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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a. Manager McGuire introduced the staff report and announced that Abby Wells-Herzog and Philip Sherwood have withdrawn their applications for three-year terms on the Human 1 Relations Commission.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 2 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. 3 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 4 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. 5 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 6 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 7 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 8 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 9 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; 10 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. 11 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. 12 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. 13 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 14 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 15 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. 16 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 17