.
12. Change of Manager: MGM Liquor Warehouse -Joseph G. Hudy
Approved issuance an off-sale liquor license to Joseph G. Hudy as the new manager at
M.G.M. Liquor Warehouse, 2950 White Bear Avenue.
13. Liquor License Application -Off-Sale: Allen A. Metcalf III
MOVED TO J. NEW BUSINESS, Item 4
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14. Pay Equity Implementation Report
Approved the Pay Equity Implementation Report as submitted.
15. Kolilman Overlook Lot Sale
Authorized staff to enter into a purchase agreement for the property identified as Lot 2,
Block 1, Kohlman Overlook Park, to James M. and Colleen M. Haase in the amount of
$48,000, with the monies to be credited to the Park Dedication Account.
G. PUBLIC HEARINGS
1. 7:00 P.M. (7:18 P.M.): Code Variation and Lot Division -Uracey (Beam Ave. and Hazelwood
St.)
a. Mayor Rossbach convened the meeting for a public hearing regarding a request from
Uracey, Inc. to divide a vacant property at the southeast corner of Beam Avenue and
Hazelwood Street into two lots.
b. Manager McGuire introduced the staff report.
c. Director of Community Development Coleman presented the specifics of the report.
d. Commissioner Milo Thompson presented the Planning Commission report.
e. Mayor Rossbach opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Jack Desai, owner of property
f Mayor Rossbach closed the public hearing.
g. Councilmember Carlson introduced the following Resolution and moved its adoption:
98-O1-07
DRIVEWAY AGREEMENT
WHEREAS, Mr. Jaok Desai, representing Uracey, Inc., is asking that the City approve a code
variation to divide a vacant property south and east of 1560 Beam Avenue into two lots;
WHEREAS, the legal description of the property is:
The Northwest Quarter of the Northwest Quarter of the Southeast Quarter of
Section 3, Township 29, Range 22, Ramsey County, Minnesota, except the South
75.00 feet of the West 83.20 feet and except the following:
That part of the North 492.00 feet of the West 395.00 feet of the Northwest
Quarter of the Southeast Quarter of Section 3, Township 29, Range 22, Ramsey
County, Minnesota, lying northerly, northeasterly, and southeasterly of the
following described line:
Commencing at the northwest corner of said Northwest Quarter of the Southwest
Quarter of Section 3; thence South 00 degrees 28 minutes 21 seconds East,
assumed bearing, along the west line of said Northwest Quarter of the Southeast
Quarter a distance of 239.62 feet to the point of beginning of the line to be
described; thence South 80 degrees O1 minute 09 seconds East 52.95 feet; thence
South 84 degrees 16 minutes 09 seconds East a distance of 111.00 feet; thence
easterly a distance of 39.02 feet along a tangential curve concave to the southwest
1-12-98 6
having a radius 72.12 feet and a central angle of 31 degrees 00 minutes 00
seconds; thence South 53 degrees 16 minutes 09 seconds East tangent to said
curve a distance of 90.00 feet; thence southeasterly and southerly a distance of
44.92 feet along a tangential curve concave to the southwest having a radius of
51.47 feet and a central angle of 50 degrees 00 minutes 00 seconds; thence South
03 degrees 16 minutes 09 seconds East tangent to said curve a distance of 37.89
feet; thence South 31 degrees 46 minutes 00 seconds West a distance of 107.76
feet to the south line of the north 492.00 feet of said Northwest Quarter of the
Southeast Quarter.
and also except the following:
That part of the north 492 feet of the Northwest Quarter of the Northwest Quarter
of the Southeast Quarter of Section 3, Township 29, Range 22, Ramsey County,
Minnesota, lying easterly of the west 395 feet thereof. Subject to streets and
avenues of record. (1580 Beam Avenue).
WHEREAS, Section 30-8(f)(4) of the City Code requires all lots to abut on a publicly dedicated
and maintained street.
WHEREAS, the proposed Parcel Two would not front on apublicly-maintained street.
WHEREAS, the history of this request is as follows:
1. The Planning Commission discussed this request on December 15, 1997. They
recommended that the City Council approve the request.
2. The City Council discussed this request on January 12, 1998. The council gave
everyone at the meeting a chance 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 allow the lot division for the
above-described property with the following conditions:
1. The legal description for the lot division shall follow the plan shown on page 8 of the
December 16, 1997 staff report. The Director of Community Development may
approve minor changes.
2. Record the following with Ramsey County:
a. A permanent 30-foot-wide street and access easement between the
landlocked parcel and Beam Avenue. The alignment shall be as shown on
the staff site plan on page 8 of the December 16, 1997 staff report. The
Director of Community Development may approve minor alignment
changes.
b. A permanent wetland protection buffer easement. This easement shall be
prepared by a land surveyor, shall describe the boundary of the buffer for the
area within 25 feet of the wetland and shall prohibit any building, mowing,
cutting, filling or dumping within the buffer. The applicant shall record the
deed for this easement before the City will issue a building permit.
c. A 100-foot-wide (50 feet on each side) permanent stream protection buffer
easement. This easement shall be prepared by a land surveyor, shall describe
the boundary of the buffer and shall prohibit any building, mowing, cutting,
filling or dumping within the buffer. The applicant shall record the deed for
this easement before the city will issue a building permit.
d. An agreement against the property that:
1) Holds the City harmless from any liability for using the private
driveway or any delay in emergency vehicles finding the
structure(s).
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2) States that the property owners shall maintain, plow and sand this
driveway to the satisfaction of the Police Chief and Fire Chief.
The City Attorney shall prepare this agreement. The property owner shall pay for
the attorney's costs.
The property owner shall record all the above items before the City issues a
building permit and shall provide the City with copies of all recorded documents.
3. Install a sign at Beam Avenue and the driveway that states the address of the future
structure(s).
4. Inform the buyers of the landlocked parcel that they shall provide a fire hydrant on the lot
and that they shall provide a place for fire apparatus to turn around on the site.
Seconded by Councilmember Koppen Ayes - all
H. AWARD OF BIDS
NONE
I. UNFINISHED BUSINESS
1. Marisa's New Owner/Manager -Tim Neppl Introduction to Council
a. Manager McGuire introduced the staff report.
b. Mayor Rossbach asked if anyone wished to speak before the Council regarding this
matter. The following person was heard:
Tim Neppl, Manager of Marisa's, 2289 East Minnehaha Avenue
c. No action was taken, as Mr. Neppl's license was approved on December 22m 1997,
contingent upon his attendance at this meeting to meet the Council as has been past
precedence with new liquor license holders.
J. NEW BUSINESS
1. Revision of Plat Condition -Amber Hills Fourth Addition (Timber Court)
a. Manager McGuire introduced the staff report.
b. Director of Community Development Coleman presented the specifics of the report.
a Mayor Rossbach asked if anyone wished to speak before the Council regarding this matter. No
one appeared.
d. Councilmember Koppen moved to deny the request to change the condition of
a royal relatin to Amber Hills Fourth Addition and to re uire the develo er to
install the eight-foot-wide bituminous trail and fencing between Lots 11 an 12, Block
1, Amber Hills Fourth Addition as originally required by the City Council.
Seconded by Councilmember Carlson Ayes - all
2. Council Policy and Procedures Manual
1-12-98 8
a. Manager McGuire introduced the staff report.
b. Councilmember Koppen moved to adopt the revised Policy and Procedure Manual as
changed during the CounciUManager Workshop held on January 5. 1998.
Seconded by Councilmember Carlson Ayes - all
3. 1998 Appointments
a. Manager McGuire introduced the staff report.
b. Assistant to the City Manager Busse presented the specifics of the report.
a Mayor Rossbach asked if anyone wished to speak before the Council regarding this matter. No
one appeared.
d. Councilmember Koppen moved the followine annointments for 1998:
City Attorney Patrick Kelly
Bannigan & Kelly
Same Rate as 1997:
$80/hr--civil
$95/hr--litigation
Prosecuting Attorney Martin Costello
Hughes & Costello
Same Rate as 1997:
$4,750 monthly retainer
$ 500/month expense cap
Municipal Legislative Commission Sherry Allenspach
(Meets quarterly, Wednesday P. M.) Michael McGuire
Ramsey Co. League of Local Governments George Rossbach
(Meets fourth Thursday evening) Sherry Allenspach (Alt.)
Ramsey/Washington Suburban Cable Comm. Dale Carlson
(Meets second Thursday, 5:00 P.M.) Michael McGuire (Alt.)
N.E.S.T. Sherry Allenspach
Marvin Koppen
Suburban Rate Authority Marvin Koppen
(Meets first month of quarter) Tim Busse (Alt.)
St. Paul Water Treatment Plant No appointment made -
Advisory Board) will not participate
(Meets as needed)
St. Paul Water Utility Board Kevin Kittridge
of Commissioners
(Meets second Tuesday, 5:00 P.M.)
Suburban Area Chamber of Commerce Councilmember Koppen
Melinda Coleman (Alt.)
The Partnership Dale Carlson
(Meets second Tuesday, 7:00 A.M.) Police Chief Ryan
Metro East Development Partnership Marvin Koppen
Melinda Coleman (Alt.)
1-12-98 9
Joint Ice Arena Board Sherry Allenspach
George Rossbach
Official Newspaper Maplewood Review
Acting Mayor Dale Carlson
Seconded by Councilmember Carlson Ayes - all
4. Liquor License Application -Off-Sale: Allen A. Metcalf III
Moved from Consent Agenda)
a. Manager McGuire introduced the staff report.
b. Mayor Rossbach asked if anyone wished to speak before the Council regarding this
matter. The following person was heard:
Allen A. Metcalf, III, the applicant
c. Councilmember Allenspach moved to approve issuance of an off-sale liquor license to
Allen A. Metcalf III, for the Maplewood Liquor Warehouse to be built at 1261 East
Highway 36, neat to A. A. Metcalf Moving and Storage Company. This license will
be null and void if the building plans are not approved by the Community Design
Review Board and the Council.
Seconded by Councilmember Rossbach Ayes - all
K. VISITOR PRESENTATIONS
1. Brad Koppen, 1646 Demont Ave. E
a. Brad Koppen, representing Troop 73, asked questions of the Council.
L. COUNCIL PRESENTATIONS
NONE
M. ADMINISTRATIVE PRESENTATIONS
NONE
N. ADJOURNMENT
Councilmember Carlson moved for adjournment at 7:47 P.M.
Seconded by Councilmember Allenspach Ayes - all
1-12-98 10
Karen Guilfoile, City Clerk
1-12-98 11