HomeMy WebLinkAbout07-14-1997 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, July 14, 1997
Council Chambers, Municipal Building
Meeting No. 97-13
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 Bastian.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL:
Gary W. Bastian, Mayor Present
Sherry Allenspach, Councilmember Present
Dale H. Carlson, Councilmember Present
Marvin C. Koppen, Councilmember Present
George F. Rossbach, Councilmember Present
D. APPROVAL OF MINUTES:
1. Minutes of Meeting 97-12 (June 23,1997)
Councilmember Carlson moved to approve the minutes of Meeting No. 97-12 (June 23,
1997) as presented.
Seconded by Councilmember Rossbach Ayes -all
E. APPROVAL OF AGENDA:
Mayor Bastian moved to approve the Agenda as amended:
Ll Upcoming Events
L2 Duluth Street Storm Sewer
L3 Mayor's Update
Seconded by Councilmember Carlson Ayes -all
EA. APPOINTMENTS/PRESENTATIONS
1. National Night Out
a. Manager McGuire introduced the staff report
b. Colleen Dirkswager presented the specifics of the proclamation.
b. Mayor Bastian introduced the following proclamation and moved its adoption.
PROCLAMATION
WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique,
nationwide crime and drug prevention program on August 5,1997, called "National Night Out; and
WHEREAS, the "13th Annual National Night Out" provides a unique opportunity for
Maplewood to join forces with thousands of other communities across the country in promoting
cooperative, police-community crime prevention efforts; and
WHEREAS, Maplewood plays a vital role in assisting the Police Department through joint
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crime and drug prevention efforts in Maplewood and is supporting "National Night Out 1997"
locally; and
WHEREAS, it is essential that all citizens of Maplewood be aware of the importance of crime
prevention programs and impact that their participation can have on reducing crime, drugs, and
violence in Maplewood; and
WHEREAS, police-community partnerships and neighborhood safety and awareness and
cooperation are important themes of the "National Night Out" program;
NOW, THEREFORE, I call upon all citizens of Maplewood to join the Police Department and
the National Association of Town Watch in supporting the "14th Annual National Night Out" on
August 5, 1997.
FURTHER, LET IT BE RESOLVED, that I, Gary Bastian, as Mayor and on behalf of the
Maplewood City Council, do hereby proclaim
TUESDAY, AUGUST 5, 1997
as
NATIONAL NIGHT OUT
in the City of Maplewood, and urge all residents in joining with the City in celebration at City Hall
and the Community Center campus.
Proclaimed this 14th day of July,1997.
Seconded by Councihnember Allenspach Ayes - all
MAYOR BASTIAN, SECONDED BY COUNCILMEMBER CARLSON, AYES ALL, TO AMEND THE
AGENDA BY MOVING ITEM J-10 TO BECOME EA-2.
2. M.A.A. Field Update (MOVED FROM J-10)
a. Wayne Lund, representing the Maplewood Athletic Association, requested support
from the City of Maplewood.
NO ACTION WAS TAKEN ON THE REQUEST
F. CONSENT AGENDA:
Councihnember Carlson moved, seconded by Councihnember Koppen; ayes -all, to approve the
Consent Agenda, Items F-1 thru F-8 and F-10 thru F13, as recommended. (Item F-9 moved to J-11).
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 94,300.29 Checks #7116-#7120 Dated 613 -97
$ 80,605.31 Checks #32338-#32470 Dated 6-24-97
$ 6,484.41 Checks #7121-#7129 Dated 6-20-97 thru 6-26-97
$ 290,413.76 Checks #32477-#32620 Dated 7-1-97
$ 146,608.92 Checks #7030-#7138 Dated 6-30-97 thru 7-2-97
$ 292,596.94 Checks #32623-#32710 Dated 7-8-97
$ 911,009.63 Total Accounts Payable
PAYROLL: $ 288,284.46 Payroll Checks and Direct Deposits Dated 6-27-97
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$ 47,131.26 Payroll Deduction Checks #59521-#59533 Dated 6-27-97
$ 335,415.72 Total Payroll
57.246,425.35 GRAND TOTAL
2. Change Order for Phase One Construction of Wakefield Park
Approved Change Order No. 1 in the amount of $8,650 for modifications to the contract
for Phase One Construction of Wakefield Park, and directed staff to make the necessary
budget adjustments from unallocated PAC monies.
3. Arcade Street and Highwood Avenue Jurisdiction Resolution
Adopted the following Resolution:
97-07-68
REJURISDICTION OF ARCADE STREET AND HIGHWOOD AVENUE
WHEREAS, the 1991 Minnesota Legislature established a Ramsey County Local Government
Services Study Commission to "report on the advantages and disadvantages of sharing, cooperating,
restructuring, or consolidating..." activities in areas of public service including public works; and
WHEREAS, the Consolidation plan provides for reclassification ofroadways and corresponding
changes in jurisdiction including the transfer of local and State Aid roadways between the County
and municipalities; and
WHEREAS, Arcade Street (County State Aid Highway 60) from Trunk Highway 61 to Trunk
Highway 36, and Highwood Avenue (County State Aid Highway 74) from McKnight Road to
Century Avenue, located in the City of Maplewood, are presently under the jurisdiction of Ramsey
County as County State Aid Highways; and
WHEREAS, these roadways have been determined to serve a local function only; and
WHEREAS, revocation of "County State Aid Highway" status may be accomplished by
resolution of the Ramsey County Board of Commissioners pursuant to Minnesota Statutes 3162.02;
and
WHEREAS, the City of Maplewood has concurred that the jurisdiction should be changed from
Ramsey County to the City of Maplewood; and
WHEREAS, the consolidation plan stipulates that Ramsey County shall improve the roadways
to acceptable levels prior to transferring jurisdiction over roadway segments from Ramsey County
to municipalities, and the Ramsey County Capital Improvement Program provides funding forthese
improvements; and
WHEREAS, the City of Maplewood desires Ramsey County to recycle and overlay Arcade
Street from Trunk Highway 61 to Trunk Highway 36 for an estimated cost of $120,000; and recycle
and overlay Highwood Avenue from McKnight Road to Century Avenue for an estimated cost of
$150,000 from Capital Improvement Funds for Ramsey County State Aid Highway Consolidation;
NOW, THEREFORE, BE IT RESOLVED, the City of Maplewood does hereby concurwiththe
Ramsey County Board of Commissioners revoking the "County State Aid Highway" status ofArcade
Street (County State Aid Highway 60) from Ti•m~lc Highway 61 to Ti•m~lc Highway 36, and Highwood
Avenue County State Aid Highway 4) from McKnight Road to Century Avenue, and transferring
jurisdiction over the roadways to the City of Maplewood, effective the first day of the second month
following the completion of the recycle and overlay of Arcade Street and Highwood Avenue, and
after the Ramsey County Office of Budgeting and Accounting has encumbered the funds necessary to
fund the recycle and overlay projects, and after the County is in receipt of an adopted resolution
from the City of Maplewood concurring with the County revoking the "County State Aid Highway"
status of Arcade Street from Trunk Highway 61 to Trunk Highway 36, and Highwood Avenue from
McKnight Road to Century Avenue; and
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BE IT FURTHER RESOLVED, that the County will recycle and overlay Arcade Street from
Trunk Highway 61 to Trunk Highway 36; for an estimated cost of $120,000; and recycle and overlay
Highwood Avenue from McKnight Road to Century Avenue; for an estimated cost of $150,000 from
Capital Improvement Funds for Ramsey County State Aid Highway Consolidation as just
compensation for this jurisdiction transfer; and
BE IT FURTHER RESOLVED, that the City Council of the City of Maplewood does hereby
request the Ramsey County Engineer to take the actions necessary to remove and redesignate the
County State Aid Highway mileage currently assigned to Arcade Street (CSAH 60) between Trunk
Highway 61 and Trunk Highway 36; and Highwood Avenue (CSAH 74) between McICnightRoad and
Century Avenue; and
BE IT FURTHER RESOLVED, the Maplewood Engineer is authorized within the limits ofthis
resolution to take actions necessary to have the identified jurisdiction changes executed.
4. Disposal of Surplus Property
Declared as surplus property and authorized disposal at State auction of a 1989 Chevrolet
Corsica, Serial Number NS 1 GILT5411KE267909, mileage 51,845, which has been
replaced.
5. MDG Building CUP Review (1387 Cope Avenue)
Reviewed and renewed the Conditional Use Permit for MDG Properties, allowing their
office/warehouse/manufacturing building at 1387 Cope Avenue to be closerthan350 feetto
the residential district to the south. The CUP will be reviewed again in September, 1997.
6. Schroeder Milk CUP review (2080 Rice Street)
Reviewed and renewed for one year the Conditional Use Permit for 2080 Rice Street,
allowing expansion of a dairy product processing and distribution facility.
7. Preliminary Plat Review - Woodlynn Heights Townhomes 7 and 8 (Woodlynn Avenue)
Approved a fmal, one-year time extension for the Woodlynn Heights, Lots 7 and 8
preliminary plat, subject to the November 25, 1991, preliminary plat conditions. If the
developer takes no action to develop this site by July, 1998, the City will end this
preliminary plat.
8. Preliminary Plat Time Extension - Goff s Mapleview Fifth Addition (Duluth Street)
Approved aone-year time extension for Goffs's Mapleview Fifth Addition preliminary
plat, subject to the April 26, 1993, conditions for the Mapleview Fourth Addition
preliminary plat.
9. Marketing Contract for Jeff Carver & Associates
MOVED TO BECOME J-11
10. Non-Union Compensation Study
Adopted the proposed salary ranges for the following non-union positions, based on results
of a survey of similar metropolitan cities and positions:
MIN MAX
Payroll Technician $28,970- 37,670
Executive Secretary 30,073- 39,095
Administrative Asst.-Police 34,578- 46,166
Administrative Asst.-COS 34,578- 46,166
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Fire Marshal 40,250- 52,475
MIS Coordinator 40,275- 53,770
MCC Manager 41,362- 53,770
Asst. Finance Director 41,990- 56,060
City Clerk 41,990- 56,060
Assistant to the Manager 45,000- 58,000
Police Captain 50,769- 67,782
Assistant Manager 53,806- 71,836
Fire Chief 56,465- 75,387
Human Resource Director 56,465- 75,387
Parks & Recreation 56,465- 75,387
Community Development Director 56,465- 75,387
Finance Director 58,883- 78,615
Police Chief 58,883- 78,615
Public Works Director 58,883- 78,615
11. Proposed Settlement - L.E.L.S. Sergeants
Approved a negotiated three-year contract, to expire 12-31-99, between the City and Law
Enforcement Labor Services, Loca1173, Sergeants, as follows:
General wage increase as follows:
3.0% effective January 1,1997
3.0% effective January 1,1998
2.0% effective January 1,1999
1.0% effective July 1,1999
City contribution to deferred compensation to increase from $70 to $80
per month.
No other change for the duration of the contract unless a change is
negotiated for the Police Officer Bargaining Unit for 1999. If an
adjustment occurs for the Police Officer Unit, the Sergeant Unit will
automatically receive the same adjustment.
12. Budget Transfer
Authorized a 1997 Budget Transfer of $390 from 101-116-000-4480 to 101-402-000-4390
to reimburse the Police Department for a portion of the cost of providing training for
officers who facilitate neighborhood meetings.
13. Amended Joint Powers Agreement for Ramsey County GIS Users Group
Approved an amended Joint Powers Agreement between the City of Maplewood and
Ramsey County GIS Users Group.
G. PUBLIC HEARINGS
1. 7:00 P.M. (7:15 P.M.): Century Avenue Improvements, Project 95-11 (4 Votes)
a. Mayor Bastian convened the meeting for a public hearing regarding Improvement
Project 95-11, Century Avenue, North of Highwood, which was originally approved
June 24, 1996, but because of the one-year time lapse and necessary changes to the
project, must be re-heard and re-approved.
b. Manager McGuire introduced the staff report
c. City Attorney Kelly explained the procedure for public hearings.
d. Director of Public Works Haider presented the specifics of the report
e. Mayor Bastian opened the public hearing, calling for proponents or opponents. No
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one appeared.
f. Mayor Bastian closed the public hearing.
g. Councihnember Carlson introduced the following Resolution and moved its adoption:
97-07-69
ORDERING IMPROVEMENT AFTER PUBLIC HEARING -PROJECT 95-11, CENTURY AVENUE
WHEREAS, after due notice of public hearing on the construction of sanitary sewer,
water main, street reconstruction and appurtenances on Century Avenue north of
Highwood Avenue, City Project 95-L1, a hearing on said improvement in accordance with
the notice duly held on July 14,1997, 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 advisable, expedient and necessary that the City of Maplewood
construct sanitary sewer, water main, street reconstruction, and appurtenances
on Century Avenue north of Highwood Avenue, City Project 95-L1, as described
in the notice of hearing thereof, and orders the same to be made.
2. 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.
3. The Finance Director is hereby authorized to make the Fmancial transfers
necessary to implement the Fmancing plan for the project.
Seconded by Councihnember Koppen Ayes - all
H. AWARD OF BIDS
NONE
I. UNFINISHED BUSINESS
1. Carey Addition (Carey Heights Drive)
a. Manager McGuire introduced the staff report.
b. Director of Community Development Coleman presented the specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. The following persons were heard:
Pam Kramer, 2999 Carey Heights Drive
Karen Carey Bonner, representing property owners
Preliminary Plat
d. Councihnember Rossbach moved to approve the Carey Addition preliminary plat
(received by the City on July 1,1997) as amended, subject to the developer completing
the following before the City Council approves the Final plat:
1. Sign an agreement with the City that guarantees that the developer or
contractor will:
a. Complete all grading for overall site drainage, complete all public
improvements and meet all City requirements.
b. * Place temporary orange safety fencing and signs at the
grading limits.
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c. Have NSP install street lights in two locations - at the intersection
of Carey Heights Drive and County Road D and where the
proposed trail and Carey Heights Drive intersect.
d. Pay the City for the cost oftraffic-control, street identification and
no parking signs.
e. Provide all required and necessary easements.
f. Remove all junk, scrap metal, debris, and the shed.
g. Cap and seal all wells on site that the owners are not using;
remove septic systems or drainfields, subject to the environmental
health official=s approval. Within one year of the contractor
installing the sanitary sewer, the owners of the existing houses on
Carey Heights Drive shall connect the houses to the sanitary
sewer.
h. Complete all the curb and gutter on Carey Heights Drive on the
south side of the site, repair the temporary cul-de-sac and restore
and sod the boulevards.
i. Construct eight-foot-wide paved walkways and fencing across Lot
8, Block 1 and Lot 6, Block 2 as shown on the plat date-stamped
July 1, 1997. These trails shall be between the street and the
property lines on the east and west sides of the site. The developer
also shall provide a fence on both sides of the trails and shall
install posts at the end of the trails to prevent cars or trucks from
using the trail. The developer shall build the trails and any
required fencing with the street. The City engineer must approve
these plans. Maplewood is requiring the developer to pay for the
trails within the plat since the trail will provide access to the new
City park to the residents of the new plat.
2. * Have the City Engineer approve £mal construction and engineering plans.
These plans shall include grading, utility, drainage, erosion control, tree,
trail and street plans. The plans shall meet the following conditions:
a. The erosion control plans shall be consistent with the City Code.
b. The grading plan shall:
1) Include proposed building pad elevation and contour
information for each home site.
2) Include contour information for all the land that the
construction will disturb.
3) Show housing styles that reduce the grading on sites
where the developer can save large trees.
4) Show the proposed street grades as allowed by the City
Engineer.
5) Be revised to match the lot layout on the preliminary
plat date-stamped July 1,1997 as approved by the City
Council.
c. * The tree plan shall:
1) Be approved by the City Engineer before site grading or
Final plat approval.
2) Show where the developer will remove, save or replace
large trees. This plan shall include an inventory of all
existing large trees on the site.
3) Show the size, species and location of the replacement
trees. The deciduous trees shall be at least two and one
half (2 1/2) inches in diameter and shall be a mix of red
and white oaks and sugar maples. The coniferous trees
shall be at least eight (8) feet tall and shall be a mix of
Austrian pine and other species.
4) Show no tree removal beyond the approved grading and
tree limits.
d. The street and utility plans shall show:
1) Paved walkways and fencing across Lot 8, Block 1 and
across Lot 6, Block 2. These trails shall be between the
street and the property lines on the east and west sides of
the site. The parks and recreation director shall approve
their design.
2) The maximum street grade of eight percent and the
maximum street grade within 75 feet of the south edge of
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County Road D at two percent.
3. Change the plat as follows:
a. Add drainage and utility easements as required by the City
Engineer.
b. Show drainage and utility easements along all property lines on
the Final plat. These easements shall be ten feet wide along the
front and rear property lines and five feet wide along the side
property lines.
c. Show the existing pipeline and the NSP and pipeline easements on
the Final plat.
d. If necessary, increase the lot widths for the lots next to the pipeline
to ensure that the house pads will be at least 100 feet away from
the pipeline. (code requirement)
e. Show a minimum of 20 foot sideyard setback on the south side of
Lot 1 Block 2.
4. * Secure and provide all required easements for the development including
any off-site drainage and utility easements.
5. The applicant or developer shall provide a certificate of survey of the area
between the houses at 1174 and 1176 Carey Heights Drive to verify the
location of the swimming pool If necessary, the applicant or developer shall
move the proposed property line between Lots 2 and 3, Block 2 to ensure
that the pool is completely on the lot with the house at 1174 Carey Heights
Drive.
6. Record a deed dedicating 10 feet of additional right-of--way along County
Road D for future street widening with the Final plat. The applicant shall
submit the language for this dedication to the City for approval before
recording.
7. Record a covenant or deed restriction with the Final plat that prohibits the
driveway on Lot 12, Block 1 from going onto County Road D.
8. Obtain a permit from the Ramsey-Washington Metro Watershed District
for grading.
9. The owners of the properties at 1174 and 1176 County Road D shall change
the addresses oftheir properties to Carey Heights Drive addresseswithin30
days of the contractor installing the base bituminous course for the new
public street.
If the developer decides to Final plat part of the preliminary plat, the director of
community development may waive any conditions that do not apply to the Final
plat.
*The developer must complete these conditions before the City issues a grading
permit or approves the Final plat.
Seconded by Councilmember Koppen Ayes - all
e. Councilmember Carlson moved to have developer require contractors and
construction workers to limit ingress/egress from the north to County Road D into the
new development.
Seconded by Councilmember Allenspach Ayes - all
Lot Area Variance
f. Councilmember Rossbach introduced the following Resolution and moved its
adoption•
7-14-97 8
97-07-70
LOT AREA VARIANCE - CAREY ADDITION
WHEREAS, the Director of Community Development started a variance from the
zoning ordinance.
WHEREAS, this variance applies to vacant property between 1176 County Road D
and 2999 Carey Heights Drive. The legal description is:
Proposed Lot 1, Block 2, of the proposed Carey Addition in Section
4, Township
29, Range 22,
lying west of
Carey Heights
Drive, Ramsey
County,
Minnesota.
WHEREAS, Section 36-69 of the zoning ordinance requires single-family residential
lots to have at least 10,000 square feet of area.
WHEREAS, the applicant is proposing a lot with 9,575 square feet.
WHEREAS, this requires a variance of 425 square feet.
WHEREAS, the history of this variance is as follows:
1. On May 5, 1997, the Plam~ing Commission reviewed the proposed
preliminary plat but did not consider the variance request.
2. The City Council held a public hearing on May 27, 1997. 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 Plam~ing Commission.
3. On July 14, 1997, the City Council again considered the preliminary plat
and lot area variance.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described variance for the following reasons:
1. Strict enforcement of the code would cause undue hardship because of
circumstances unique to the property and not created by the property
owner. The existing and proposed property lines are constrained by the
existing property lines and the street right-of--way.
2. The variance would be in keeping with the spirit and intent of the ordinance,
since the applicant would be creating a lot in the plat that is the same
location with the existing property lines.
Seconded by Councihnember Koppen Ayes - all
Zoning Map Change (F to R-1)
g. Councihnember Rossbach introduced the following Resolution and moved its
adoption•
97-07-71
ZONING CHANGE - F (FARM RESIDENTIAL) TO R-1 (SINGLE DWELLINGS)
WHEREAS, the Director of Community Development proposed a change to the
7-14-97 9
zoning map from F (farm residential) to R-1 (single dwellings).
WHEREAS, this change applies to the property south of County Road D along Carey
Heights Drive.
WHEREAS, the legal description is:
The east 9.0 acres of the Northwest Quarter of the Northeast Quarter
of Section 4, Township 29 North, Range 22 West, Ramsey County
Minnesota, except the north 358 feet lying west of the east 130 feet
thereof.
WHEREAS, the history of this change is as follows:
1. On April 21, 1997, the Plam~ing Commission recommended that the City
Council approve this change.
2. On May 27, 1997, the City Council held a public hearing. The City staff
published a notice in the Maplewood Review and sent notices to the
surrounding property owners. 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 Plam~ing
Commission.
3. On July 14, 1997, the Council again considered the proposed preliminary
plat and zoning map change.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described change in the zoning map for the following reasons:
1. The proposed change is consistent with the spirit, purpose and intent of the
zoning code.
2. The proposed change will not substantially injure or detract from the use of
neighboring property or from the character of the neighborhood, and that
the use of the property adjacent to the area included in the proposed change
or plan is adequately safeguarded.
3. The proposed change will serve the best interests and conveniences of the
community, where applicable, and the public welfare.
4. The proposed change would have no negative effect upon the logical,
efficient, and economical extension of public services and facilities, such as
public water, sewers, police and fire protection and schools.
5. The developer is proposing to develop the site with single-family homes.
Seconded by Councihnember Koppen Ayes - all
2. U.S. West Telecommunications Tower (500 Carlton Street)
a. Manager McGuire introduced the staff report.
b. Director of Community Development Coleman presented the specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. The following persons were heard:
Anthony Segale, representing U S West
Mark Beattie, 3M Real Estate (presented a letter to Council for record)
Anthony Segale (second appearance)
Conditional Use Permit
7-14-97 10
d. Mayor Bastian introduced the following Resolution and moved its adoption:
97-07-72
CONDITIONAL USE PERMIT - U.S. WEST MONOPOLE
WHEREAS, Mr. John Hollenbeck of CB Commercial, representing US West, applied
for a conditional use permit to install a 90-foot-tall telecommunications monopole and
related equipment.
WHEREAS, this permit applies to the property at 500 Carlton Street. The legal
description is:
The Part East of Carlton Street of South 2/3 of West 1/2 of East 3/4 of
the SW 1/4 of the NE 1/4 (Subject to Road) in Section 36, Township 29,
Range 22 in Ramsey County, Minnesota. (PIN 36-29-22-13-0016)
WHEREAS, the history of this conditional use permit is as follows:
1. On May 19, 1997, the Plam~ing Commission considered this request but
tabled taking action on the proposal.
2. The City Council held a public hearing on June 9,1997. City staff published
a notice in the paper and sent notices to the surrounding property owners as
required bylaw. 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 Plam~ing 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 approved by the City. Applicant
7-14-97 11
shall submit specifications related to the tower that were subject to testing
on June 27, 1997.
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.
3. The City Council shall review this permit in one year.
4. The applicant shall notify 3-M and the City of Maplewood if any equipment
changes are proposed for the monopole, so that necessary interference
testing can be done.
Seconded by Councihnember Carlson Ayes - all
Design Review
e. Mayor Bastian moved to approve the site and design plans date-stamped April 14,
1997.for a 90-foot-tall monopole and equipment on the north side of the building at
500 Carlton Street, based on the £mdings required by Code and subject to the
applicant doing the following:
1. Repeat this review in two years if the City has not issued permits for
this project.
2. Before getting a building permit, provide a grading, drainage, driveway and
erosion control plan to the City Engineer for approval. The erosion control
plan shall meet all ordinance requirements.
3. If the monopole or ground equipment is in an existing handicap parking
space or spaces, then the owner or contractor shall replace the lost space(s)
on site with new ADA-approved handicapped parking spaces.
4. If any required work is not done, the City may allow temporary occupancy
if:
a. The City determines that the work is not essential to the public
health, safety or welfare.
b. The City receives a cash escrow or an irrevocable letter of credit
for the required work. The amount shall be 150% of the cost of
the unfinished work.
5. All work shall follow the approved plans. The Director of Community
Development may approve minor changes.
Seconded by Councihnember Carlson Ayes - all
3. Merit Chevrolet Building Addition (2695 Brookview Drive)
a. Manager McGuire introduced the staff report.
b. Director of Community Development Coleman presented the specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. The following persons were heard:
Rodger Bortnem, General Manager, Merit Chevrolet
Darwin Lindah1,5701 Shingle Creek Parkway, Brooklyn Center,
Architect for Merit Chevrolet
Thomas Brudvig, 220 Roseville Towers, Roseville (attorney representing
Michael & Tracy Hayak, 2685 Brookview Drive
Joseph Korba, 2659 Brookview Drive
Thomas Brudvig, 220 Roseville Towers (Second appearance)
Rodger Bortnem, Merit Chevrolet~Second appearance)
Richard DuVey, 1021 Bandana Bo evard, Commercial Property Appraiser
7-14-97 12
Conditional Use Permit
d. Councihnember Rossbach introduced the following Resolution and moved its
adoption•
97-07-73
CONDITIONAL USE PERMIT -MERIT CHEVROLET
WHEREAS, the Kinkel Company applied for a conditional use permit to add onto an
auto dealership building. The addition would be within 350 feet of a residential lot line.
WHEREAS, this permit applies to the property at 2695 Brookview Drive. The legal
description is:
Lots 17-22 and 25, Block 4, Brower Park
WHEREAS, the history of this conditional use permit is as follows:
1. On June 2, 1997, the Plam~ing Commission recommended that the City
Council approve this permit.
2. On June 23, 1997, 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 Plam~ing Commission.
3. On July 14, 1997, the Council again considered this request.
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.
7-14-97 13
10. There would not be a significant affect on the development of the parcel as
zoned.
Approval is subject to the following conditions:
1. All construction shall follow the site plan(date-stamped July 8, 1997) as
approved by the City. The Director of community Development may
approve minor changes.
2. The proposed construction must be started within one year of Council
approval or the permit shall end. The Council may extend this deadline for
one year.
3. The City Council shall review this permit in one year.
4. The quick Tube and service garage shall not be open to the public, except on
an emergency basis, between the hours of ll P.M. and 6 A.M. The applicant
shall change their hours of operation to comply with this requirementwithin
one month of this City Council action.
5. The property owner or applicant shall install and maintain asix-foot-tall,
100 percent opaque decorative wood screening fence placed along the south
and west parking lot edges of the site. The fence may be placed part way
down the slope, but the fence height shall be measured from the parking lot
grade. There is no need for the fence behind the storage building. The
owner or contractor must install this fence within two months of this City
Council action.
6. There shall be no outside storage of refuse, equipment or vehicle parts of
any kind unless in a screening enclosure. Plans for screening enclosures
shall be submitted to staff for approval of placement and design. Any outside
storage not in an enclosure shall have City Council approval.
7. The owner or operator shall not allow anyone to work on vehicles outside
the building, except interior work on motor homes. All employees shall do
the vehicle repair and maintenance inside the building, except interiorwork
on motor homes.
8. The owner or operator shall not allow any oversized "height" vehicles to
park alongside the south and westerly fence lines, or where they are visible
to the residents at 2685 Brookview Drive.
9. Install "Left Turn Only" sign onto Brookview Drive between 9:00 P.M. and
8:00 A.M.
Seconded by Councihnember Carlson Ayes - all
Design Approval
e. Councihnember Rossbach moved to approve the site plan date-stamped July 8,1997,
and the revised building elevations submitted to the Community Design Review Board
on June 10,1997, for the Merit Chevrolet service garage addition at 2695 Brookview
Drive, subject to the property owner doing the following:
1. Repeat this review in two years if the City has not issued a building
permit for this project.
2. Do the following before getting a building permit:
a. Submit the fence design plan to staff for approval. The fence shall
be a six-foot-tall, 100 percent opaque decorative wood screening
fence placed along the south and west parking lot edges of the site.
The fence may be placed part way down the slope, but the fence
height shall be measured from the parking lot grade. There is no
7-14-97 14
need for the fence behind the storage building.
b. Submit a parking lot paving and striping plan for staff approval
showing:
1) Paving and striping in the unpaved area at the corner of
Brookview Drive and Century Avenue.
2) Two handicap-accessible parking spaces thatwould meet
ADA (Americans with Disabilities Act) requirements.
3. Complete the following before occupying the building:
a. Paint all proposed roof-mounted equipment visible from streets or
adjacent property. The color must match the building color. (code
requirement)
b. Aim or shield all exterior site lights on the proposed addition as
required by code so they are not a nuisance to neighbors. (code
requirement
c. Pave and stripe the truck-parking area at the corner of Brookview
Drive and Century Avenue.
d. Install the screening fence along the south and west sides of the
parking lot that abut the residential properties.
4. If any required work is not done, the City may allow temporary occupancy
if:
a. The City determines that the work is not essential to the public
health, safety or welfare.
b. The City receives a cash escrow or an irrevocable letter of credit
for the required work. The amount shall be 150% of the cost of
the unfinished work.
5. This approval does not include the signs. City staff will review signage
through the sign permit process.
6. All work shall follow the approved plans. The Director of Community
Development may approve minor changes.
7. Present a sample of the proposed fence and a cross section drawing to the
City Council at the public hearing showing the proposed fence design and
profile on the slope next to the parking lot.
8. The City shall facilitate the establishment of a citizen's advisory committee
of 5 members. The advisory committee shall meet at least twice a year
through 1998 and the City Council may appoint a member to serve on the
Committee.
Seconded by Councilmember Carlson Ayes - all
J. NEW BUSINESS
1. Code Change -Hours of Operation
a. Manager McGuire introduced the staff report
b. Director of Community Development Coleman presented the specifics of the report
c. Councilmember Koppen moved to direct staff to research and prepare proposed
ordinance revisions for Council consideration.
Seconded by Councilmember Rossbach Ayes -Mayor Bastian, Councilmembers
Allenspach, Koppen, Rossbach
Nays -Councilmember Carlson
Abstain - none
2. Hill-Murray Athletic Field Conditional Use Permit Review (2625 Larpenteur Avenue)
7-14-97 15
a. Manager McGuire introduced the staff report
b. Director of Community Development Coleman presented the specifics of the report
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. The following persons were heard:
Joe Peschges, President, Hill Murray Father's Club
Larry Morgan, 2434 Nemitz, Vice President, Hill Murray Father's Club
d. Councilmember Koppen moved to approve renewal of the Conditional Use Permit
allowing expansion of the Hill Murray athletic fields and construction of several new
amenities for the fields, with Condition 8 revised to read as follows: "Applicant may
be required to plant 30 native species of trees for screening between the playing fields
and the homes on Knoll Circle, as may be determined at a future hearing on the
Conditional Use Permit".
Seconded by Councilmember Carlson Ayes - all
3. Goodrich Golf Dome Conditional Use Permit Review (1815 Van Dyke Street)
a. Manager McGuire introduced the staff report
b. Director of Community Development Coleman presented the specifics of the report
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No
one appeared.
d. Councilmember Koppen moved to review the Conditional Use Permit for the golf
dome again on September 8, 1997, unless all the required site improvements are
complete, in which case it will be reviewed again in one year (July 1998).
Seconded by Mayor Bastian Ayes -Mayor Bastian, Councilmembers
Koppen, Rossbach
Nays -Councilmembers Allenspach,
Carlson
Abstain - none
4. Dorland Road Retaining Wall
a. Manager McGuire introduced the staff report
b. Director of Public Works Haider presented the specifics of the report
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No
one appeared.
d. Mayor Bastian moved to authorize staff to advertise for bids to re lace the Dorland
Road retaining wall and establish a budget of 32,000 for the project, to be Financed
from the street construction state aid fund.
Seconded by Councilmember Carlson Ayes - all
5. Londin & Mailand Bituminous Overlay, Project 97-07
a. Manager McGuire introduced the staff report
b. Director of Public Works Haider presented the specifics of the report
c. Councilmember Carlson introduced the following Resolution and moved its adoption:
97-07-74
APPROVING PLANS AND ADVERTISING FOR BIDS -PROJECT 97-07
7-14-97 16
WHEREAS, Municipal State Aid funds are available for the construction of street
improvements, and
WHEREAS, Londin Lane and Mailand Road are designated MSA routes in need of
improvements, and
WHEREAS, bituminous mill and overlay may be fully Fmanced with MSA funds, and
WHEREAS, plans and specifications for Londin Lane and Mailand Road Bituminous
Overlay, Project 97-07, have been prepared by (or under the direction of) the City
Engineer, who has presented such plans and specifications to the Council for approval,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MAPLEWOOD, MINNESOTA:
1. Such plans and specifications, a copy of which are attached hereto and made
a part hereof, are hereby approved and ordered placed on File in the office
of the City Clerk.
2. The City Clerk shall prepare and cause to be inserted in the official paper
and in the Construction Bulletin an advertisement for bids upon the making
of such improvement under such approved plans and specifications. The
advertisement shall be published twice, at least three weeks before the date
set for the bid opening, shall specify the workto be done, shall state thatbids
will be publicly opened and considered by the Council at 10:00 A.M. on the
6th day of August,1997, at the City Hall and that no bids shall be considered
unless sealed and Filed with the Clerk and accompanied by a certified check
or bid bond, payable to the City of Maplewood, Minnesota for five percent
of the amount of such bid.
3. The City Clerk and City Engineer are hereby authorized and instructed to
receive, open and read aloud bids received at the time and place herein
noted, and to tabulate the bids received. The Council will consider the bids,
and the award of a contract, at the regular City Council meeting of August
11, 1997.
4. The Finance Director is hereby authorized to make the Fmancial transfers
necessary to implement the Fmancing plan for the project. The Fmancing
plan shall be as follows:
State Aid $340,000
Total $340,000
Seconded by Councilmember Allenspach Ayes - all
6. Skillman Overlay -Project 97-08
a. Manager McGuire introduced the staff report.
b. Director of Public Works Haider presented the specifics of the report.
c. Councilmember Carlson introduced the following Resolution and moved its adoption:
97-07-75
APPROVING PLANS AND ADVERTISING FOR BIDS
WHEREAS, Municipal State Aid Funds are available for the construction of street
improvements, and
WHEREAS, Skillman Avenue is a designated MSA route in need of improvements,
and
WHEREAS, bituminous recycle and overlay may be fully Fmanced with MSA funds,
and
7-14-97 17
WHEREAS, general funds have been budgeted for streetmaintenanceimprovements,
and
WHEREAS, Bittersweet Drive, Southlawn Drive, and Edgehill Road are in need of
improvements, and
WHEREAS, plans and specifications for Skillman Avenue and Bittersweet
Neighborhood Overlay, Project 97-08 have been prepared by (or under the direction of)
the City Engineer, who has presented such plans and specifications to the Council for
approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MAPLEWOOD, MINNESOTA:
1. Such plans and specifications, a copy of which are attached hereto and made
a part hereof, are hereby approved and ordered placed on File in the office
of the City Clerk.
2. The City Clerk shall prepare and cause to be inserted in the official paper
and in the Construction Bulletin an advertisement for bids upon the making
of such improvement under such approved plans and specifications. The
advertisement shall be published twice, at least ten days before the date set
for the bid opening, shall specify the work to be done, shall state that bids
will be publicly opened and considered by the council at 10:00 A.M. on the
8th day of August,1997, at the City Hall and that no bids shall be considered
unless sealed and Filed with the Clerk and accompanied by a certified check
or bid bond, payable to the City of Maplewood, Minnesota for five percent
of the amount of such bid.
3. The City Clerk and City Engineer are hereby authorized and instructed to
receive, open and read aloud bids received at the time and place herein
noted, and to tabulate the bids received. The Council will consider the bids,
and the award of a contract, at the regular City Council meeting of August
11, 1997.
4. The Finance Director is hereby authorized to make the Financial transfers
necessary to implement the Financing plan for the project. The Financing
plan shall be as follows:
1997 CIP Budget $ 44,500
State Aid 58 000
Total 102,500
Seconded by Councilmember Allenspach Ayes - all
7. Third Quarter 1997 Charitable Gambling Requests
a. Manager McGuire introduced the staff report.
b. Martha Oviatt, 2032 Edgerton Street appeared on behalf of the Maplewood Seniors
and Persons with Disabilities Committee.
c. Councilmember Carlson moved to approve a donation of $800 for the Maplewood
Seniors and Persons with Disabilities Committee Recognition Event.
Seconded by Councilmember Koppen Ayes - all
d. Jean Verner, as President, spoke on behalf of the request for the Heritage Theater Co.
e. Councilmember Carlson moved to approve a donation of $3,070 to the Heritage
Theater as start-up expenses for a new youth theater program, with the requirement
that 75% of the participants be residents of the City of Maplewood or a student of a
school within the boundaries of one of the three Maplewood school districts.
7-14-97 18
Seconded by Councilmember Koppen Ayes - all
f. Tim Hedeen spoke on behalf of the Dispute Resolution Center.
g. Councilmember Carlson moved to approve a donation of $2,000 as continuing
support of the Dispute Resolution Center.
Seconded by Councilmember Koppen Ayes - all
h. Councilmember Carlson moved to approve a donation of $100 to the Maplewood
Human Relations Commission to cover costs for in-service training for Commission
members, "Dynamics of Prejudice -Building Bridges to the Community".
Seconded by Councilmember Koppen Ayes - all
8. Liquor License Fee Increase
a. Manager McGuire introduced the staff report
b. City Clerk Karen Guilfoile presented the specifics of the report
d. Councilmember Carlson moved to seta ubfic hearin on Au ust 24 1997 for the
purpose of considering a 3% ( 170) increase in the 1998 liquor license fee and a cost
of living increase each year thereafter.
Seconded by Councilmember Allenspach Ayes - all
9. Liquor License on Ballot
a. Manager McGuire introduced the staff report
b. City Clerk Karen Guilfoile presented the specifics of the report
c. Councilmember Allenspach moved to direct staff to place a referendum on the ballot
for the 1997 City election for authorization to issue seven additional liquor licenses.
Seconded by Councilmember Rossbach Ayes -Mayor Bastian, Councilmembers
Allenspach, Koppen, Rossbach
Nays -Councilmember Carlson
Abstain - none
10. Maplewood Athletic Association Field Upgrade
MOVED TO BECOME EA-2.
11. Marketing Contract for Jeff Carver & Associates
a. Manager McGuire introduced the staff report
b. Director of Parks & Recreation Anderson presented the specifics of the report
c . Councilmember Carlson moved to a rove enterin into an a reement with Carver
Marketing Concepts for a period of 4 months at a fee not to exceed 12,000 for
implementation of a Recreation Department marketing plan.
7-14-97 19
Seconded by Councilmember Allenspach Ayes -Mayor Bastian, Councilmembers
Allenspach, Carlson, Rossbach
Nays -Councilmember Koppen
Abstain - none
K. VISITOR PRESENTATIONS
1. Kathryn Irvine, 2707 Hazelwood
a. Kathryn Irvine, 2707 Hazelwood, spoke to the Council about her concerns regarding
drainage and erosion in the Hazelwood Forest development.
L. COUNCIL PRESENTATIONS
1. Upcoming Events
a. County Fair Parade to be Thursday, Apri117
2. Duluth Street Storm Sewer
a. Mayor Bastian reported on observing damage thatwas done during the recent storm.
b. Council directed staff to investigate and report back.
3. Mayor's Update
a. Mayor Bastian informed the Council of various upcoming meetings and events.
M. ADMINISTRATIVE PRESENTATIONS
NONE
N. ADJOURNMENT
10:32 P.M.
Karen Guilfoile, City Clerk
7-14-97 20