HomeMy WebLinkAbout08-25-1997 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, August 25,1997
Council Chambers, Municipal Building
Meeting No. 97-16
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. Kopppen, Councilmember Present
George F. Rossbach, Councilmember Present
D. APPROVAL OF MINUTES
1. Minutes of Council/Manager Workshop of August 4, 1997
Councilmember Allenspach moved to approve the minutes of the CounciUManager Meeting of
August 4, 1997 as presented.
Seconded by Councilmember Koppen Ayes -all
2. Minutes of Special Meeting (August 11,1997)
Councilmember Carlson moved to approve the minutes of the August 11, 1997 Special Meeting as
presented.
Seconded by Councilmember Allenspach Ayes -all
3. Minutes of Meeting 97-15, (August 11,1997)
Councilmember Carlson moved to approve the minutes of Meeting No. 97-15 (August 11, 1997) as
presented.
Seconded by Councilmember Allenspach Ayes -all
E. APPROVAL OF AGENDA
Mayor Bastian moved to approve the Agenda as amended:
Ll Road Update
L2 Finishing Projects
Seconded by Councilmember Koppen Ayes -all
EA. PRESENTATIONS
1. Recycling Update -Mike Hinz (Gopher Recycling)
a. Manager McGuire introduced the staff report.
8-25-97 1
b. Michael Hinz, owner of Gopher Disposal, Inc., presented the yearly update on the status of our
recycling program.
a Mr. Hinz introduced Gopher Disposal's new General Manager, Tim Dorner, who presented a
survey conducted by Ramsey County on who recycles.
F. CONSENT AGENDA
Councilmember Carlson moved, seconded by Councilmember Koppen; ayes -all, to approve the Consent
Agenda,
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 61,363.66 Checks #7167- #7179 Dated 8-1-97 thrn 8-7-97
$ 234,896.85 Checks #33186 - #33310 Dated 8-12-97
$ 35,628.70 Checks #7180 - #7186 Dated 8-8-97 thrn 8-13-97
$ 232,312.37 Checks #33313 - #33413 Dated 8-19-97
$ 564,201.58 Total Accounts Payable
PAYROLL: $ 305,687.49 Payroll Checks and Direct Deposits dated 8-8-97
$ 48,231.68 Payroll Deduction checks #60330 - #60343 dated 8-8-97
$ 353,919.17 Total Payroll
$ 918,120.75 GRAND TOTAL
2. Merrick Companies Charitable Gambling Resolution
Adopted the following Resolution:
97-08-97
APPROVING LAWFUL GAMBLING FOR MERRICK COMPANIES, INC.
TO OPERATE AT THE LIVE ROOSTER BAR AND GRILL
BE IT HEREBY RESOLVED, by the City Council ofMaplewood, Minnesota,thatthepremises
permit for lawful gambling is approved for Merrick Companies, Inc., to operate at The Live Rooster
Bar and Grill located at 2029 Woodlynn Avenue, Maplewood, Minnesota.
FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of
application for said permit as governed by Minnesota Statute 3349.213.
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 3349.213.
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.
3. Charitable Gambling Permit for Holy Redeemer Parish
8-25-97 2
Approved the application for a temporary gambling license for Holy Redeemer Parish to be used on
October 12, 1997.
97-08-98
APPROVING CHARITABLE GAMBLING -HOLY REDEEMER PARISH
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the
temporary permit for lawful gambling is approved for Holy Redeemer Parish at 2555 Hazelwood
Avenue, Maplewood, Minnesota on October 13, 1996.
FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of
application for said permit as governed by Minn. Stat.3349.214.
FURTHERMORE, that the Maplewood City Council requests that the Gambling Control
Division of the Minnesota Department of Gaming approve said permit application as being in
compliance with Minn. Stat. 3349.214.
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.
4. Final Payment, TH61 Watermain -Project 95-17
Approved recapitulation contingency request, payment to the contractor of the remaining amount
owed of $2,264.67, and adopted the following Resolution:
97-08-99
ACCEPTANCE OF TH61 WATERMAIN, PROJECT 95-17
WHEREAS, the City Engineer for the City of Maplewood has determined that Trunk Highway
61 Water Main, Beam Avenue to County Road D, City Project 95-17 is complete and recommends
acceptance of the project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that City Project 95-17 is complete and maintenance of these improvements is
accepted by the City. Release of any retainage or escrow is hereby authorized.
8-25-97 3
5. Donation to Police Reserves
Authorized the Chief of Police to accept the proposed donation on behalf ofthe Police Reserves and
the City.
6. Disposal of Surplus Equipment
Authorized the Police Department to proceed with the sale of obsolete and damaged equipment with
profits of the sale to be deposited in the General Fund.
7. Disposal of Surplus Vehicles
Authorized the Police Department to dispose of damaged vehicles through public auction and sale to
the highest bidder.
8. Finalube CUP Review (2180 White Bear Avenue)
Reviewed and renewed the Conditional Use Permit for a public garage located at 2180 White Bear
Avenue and will review again if a problem arises.
9. Goodwill Store CUP Review (2250 White Bear Avenue)
Reviewed and renewed the Conditional Use Permit for the expansion of a parking lot at 2250 White
Bear Avenue and will review again if a problem arises.
10. Village on Woodlynn CUP Review (2120-2124 Woodlynn Avenue)
Reviewed and renewed the Conditional Use Permit for a senior housing project located south of
Woodlynn Avenue and East of Ariel Street and will review again if a problem arises.
11. Minnesota Cellular Telephone Company CUP Review (2670 Highwood Avenue)
Reviewed and renewed the Conditional Use Permit for aradio/telephone communications facility at
2670 Highwood Avenue. The CUP will be reviewed again in three months.
12. Certification of Election Judges
97-08-100
RESOLUTION ACCEPTING ELECTION JUDGES
RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list ofElection Judges
for the 1997 Primary Election, being held on Tuesday, September 9, 1997:
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PRECINCT NO. 1 PRECINCT NO. 5 PRECINCT NO. 9 PRECINCT NO. 13
Sylvia Brown, Chair Donald Wiegert, Chair Margaret Earley, Chair Anne Fosburgh, Chair
Audrey Duellrnan Elsie Copt Elsie Anderson Diane Golaski
Joan Kolasa Betty Eddy Grace Locke Mary Lou Lieder
Louise Nieters Marion Froelich Lorraine Petschel Darla Pleau
Cecilia Tucker
PRECINCT NO. 2 PRECINCT NO. 6 PRECINCT NO. 10 PRECINCT NO. 14
Milo Thompson, Chair Elsie Wiegert, Chair Betty Haas, Chair Shirley Luttrell, Chair
Virginia Dehen Joan Button Joan Cottrell Carol Berger
Joseph Kolasa Geraldine Pullen D. Franklin Tolbert Paul G. Donlin
Rose Marie Manders Marcella Watson Delores Lofgren
Donna Wirth
PRECINCT NO. 3 PRECINCT NO. 7 PRECINCT NO. 11 PRECINCT NO. 15
Pat Thompson, Chair Phyllis Erickson, Chair Lorraine Fischer, Chair Richard Lofgren, Chair
Jaime Belland Debbie Dotson Joan Carr Joan Bartelt
Jean Dickson John Gallagher Mary Fischer Delores Fitzgerald
Barbara Johnson Annette LaCasse Betty Mossong Ted Haas
Rosella Limon Elaine Rudeen
Myrna Schultz
PRECINCT NO. 4 PRECINCT NO. 8 PRECINCT NO. 12 PRECINCT NO. 16
Fred DuCharme, Chair Judy Widholm, Chair Lucille Cahanes, Chair Mervin Berger, Chair
Marian Clark Gerald Behm John Henry Carolyn Eickhoff
Grace Dornfeld Jeanette Bunde Beverly Ogilvie Catherine Falenzer
Margaret DuCharme Shirlee Horton Evelyn Skluzacek Mildred Iversen
Lorraine Rosauer Kathy Supan
8-25-97 5
G. PUBLIC HEARINGS
1. 7:00 P.M. (7:16 P.M.): Liquor License Fee Increase
a. Mayor Bastian convened the meeting for a public hearing regarding an increase in the liquor
license fee of 3% ($170) for 1998 and a cost of living adjustment for each year thereafter.
b. Manager McGuire introduced the staff report.
a City Clerk Guilfoile presented the specifics of the report.
d. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following
persons were heard:
Roger Clausen, 430 East Belmont -Keller Lake Lounge
Steven Yentes, 2425 Larpenteur - Bleecher's Bar & Grill
Ron Ringling, 7206 Bristle Circle, Edina -Best Western Inn
Pat Conroy -Red Rooster Lounge, 2029 Woodlynn
Adeline Ben amin -Maplewood Bowl, 1955 English Street
Al Landrevi~le, 1010 Highway 13, Mendota Heights - Champp's
e. Mayor Bastian closed the public hearing.
f. Mayor Bastian moved to table until November 10, 1997 so that staff can meet with current
liquor license holders.
Seconded by Councilmember Rossbach Ayes - all
2. 7:20 P.M. (7:50 p.m.: Champps Parking Lot Expansion (1734 Adolphus Street)
a. Mayor Bastian convened the meeting for a public hearing regarding a Conditional Use Permit
for Champps to expand their parking by 66 additional stalls on the east side of their current
parking lot.
b. Manager McGuire introduced the staff report.
a Community Development Director Coleman presented the specifics of the report.
d. Boardmember Marie Robinson presented the Community Design Review Board report.
e. City Attorney Kelly explained the procedure for public hearings.
f. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following
persons were heard:
Ken Nordby, 245 East Roselawn
Ken Nordby -second appearance
Ken Nordby -third appearance
g. Mayor Bastian closed the public hearing.
Conditional Use Permit
h. Councilmember Rossbach introduced the following Resolution and moved its adoption:
97-08-101
CONDITIONAL USE PERMIT -PARKING LOT EXPANSION, 1734 ADOLPHUS
8-25-97 6
WHEREAS, the Champps Americana has requested a Conditional Use Permit to expand their
parking lot into the Interstate 35 Eright-of--way;
WHEREAS, this permit applies to 1734 Adolphus Street. The legal description is:
SUBJECT TO STREET PART WEST OF HIGHWAY OF NORTH 465
FEET OF SOUTH 755 FEET OF SOUTHEAST 3 OF SOUTHEAST 3 OF
SECTION 18, TOWNSHIP 29, RANGE 22 IN THE VILLAGE OF
MAPLEWOOD
WHEREAS, the history of this Conditional Use Permit is as follows:
1. On July 29, 1997, the Community Design Review Board recommended thatthe City
Council approve this permit.
2. On August 25, 1997, the City Council held a public hearing. The City staffpublished
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 City 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 the city=s Comprehensive Plan and Code of Ordinances.
2. The use would not change the existing or planned character ofthe 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. The Director of
Community Development may approve minor changes.
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 obtain a permitfrom MnDOT allowingthe parking lot expansion
into the I-35Erfght-of--way.
8-25-97 7
Seconded by Councilmember Koppen Ayes - all
Plan Approval
i. Councilmember Rossbach moved to approve the plans date-stamped July 3, 1997 for the
Champps parking lot expansion at 1734 Adolphus Street. The developer shall do the following:
1. Get a grading permit from the City Engineering Department before beginning work
on the expansion.
2. Revise the parking plan for staff approval, before starting work, showing:
a. Five handicap-accessible parking spaces on the north side ofthe building.
These spaces must meet ADA requirements for size, loading aisles and
signage.
b. Agate in the freeway-side fence for MnDOT access to maintain the
landscaping.
3. Obtain a permitfrom MnDOT to expand the parking lot into their right-of-waybefore
starting work.
4. Screen the trash dumpsters as viewed from the north parking lot.
5. Provide landscaping in the stripp between the existing and pproposed parking lots. The
applicant shall submit a plan for this landscaping to staft~for approval.
All work shall follow the approvedplans. The Director of Community Development may
approve minor changes. Approval is for the addition of 66 stalls, but could be increased to
88 total with approval by MnDOT and design approval by the City.
Seconded by Councilmember Koppen Ayes - all
3. 7:40 P.M. (8:12 P.M.): Quality Restoration Services Conditional Use Permit
(Frost Avenue)
a. Mayor Bastian convened the meeting for a public hearing regardingg a Conditional Use Permit
for Quality Restoration Services to have an outside storage yard for their ground restoration
equipment, such as trucks and trailers.
b. Manager McGuire introduced the staff report.
a Community Development Director Coleman presented the specifics of the report.
d. Commissioner Milo Thompson presented the Planning Commission report.
e. City Attorney Kelly explained the procedure for public hearings.
f. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following
persons were heard:
Roger McGuire, Quality Restoration Services
Jim Snyder, 1890 Phalen Place
Bob Ballard, Asset Reality Advisors
Roger McGuire, second appearance
g. Mayor Bastian closed the public hearing.
h. Councilmember Rossbach introduced the following Resolution and moved its adoption:
8-25-97 8
97-08-102
CONDITIONAL USE PERMIT -OUTDOOR STORAGE YARD
WHEREAS, Mr. Roger McGuire, representing Quality Restoration Services, applied for a
Conditional Use Permit to operate an outdoor storage yard.
WHEREAS, this permit applies to the property located on the south side of Frost Avenue,
formerly addressed as 1160 Frost Avenue. The legal description is:
VACATED ALLEY ACCRUING AND FOLLOWING, LOTS 1 THRU 10
AND LOTS 16 THRU 20 ,BLOCK 1, KAVANAGH AND DAWSON=S
ADDITION TO GLADSTONE.
AND
VACATED ALLEY ACCRUING AND FOLLOWING, LOTS 11 THRU LOT
15, BLOCK 1, KAVANAGH AND DAWSON=S ADDITION TO
GLADSTONE.
WHEREAS, the history of this Conditional Use Permit is as follows:
1. On 8-4-97, the Planning Commission recommended that the City Council approve
this permit.
2. The City Council held a public hearing on 8-25-97. City staffpublished a notice in
the paper and sent notices to the surrounding property owners as required by law. 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 . At this meeting, the Council tabled action on this
request.
NOW, THEREFORE, BE IT RESOLVED thatthe 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 ofthe 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 ppollution, drainage, water runoff, vibration, general
unsightliness, electrical intert~erence 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.
8-25-97 9
Approval is subject to the following conditions:
1. All construction shall follow the site plan date-stamped June 11, 1997. The Director
of Community Development may approve minor changes.
2. The City Council shall review this permit in one year. The Conditional Use Permit
will expire on September 10, 2002.
3. The property owner shall clean the site by removing all vehicles, unused and
inoperable eqquipment, sod piles, unusable dirt piles, debris and all other
unused/unusable items.
8-25-97 10
4. The temporary storage ofwork-related materials, such as dirt piles and cable spools,
for example, may be permitted. These materials may be kept on site for no more than
one month. No more than 25 percent ofthe site shall be used for the storage of such
materials.
5. Normal hours of operations shall be 6:30 a.m. to 7:30 p.m. Monday through Friday.
Exceptions will be allowed to provide emergency service to customers.
Seconded by Councilmember Allenspach Ayes - all
H. AWARD OF BIDS
NONE
I. UNFINISHED BUSINESS
NONE
J. NEW BUSINESS
1. Request to Correct Grading and Certify to Taxes
a. Manager McGuire introduced the staff report.
b. Director of Public Works Haider presented the specifics of the report.
a Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No
one appeared.
d. Councilmember Koppen moved to authorize staff to complete the required work, bill the
homeowner at 2002 English Street for the cost and, if not paid, certify the debt to the property
taxes.
Seconded by Councilmember Carlson Ayes - all
2. Initiate Harvester Avenue Project
a. Manager McGuire introduced the staff report.
b. Director of Public Works Haider presented the specifics of the report.
a Mayor Bastian asked if anyone wished to speak before the Council regardingthis matter. No one appeared.
d. Councilmember Koppen introduced the following Resolution and moved its adoption:
8-25-97 11
97-08-103
ESTABLISHMENT OF PROJECT FUNDS -HARVESTER AVENUE
WHEREAS, it is proposed to reconstruct the street and construct storm sewer on Harvester
Avenue and overlay the remainder of the neighborhood,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
That the proposed improvement be referred to the City Engineer for analysis and that he is
instructed to coordinate informal neighborhood meetings to discuss the proposed improvements with
the residents and to prepare a preliminary topographic survey and to report to the Council with all
convenient speed advising the Council whether a feasibility study should be prepared.
FURTHERMORE, funds in the amount of $5,000.00 are appropriated to analyze this potential
project.
Seconded by Councilmember Rossbach Ayes - all
3. Compliance Review (Sobota Building - 2036 English Street)
a. Manager McGuire introduced the staff report.
b. Director of Community Development Coleman presented the specifics of the report.
a Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following
persons were heard:
Eric Ahlness, 2062 English Street, resident
James Sobota, 2036 English Street, owner of property
Lori Ahlness, 2062 English Street, resident
James Sobota, second appearance
Lori Ahlness, second appearance
d. Councilmember Carlson moved to table until Se tember 8 1997 to ive the nonconformin use
holder the opportunity to review the staffreport and the condition o the 1978 storage building
Conditional Use Permit. Mr. Sobota is to return with his plans of conformingto the Conditional
Use Permit.
Seconded by Councilmember Koppen Ayes - all
4. Development Moratorium (South and East of Interstate 494)
a. Manager McGuire introduced the staff report.
b. Director of Community Development Coleman presented the specifics of the report.
a Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following
persons were heard:
Carol Schlomka, 1447 Sterling Street
Michael Bailey, 6381 6th Street North
d. Councilmember Carlson moved to a rove first readin of an ordinance to establish a
moratorium on development in Maplewood south and east o Interstate 494 until March 8,1998.
Seconded by Councilmember Koppen Ayes - all
5. Community Design Review Board Plan Review Process
8-25-97 12
a. Manager McGuire introduced the staff report.
b. Director of Community Development Coleman presented the specifics of the report.
a Mayor Bastian asked if anyone wished to speak before the Council regardingthis matter. No one appeared.
d. Council took no action; the current design review and appeal procedure outlined in the existing
Ordinance, with staff to notify the Mayor and Cityy Council of any action taken by the
Community Design Review Board on the revision ofplans previously approved by the Council.
6. Advertise for Bids on a Fire Engine
a. Manager McGuire introduced the staff report.
b. Fire Chief Hewitt presented the specifics of the report.
a Councilmember Koppen moved to approve advertising for bids for a fire engine.
Seconded by Mayor Bastian Ayes - all
K. VISITOR PRESENTATIONS
NONE
L. COUNCIL PRESENTATIONS
1. Road Update
a. Public Works Director Haider gave an update on City road construction.
2. Finishing Projects
a. Mayor Bastian requested information on how the City handles expired building and construction
projects.
M. ADMINISTRATIVE PRESENTATIONS
N. ADJOURNMENT
9:52 P.M.
Karen Guilfoile, City Clerk
8-25-97 13