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HomeMy WebLinkAbout09-23-2002MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, September 23, 2002 Council Chambers, Municipal Building Meeting No. 02-21 A. B. C. D. CALL TO ORDER: A meeting of the Maplewood City Council was held in the Council Chambers, at the Municipal Building, and was called to order at 7:00 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE ROLL CALL Robert Cardinal, Mayor Present Kenneth V. Collins, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin C. Koppen, Councilmember Present Julie A. Wasiluk, Councilmember Present APPROVAL OF MINUTES 1. Minutes from the Special Meeting, September 03, 2002 Councilmember Wasiluk moved to approve the Special Meeting Minutes as presented. Seconded by Councilmember Juenemann Ayes-All 2. Minutes from the CounciUManager Workshop, September 09, 2002 Councilmember Juenemann moved to approve the CounciUMana~er Workshop Minutes as presented. Seconded by Councilmember Wasiluk Ayes-All 3. Minutes from the City Council Meeting, September 09, 2002, Meeting No. 02-21 Councilmember Wasiluk moved to approve the City Council Meeting Minutes as amended. Seconded by Councilmember Koppen Ayes-All E. APPROVAL OF AGENDA M 1. Council presentation October 21 M2. School Referendum Councilmember Collins moved to approve the agenda as amended. Seconded by Councilmember Wasiluk Ayes-All City Council Meeting 09-23-02 1 F G. APPOINTMENT S/PRESENTATIONS None CONSENT AGENDA Councilmember Wasiluk moved to approve the consent agenda items 1-7 and 9-10 as presented. Seconded by Councilmember Collins Ayes-All Councilmember Juenemann moved to approve the consent agenda item 8 as presented. Seconded by Councilmember Wasiluk Ayes-All 1. Approval of Claims ACCOUNTS PAYABLE $112.00 Checks #58778 dated 9/4/02 $307,574.80 Checks #58779 thru #58820 dated 9/6 thru 9/10/02 $284,019.64 Disbursements via debits to checking account dated 8/30 thru 9/9/02 $176.83 Checks #58821 dated 9/12/02 $484,293.63 Checks #58822 thru #58901 dated 9/17/02 $590,018.10 $1,666,195.00 PAYROLL $413,374.65 $45,938.77 $459,313.42 $2,125,508.42 2. Resolution Acce Disbursements via debits to checking account dated 9/9 thru 9/13/02 Total Accounts Payable Payroll Checks and Direct Deposits dated 9/13/02 Payroll Deduction checks #90485 thru #90491 dated 9/13/02 Total Payroll GRAND TOTAL Ming Election Judges-General Election November 5, 2002 Accepted the following list of Election Judges for the 2002 State General Election: City Council Meeting 09-23-02 2 RESOLUTION 02-09-155 RESOLUTION ACCEPTING ELECTION.]IJDGES RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for the 2002 State General Election, to be held on Tuesday, November 5, 2002: Charlotte Alm Anne Fosburgh Marvella Lackner Sophie Peterson Elsie Anderson Mary Ann Franssen Rita Lally Lorraine Petschel Carol Arnold Rita Fredrickson Richard Lambert Jacque Phillippi Marlys Barrett Bevery Gelao Anita Larson Bev Poleceh Joan Bartelt Clarice Gierzak Nancy Lash Ida Quistad Gerald Behm Mark Gilstad Robert Lundgren Linda Randolph Jaime Belland Diane Golaske Lorraine Lauren Marlene Reitmann Carol Berger Betty Granger Anita Leeman RoseMarie Rossi Merv Berger Guy Grant Barbara Leiter Elaine Rudeen Pat Blank Mary Grant Jacqueline Leiter Ronald Rutz Donna Brown Pierre Guilfoile Thelma Ling Florence Sajevic Jeanette Bunde Ray Gullickson William Little Karla Sand Joan Button Betty Haas Delores Lofgren Larry Schaaf Lucille Cahanes Carol Hamre Richard Lofgren Mary Ann Schneider Geraldine Callahan Ronald Hamre Shirley Luttrell Sandy Schoenecker Anne Cardenas Wendy Haavistor Paul Maeyaest Don Schroepfer Robert Carr Walter Hayde Carol Mahre Harriet Schroepfer Margaret Cokley Jacqueline Hayne Rose Marie Manders Teresa Shore Thomas Connelly Lloyd Hecht Claire Markie Richard Simmer Mae Davidson Gordon Heininger Thomas Maskrey Evelyn Skluzacek Lawrence Dean John Henry Esther Maudal Terese Sonnek Virginia Dehen Pat Hensley Jackie Meyer Bob Spangler Bernice Del Monte Constance Hines Joan Misgen Louis Spies Bhupat Desai Anna Mae Hogan Bill Moen Kenneth Sullivan Kumad Desai Jennifer Hollerbach Katherine Mollers Theresa Sullivan Jean Dickson Shirley Horton Arthur Mollica Lorraine Taylor Kathy Dittle Kevin Hustings Jackie Monahan- Rita Taylor Grace Dornfeld Mildred Iversen Junek Faith Thomforde Diane Droeger Nancy Jackson Betty Mossong Milo Thompson Fred DuCharme Robert Jackson Delores Marsch Pat Thompson Audrey Duellman Jeff Janacek Howard Muraski D. Franklin Tolbert Marge Dvorak Barbara Jensen James Nieman Carmen Tomaszewski Betty Eddy Barbara Johnson Louise Nieters Geraldine Trooien Carolyn Eickhoff Don Jungmann Rozanne Nohre Patricia Trumble John Eineke Marilyn Kidman Ann Marie Norberg Cecilia Tucker Elizabeth Erickson Helen King Neva Norman Barbara Vandeveer Shirley Evertz Rosemary Koch Beverly Ogilvie Mary Vante Ann Fallon Ron Kockelman Elizabeth Olson Gene Wandersee Lorraine Fischer Joan Kolasa Mary Olson Gayle Wasmundt Mary Fischer Joseph Kolasa Norman Olson John Willy Delores Fitzgerald Nicole Korolchuk Phyllis Pauly Delores Witschen Edward Fitzgerald Mona Krekelberg David Pehl Sandra Wittmann Bob Flood Margaret Kunde Karyl Petersen 3. Personal Service License-Deborah Hart Approved the individual personal service license for Deborah Sue Hart. City Council Meeting 09-23-02 3 4. Fee Waiver Request (Temporary Food)-Hmong Alliance Church Waived the $45.00 per day permit fee for the Hmong Alliance Church, 1770 McMenemy Street. 5. Revisions to Personnel Policies Approved the proposed revisions to the Maplewood Personnel policies: Section 9- Annual Leave and Section 4-Employment of Family Members. 6. Resolution Requesting Speed Study on McKnight Road between Maryland Avenue and Larpenteur Avenue Adopted the following resolution that requests a speed study for McKnight Road between Larpenteur Avenue and Maryland Avenue. RESOLUTION 02-09-156 REQUESTING SPEED STUDY MCKNIGHT ROAD (MARYLAND to LARPENTEUR) WHEREAS, Ramsey County has jurisdiction of McKnight Road between Maryland Avenue and Larpenteur Avenue within the City of Maplewood, and WHEREAS, residents along this segment of roadway are concerned with the overall roadway speed, and WHEREAS, a speed study will provide an evaluation to determine the appropriate speed for this segment of roadway. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: A speed study of McKnight Road between Maryland Avenue and Larpenteur Avenue is hereby requested to evaluate the segment speed limit. Signal Agreement with Washington County, Ramsey County, City of Woodbury and City of Maplewood for Signal Maintenance at Upper Afton Road and Century Avenue Approved the four-party agreement with Washington County, Ramsey County, and the City of Woodbury and the City of Maplewood for signal maintenance at Upper Afton Road and Century Avenue and authorize the Mayor and Manager to sign the agreement. 8. Proclamation-Crime Prevention Month Approved the following Resolution of Proclamation for Crime Prevention Month in October: RESOLUTION 02-09-157 City Council Meeting 09-23-02 4 CRIME PREVENTION MONTH PROCLAMATION WHEREAS, the vitality of our City depends on how safe we keep our homes, neighbor-hoods, schools, workplaces and communities; WHEREAS, crime and fear of crime destroy our trust in others and in institutions, threatening the community's health, prosperity and quality of life; WHEREAS, people of all ages must be made aware of what they can do to prevent themselves and their families, neighbors and co-workers from being harmed by crime, violence and drugs; WHEREAS, the personal injury, financial loss and community deterioration resulting from crime are intolerable and require investment from the whole community; WHEREAS, crime prevention initiatives must include self-protection and security, but they must go beyond these to promote collaborative efforts to make neighborhoods safer for all ages and to develop positive educational and recreational opportunities for young people; WHEREAS, adults must invest time, resources and policy support in effective prevention and intervention strategies for youth, and teens must be engaged in driving crime from their communities; WHEREAS, effective crime prevention programs excel because of partnerships among law enforcement, other government agencies, civic groups, schools, faith communities, businesses and individuals as they help to nurture communal responsibility and instill pride; NOW, THEREFORE, we do proclaim October 2002 as Crime Prevention Month in the City of Maplewood and urge all citizens, government agencies, public and private institutions and businesses to invest in the power of prevention and work together for the common good. 9. Conditional Use Permit Review-Sobriety High School (2055 White Bear Avenue) Agreed to review the conditional use permit for Sobriety High School at 2055 White Bear Avenue in one year. 10. Budget Transfer for Bruentrup Farm Authorized a transfer of $4,700 from the General Fund contingency account to finance the installation of water and sewer service at Bruentrup Farm H. PUBLIC HEARINGS 1. 7:00 p.m. (7:08 p.m.) Conditional Use Permit-Budget Towing (1291 Frost Avenue) a. City Manager Fursman presented the staff report. b. Associate Planner Finwall presented specifics from the report. a Commissioner Rossbach presented the Planning Commission report from September 4, 2002. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The City Council Meeting 09-23-02 following people were heard: Roy Carlson, Budget Tire of Minnesota, 1291 Frost Avenue, Maplewood Dorothy Cartier, 1315 Frost Avenue, Maplewood e. Mayor Cardinal closed the public hearing. Councilmember Collins moved to adopt the following resolution approving a conditional use permit for the exterior display of tires at 1291 Frost Avenue: CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Roy Carlson applied for a conditional use permit to display ten tire racks at Budget Towing and Tire; WHEREAS, this permit applies to property located at 1291 Frost Avenue, Maplewood, Minnesota. WHEREAS, the legal description is Lot 3, Block 1, Lincoln Park; WHEREAS, the Ramsey County Property Identification Number for this property is 16-29-22-14-0094; WHEREAS, the history of this conditional use permit is as follows: 1. On September 4, 2002, the planning commission recommended that the city council approve the conditional use permit. 2. On September 23, 2002, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The council conducted the public hearing whereby all public present were given a chance to speak and present written statements. The city council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-described conditional use permit based on the building and site plans. The city approved 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 City Council Meeting 09-23-02 6 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. 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 of the conditional use permit is subject to the following conditions: 1. The exterior display of tires is limited to normal business hours (either 7 a.m. to 7 p.m. or 8 a.m. to 8 p.m.). All tires must be stored inside the building during close of business. 2. The exterior display of tires is limited to 8 tire racks that hold 18 tires each. 3. The exterior display of tires is limited to the west side of the building and toward the front of the west garage door. 4. The conditional use permit shall be reviewed for compliance with the required conditions in the event the property is leased to a new business that intends to operate an automobile related business with exterior tire display. 5. If the conditional use permit for exterior display of tires is abandoned and ceases for a continuous period of one year or more, the conditional use permit will become null and void. 6. Pavement on the site must be repaired and resurfaced by June 1, 2003. 7. The conditional use permit for the exterior display of tires shall be reviewed again in one year. 8. No vehicles may be towed, parked, or stored at this location. 9. The following improvements must be made to the building and property by June 1, 2003: paint the building, remove the black paint from the windows, remove the old oil tank from the west side of the building, and install landscaping in the front of the property. Seconded by Mayor Cardinal Ayes-Mayor Cardinal, Councilmember Collins Nays-Councilmembers Koppen, Juenemann and Wasiluk Motion Failed. Councilmember Koppen moved to adopt the following resolution approving a conditional use permit as described in the staff report for the exterior display of tires at 1291 Frost Avenue: City Council Meeting 09-23-02 '7 RESOLUTION 02-09-158 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Roy Carlson applied for a conditional use permit to display ten tire racks at Budget Towing and Tire; WHEREAS, this permit applies to property located at 1291 Frost Avenue, Maplewood, Minnesota. WHEREAS, the legal description is Lot 3, Block 1, Lincoln Park; WHEREAS, the Ramsey County Property Identification Number for this property is 16-29-22-14-0094; WHEREAS, the history of this conditional use permit is as follows: 1. On September 4, 2002, the planning commission recommended that the city council approve the conditional use permit. 2. On September 23, 2002, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The council conducted the public hearing whereby all public present were given a chance to speak and present written statements. The city council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-described conditional use permit based on the building and site plans. The city approved 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. 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 City Council Meeting 09-23-02 features into the development design. 9. The use would cause minimal adverse environmental effects. Approval of the conditional use permit is subject to the following conditions: 1. The exterior display of tires is limited to normal business hours (either 7 a.m. to 7 p.m. or 8 a.m. to 8 p.m.). All tires must be stored inside the building during close of business. 2. The exterior display of tires is limited to 10 tire racks that hold 18 tires each. 3. The exterior display of tires is limited to the west side of the building and toward the front of the west garage door. 4. The conditional use permit shall be reviewed for compliance with the required conditions in the event the property is leased to a new business that intends to operate an automobile related business with exterior tire display. 5. If the conditional use permit for exterior display of tires is abandoned and ceases for a continuous period of one year or more, the conditional use permit will become null and void. 6. Pavement on the site must be repaired and resurfaced by June 1, 2003. 7. The conditional use permit for the exterior display of tires shall be reviewed again in one year. 8. No vehicles may be towed, parked, or stored at this location overnight (excluding one tow truck which maybe parked on the exterior of the building overnight). 9. The following improvements must be made to the building and property by June 1, 2003: paint the building, remove the black paint from the windows, remove the old oil tank from the west side of the building, and install landscaping in the front of the property. Seconded by Councilmember Wasiluk Ayes-All 2. 7:15 p.m. Highwood Farm (Highwood Avenue East) Preliminary Plat Zoning Map Change (F to R-1) a. City Manager Fursman presented the staff report. b. Associate Planner Roberts presented specifics from the report. a Commissioner Rossbach present the Planning Commission Report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Charles Cox, CEC Development, 1111 McKnight Road South Tony Dierich, 2624 Promontory Place East, Maplewood Trinh Tramberg, 1018 Dennis Street South, Maplewood City Council Meeting 09-23-02 9 John Farachi, Development Engineering, 1296 Hudson Road, St. Paul Chris Gierke, 1024 Dennis Street, Maplewood Jim Corcoran, 984 Dennis Street, Maplewood Margaret Cougar, 2684 Highwood, Maplewood John Maslowski, 1004 Dennis Street Ryan Merz, 2684 Highwood, Maplewood Ron Sullivan, 2628 Nemitz Avenue, Maplewood David Meyers, 3021 Park Avenue, Minneapolis Three additional speakers addressed the council but did not identify themselves e. Mayor Cardinal closed the public hearing. Councilmember Collins moved to table the Highwood Farms preliminary~lat and zoning map change until October 28. 2002. Seconded by Mayor Cardinal Ayes-All I. AWARD OF BIDS None J. UNFINISHED BUSINESS 1. Conditional Use Permit Review and Right-of-Way User Agreement-2194 Van Dyke Street (Lanndervilles) a. City Manager Fursman presented the staff report. b. Associate Planner Finwall presented specifics from the report. a The following people were heard: Harold Wilson, 1877 East County Road B, Maplewood Roy Hardwick, 2182 Van Dyke Street, Maplewood Ernest Payette, 2195 Hazel Street, Maplewood John Mason, 585 Harriet Avenue, St. Paul Mariam Tschida, 2230 Van Dyke, Maplewood Julie (inaudible), driver for Student Drive, 263 Pendred Circle, Woodbury Connie Launderville, 2194 VanDyke, Maplewood Councilmember Collins moved to approve the conditional use permit for the storage of one commercial vehicle on the residential property at 2194 Van Dyke Street, maintain close staff monitoring and review the conditional use permit again in one , Seconded by Councilmember Juenemann Ayes-All K. NEW BUSINESS City Council Meeting 09-23-02 10 1. AFSCME 2003-4 Labor Agreement a. City Manager Fursman presented the staff report and specifics from the report. b. Human Resources Director Le presented specifics from the report. Councilmember Collins moved to approve the AFSCME Clerical/Technical& Maintenance labor ageement for 2003 & 2004. Seconded by Councilmember Juenemann Ayes-All 2. County Road D Improvement, Project 01-15: Resolution for Modification of Existing Construction Contract, Change Order No. 2 a. City Manager Fursman presented the staff report. b. Assistant City Engineer Cavett presented specifics from the report. Councilmember Collins moved to approve the following resolution Directing the Modification of the Existing Construction Contract for the County Road D Improvements, Project 01-15: RESOLUTION 02-09-159 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 01-15, County Road D 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 01-15, Change Order No. 2. 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 Order No. 2 in the amount of $7,131.99. The revised contract amount is $1,067,346.15. No revisions to the project budget are required at this time, as these changes fall within the original project budget. Seconded by Councilmember Juenemann Ayes-All 3. Traffic Control Revisions in the Gladstone South Neighborhood, Project 00-03 a. City Manager Fursman presented the staff report. b. Assistant City Engineer Cavett presented specifics from the report. Councilmember Juenemann moved to approve staff recommendation for revisions to the neighborhood traffic control as part of the Gladstone South Neighborhood Street Improvements, Project 00-03. City Council Meeting 09-23-02 11 Seconded by Councilmember Koppen Ayes-All 4. Property Purchase Agreement-189 Larpenteur Avenue East a. City Manager Fursman presented the staff report and presented specifics from the report. Councilmember Collins moved to approve the purchase asreement for 189 Larpenteur Avenue and authorize staff to execute the necessary documents to finalize the closing to acquire the property. Seconded by Councilmember Koppen Ayes-All 5. Review of Group Home Rules and Regulations a. City Manager Fursman presented the staff report. b. Assistant City Manager Coleman presented specifics from the report. c. Acting Chief Thomalla provided further facts and call statistics on the properties. d. Assistant Fire Chief Swenson provided fire call statistics on the properties. e. The following people were heard: Tim Hammond, DDR Contract Manager for Ramsey County Ruth Trapold, 2477 Brenner Avenue East, Maplewood No action was taken. A community meeting on this topic will be arranged by Ms. Coleman for further review of identified issues. L. VISITOR PRESENTATIONS None M. COUNCIL PRESENTATIONS 1. October 21, 2002-Councilmember Juenemann reminded council of the Fire/ EMS Study on Monday, October 21st 2. School Referendum-Councilmember Koppen would like to see the council adopt a resolution in support of the District 622 Referendum. N. ADMINISTRATIVE PRESENTATIONS None O. ADJOURNMENT Councilmember Wasiluk moved to adjourn the meeting at 11:02 p.m. City Council Meeting 09-23-02 12 Seconded by Councilmember Juenemann Ayes -All City Council Meeting 09-23-02 13