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HomeMy WebLinkAbout03-13-2000MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, March 13, 2000 Council Chambers, Municipal Building Meeting No. 00-05 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. 00-04 (February 28. 2000) as presented. Seconded by Councilmember Collins Ayes -all E. APPROVAL OF AGENDA: Councilmember Wasiluk moved to approve the Agenda as amended. K3. Acting City Manager Compensation Ml. Soccer Goals M2. Information M3. Paving Bike Path M4. N.E.S.T. Update Seconded by Councilmember Koppen Ayes -all F. APPOINTMENTS/PRESENTATIONS: Councilmember Allenspach requested Point of Personal Privilege and announced that this was City Manager McGuire~s last City Council meeting and on behalf of the Councilmembers and citizens, apologized for the 1 behavior of retired firefighter, Dick Peterson. A banner stating •6ood Luck Mike•~ made by the Human Relations Commission, was torn down and crumpled-up by Peterson who then left the building and did not attend the meeting. On behalf of the Council and the citizens of Maplewood, Councilmember Allenspach further thanked McGuire for his thirteen years of dedicated service to the City. G. CONSENT AGENDA: Councilmember Koppen moved to approve the Consent Agenda as presented. Seconded by Councilmember Wasiluk Ayes -all 1. Approval of Claims ACCOUNTS PAYABLE $1,380.22 Checks #8235 thru #8236 dated 2-23-00 $47,494.30 Checks #48572 thru #48623 dated 2-29-00 $121,947.99 Disbursements via debits to checking account dated 2-23 thru 2-28-00 $104,300.75 Checks #8237 thru #8245 dated 2-24 thru 3-2-00 $272,442.89 Checks #48626 thru #48723 dated 3-7-00 $147,118.81 Disbursements via debits to checking account dated 2-29 thru 3-6-00 $694,684.96 Total Accounts Payable PAYROLL $312,155.97 Payroll Checks and Direct Deposits dated 3-3-00 $23,922.22 Payroll Deduction check #77426 thru #77433 dated 3-3-00 $336,078.19 Total Payroll $1,030,763.15 GRAND TOTAL 2. Rosoto Senior Housing -Conditions and Minute Corrections 2 Approved the revision to Condition 10 of the conditional use permit approval for the Rosoto senior housing and to city council meeting minutes of January 24, 2000. The revision shall read as follows (deletions are crossed out, additions are underlined): The developer shall not disturb the boulevard and slope ~^°*°" ° ~ F^^* ~- ~a~'~~*~~m~^^~~° ~°*'~ ^~ ~- ~a~^ *'~~ skeulEler 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. If this area is disturbed, the developer shall install afive-foot wide sidewalk after stabilizing the slope. 'T'''° a°~ °'^^°~- °^^~^°°~ °''^" °''^~T *'~° ^°^°°°^^~ 3. 1999 Community Design Review Board Annual Report Approved the Community Design Review Boards Annual Report. 4. Hazelwood Street Improvements, City Project 99-07, No Parking Resolution Approved the following No Parking Resolution RESOLUTION 00-03-030 NO PARKING RESTRICTION, HAZELWOOD STREET IMPROVEMENT, PROJECT 99-07 WHEREAS, the City of Maplewood has approved the plans for the construction of Hazelwood Street from Gervais Avenue to County Road C. WHEREAS, the City will be expending Municipal State Aid (MSA Project 138-112-02) funds on the improvement of said street; and WHEREAS, said improvement does not conform to the approved minimum width standard with unrestricted parking; and WHEREAS, release of MSA funds is dependent on specified parking restrictions. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City of Maplewood prohibits the parking of motor vehicles on the west side of Hazelwood Street from Gervais Avenue to County Road C, on the east side of Hazelwood Street from Gervais Avenue to 470 feet north of Gervais Avenue, from 130 feet south of Brooks Avenue to 180 feet north of Brooks Avenue, from 1210 feet south of County Road C to 990 feet south of County Road C and from 300 feet south of County Road C to County Road C. 5. Metricom Right of Way Agreement Approved the Metricom Right of Way Agreement and authorized appropriate city officials to execute the agreement. 6. Mericom Water Tower Agreement Approved the lease agreement covering antennas on the Stillwater Road water tower. 7. 1999 Parks and Recreation Commission Annual Report Accepted the 1999 Parks and Recreation Commission Annual Report. 8. Roof Replacement for the Public Works Building Approved the agreement with Howard R. Green Company in the amount of $3,400.00 with the understanding that the construction observation and testing phase would be authorized only after formal bid awarding by City Council. 9. Maplewood Nature Center Boardwalk Budget Adjustment Directed the Finance Director to make the necessary budgetary adjustments to allocate $100,000.00 for the Maplewood Nature Center Boardwalk from the Park Development Fund. 10. Proposed Settlement- A.F.S.C.M.E. ClericaUTechnical & Maintenance Approved the A.F.S.C.M.E. ClericaUTechnical & Maintenance settlement. 11. Gambling Resolution Adopted the following Resolution: RESOLUTION 00-03-031 RESOLUTION APPROVING CHARITABLE GAMBLING St. Jerome~s Church at Church of St. Jerome, 380 Roselawn Avenue, and Deans Tavern, 1986 Rice Street BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for St. Jerome~s Church to operate at Church of St. Jerome, 380 Roselawn Avenue, and Deans Tavern, 1986 Rice Street, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minn. Stat. • 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 Minn. Stat. • 349.213. 4 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. H. PUBLIC HEARINGS: 1. 7:00 Maplewood Fire Station (Clarence Street) appeared. A. Land Use Plan Amendment (R3 (H) to G) - 4 Votes B. Parking Lot Setback Variance (Clarence Street) C. Parking Lot Curbing Variance D. Conditional Use Permit E. Design Approval a. Mayor Cardinal convened the meeting for a public hearing. b. Manager McGuire introduced the staff report. c. Associate Planner Tom Ekstrand presented the specifics of the report. d. Boardmember Ananath Shankar presented the Community Design Review Board report. e. Chair Lorraine Fischer presented the Planning Commission report. f Mayor Cardinal opened the public hearing, calling for proponents or opponents. No one g. Mayor Cardinal closed the public hearing. A. Land Use Plan Amendment (R3 (H) to G) - 4 Votes Councilmember Koppen introduced the following Resolution, approving a comprehensive land use plan amendment from R3H (residential high density,) to G (government facility,) for the Maplewood Fire Station. RESOLUTION 00-03-032 LAND USE PLAN CHANGE RESOLUTION WHEREAS, the Maplewood Fire Department applied for a change to the city's land use plan from R3H (high density residential) to G (government facility) to bring the land use plan into conformance with their proposed use as afire station. WHEREAS, this change applies to the property north and northwest of 1347 and 1351 Frost Avenue. The legal description is: That part of a 100.00 foot wide railroad right of way lying east of the east right of way line of Ramsey County LRT right of way (formerly the Burlington Northern Railroad right of way), lying south of the south right of way line of the State of Minnesota D.N.R. right of way (formerly the St. Paul and St. Croix Falls R.R. right of way) and lying north of the north right of way line of Frost Avenue; the centerline of said 100.00 foot right-of--way is described as follows: Commencing at the southwest corner of the northwest quarter of Section 15, Township 29, Range 22; thence South 89 degrees 48 minutes 54 seconds East along the south line of said northwest quarter a distance of 377.35 feet to the beginning of the centerline to be described; thence northeasterly a distance of 1,064.80 feet along a nontangential curve concave to the southeast having a radius of 1,146.27 feet, a central angle of 53 degrees 13 minutes 24 seconds and a chord bearing of North 42 degrees 34 minutes 25 seconds East; thence North 69 degrees 11 minutes 07 seconds East a distance of 300.00 feet and said centerline there terminating. That part of Block 8, GLADSTONE, lying northeasterly of a line run from the northwest corner of said Block 8 to a point on the southeasterly line of said Block 8 distant 352.20 feet southwesterly from the most easterly corner thereof. WHEREAS, the history of this change is as follows: On February 23, 2000, 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 March 13, 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 because the proposed fire station would comply with the general development policies in the Maplewood Comprehensive Plan. The Maplewood City Council approved this resolution on March 13, 2000. Seconded by Councilmember Wasiluk Ayes -all B. Parking Lot Setback Variance (Clarence Street) Councilmember Koppen introduced the following Resolution, approving a parking lot setback variance for the proposed 10 parking spaces that would front on Clarence Street. The code requires a 15-foot setback. These would be perpendicular spaces accessed directly from Clarence Street. RESOLUTION 00-03-033 PARKING LOT SETBACK VARIANCE RESOLUTION WHEREAS, the Maplewood Fire Department applied for a parking lot setback variance from the zoning code. WHEREAS, this variance applies to property north and northwest of 1347 and 1351 Frost Avenue. The legal description is: 6 That part of a 100.00 foot wide railroad right of way lying east of the east right of way line of Ramsey County LRT right of way (formerly the Burlington Northern Railroad right of way), lying south of the south right of way line of the State of Minnesota D.N.R. right of way (formerly the St. Paul and St. Croix Falls R.R. right of way) and lying north of the north right of way line of Frost Avenue; the centerline of said 100.00 foot right-of--way is described as follows: Commencing at the southwest corner of the northwest quarter of Section 15, Township 29, Range 22; thence South 89 degrees 48 minutes 54 seconds East along the south line of said northwest quarter a distance of 377.35 feet to the beginning of the centerline to be described; thence northeasterly a distance of 1,064.80 feet along a nontangential curve concave to the southeast having a radius of 1,146.27 feet, a central angle of 53 degrees 13 minutes 24 seconds and a chord bearing of North 42 degrees 34 minutes 25 seconds East; thence North 69 degrees 11 minutes 07 seconds East a distance of 300.00 feet and said centerline there terminating. That part of Block 8, GLADSTONE, lying northeasterly of a line run from the northwest corner of said Block 8 to a point on the southeasterly line of said Block 8 distant 352.20 feet southwesterly from the most easterly corner thereof. WHEREAS, Section 36-28(c)(5)(a) of the zoning code requires a 15-foot parking lot setback from street right-of--way. WHEREAS, the applicant is proposing to build a parking lot in the Clarence Street right-of--way. WHEREAS, this requires a variance of 15 feet. WHEREAS, the history of this variance is as follows: On February 23, 2000 the planning commission recommended that the city council approve this variance. 2. The city council held a public hearing on March 13, 2000. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing an opportunity 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 variance as recommended by the city staff that would allow a parking lot to be built within the Clarence Street right-of--way for the following reasons: 1. Compliance with the setback requirements would cause the applicant undue hardship because of circumstances unique to the property. The site is oddly shaped making meeting all parking lot setback requirements difficult. 2. The applicant would meet the spirit and intent of the code by providing handicap-accessible parking spaces closer to the front entrance than if the spaces were moved to a different location. The city has allowed parking in the right-of--way before when the situation warranted it. 7 This variance is subject to the applicant submitting a curbing plan which indicates continuous concrete curbing, concrete edging and parking barriers as shown on the curbing diagram in the staff report. This plan must be submitted to staff for approval before the issuance of a building permit. The Maplewood City Council adopted this resolution on March 13, 2000. Seconded by Councilmember Allenspach Ayes -all C. Parking Lot Curbing Variance Councilmember Koppen introduced the following Resolution, approving a narking lot curbing variance for sections of the parking lot and entrance drive that are not proposed for curbing. The code requires continuous concrete curbing for parking lots with more than 12 spaces. The applicant is not proposing curbing in these areas for more effective drainage. RESOLUTION 00-03-034 PARKING LOT CURB VARIANCE RESOLUTION WHEREAS, the Maplewood Fire Department applied for a parking lot curbing variance from the zoning code. WHEREAS, this variance applies to property north and northwest of 1347 and 1351 Frost Avenue. The legal description is: That part of a 100.00 foot wide railroad right of way lying east of the east right of way line of Ramsey County LRT right of way (formerly the Burlington Northern Railroad right of way), lying south of the south right of way line of the State of Minnesota D.N.R. right of way (formerly the St. Paul and St. Croix Falls R.R. right of way) and lying north of the north right of way line of Frost Avenue; the centerline of said 100.00 foot right-of--way is described as follows: Commencing at the southwest corner of the northwest quarter of Section 15, Township 29, Range 22; thence South 89 degrees 48 minutes 54 seconds East along the south line of said northwest quarter a distance of 377.35 feet to the beginning of the centerline to be described; thence northeasterly a distance of 1,064.80 feet along a nontangential curve concave to the southeast having a radius of 1,146.27 feet, a central angle of 53 degrees 13 minutes 24 seconds and a chord bearing of North 42 degrees 34 minutes 25 seconds East; thence North 69 degrees 11 minutes 07 seconds East a distance of 300.00 feet and said centerline there terminating. That part of Block 8, GLADSTONE, lying northeasterly of a line run from the northwest corner of said Block 8 to a point on the southeasterly line of said Block 8 distant 352.20 feet southwesterly from the most easterly corner thereof. WHEREAS, Section 36-22 (c) of the zoning code requires that all parking lots have continuous concrete curbing. WHEREAS, the applicant is proposing to leave some of their parking lot edges uncurbed. WHEREAS, the history of this variance is as follows: On February 23, 2000 the planning commission recommended that the city council approve this variance. 2. The city council held a public hearing on March 13, 2000. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing an opportunity 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 variance as recommended by the city staff that would waive the curbing requirement in specific areas on the site plan. Approval is because sheet drainage from the two larger parking lots is preferred for water quality in this instance. This variance is subject to the applicant submitting a curbing plan which indicates continuous concrete curbing, concrete edging and parking barriers as shown on the curbing diagram in the staff report. This plan must be submitted to staff for approval before the issuance of a building permit. The Maplewood City Council adopted this resolution on March 13, 2000. Seconded by Councilmember Allenspach Ayes -all D. Conditional Use Permit Councilmember Koppen introduced the following Resolution, approving a Conditional Use Permit for a public building for Maplewood Fire Station No. 2. RESOLUTION 00-03-035 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, the Maplewood Fire Department applied for a conditional use permit for a fire station. WHEREAS, this permit applies to the property north and northwest of 1347 and 1351 Frost Avenue. The legal description is: That part of a 100.00 foot wide railroad right of way lying east of the east right of way line of Ramsey County LRT right of way (formerly the Burlington Northern Railroad right of way), lying south of the south right of way line of the State of Minnesota D.N.R. right of way (formerly the St. Paul and St. Croix Falls R.R. right of way) and lying north of the north right of way line of Frost Avenue; the centerline of said 100.00 foot right-of--way is described as follows: Commencing at the southwest corner of the northwest quarter of Section 15, Township 29, Range 22; thence South 89 degrees 48 minutes 54 seconds East along the south line of said northwest quarter a distance of 377.35 feet to the beginning of the centerline to be described; thence northeasterly a distance of 1,064.80 feet along a nontangential curve concave to the southeast having a radius of 1,146.27 feet, a central angle of 53 degrees 13 minutes 24 seconds and a chord bearing of North 42 degrees 34 minutes 25 9 seconds East; thence North 69 degrees 11 minutes 07 seconds East a distance of 300.00 feet and said centerline there terminating. That part of Block 8, GLADSTONE, lying northeasterly of a line run from the northwest corner of said Block 8 to a point on the southeasterly line of said Block 8 distant 352.20 feet southwesterly from the most easterly corner thereof. WHEREAS, the history of this conditional use permit is as follows: On February 23, 2000, the planning commission recommended that the city council approve this permit. 2. On March 13, 2000 the city council held a public hearing. 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: 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 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 sites natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 10 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. The city council shall review this permit in one year. 4. The applicant shall have their surveyor provide the legal description for the Clarence Street right- of-way and have the city attorney prepare documentation for the dedication and recording of this right-of--way. The Maplewood City Council approved this resolution on March 13, 2000. Seconded by Councilmember Allenspach Ayes -all E. Design Approval Councilmember Koppen moved to approve the design approval (building, site and landscape plans) for Maplewood Fire Station No. 2. Seconded by Councilmember Allenspach Ayes -all I. AWARD OF BIDS None J. UNFINISHED BUSINESS None K. NEW BUSINESS 1. Landmark, Inc. Utility Service Refund a. Manager McGuire introduced the staff report. b. Public Works Director Haider presented the specifics of the report. Councilmember Koppen moved to authorize payment of $2,350.00 to Landmark, Inc. to be funded by the appropriate utility accounts. Seconded by Mayor Cardinal Ayes -all 2. Tilsen North Neighborhood Streets, Project 99-05 -Order Preparation of Assessment Poll a. Manager McGuire introduced the staff report and presented the specifics of the report. 11 Councilmember Koppen moved to approve the following resolution, ordering the preparation of the assessment roll for Tilsen North Neighborhood Streets. Cit,~ Project 99-05. RESOLUTION 00-03-036 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer have received bids for the improvement ofthe Tilsen North neighborhood Street, City Project 99-05. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. Seconded by Councilmember Wasiluk Ayes -all 3. Acting City Manager Compensation Councilmember Koppen moved to approve that an agenda report be drafted and included on the Consent Agenda at the March 27, 2000 Council Meeting to officially approve compensation for the acting city manager in the amount of $1.500 per month plus 2 weeks vacation when the new City Manager is hired. Seconded by Mayor Cardinal Ayes -all L. VISITOR PRESENTATIONS None M. COUNCIL PRESENTATIONS In response to an investigative report by Channel 5 regarding anchoring soccer goal nets, Councilmember Allenspach noted that unlike the majority of surrounding soccer fields, Maplewood~s soccer goals are properly anchored. 2. Mayor Cardinal requested City Council and Planning Commission minutes be made available for public viewing at the Maplewood public library. Cardinal also commented that there are 14,700 city households that are able to receive cable television and 54.2% of households in Maplewood already access cable and can watch council meetings via cable TV if they so choose. 3. Mayor Cardinal moved that a letter be written to Ramsey Coun , requesting that the existing bike path that runs from Maryland Avenue to Frost Avenue (Burlington Northern Trail) be paved and re- 12 named •Bruce Vento Trailer Seconded by Councilmember Koppen Ayes -all 4. Councilmember Wasiluk announced Metro Transit will not be discontinuing the N.E.S.T. Dial-A- Ride service for Maplewood and thanked Senator Chuck Wiger for helping maintain this service. N. ADMINISTRATIVE PRESENTATIONS L Correspondence A. City Manager McGuire announced that Fire Chief Hewitt resigned effective March 16, 2000, and Steve Lukin has been appointed as the new Fire Chief effective March 17, 2000. B. City Manager McGuire acknowledged his resignation effective March 24, 2000. He shared his farewell address which highlighted the City•s accomplishments over the past 13 years and thanked City Councils (past and present), City Employees, Commission Members and Maplewood Citizens with whom he has worked. C. Councilmembers Koppen and Allenspach thanked City Manager McGuire and Fire Chief Hewitt for their service to the City. O. ADJOURNMENT Mayor Cardinal moved to adjourn the meeting at 7:40 P. M. Seconded by Councilmember Allenspach Ayes -all Karen E. Guilfoile, City Clerk 13