HomeMy WebLinkAbout01-10-2000 MINUTES MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, January 10, 2000
Council Chambers, Municipal Building
Meeting No. 00-01
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 Cardinal.
B. PLEDGE OF ALLEGIANCE:
C. ROLL CALL:
Robert Cardinal, Mayor Present
Sherry Allenspach, Councilmember Present
Kenneth V. Collins, Councilmember Present
Marvin C. Koppen, Councilmember Present
Julie A. Wasiluk, Councilmember Present
D. APPROVAL OF MINUTES:
Councilmember Allenspach moved to approve the minutes of Meeting No. 99-28 (December 27.1999) as
presented.
Seconded by Councilmember Koppen Ayes -Mayor Cardinal, Councilmembers
Allenspach and Koppen
E. OATH OF OFFICE
Kenneth V. Collins and Julie A. Wasiluk, Councilmembers, were sworn in by City Clerk Karen Guilfiole.
F. APPROVAL OF AGENDA:
Mayor Cardinal motioned to move to Visitor Presentations to the beginning of the meeting_
Seconded by Councilmember Collins Ayes -all
G. APPOINTMENTS/PRESENTATIONS:
a. Manager McGuire introduced the staff report and announced that Abby Wells-Herzog and
Philip Sherwood have withdrawn their applications for three-year terms on the Human
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Relations Commission.
VISITOR PRESENTATIONS (moved by vote for tonights meeting)
1. Kathy Juenemann, 721 Mount Vernon Avenue, congratulated the new City Council.
H. CONSENT AGENDA:
Councilmember Koppen moved to approve the Consent Agenda Items H1 thru H-8 and H10 as presented and
pull the Consent Agenda Item H-9 for a separate vote.
Seconded by Councilmember Allenspach Ayes -all
1. Approval of Claims
ACCOUNTS
PAYABLE
$135,519.69 Checks #47629 thru #47735 dated 12-28-99
$105,447.55 Disbursements via debits to checking account
dated 12-21 thru 12-27-99
$40,887.82 Checks #8184 thru #8194 dated 12-17 thru 12-30-99
$280,110.04 Checks #47738 thru #47832 dated 01-04-00
$72,839.72 Disbursements via debits to checking account
dated 12-28 thru 12-31-99
$634,804.82 Total Accounts Payable
PAYROLL
$305,152.67 Payroll Checks and Direct Deposits dated 12-23-99
$22,812.06 Payroll Deduction check #76030 thru #76036 dated 12-23-99
$327,964.73 Total Payroll
$962,769.55 GRAND TOTAL
2. Squad Car Purchase
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Approved the purchase of replacement vehicles.
3. 2000 Animal Control Services Contract
Approved the 2000 Animal Control Service Contract with Animal Control Services, Inc.
4. Joint Powers Agreement Between City of Oakdale and City of Maplewood Regarding the Operation of
Skyview Pool and Tanners Beach
Authorized City Manager and Mayor to enter into the Joint Powers Agreement between the City of
Oakdale and the City of Maplewood regarding the operation of Skyview Pool and Tanners Beach for the
calendar year 2000.
5. Park and Recreation Commission Appointments
Approved appointment of Donald Christianson, Audrey Duellman and Rick Brandon to three-year terms on the
Maplewood Parks and Recreation Commission.
6. Resolution of Appreciation for Clayton Qualley
Adopted the following Resolution:
00-O1-001
RESOLUTION OF APPRECIATION
WHEREAS, Clayton Qualley has been a member of the Maplewood Police Civil Service Commission
since February 1985 and has served faithfully in that capacity; and
WHEREAS, the Police Civil Service Commission has appreciated his experience, insight and good
judgement; and
WHEREAS, Mr. Qualley has freely given of his time and energy, without compensation, for the
betterment of the City of Maplewood; and
WHEREAS, Mr. Qualley has shown dedication to his duties and has consistently contributed his
leadership and effort for the benefit of the City.
NOW, THEREFORE, BE IT RESOLVED, that on behalf of the City of Maplewood, Minnesota, and its
citizens that Clayton Qualley is hereby extended our heartfelt gratitude and appreciation for his dedicated
service. We wish him continued success in the future.
7. Intoxicating Liquor License -Change of Manager -Keller Golf Clubhouse
Approved change of manager -liquor license application for Patricia M. Belde to be used at Keller Clubhouse,
2166 Maplewood Drive.
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8. Intoxicating Liquor License Annual Renewals - On Sale
Adopted the following Resolution:
00-O1-002
RESOLUTION
RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY,
MINNESOTA, that the following On-Sale Liquor Licenses, having been previously duly issued by this
Council, are hereby approved for renewal for one year, effective January 2000, with approval granted herein
subject to satisfactory results of required Police, Fire and health Inspections:
Robert James Selander Colleen Danford Suzanne Schilling
AMF Maplewood Lanes Ciatti's Italian Restaurant Suzanne~s Cuisine
1955 English Street 1900 E. County Road D 2100 White Bear Avenue
Kimberly Joy Macynski Paul J. Mateyka, Jr. Brian Meyer
Applebee's Deans, Ina The Bird
2112 Maplewood Mall 1986 Rice Street 3035 White Bear Avenue
3001 White Bear Avenue
Raymond R. Emerfoll Thomas Hecker
Eugene A. Beaulieu Garrity's The Olive Garden
Beau's Food & Spirits 1696 White Bear Avenue 1749 Beam Avenue
2289 E. Minnehaha
Michael Gengler Peter Cappelletti
Stephen Yantes Gulden's The Rock
Bleechers 2999 N. Highway 61 2029 Woodlyn Avenue
2220 White Bear Avenue
Patricia Belde Club On-Sale
Ronald Ringling Keller Clubhouse Harlan Johnson
Best Western-Maplewood Inn 2166 Maplewood Drive Loyal Order of Moose 963
1730 E. County Road D 1946 English Street
Stephen Parr
Tom McDonough Outback Steakhouse Wine On-Sale
Chalet Lounge 1770 Beam Avenue Balbir Singh
1820 Rice Street Taste of India
Gerry Walton 1745 Cope Avenue
Judith Landreville Red Lobster
Champp's 2925 White Bear Avenue Kin Phing Lee
1734 Adolphus Singapore Chinese Cuisine
Gregory Kuhns 1715-A Beam Avenue
Dale Naasz Smiley~s D.G. Burger
Chi-Chi's Restaurants 2425 Highway 61
3069 White Bear Ave
Cheri Ottem
Steve Shirvinski Stargate Bar & Danceclub
Chili's Restaurants 1700 Rice Street
Southlawn & Beam
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10. Temporary Liquor License -Church of the Presentation of the Blessed Virgin Mary
Approved the application for a temporary liquor license for Kathleen Yzermans, Church of the Presentation of
the Blessed Virgin Mary, for 2-12-2000, and waived the standard procedure of being named as certificate
holder on the insurance policy and accepted the City as being additionally insured for the requested dates.
Councilmember Collins moved to approve the Consent Agenda Item H9 as presented.
9. Intoxicating Liquor License Annual Renewals -Off Sale
Adopted the following Resolution:
00-O1-003
RESOLUTION
RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY,
MINNESOTA, that the following Off-Sale Liquor Licenses, having been previously duly issued by this
Council, are hereby approved for renewal for one year, effective January 1, 2000, with approvals granted herein
subject to satisfactory results of required Police, Fire and health inspections:
Todd Norman Joseph Hurdy
A-1 Liquor, Inc. M.G.M. Liquors Warehouse
19 North Century Avenue 2950 White Bear Avenue
Arthur Mark Stein Marvin C. Koppen
Laber's Liquors Party Time Liquor
1700 D Rice Street 1835 E. Larpenteur Ave.
Wendy Lauber Christopher Sarrack
Maplewood Wine Cellar Sarrack's International Wine & Spirits
1281 Frost Avenue 2305 Stillwater Road
Seconded by Councilmember Wasiluk Ayes -Mayor Cardinal, Councilmembers
Allenspach, Collins and Wasiluk
Abstain -Councilmember Koppen
L PUBLIC HEARINGS:
1. 7:00 P.M. Tilsen Neighborhoods Streets, Project 99-05
a. Mayor Cardinal convened the meeting for a public hearing.
b. Manager McGuire introduced the staff report.
c. City Attorney Kelly explained the procedure for public hearings.
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d. Assistant City Engineer Cavett presented the specifics of the report.
e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Don Ladmire, 3010 North Chippewa Court
Dale Coocher, 3002 Lakewood Drive
Bunny Brueggeman, 3038 North Lakewood Drive
£ Mayor Cardinal closed the public hearing.
Councilmember Koppen introduced the following Resolution and moved its adoption:
00-O1-004
RESOLUTION ORDERING IMPROVEMENT AFTER PUBLIC HEARING
WHEREAS, a resolution of the city council adopted the 27th day of December, 1999, fixed a date for a
council hearing on the proposed street improvements of the Tilsen North Neighborhood Streets (Bartelmy Lane
North, Brenner Avenue North, Brenwood Curve, Chippewa Court North, Lakewood Drive North, and Meyer
Court North), City Project 99-05,
AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and
the hearing was duly held on January 10, 2000, 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 make improvements on Tilsen North Neighborhood Streets, City Project 99-05.
2. Such improvement is hereby ordered as proposed in the council resolution adopted the 27th day of
December, 1999.
3. The city engineer is designated engineer for this improvement and is hereby directed to prepare final
plans and specifications for the making of said improvement.
4. The finance director is hereby authorized to make the financial transfers necessary to implement the
financing plan for the project. A project budget of $239,500 shall be established. The proposed financing plans
is as follows:
Assessments $130,200
City contribution 109.300
Total $239,500
Seconded by Councilmember Allenspach Ayes - Councilmembers Allenspach, Collins,
Koppen and Wasiluk
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Nays -Mayor Cardinal
2. 7:20 P.M. Comprehensive Land Use Plan Amendment, Conditional Use Permit and Code
Amendment -Woodland Hills Church (1740 Van Dyke Street and 1847 Larpenteur
Avenue)
a. Mayor Cardinal convened the meeting for a public hearing.
b. Manager McGuire introduced the staff report.
a Community Development Director Coleman presented the specifics of the report.
d. Matt Ledvina presented the Planning Commission Report.
e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Greg Boyd, Woodland Hills Church Senior Pastor, Vadnais Heights, MN
Presented Woodland Hills Church Proposal
Bob Cutshall, Woodland Hills Church Building Committee Chair, Eden Prairie, MN
Presented Woodland Hills Church Proposal
William Holmgren, 934 East County Road C, tender of Woodland Hills Church
Amy Watson, 1020 Bartemy Lane
Leslie J. Lane, 1707 Stanich Place
Charles Fenrick, 2449 Elkhart Lane
Peggy Clark, 2140 Duluth Place
Ed Frickson, 64 Farrell Street
Bill Adams, 1126 Lealand Road
Trinh Tranberg, 1018 Dennis Street South
Huyen Tranberg, 1018 Dennis Street South
Mary Anderson, 2023 Clark Street
Jay and Gail Swenson, 1780 McMenemy
Debbie Dean, 2231 McAfee Circle
Kevin Halweg, 2234 McAfee Circle
Jeff Carter, 1754 Edgerton Street
Dan and Cheryl Wuerch, 816 Belmont Lane
Eileen Okeefe, 2325 East Maryland Avenue
David Endrizzi, 2253 Kenwood Court
Dave Libra, 120 South 6th Street, Minneapolis, MN, Attorney for Property Owners
Karl Yeager, 4206 Multifoods Two, Minneapolis, Law Firm representing Kmart
Dick Pearson, 1109 Crestview Dr., Hudson, WI, owner-Rolling Hills Mobile Home Park
Chuck Repke, 1961 Sherwood, District 2 Community Council
Joe Flemming, 5040 Lake Elmo Avenue, Lake Elmo, MN
Gary Unger, 1847 East Idaho Avenue, St. Paul, MN
Mike Cerney, 1941 Larpenteur Avenue
Jeanne Ewald, 1744 Ruth Street
Ben Fagerlie, 504 Skillman Avenue East
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Patrick Wiggin, 504 Skillman Avenue East
Greg Boyd, Woodland Hills Church Senior Pastor (Second Appearance)
Kathy Juenemann, 721 Mount Vernon
Shay Packanen, 1749 East County Road C
Leslie Lane, 1707 Stanich Place (Second Appearance)
Greg Sole, Attorney for Woodland Hills Church (Second Appearance)
Dave Libra, 120 South 6th Street, Minneapolis, MN, Attorney for Property Owners (Second
Appearance)
£ Mayor Cardinal closed the public hearing.
Councilmember Wasiluk introduced the followine_ Land Use Plan Chane_e Resolution and moved for its
adoption:
00-O1-005
LAND USE PLAN CHANGE RESOLUTION
WHEREAS, Woodland Hills Church applied for a change to the city's land use plan from BC (Business Commercial)
to C (Church).
WHEREAS, this change applies to the properties located a 1740 Van Dyke Street and 1847 Larpenteur Avenue. The
legal description is:
Parcel I:
That parcel of land lying in the County of Ramsey and State of Minnesota, described as follows, to wit:
All that part of the Northwest Quarter of the Southwest Quarter (NW 1/4 of SW 1/4) of Section Fourteen (14),
Township Twenty-rune (29), Range Twenty-two (22), lying Southerly of the North St. Paul Road and lying
Southwesterly of the following described line:
Commencing at the Southeast corner of said Northwest Quarter of the Southwest Quarter (NW 1/4 of SW 1/4);
thence West One Hundred Twenty (120) feet along the South line thereof to the place of beginning of the line herein
to be described; thence along a line bearing North Forty-seven (47) degrees, Twenty-two (22) minutes West to the
Southerly right-of--way line of the North St. Paul Road and there terminating.
Also:
That part of the East Half of the Southwest Quarter of the Southwest Quarter (E • rof SW 1/4 of SW 1/4) of Section
Fourteen (14), Township Twenty-rune (29), Range Twenty-two (22), lying Southeasterly of North St. Paul Road (so-
called); except that part of the South Two Hundred Thirty-three (233) feet lying East of the West One Hundred
Eighty-three (183) feet; and further excepting that part of said East Half of the Southwest Quarter of the Southwest
Quarter (E • rof SW 1/4 of SW 1/4), lying Northwesterly of the following described line:
Commencing at a point on the East line of said Southwest Quarter of the Southwest Quarter (SW 1/4 of SW 1/4),
One Hundred Ten (110) feet South of the Northeast corner thereof; thence running to a point on the North line of
said Southwest Quarter of the Southwest Quarter (SW 1/4 of SW 1/4), One Hundred Twenty (120) feet West of the
Northeast corner thereof. Subject to public easements over the East Thirty-three (33) feet thereof for North Hazel
Street; the West Thirty-three (33) feet thereof for Van Dyke Street, and the South Thirty-three (33) feet of the West
One Hundred Eighty-three (183) feet thereof for Larpenteur Avenue; further subject to the rights of the County of
Ramsey for highway over That part of the West 183 feet of the South 233 feet of the East Half of the Southwest
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Quarter of the Southwest Quarter of Section 14, Township 29 North, Range 22 West, Ramsey County, State of
Minnesota (hereinafter to be referred to as Parcel X), enclosed within the area described as follows:
Beginning at the Southeast corner of Parcel X; thence Northerly along the East line thereof, a distance of 62.42 feet;
thence Northwesterly to a point 70.38 feet West of the East line and 65.37 feet North of the South line of Parcel X;
thence West parallel to the South line of Parcel X, a distance of 40 feet; thence Northwesterly to a point 45 feet east
of the West line and 74 feet North of the South line of Parcel X; thence Northwesterly to a point on the Eastright-of-
way line of Van Dyke Street that is 102 feet North of the South line of said Parcel X; thence West parallel to the
South line of Parcel X, a distance of 33 feet to its intersection with the West line of Parcel X, thence South along the
West line, a distance of 102 feet, to the Southwest corner of Parcel X; thence East along the South line of 183 feet to
the place of beginning. Excepting therefrom such right-of-way heretofore dedicated to the public or otherwise
acquired for highways, all according to the United States Government Survey thereof. (PIN 14-29-22-33-0001)
WHEREAS, the history of this change is as follows:
1. On December 20, 1999, the planning commission held a public hearing. The city staff published a
hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The
planning commission gave everyone at the hearing a chance to speak and present written
statements. The planning commission recommended that the city council approve the land use
plan change.
2. On January 10, 2000, the city council discussed the land use plan change. They considered reports
and recommendations from the Planning Commission and City staff.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described change for
the following reasons:
L It would be consistent with the comprehensive planes goals and policies.
2. It would protect and strengthen the neighborhood.
3. It would minimize conflict between land uses.
4. It would support the improvement, replacement or redevelopment of substandard or incompatible
development.
5. It is in the public interest to remove this property from the tax rolls since it would create a more
compatible situation with the adjacent residential community.
6. Approval is subject to the condition that a building permit for improvements relating to the use of
the property as a church shall be issued within on year of council approval, or this approval shall
become null and void and the city~s land use plan for the property shall automatically revert to BC
(business commercial). The council may extend this deadline for one year. Any interested person
may apply for an earlier change to the comprehensive plan.
The Maplewood City Council approved this resolution on January 10, 2000.
Seconded by Councilmember Allenspach Ayes -Mayor Cardinal, Councilmembers Allenspach,
Collins and Wasiluk
Nays -Councilmember Koppen
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Councilmember Koppen introduced the following Conditional Use Permit Resolution and moved for its
adoption:
00-O1-006
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Woodland Hills Church applied for a conditional use permit for a church.
WHEREAS, this permit applies to properties located at 1740 Van Dyke Street and 1847 Larpenteur
Avenue. The legal description is:
Parcel L•
That parcel of land lying in the County of Ramsey and State of Minnesota, described as follows, to wit:
All that part of the Northwest Quarter of the Southwest Quarter (NW 1/4 of S W 1/4) of Section Fourteen
(14), Township Twenty-nine (29), Range Twenty-two (22), lying Southerly of the North St. Paul Road and
lying Southwesterly of the following described line:
Commencing at the Southeast corner of said Northwest Quarter of the Southwest Quarter (NW 1/4 of S W
1/4); thence West One Hundred Twenty (120) feet along the South line thereof to the place of beginning of
the line herein to be described; thence along a line bearing North Forty-seven (47) degrees, Twenty-two
(22) minutes West to the Southerly right-of--way line of the North St. Paul Road and there terminating.
Also:
That part of the East Half of the Southwest Quarter of the Southwest Quarter (E • rof S W 1/4 of S W 1/4)
of Section Fourteen (14), Township Twenty-nine (29), Range Twenty-two (22), lying Southeasterly of
North St. Paul Road (so-called); except that part of the South Two Hundred Thirty-three (233) feet lying
East of the West One Hundred Eighty-three (183) feet; and further excepting that part of said East Half of
the Southwest Quarter of the Southwest Quarter (E • rof S W 1/4 of S W 1/4), lying Northwesterly of the
following described line:
Commencing at a point on the East line of said Southwest Quarter of the Southwest Quarter (S W 1/4 of
S W 1/4), One Hundred Ten (110) feet South of the Northeast corner thereof; thence running to a point on
the North line of said Southwest Quarter of the Southwest Quarter (SW 1/4 of SW 1/4), One Hundred
Twenty (120) feet West of the Northeast corner thereof. Subject to public easements over the East Thirty-
three (33) feet thereof for North Hazel Street; the West Thirty-three (33) feet thereof for Van Dyke Street,
and the South Thirty-three (33) feet of the West One Hundred Eighty-three (183) feet thereof for
Larpenteur Avenue; further subject to the rights of the County of Ramsey for highway over That part of the
West 183 feet of the South 233 feet of the East Half of the Southwest Quarter of the Southwest Quarter of
Section 14, Township 29 North, Range 22 West, Ramsey County, State of Minnesota (hereinafter to be
referred to as Parcel X), enclosed within the area described as follows:
Beginning at the Southeast corner of Parcel X; thence Northerly along the East line thereof, a distance of
62.42 feet; thence Northwesterly to a point 70.38 feet West of the East line and 65.37 feet North of the
South line of Parcel X; thence West parallel to the South line of Parcel X, a distance of 40 feet; thence
Northwesterly to a point 45 feet east of the West line and 74 feet North of the South line of Parcel X;
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thence Northwesterly to a point on the East right-of--way line of Van Dyke Street that is 102 feet North of
the South line of said Parcel X; thence West parallel to the South line of Parcel X, a distance of 33 feet to
its intersection with the West line of Parcel X, thence South along the West line, a distance of 102 feet, to
the Southwest corner of Parcel X; thence East along the South line of 183 feet to the place of beginning.
Excepting therefrom such right-of--way heretofore dedicated to the public or otherwise acquired for
highways, all according to the United States Government Survey thereof. (PIN 14-29-22-33-0001)
WHEREAS, the history of this conditional use permit is as follows:
1. On December 20, 1999, the planning commission recommended that the city council approve this permit.
2. On January 10, 2000, 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, 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. All construction shall follow the site plan approved by the city. The director of community
development may approve minor changes.
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2. The proposed use 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. The applicant shall do the following immediately with the Phase 1 improvements: overlay and
restripe the parking lot on the west side of the building, patch pot holes in the parking lot on the
remainder of the site, remove all litter, damaged items and debris, remove the wooden fence and
restore the grass.
5. The landscape plan shall be submitted to the community design review board for approval before
any landscaping is added.
6. Plans for any changes to the building exterior, other than painting or repairs, shall be submitted to
the community design review board for review and approval.
The Maplewood City Council adopted this resolution on January 10, 2000.
Seconded by Councilmember Collins Ayes -all
Councilmember Collins introduced the following Ordinance (first reading) Amending the Regulations for On-
Sale and Off-Sale Liquor Licenses and moved for its adoption:
ORDINANCE NO. 807
AN ORDINANCE AMENDING THE REGULATIONS
FOR ON-SALE AND OFF-SALE LIQUOR LICENSES
The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances:
Section 1. This section adds Section 5-38(d) as follows (additions are underlined):
Section 5-38.
(c) No •on-sale••license maybe issued under this article for premises located within one hundred (100)
feet of a church or school building located in the city, and no •off-sale••license shall be issued for premises
located within one hundred (100) feet of a church or school building. The distance is to be measured from the
main entrance of the licensed premises to the nearest property line of said church or school.
(d) Exemption: The 100-foot spacing requirement noted in paragraph (c) above shall not apply if the on-
sale or off-sale liquor establishment is in operation before the influx of the church or school in the
neighborhood or if the existing establishment proposes to expand their facilitX
Section 2. This ordinance shall take effect after the city publishes it in the official newspaper.
The Maplewood City Council approved this ordinance on January 10, 2000.
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Seconded by Councilmember Koppen Ayes -all
J. AWARD OF BIDS
NONE
K. UNFINISHED BUSINESS
1. Deer Management Plan -Code Change -Second Reading
a. Manager McGuire introduced the staff report and presented the specifics of the report.
Councilmember Koppen introduced the following Ordinance and moved its adoption:
ORDINANCE NO. 806
ARTICLE IV. WEAPONS AND EXPLOSIVES
Sec. 20-77 Bows and arrows; aiming; discharging in public place; possession by minor under fourteen;
deFmition; etc.
(a) Every person in the city who shall aim any bow and arrow, as defined in this section, at or toward any
human being, or who shall willfully discharge an arrow from a bow in any public place, or in anyplace where
there is any person to be endangered, although no injury actually results, shall be guilty of a misdemeanor.
Addendum
Exemption: The City of Maplewood~s Deer (wild life) Management Plan.
Seconded by Councilmember Allenspach Ayes -all
L. NEW BUSINESS
1. 2000 City Council Appointments
a. Manager McGuire introduced the staff report and presented the specifics of the report.
Councilmember Collins requested a separate vote on the City Attorney and the Prosecuting Attorney.
Councilmember Collins moved to approve the City Attorney appointment fora 3-month trial basis.
Motion died for lack of a second.
Councilmember Koppen moved to approve the 2000 appointment for City Attorney as presented.
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Appointment
City Attorney Patrick J. Kelly
Banigan & Kelly
Current rates:
$80/hr -civil
$95/hr -litigation
Seconded by Councilmember Allenspach Ayes -Councilmembers Allenspach, Koppen and
Wasiluk
Nays -Mayor Cardinal and Councilmember Collins
Councilmember Collins moved to approve the Prosecuting Attorney appointment on a month to month basis.
Motion died for lack of a second.
Councilmember Koppen moved to approve the 2000 appointment for Prosecuting Attorney as presented.
Appointment
Prosecuting Attorney Song Lo Fawcett
Kathleen Loucks
Banigan & Kelly
Current rates:
$4,750/monthly retainer
$500/month cap on expenses
Seconded by Councilmember Allenspach Ayes -Mayor Cardinal, Councilmembers Allenspach,
Koppen and Wasiluk
Nays - Councilmember Collins
Councilmember Koppen moved to pull the Ramsey/Washington Cable Commission for a separate vote and
approve all other 2000 appointments as presented.
Appointment
Municipal Legislative Sherry Allenspach
Commission Michael McGuire
Ramsey County League Sherry Allenspach
of Local Governments Kenneth Collins
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N.E. S.T. Marvin Koppen
Julie Wasiluk
Suburban Rate Authority Marvin Koppen
Mike Ericson (alt)
St. Paul Water Utility Robert Cardinal
Board of Commissioners
Suburban Area Chamber Kenneth Collins
of Commerce Melinda Coleman(alt)
The Partnership Julie Wasiluk
Don Winger
Metro East Development Marvin Koppen
Partnership Melinda Coleman (alt)
Joint Ice Arena Board Kenneth Collins
Sherry Allenspach
Official Newspaper Maplewood Review
Acting Mayor Sherry Allenspach
Seconded by Councilmember Collins Ayes -all
Councilmember Koppen moved to approve 2000 Ramsey/Washington Suburban Cable Commission
Appointment as presented.
Ramsey/Washington Robert Cardinal
Suburban Cable Commission Marvin Koppen (alt)
Seconded by Councilmember Collins Ayes -Mayor Cardinal, Councilmembers Collins and
Koppen
Nays -Councilmembers Allenspach and Wasiluk
2. Recommendation for Zoning Code Change -Sec. 36-6
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a. Manager McGuire introduced the staff report.
b. Chief Winger presented the specifics of the report.
Councilmember Koppen moved to approve the change in the Maplewood Code • 36-6 (first reading) to remove
rabbits from the definition of livestock.
Seconded by Councilmember Allenspach Ayes -all
3. Project 99-07, Hazelwood Street Improvements -Accept Feasibility Study and Call for Public
Hearing
a. Manager McGuire introduced the staff report.
b. Assistant City Engineer Cavett presented the specifics of the report.
Councilmember Koppen moved to approve the following Resolution accepting the feasibility,
ordering the public improvement for the Hazelwood Street Improvements, Project 99-07:
00-O1-007
RESOLUTION ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING
WHEREAS, pursuant to resolution of the council adopted November 22, 1999, a report has been prepared
by the city engineering division with reference to the improvement of Hazelwood Street between Gervais
Avenue and County Road C, City Project 99-07, by Hazelwood Street Improvements, and this report was
received by the council on January 10, 2000, 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 $1,073,300.
2. A public hearing shall be held on such proposed improvement on the 24th day of January, 2000, in the
council chambers of city hall at 7 p.m. and the clerk shall give mailed and published notice of such hearing and
improvement as required by law.
Seconded by Councilmember Collins Ayes -all
4. Highway 36 Noise Exception
a. Manager McGuire introduced the staff report and presented the specifics of the report.
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Councilmember Koppen moved to authorize a waiver in the noise ordinance so that MN/DOT can proceed with
mill and overlay work during nighttime hours (between 7:00 p.m. and 7:00 a.m.) as proposed in their letter.
because the overall disruption to the neighborhood would be less if the proiect proceeds as proposed.
Seconded by Councilmember Allenspach Ayes -all
M. COUNCIL PRESENTATIONS
NONE
N. ADMINISTRATIVE PRESENTATIONS
NONE
O. ADJOURNMENT
Mayor Cardinal moved to adjourn the meeting at 10:00 P.M.
Seconded by Councilmember Koppen Ayes -all
Karen E. Guilfoile, City Clerk
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