HomeMy WebLinkAbout08-09-1999 MINUTES MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, August 9, 1999
Council Chambers, Municipal Building
Meeting No. 99-17
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 Rossbach.
B. PLEDGE OF ALLEGIANCE:
C. ROLL CALL:
George Rossbach, Mayor Present
Sherry Allenspach, Councilmember Present
Dale H. Carlson, Councilmember Present
Kevin Kittridge, Councilmember Present
Marvin C. Koppen, Councilmember Absent
D. APPROVAL OF MINUTES:
Councilmember Kittridge moved to approve the minutes of the CounciUManager Worksho~(July 6. 1999) as
presented/corrected.
Seconded by Councilmember Allenspach Ayes -all
Councilmember Allenspach moved to approve the minutes of Meeting No. 99-16 (July 26. 1999) as
presented/corrected.
Seconded by Councilmember Kittridge Ayes -all
E. APPROVAL OF AGENDA:
Mayor Rossbach moved to approve the Agenda as amended.
M-2. Randy Kelly Letter
Seconded by Councilmember Carlson Ayes -all
F. APPOINTMENTS/PRESENTATIONS:
NONE
G. CONSENT AGENDA:
8-9-99 1
Councilmember Carlson moved to approve the Consent Agenda as presented.
Seconded by Kittridge Ayes -all
1. Approval of Claims
ACCOUNTS
PAYABLE
$3,967.38 Checks #7991 thru #7995 dated 7-19 thru 7-23-99
$322,515.00 Checks #44887 thru #44982 dated 7-27-99
$38,152.40 Checks #7996 thru #8005 dated 7-23 thru 7-29-99
$317,426.70 Checks #44985 thru #45099 dated 8-3-99
$682,061.48 Total Accounts Payable
PAYROLL
$435,188.08 Payroll Checks and Direct Deposits dated 7-23-99
$22,103.86 Payroll Deduction check #73370 thru #73376 dated 7-23-99
$457,291.94 Total Payroll
$1,139,353.42 GRAND TOTAL
2. Budget Change -Crack SeaUSeal Coat
Approved a budget adjustment of $40,000 for the overlay and seal coat program for this year.
3. Budget Adjustment -State Aid Street Construction Account
Authorized a budget transfer in the state aid street construction account of $14,000 to allow for reconstruction
of the retaining wall at the northwest corner of Beam Avenue and Bellaire Avenue.
4. Budget Transfer -Human Resources Information System
Authorized a budget transfer of $13,500 to finance the purchase of Human Resources Information System
Software and related costs with the understanding that the 2000 budget will be decreased by the same amount.
5. Budget Transfer -Police Officer Administrative Testing Fee
2
8-9-99
Authorized a budget transfer of $460 to police officer testing costs.
6. Prosecuting Attorney Contract
Approved Bannigan and Kelly for prosecuting services on October 1, 1999.
7. Temporary Gambling -Hill Murray School
Adopted the following resolution authorizing temporary lawful gambling for Hill Murray School.
99 - 08 - 072
RESOLUTION AUTHORIZING TEMPORARY LAWFUL GAMBLING
Hill-Murray School at Hill-Murray School, 2625 Larpenteur Avenue East
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for
temporary lawful gambling is approved for Hill-Murray School to operate at the Hill-Murray School, 2625
Larpenteur 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 and the City allows the Board to issue a permit before 30 days.
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. Temporary Gambling -United Cerebral Palsy of Minnesota
Adopted the following resolution authorizing temporary lawful gambling for United Cerebral Palsy of
Minnesota.
99 - 08 - 073
RESOLUTION AUTHORIZING TEMPORARY LAWFUL GAMBLING
United Cerebral Palsy of Minnesota at Champps Restaurant, 1734 Adolphus Street
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for
temporary lawful gambling is approved for United Cerebral Palsy of Minnesota to operate at Champps
Restaurant, 1734 Adolphus 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 and the City allows the Board to issue a permit before 30 days.
3
8-9-99
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. Budget Adjustment -Fire Department Air Conditioning Unit
Accepted a bid from Acclaim Services in the amount of $6,210 for the replacement of the air-conditioning unit
at Hazelwood Fire Station and authorized a budget transfer of $6,210 to cover the expenses.
H. PUBLIC HEARINGS:
1. 7:00 P.M. Excel Systems Expansion (2075 Prosperity Road)
- Conditional Use Permit
- Design Approval
a. Mayor Rossbach convened the meeting for a public hearing.
b. Manager McGuire introduced the staff report.
c. Associate Planner Ekstrand presented the specifics of the report.
d. Commissioner Dale Trippler presented the Planning Commission report.
e. Boardmember Ananth Shankar presented the Community Design Review Board report.
f Mayor Rossbach opened the public hearing, calling for proponents of opponents. The
following persons were heard:
Alma Fitzloff, 6222 Cheshire Lane, Maple Grove
Garth Ristow, Langer Construction, 54 Moreland Ave, St. Paul
g. Mayor Rossbach closed the public hearing.
Councilmember Carlson introduced the following Resolution approving a conditional use permit fora 7,570-
square-foot addition for the business at 2075 Prosperity Road. and moved its adoption:
99-08-074
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Alma Fitzloff, representing Excel Air Systems, requested a conditional use permit to build a 7,570-
square-foot addition on an existing building closer than 350 feet to a residential district. This building is located at 2075
Prosperity Road. The legal description is:
DESCRIPTIONS OF EXISTING THREE PARCELS
A. NORTHERLY PARCEL (per deed Doc. No. 1870889)
Lot three (3), Block seven (7), SABIN GARDEN LOTS, except the West 139.9 feet and except the North 151.6 feet
and except that part thereof described as follows: Commencing at a point on the North line of said Lot Three (3) a
distance of 139.9 feet East of the Northwest corner thereof, thence South parallel to the West line of said Lot Three
4
8-9-99
(3), a distance of 151.6 feet to the actual point of beginning; thence East parallel to the North line of said Lot Three
(3), a distance of 85.1 feet; thence South parallel to the West line of said Lot Three (3) a distance of 90 feet; thence
Southeasterly parallel to the South line of said Lot Three (3), to the Westerly line of Prosperity Avenue, thence
Southwesterly along the Westerly line of Prosperity Avenue to the Southeast corner of said Lot Three (3); thence
Westerly along the Southerly line of Lot Three (3), 142.5 feet; thence North 226.9 feet to the point of beginning.
B. SOUTHERLY PARCEL (per deed Doc. No. 2528031)
That part of Lot 3, Block 7, SABIN GARDEN LOTS, lying Southerly of the following described line: Commencing
at a point 139.90 feet East of the West line of said Lot 3 and 151.60 feet South of the North line of said Lot 3; thence
South along a line 139.90 feet East of and parallel with the West line of said Lot 3 a distance of 92.32 feet to the
point of beginning of line to be described; thence Easterly deflecting to the left 81° 38' 25" a distance of 138.38 feet;
thence Southeasterly deflecting to the right 12° 20' 00" a distance of 84.00 feet more or less to a point on the
Southeasterly line of said Lot 3 distant 125.58 feet Northeasterly of the Southeast corner of said Lot 3 and there
terminating.
C. REMNANT/NIIDDLE PARCEL (no document found -description prepared by Sunde Land Surveying,
LLC.)
That part of Lot 3, Block 7, SABIN GARDEN LOTS, according to the recorded plat thereof, Ramsey County,
Minnesota, lying easterly of the west 139.9 feet of said Lot 3 and lying southerly of a line described as commencing
at a point on the north line of said Lot 3 distant 139.9 feet east of the northwest corner thereof; thence south, parallel
with the west line of said Lot 3, a distance of 151.6 feet to the point of beginning of the line to be described; thence
east, parallel with the north line of said Lot 3, a distance of 85.1 feet; thence south, parallel with the west line of said
Lot 3, a distance of 90.0 feet; thence southeasterly, parallel with the south line of said Lot 3, to the southeasterly line
of said Lot 3 and said line there terminating, Except that part of said Lot 3 lying southerly of the following described
line: Commencing at a point 139.90 feet East of the West line of said Lot 3 and 151.60 feet South of the North line
of said Lot 3; thence South along a line 139.90 feet East of and parallel with the West line of said Lot 3 a distance of
92.32 feet to the point of beginning of line to be described; thence Easterly deflecting to the left 81° 38' 25" a
distance of 138.38 feet; thence Southeasterly deflecting to the right 12° 20' 00" a distance of 84.00 feet more or less
to a point on the Southeasterly line of said Lot 3 distant 125.58 feet Northeasterly of the Southeast corner of said Lot
3 and there terminating.
PROPOSED DESCRIPTION OF COMBINED THREE PARCELS
That part of Lot 3, Block 7, SABIN GARDEN LOTS, according to the recorded plat thereof, Ramsey County,
Minnesota, lying easterly of the west 139.9 feet and lying southerly of the north 151.6 feet of said Lot 3.
WHEREAS, the history of this conditional use permit is as follows:
1. On July 19, 1999, the planning commission recommended that the city council approve this permit.
2. On August 9, 1999, 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 from the city staff
and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use 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.
5
8-9-99
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 run-off, 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. All construction shall follow the site plan approved by the city.
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 deadline for one year.
3. The city council shall review this permit in one year.
4. Storage outside the building is prohibited unless allowed by the city council.
5. The hours that business may generate noise that can be heard off-site are: 7 a.m. to
7 p.m., Monday -Friday and 8 a.m. to 12 noon Saturday.
Seconded by Councilmember Kittridge Ayes - Councilmembers Kittridge, Carlson,
Allenspach
Nays -Mayor Rossbach
Councilmember Carlson moved to approve the plans date-stamped June 23, 1999 for the 7,570-square-foot
addition to Excel Air Systems. 2075 Prosperity Road. Approval is subject to the following conditions:
1. Repeat this review in two years if the city has not issued a building permit for this project.
2. The applicant shall complete the following before occupying the building:
a. Provide continuous concrete curbing around the perimeter of the proposed parking lot and
driveway.
b. Screen any new rooftop mechanical equipment that would be visible from residential
properties. (code requirement)
c. An inground lawn-irrigation system shall not be required for the landscaping since the site is
6
8-9-99
landscaped now and is well maintained.
d. Provide site-security lighting as required by the code. The light source, including the lens
covering the bulb, shall be concealed so not to cause any nuisance to drivers or neighbors.
The applicant shall submit a lighting plan to staff for approval. (code requirement)
e. Install a handicap parking sign for the handicap parking space. The handicap space must
comply with ADA requirements. This space must be van accessible.
£ Construct a trash dumpster enclosure to match the building with a 100 percent opaque gate.
(code requirement)
3. 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 200 percent of the cost of the unfinished work. Any unfinished landscaping
shall be completed by June 1 if the building is occupied in the fall or winter or within six
weeks if the building is occupied in the spring or summer.
4. All work shall follow the approved plans. The director of community development may approve
minor changes.
Seconded by Councilmember Kittridge Ayes -all
I. AWARD OF BIDS
NONE
J. UNFINISHED BUSINESS
NONE
K. NEW BUSINESS
1. Amendments to Cable Franchise Agreement - Exhibits A & E
a. Manager McGuire introduced the staff report and presented the specifics of the report.
Councilmember Carlson moved to approve Exhibits A and E of the Cable Television Franchise Agreement with
Media One and adopt each in the form hereby submitted by the commission attorneys.
Seconded by Councilmember Kittridge Ayes -all
2. Date Change -Council Manager Workshop
7
8-9-99
a. Manager McGuire introduced the staff report and presented the specifics of the report.
Councilmember Carlson moved to reschedule the September CounciUManager Workshop meeting to Tuesday,
September 7, 1999 at the regular start time of 5:00 P.M.
Seconded by Councilmember Ayes -all
3. Resolution Postponing the Sale of 1999 Improvement Bonds
a. Manager McGuire introduced the staff report.
b. Finance Director Faust presented the specifics of the report.
c. Mayor Rossbach opened the public hearing, calling for proponents of opponents. The
following person(s) were/was heard:
Councilmember Kittridge moved to approve the following resolution which postpones the sale of the 1999
General Obligation Improvement Bonds until 9-27-99.
99-08- 075
RESOLUTION
POSTPONING THE COMPETITIVE NEGOTIATED SALE OF $940,000 GENERAL OBLIGATION
IMPROVEMENT BONDS, SERIES 1999A
WHEREAS, on July 26, 1999, the City Council of the City of Maplewood, Minnesota (the "City',
adopted a resolution (the "Resolution's which provided for the competitive negotiated sale of its $940,000
General Obligation Improvements Bonds, Series 1999A (the "Bonds") to finance the construction of various
improvements projects within the City; and
WHEREAS, because the City may soon be issuing its general obligation tax increments bonds, it
has hereto fore been determined and declared to be more expedient to sell both issues on the same day; and
WHEREAS, it has therefore been determined that (I) the date of receiving, opening and tabulating
proposals, and considering the sale of the Bonds for award should be postponed to September 27, 1999, and (ii)
the date of original issue of the Bonds should be revised to October 1, 1999; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood,
Minnesota, as follows:
1. Amendment The "Terms of Proposal" attached to the Resolution as Exhibit A is hereby amended as
follows (I) the date of receiving, opening and tabulating proposals, and considering the Bonds for award is
changed from August 19, 1999 to September 27, 1999; and (ii) the date of original issue of the Bonds is hereby
changed from September 1, 1999 to October 1, 1999.
2. Amended Terms of Proposal. A copy of the Terms of Proposal, as amended, is attached hereto as
Exhibit A.
8
8-9-99
3. Remain in Full Force and Effect. All other terms and conditions of the Resolution, except as herein
amended, shall remain in full force and effect.
Seconded by Councilmember Carlson Ayes -all
L. VISITOR PRESENTATIONS
NONE
M. COUNCIL PRESENTATIONS
1. Mayor's Mailbox -Mayor Rossbach thanked city staff that helped make National Night Out a success.
2. Randy Kelly letter -Councilmember Carlson expressed his offense by the actions and statements from
Senator Kelly on the White Bear Avenue Development Collaborative.
N. ADMINISTRATIVE PRESENTATIONS
1. Referendums -City Manager McGuire gave an update on the referendums and informed Council that in
the near future a sample "informational" brochure will be brought to the Council.
O. ADJOURNMENT
Councilmember Kittridge moved to adjourn the meeting at 7:43 P. M.
Seconded by Councilmember Carlson Ayes -all
Karen E. Guilfoile, City Clerk
9
8-9-99