HomeMy WebLinkAbout07-22-2003MINUTES
MAPLEWOOD CITY COUNCIL
7:03P.M. Tuesday, July 22, 2003
Council Chambers, Municipal Building
Meeting No. 03-16
A. CALL TO ORDER
A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and
was called to order at 7:03 P.M. by Mayor Cardinal.
B. PLEDGE OF ALLEGIANCE
C. 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
D. APPROVAL OF MINUTES
1. Minutes from the July 14, 2003 City Council/Manager Workshop
Councilmember Wasiluk moved to approve the CounciUManager Workshop Minutes of Ju1~14
2003 as presented.
Seconded by Councilmember Juenemann Ayes-All
2. Minutes from the July 14, 2003 City Council Meeting
Councilmember Juenemann moved to approve the City Council Meeting Minutes of July 14,
2003 as presented.
Seconded by Councilmember Collins
E. APPROVAL OF AGENDA
M 1. National Night Out
M2. Reconsideration of Hanford
Action
M3. Board of Water Commission
Ayes-All
M4. Little Bacon Davis Act
M5. Webster Dental Lab
M6. NEST
N1. 911 Update
Councilmember Wasiluk moved to approve the agenda as amended.
Seconded by Councilmember Koppen Ayes-All
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F. APPOINTMENTS/PRESENTATIONS
None
G. CONSENT AGENDA
1. Approval of Claims
ACCOUNTS
PAYABLE
$19,746.24 Checks #61347 thru #61348 dated 7/7 thru
7/10/03
$521,050.33 Checks #61349 thru #61393 dated 7/15/03
$2,747,970.81 Disbursements via debits to checking account
dated 7/3 thru 7/10/03
$3,288,767.38 Total Accounts Payable
$3,288,767.38 GRAND TOTAL
2. SuperAmerica-3.2 Off-Sale Beer License
Approved the 3.2 Malt Liquor License for Heidi Polos to be used at the Super America
located at 2529 White Bear Avenue.
3. Make-A-Wish Foundation-Temporary Gambling Resolution
Adopted the following resolution approving the temporary gambling license to conduct a
raffle for Jim Roehl on behalf of the Make-A-Wish Foundation to be used at the Chalet's
outdoor event on July 26:
RESOLUTION 03-07-135
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary
premises permit for lawful gambling is approved for the Make-A-Wish Foundation.
FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of
application for said permit as governed by Minnesota Statute §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
Minnesota Statute §349.213.
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.
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4. Maplewood Athletic Association-Food Permit Fee Waiver
Waived the $46.00 food permit fee for The Maplewood Athletic Association for their end
of the year youth baseball tournament on July 25-27~', 2003 aY Harvest Park.
5. Minnesota Waldorf School-Temporary Gambling Resolution
Approved the temporary gambling permit to conduct a raffle to Dan Odegard, on behalf
of the Minnesota Waldorf School to be used on November 22, 2003 form 10:00 a.m. to
4:00 p.m.
RESOLUTION 03-07-140
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary
premises permit for lawful gambling is approved for the Minnesota Waldorf School.
FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of
application for said permit as governed by Minnesota Statute §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
Minnesota Statute §349.213.
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.
6. Conditional Use Permit Review-Bruentrup Farm (2170 County Road D)
Approved to review the conditional use permit for the Bruentrup Heritage Farm at 2170
County Road D if the city proposes a change or expansion to the facility.
7. Conditional Use Permit Review-Hmong Alliance Church (1770 McMenemy Street)
Approved to review the conditional use permit for the Hmong Alliance Church at 1770
McMenemy Street again in one year or if the owner proposes a major change.
8. Conditional Use Permit Review-Over-sized Accessory Structure (1481 Henry Lane)
Approved to review the conditional use permit for Gary Schlomka's oversized accessory
structure at 1481 Henry Lane again in one year to ensure compliance with all required
conditions.
9. Conditional Use Permit Review-Goodrich Golf Course Clubhouse (1820 Van Dyke
Street)
Approved to review the conditional use permit for Goodrich Golf Course Clubhouse at
1820 Van Dyke Street again if the applicant proposes a change to the golf course or
building.
Councilmember Wasiluk moved to approve the consent agenda items as presented.
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Seconded by Councilmember Koppen Ayes-All
H. PUBLIC HEARINGS
1. 7:12 p.m. Liberty Classical Academy Conditional Use Permit (1717 English Street)
a. City Manager Fursman presented the staff report.
b. Associate Planner Roberts presented specifics from the report.
a Commissioner Monahan-Junek presented the Planning Commission Report.
d. Kathy Smith, the applicant, 1964 Price Street was present for questions.
e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following persons were heard:
None
f Mayor Cardinal closed the public hearing.
Councilmember Wasiluk moved to adopt the following resolution approving the conditional use
permit for the Liberty Classical Academ,~perate a school in the church building at 1717
English Street:
CONDITIONAL USE PERMIT RESOLUTION 03-07-136
WHEREAS, Ms. Kathy Smith, representing Liberty Classical Academy, is requesting that Maplewood
approve a conditional use permit for a school to operate in an existing church.
WHEREAS, this permit applies to the property at 1717 English Street. The legal description is:
The North 262 feet of the South 531.5 feet of the East'/z of the SE'/4 of the SE'/4, subject to streets,
in Section 16, Township 29, Range 22 (PIN 16-29-22-44-0021)
WHEREAS, the history of this conditional use permit is as follows:
1. On July 7, 2003, the planning commission recommended that the city council approve this permit.
2. On July 22, 2003, 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 thatthe 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
Maplewood's Comprehensive Plan and Code of Ordinances.
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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. The school use shall follow the plans dated June 6, 2003, as approved by the city. The director
of community development may approve minor changes.
2. The proposed school must be started in this location within one year after council approval or
the permit shall end. The council may extend this deadline for one year.
3. The school shall have no more than 60 students.
4. The property owner or manager shall sweep and stripe the parking lot before the school
occupies their space. This shall include having two handicapped parking spaces in the parking
area west of the building near the entrance to the school space.
5. The school, the church, the fire marshal and the city building official shall agree on a plan for
the school and the church to make the required life safety and building improvements to the
building. This plan shall include the installation of:
a. The required fire protection (sprinkler) systems.
b. An early warning fire protection system (smoke detection and monitoring).
c. Additional emergency lights and exit signs (if necessary).
d. Updated doors and hardware.
e. The necessary changes to meet the handicapped accessibility code requirements.
f A proper address on the building.
g. Any other changes the fire marshal or the building official deem necessary.
6. The city council shall review this permit in one year.
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Seconded by Councilmember Koppen Ayes-All
I.
J.
AWARD OF BIDS
1. Lockers for Maplewood Community Center
a. City Manager Fursman presented the report.
b. Parks and Recreation Director Anderson presented specifics from the report.
Councilmember Wasiluk moved to award the locker bid to the local representative of Bartley
Sales in the amount of $101,000 with $26,000 being allocated from the park development fund
and $75,000 from the Maplewood Community Center fund.
Seconded by Councilmember Koppen Ayes-All
2. Cured-in-Place Pipe, Project 03-25; Resolution for Award of Bid
a. City Manager Fursman presented the report.
b. Assistant City Engineer Cavett presented specifics from the report.
Councilmember Koppen moved to award the bid for cured-in-place pipe to Lametti and Sons
$128.011.00 and authorized the Finance Director to transfer the appropriate funds from the
Sanitary Sewer Fund to the 03-25 proiectfund.
Seconded by Councilmember Juenemann Ayes-All
UNFINISHED BUSINESS
1. 2:00 a.m. Bar Closing
a. City Manager Fursman presented the staff report.
Council asked staff to research:
• Drive through traffic
• Reasons to change the time
• How much the city would gain in fees
• Business plans from bar owners
Councilmember Koppen
Seconded by Mayor Cardinal Ayes-Mayor Cardinal and Councilmember
Koppen
Nays-Councilmembers Collins, Juenemann
and Wasiluk
Motion failed
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K. NEW BUSINESS
1. Edgerton/Roselawn Area Drainage Improvements, Project 03-27-Resolution Ordering
Preparation of Feasibility Study
a. City Manager Fursman presented the staff report.
b. Assistant City Engineer presented specifics from the report.
Councilmember Juenemann moved to adopt the following resolution ordering the Preparation of
the feasibility for the Edgerton/Roselawn Area Drainage Improvements. Project 03-27:
RESOLUTION 03-07-137
ORDERING PREPARATION OF A FEASIBILITY STUDY
WHEREAS, it is proposed to make Edgerton/Roselawn Area Drainage Improvements, City
Project 03-27, and to assess the benefited property for all or a portion of the cost of the improvement,
pursuant to Minnesota Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
That the proposed improvement be referred to the city engineer for study and that he is instructed
to report to the council with all convenient speed advising the council in a preliminary way as to
whether the proposed improvement is necessary, cost effective and feasible and as to whether it should
best be made as proposed or in connection with some other improvement, and the estimated cost of the
improvement as recommended.
FURTHERMORE, funds in the amount of $25,000 are appropriated to prepare this feasibility
report.
Seconded by Councilmember Collins Ayes-All
2. County Road D Realignment Improvements, Projects 02-07, 02-08, Resolution
Accepting Report and Calling for Public Hearing
a. City Manager Fursman presented the staff report.
b. Assistant City Engineer Cavett presented specifics from the report.
Councilmember Juenemann moved to adopt the following resolution accepting the Preliminary
Report for the County Road D Realignment Project (Cit,~ Projects 02-07 and 02-08) and calling
for a Public Hearing for Segment #1(02-07) between Hazelwood and TH 61 for 7:00 p.m. on
August 25, 2003:
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RESOLUTION 03-07-138
ACCEPTING PRELIMINARY REPORT
CALLING PUBLIC HEARING
WHEREAS, on December 9, 2002, the City Council selected an alignment for County Road D
between Hazelwood Street and Trunk Highway 61 (TH 61) and between TH 61 and Highridge Court,
City Projects 02-07 and 02-08, respectively, and
WHEREAS, pursuant to resolution of the council adopted May 12, 2003, a report has been
prepared under the direction of the city engineer with reference to the improvement of County Road D
between Hazelwood Street and Trunk Highway 61, City Project 02-07, and County Road D between
Trunk Highway 61 and Highridge Court, City Project 02-08 and this report was received by the council
on July 22, 2003, and
WHEREAS, the report provides information regarding whether the proposed project is
necessary, cost-effective, and feasible,
WHEREAS, the City Engineer has reported that only Segment #1, County Road D between
Hazelwood Street and Trunk Highway 61, City Project 02-07, is prepared for the necessary public
hearing portion.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. The council will consider the improvement of only Segment #1, County Road D between
Hazelwood Street and Trunk Highway 61, City Project 02-07, 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 for the improvement of $6,307,800.
2. The remaining segments of said improvement shall be tabled for consideration within the
following one to five months as determined appropriate by the City Engineer.
3. A public hearing shall be held on such proposed improvement on the 25th day of August 2003 in
the council chambers of city hall at 7:00 p.m., and the clerk shall give mailed and published
notice of such hearing and improvement as required by law.
Seconded by Councilmember Koppen Ayes-Councilmembers Collins,
Juenemann, Koppen and Wasiluk
Abstain-Mayor Cardinal
3. Legacy Parkway, Kennard to Southlawn, Project 03-26-Resolution Accepting Report
and Calling for Public Hearing
a. City Manager Fursman presented the staff report.
b. Assistant City Engineer Cavett presented specifics from the report.
Councilmember Collins moved to adopt the following resolution accepting the preliminary
Report for the Le~acy Parkwa~provements (Kennard to Southlawn). Project 03-26, and
calline a public hearine for 7:45 p.m. on August 25. 2003:
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RESOLUTION 03-07-139
ACCEPTING REPORT
CALLING FOR PUBLIC HEARING
WHEREAS, pursuant to resolution of the council adopted July 14, 2003, a report has been
prepared under the direction of the city engineer with reference to the improvement of Legacy Parkway
(Kennard to Southlawn), City Project 03-26, and this report was received by the council on July 22,
2003, 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:
4. 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 for the improvement of $1,352,850.
5. A public hearing shall be held on such proposed improvement on the 25th day of August 2003 in
the council chambers of city hall at 7:45 p.m., and the clerk shall give mailed and published
notice of such hearing and improvement as required by law.
Seconded by Councilmember Juenemann Ayes-All
4. Public Purpose Expenditure Policy
a. City Manager Fursman presented the staff report.
Mr. Fursman explained that in light of recent state auditor investigations of expenditures, and
with a number of city events up and coming, a Public Purpose Expenditure Policy was created.
The intent of this policy was to express that events are held in appreciation of city staff,
commissions, volunteers and committees as a part of city policy and can continue on without
question.
Councilmember Juenemann felt it was appropriate to put this practice into policy form and how
important it is to recognize contributions made by employees and volunteers because that is what
makes the city run.
City Manager Fursman felt there is a significant amount of value and productivity received that
goes beyond compensation and that this indeed is a form of recognizing and compensating for
those efforts. Without this, the overall quality will go down because peoples #1 need is to be
recognized for their efforts.
Mayor Cardinal moved to approve the policy entitled "City of Maplewood Public Purpose
Expenditure Policy" which will be incorporated into the City of Maplewood Personnel Policies
and will be distributed to all staff and elected officials.
Seconded by Councilmember Juenemann Ayes-All
L. VISITOR PRESENTATIONS
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1. David Shippee, Lakeview Lutheran Church Affordable Housing Team, 1194 East County
Road C-supported Councilmember Wasiluk's wish to reconsider the vote from the July
14~' City Council Meeting regarding Legacy Village.
2. Pastor Gary Olson, Lakeview Lutheran Church, 1194 East County Road C-asked the city
council members to reconsider their vote regarding Legacy Village from the Julyl4th
City Council Meeting.
3. Edward Kivel, 1880 Mary Knoll Avenue, spoke regarding a sewer backup on his
property.
4. Pastor Chris Becker, 1210 7~' Street West, Inver Grove Heights-encouraged council to
look at affordable housing in the city economically, justly and with compassion so that
Maplewood can be a leader for other cities.
5. Chris Connery-member of the United Food and Service Workers Union, 1291 Sargent
Avenue, St. Paul-stated over 600 of the union's members are employed or live in
Maplewood. He also read a letter from Don Seaquist, President of UFCW loca1789
asking council to reconsider plans to develop low-density high cost housing on the
Hajicek property.
M. COUNCIL PRESENTATIONS
1. National Night Out-Tuesday, August 5-Chief Thomalla encouraged neighborhoods to
participate in the block parties throughout the city.
2. Reconsideration of Hariford-
Councilmember Wasiluk moved to reconsider the Legacy Village Project.
Seconded by Mayor Cardinal
Mayor Cardinal withdrew his second Motion died.
3. Board of Water Commission-Councilmember Collins announced Bernie Bullert,
Manager for the Board of Water Commissioners, is retiring November 6, 2003.
4. Little Bacon Davis Act-Councilmember Koppen requested that staff ensure that the Little
Bacon Davis Act is being followed by the city. City Attorney Kelly stated that it is.
5. Webster Dental Lab-Councilmember Koppen conveyed that the lab is very concerned
about parking issues.
6. NEST-Councilmember Koppen informed the public that rates maybe raised due to state
budget cuts.
N. ADMINISTRATIVE PRESENTATIONS
1. 911 Update-City Manager Fursman described an incident regarding a specific 911 call.
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O. ADJOURNMENT
Councilmember Collins moved to adjourn the meeting at 10:35 p.m.
Seconded by Councilmember Juenemann Ayes -All
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