HomeMy WebLinkAbout01-24-2000 MINUTES MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, January 24, 2000
Council Chambers, Municipal Building
Meeting No. 00-002
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. 00-01 (January 10. 2000) as
presented.
Seconded by Councilmember Koppen Ayes -all
E. APPROVAL OF AGENDA:
Councilmember Allenspach moved to approve the Agenda as amended.
Ml. Public Safety
M2. Organized Hauling
M3. Maplewood Policing
M4. Police Department Drive-Along
Seconded by Councilmember Koppen Ayes -all
F. APPOINTMENTS/PRESENTATIONS:
None
G. CONSENT AGENDA:
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Councilmember Koppen moved to approve Consent Agenda Items Gl. G3 and G4 as presented and pull the
Consent Agenda Item G2 for a separate vote.
Seconded by Councilmember Allenspach Ayes -all
1. Approval of Claims
ACCOUNTS
PAYABLE
$6,769.65 Checks #8195 thru #8197 dated 1-4 thru 1-6-00
$119,429.79 Checks #47835 thru #47941 dated 1-11-00
$154,362.97 Disbursements via debits to checking account
dated 1-4thru 1-10-00
$106,958.83 Checks #8198 thru #8205 dated 1-7 thru 1-12-00
$154,857.69 Checks #47944 thru #48058 dated 1-18-00
$91,073.59 Disbursements via debits to checking account
dated 1-11 thru 1-18-00
$633,452.52 Total Accounts Payable
PAYROLL
$309,660.13 Payroll Checks and Direct Deposits dated 1-7-00
$23,516.06 Payroll Deduction check #76301 thru #76308 dated 1-7-00
$333,176.19 Total Payroll
$966,628.71 GRAND TOTAL
3. New Century Final Plat (New Century Boulevard, North of Highwood Avenue)
Approved the New Century Final Plat subject to the following:
a. A drainage and utility easement for the ponding area.
b. A utility easement for the sanitary sewer line between Pinkspire Lane and Century Avenue in
the Phylis Avenue alignment.
a The easements for the permanent cul-de-sac at the east end of Schaller Drive.
d. An easement for the off-site storm sewer.
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4. Personal Service License -Individual -Anne G. Mayer
Approved a Personal Service Individual License for Anne G. Mayer to be used at Sister Rosalind Gefre~s
Professional Message Center, Maplewood Community Center.
Councilmember Koppen moved to approve Consent Agenda Item G2 as presented.
2. City Manager Resignation Agreement
Approved the City Manager resignation agreement.
Seconded by Councilmember Allenspach Ayes -Mayor Cardinal, Councilmembers Allenspach,
Koppen and Wasiluk
Nays -Councilmember Collins
H. PUBLIC HEARINGS:
1. 7:00 P.M. Hazelwood Street Improvements, Project 99-07 -Public Hearing and Order Improvement
a. Mayor Cardinal convened the meeting for a public hearing.
b. Manager McGuire introduced the staff report.
c. Public Works Director Haider explained the procedure for public hearings and presented the
specifics of the report.
d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Clarence and Donna Gervais, 2420 Hazelwood Street
John and Jennifer Simons, 2409 Hazelwood Street
Scott and Loretta Pederson, 1573 Sextant Avenue
Austin Ward, 2555 Hazelwood Avenue
Maurice A. Jones, 1456 Magnolia Avenue East
Ron Erickson, 2699 Hazelwood Street
Gene Lefto, 1763 Barclay
Jim Fischer, 1531 Sextant Avenue
James Sanders, 2425 Hazelwood
Joe Tembreull, 2540 Flandru Street
Rick Brandon, 1622 East County Road C
Dave Maroushek, 2602 Hazelwood Street
Randy and Mary Lynn Mauer, 2596 Hazelwood Street
Al and Jean Jeska, 1549 Brooks Avenue
Douglas Frid, 2467 Hazelwood Street
Maurice A. Jones, 1456 Magnolia Avenue East
Ronald Westberg, 2558 Hazelwood Street
Michael and Tammy Wilde, 2538 Hazelwood Street
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Philip Oswald, 1534 County Road C
Vincent Wincans, 2546 Hazelwood Street
Victor Gebauer, 2554 Hazelwood Street
e. Mayor Cardinal closed the public hearing.
Councilmember Koppen introduced the following Resolution directing the city engineer to proceed with the
final plans for the Hazelwood Street Improvements. Project 99-07, and moved for its adoption:
RESOLUTION 00-O1-008
ORDERING IMPROVEMENT AFTER PUBLIC HEARING
WHEREAS, a resolution of the city council adopted the 10th day of January, 2000, fixed a date for a
council hearing on the proposed construction of street and drainage improvements on Hazelwood Street, from
Gervais Avenue to County Road C, City Project 99-07,
AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and
the hearing was duly held on January 24, 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 construct street and drainage improvements on Hazelwood Street, from Gervais Avenue to County
Road C, City Project 99-07.
2. Such improvement is hereby ordered as proposed in the council resolution adopted the 24th day of
January, 2000.
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 $1,073,300 shall be established. The proposed financing
plans is as follows:
Assessments $ 310,420 (29.0%)
State aid 746,530 (69.5%)
Sewer utility fund 16,350 (1.5%)
Total $1,073,300
Seconded by Mayor Cardinal Ayes -all
2. 7:10 P.M. Rosoto Senior Housing (Desoto Street and Roselawn Avenue)
a. Mayor Cardinal convened the meeting for a public hearing.
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b. Manager McGuire introduced the staff report.
a Community Development Director Coleman presented the specifics of the report.
d. Milo Thompson presented the Planning Commission Report.
e. City Attorney Kelly explained the procedure for public hearings.
f Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Greg and Kathy Juenemann, 721 Mount Vernon Avenue
Joe and Joan Kolasa, 1855 Desoto
Brian Ofallon, 1863 Desoto
Tom and Audry Duellman, 1843 Desoto
Jeff and Arlene Solum, 1858 Desoto
Tom Robey, 4314 Pondview Drive, White Bear Lake
Mary Sterlader, 487 Roselawn
g. Mayor Cardinal closed the public hearing.
Councilmember Koppen introduced the following Resolution to chance the land use plan from R-1 (single
family residential) to RH (residential high density) for the site of the Rosoto senior housing development on the
corner of Roselawn Avenue and Desoto Street, and moved for its adoption:
RESOLUTION 00-O1-009
LAND USE PLAN CHANGE RESOLUTION
WHEREAS, Paul Sentman, representing Rosoto Associates, applied for a change to the city's land use
plan from R-1 (single dwelling residential) to RH (residential high density).
WHEREAS, this change applies to the property on the west side of Desoto Street south of Roselawn
Avenue (1915 Desoto Street).
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 plan amendment, subject to
the developer meeting the city~s density requirements.
2. On January 24, 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 thatthe city council approved the above-described change
for the following reasons:
1. This site is proper for and consistent with the city's policies for high-density residential use. This
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includes:
a. Having a variety of housing types for all types of residents, regardless of age, ethnic, racial, cultural
or socioeconomic background. A diversity of housing types should include apartments, town
houses, manufactured homes, single-family housing, public-assisted housing and low- to moderate-
income housing, and rental and owner-occupied housing.
b. Promote a variety of housing types, costs and ownership options throughout the city. These are to
meet the life-cycle needs of all income levels, those with special needs and nontraditional
households.
a The city will continue to provide dispersed locations for a diversity of housing styles, types and
price ranges through its land use plan.
d. It is on a collector street and is near an arterial street, parks and open space.
2. This development will minimize any adverse effects on surrounding properties because:
a. The proposed on-site pond and large setback from the street will separate the senior housing from
nearby homes.
b. Studies have shown there will be no adverse effect on property values.
This approval is subject to the developer acquiring a transfer of development rights (TDR) agreement with Saint
Jerome~s church for enough property to make the projects density no higher than 16 units per gross acre.
The Maplewood City Council adopted this resolution on January 24, 2000.
Seconded by Councilmember Collins Ayes -all
Councilmember Koppen introduced the following Resolution to approve a conditional use permit for a planned
development for the Rosoto senior housing development, and moved for its adoption:
RESOLUTION 00-O1-010
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Mr. Paul Sentman, representing Rosoto Associates, applied for a conditional use permit
(CUP) for the Rosoto senior housing planned unit development (PUD).
WHEREAS, this permit applies to the property on the west side of Desoto Street south of Roselawn
Avenue. The legal description is:
The East • rofthe Northeast 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 17, Township 29,
Range 22, Ramsey County, Minnesota, except the south 150 feet thereof.
(PIN 17-29-22-32-0001)
WHEREAS, the history of this conditional use permit is as follows:
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1. On December 20, 1999, the planning commission recommended that the city council approve
this permit.
2. On January 24, 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, 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 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 date-stamped November 2, 1999. The city council may
approve major changes. The director of community development may approve minor changes.
2. The project design plans, including architectural and landscaping plans, shall be subject to
review and approval of the community design review board (CDRB).
3. The proposed construction must be substantially started within one year of council approval or
the permit shall end. The council may extend this deadline for one year.
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4. The owner shall not convert this development to non-senior housing without the revision of the
planned unit development. For this permit, the city defines senior housing as a residence
occupied by at least one person 55 years of age or older.
5. There shall be no outdoor storage of recreational vehicles, boats or trailers.
6. Residents shall not park trailers and vehicles that they do not need for day-to-day transportation
on the site. If the city decides there are excess parking spaces available on the site, then the city
may allow the parking of these on the site.
7. If the city council decides there is not enough on-site parking after the building is 95 percent
occupied, the city may require additional parking.
8. The developer shall provide an on-site storm shelter in the apartment building. This shelter shall
be subject to the approval of the director of emergency preparedness. It shall have a minimum of
three square feet per person for 80% of the planned population.
*9. The developer shall secure a transfer of development rights (TDR) agreement with Saint
Jerome~s church for enough property to make the housing projects density no higher than 16
units per gross acre.
10. The developer shall install a 5-foot-wide bituminous path or widen the shoulder along the south
side of Roselawn Avenue between the proposed sidewalk on the site to the east line of the first
driveway on the church property to the west of the site. The developers engineer shall show the
necessary additional bituminous on the grading and construction plans. The city engineer shall
approve the details of these plans.
11. The city council shall review this permit in one year.
*The developer must complete these conditions before the city issues a grading permit or a building
permit.
The Maplewood City Council approved this resolution on January 24, 2000.
Seconded by Councilmember Allenspach Ayes -all
J. UNFINISHED BUSINESS
1. Code Amendment -Liquor License (Second Reading)
a. Manager McGuire introduced the staff report.
b. Community Development Director Coleman presented the specifics of the report.
Councilmember Allenspach introduced the following Ordinance (second reading) to change the code to exempt
spacing requirements when a church or school is proposed within 100 feet of existing on-sale or off-sale liquor
establishments, and moved its adoption:
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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 24, 2000.
Seconded by Councilmember Wasiluk Ayes -Mayor Cardinal, Councilmembers
Abstain -Councilmember Koppen
2. Code Amendment -Zoning Change -Section 36-6 (Second Reading)
a. Manager McGuire introduced the staff report and presented the specifics of the report.
Councilmember Wasiluk moved to approve the change in the Maplewood Code • 36-6 (second reading) to
remove rabbits from the definition of livestock.
Seconded by Councilmember Allenspach Ayes -all
K. NEW BUSINESS
1. Harvester Area Streets, Project 98-10, Change Orders 1, 2, & 3, Final Payment
a. Manager McGuire introduced the staff report.
b. Public Works Director Haider presented the specifics of the report.
Councilmember Wasiluk introduced the following Resolution directing modification of the existing
construction contract and moved for its adoption.
RESOLUTION 00-O1-011
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DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement
Project 98-10, Harvester Area Neighborhood Street Improvements and has let a construction contract pursuant
to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be modified and designated as
Improvement Project 98-10, Change Orders 1, 2 & 3.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract
by executing said Change Orders 1, 2 & 3 totaling an amount of $84,488.63. The revised contract amount is
$761,433.86.
The finance director is hereby authorized to make the financial transfers necessary to implement the
financing plan for the project. The project budget is increased by $84,488.63.
Seconded by Councilmember Collins Ayes -all
Councilmember Wasiluk introduced the following Resolution accepting Cit,~ject 98-10 and moved for its
adoption:
RESOLUTION 00-O1-012
ACCEPTANCE OF PROJECT
WHEREAS, the city engineer for the City of Maplewood has determined that the construction contract
for the Harvester Area Neighborhood Street Improvements, City Project 98-10 is complete and recommends
acceptance of the project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that City Project 98-10 is complete and maintenance of these improvements is accepted by the
city. Release of any retainage or escrow is hereby authorized.
Seconded by Councilmember Collins Ayes -all
2. Harvester Avenue Streets, Project 98-10, Landscaping Project Budget
a. Manager McGuire introduced the staff report.
b. Public Works Director Haider presented the specifics of the report.
Councilmember Koppen authorized the Finance Director to revise the project budget in the amount of $39,000
for the landscaping phase of the Harvester Area Neighborhood Streets, Project 98-10.
Seconded by Councilmember Allenspach Ayes -all
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3. Spring Clean-Up 2000
a. Manager McGuire introduced the staff report.
b. Community Development Director Coleman presented the specifics of the report.
Councilmember Allenspach directed staff to proceed with the spring clean-up on Apri122, 2000 and announced
that the city will pay for the entire cost as in 1999.
Seconded by Councilmember Collins Ayes -all
4. HRC Request for Money to Sponsor Mixed Blood Performances
a. Manager McGuire introduced the staff report and presented the specifics of the report.
Councilmember Wasiluk approved up to $3,000 from the contingency account to be used by the Human
Relations Commission to support Mixed Blood performances around the city.
Seconded by Councilmember Koppen Ayes -all
5. Senior Chemical Dependency Program Request for Charitable Gambling
a. Manager McGuire introduced the staff report.
b. Tom Gehreng, representing Senior Chemical Dependency Program, 1351 Frost Avenue, p
Councilmember Koppen approved the reallocation of charitable gambling funds for the Senior Chemical
Dependency Program so that they may use the $3.000 to purchase a copier and a computer rather than a public
address s,, s
Seconded by Councilmember Allenspach Ayes -all
6. Ramsey/Washington Suburban Cable Commission Resolution Opposing State Legislation to Elin
a. Manager McGuire introduced the staff report.
b. Assistant to the City Manager Ericson presented the specifics of the report.
Councilmember Koppen approved supportfor the resolution from Ramsey/Washington Suburban Cable
Commission regarding its opposition to proposed state legislation to eliminate municipal franchising authority
and directed staff to send aresolution of support to local legislators.
Seconded by Councilmember Wasiluk Ayes -all
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L. VISITOR PRESENTATIONS
1. Kathy Juenemann, 721 Mount Vernon Avenue
M. COUNCIL PRESENTATIONS
1. After discussion, Mayor Cardinal motioned to have Public Safety Dispatch Services put on the Febr
2. After discussion, Councilmember Collins motioned to have Organized Hauling put on the Mar.
3. Councilmember Koppen commended the Police Department in their success in intervening during a
robbery attempt at his business.
4. Julie Wasiluk participated in a drive-along with the Maplewood Police Department and shared posit
N. ADMINISTRATIVE PRESENTATIONS
None
O. ADJOURNMENT
Mayor Cardinal moved to adjourn the meeting at 9:10 P. M.
Seconded by Councilmember Koppen Ayes -all
Karen E. Guilfoile, City Clerk
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