HomeMy WebLinkAbout09-22-1997 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, September 22,1997
Carver Community Gym, 2680 Upper Afton Road
Meeting No. 97-18
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota was held in the Carver Community Gym,
2680 Upper Afton Road, 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, Councihnember Present
Dale H. Carlson, Councihnember Present
Marvin C. Koppen, Councihnember Present
George F. Rossbach, Councihnember Present
D. APPROVAL OF MINUTES:
1. Minutes of Council/Manager Workshop of September 2, 1997
Councihnember Rossbach moved to approve the minutes of the Council/Manager
Workshop of September 2, 1997 as presented.
Seconded by Councihnember Allenspach Ayes -all
2. Minutes of Meeting 97-17 (September 8,1997)
Councihnember Carlson moved to approve the minutes of Meeting No. 97-17 (September
8, 1997) as presented.
Seconded by Councihnember Koppen Ayes -all
E. APPROVAL OF AGENDA:
Mayor Bastian moved to approve the Agenda as amended:
Ll McMenemy Property
Seconded by Councihnember Carlson Ayes -all
EA. APPOINTMENTS/PRESENTATIONS
1. Boy Scouts of Presentation School, Stephen Spore Scout Troop #461
a. The Boy Scouts of Presentation School were present at the meeting to Fill
requirements for their citizenship and government merit badges.
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F. CONSENT AGENDA:
Councihnember Carlson moved, seconded by Councihnember Koppen; ayes -all, to approve the
Consent Agenda, Items Fl thru F6, as recommended.
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 9,816.47 Checks #7209-#7212 Dated 9-2-97 thru 9-3-97
$ 268,536.76 Checks #33652-#33739 Dated 9-9-97
$ 57,979.17 Checks #7213-#7222 Dated 9-4-97 thru 9-11-97
$ 171,004.77 Checks #33745-#33852 Dated 9-16-97
$ 507,337.17 Total Accounts Payable
PAYROLL: $ 286,214.08 Payroll Checks and Direct Deposits Dated 9-5-97
$ 47,334.61 Payroll Deduction Checks #60772-#60785 Dated 9-5-97
$ 333,548.69 Total Payroll
S R40,RRS.R6 GRAND TOTAL
2. Englewood Shops Conditional Use Permit Review (1285 Cope Avenue)
Reviewed and renewed the Conditional Use Permit for the Englewood Shops at 1285 Cope
Avenue, with the CUP to be reviewed again only if a problem arises.
3. State Aid Resolution
Adopted the following Resolution:
97-09-109
ESTABLISHING MUNICIPAL STATE AID HIGHWAYS
WHEREAS, it appears to the City Council of the City of Maplewood that the streets
hereinafter described should be designated Municipal State Aid Streets under the
provisions of Minnesota law.
NOW, THEREFORE, BE IT RESOLVED BY THE City Council of the City of
Maplewood that the roads described as follows, to-wit:
Arcade Street from Roselawn Avenue to TH36
Highwood Avenue from McKnight Road to Century Avenue
be, and hereby are established, located, and designated Municipal State Aid Streets of said
City, subject to the approval of the Commissioner of Transportation of the State of
Minnesota.
BE IF FURTHER RESOLVED, that the City Clerkis hereby authorized and directed
to forward two certified copies of this Resolution to the Commissioner of Transportation
for his consideration, and that upon his approval of the designation of said roads or portion
thereof, the same be constructed, improved, and maintained as Municipal State Aid Streets
of the City of Maplewood to be numbered and known as Municipal State Aid Streets.
4. Surplus Property
Declared as surplus property and authorized disposal at State auction or sale to another
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municipality, Unit 621, 1990 Model 3506-B, S.N. 2WB03453 generator set which is no
longer needed.
5. Easement Agreement for Kohhnan Overlook Park
Approved an easement agreement as drafted by the City Attorney and authorized a
payment of $4,000 to the owner of the property at 3067 Edward Street for the 20-foot trail
easement, with payment to be made from the P.A.C. Funds.
6. St. Paul Educational Foundation
Adopted the following Resolution:
97-09-110
APPROVING LAWFUL GAMBLING
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, thatthe
premises permit for lawful gambling is approved for St. Paul Educational Foundation, Inc.,
to operate at 1830 Rice Street, 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 permitapplication
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.
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G. PUBLIC HEARINGS
1. 7:15 P.M. (7:15 P.M.): Ramsey County Compost Site (North of Lower Afton Road,
Between Century Avenue and McKnight Road)
a. Mayor Bastian convened the meeting for a public hearing regarding a request by the
Saint Paul -Ramsey County Department of Public Health, Environmental Health
Section. for a Conditional Use Permit for a new compost site to be created on the
Ramsey County Correctional Facility property north of Lower Afton Road between
Century Avenue and McKnight Road.
b. Manager McGuire introduced the staff report.
c. Director of Community Development Coleman presented the specifics of the report.
d. Commissioner Lorraine Fischer presented the Plam~ing Commission/Community Design
Review Board report.
e. Mayor Bastian explained the procedure for public hearings.
f. Mayor Bastian opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Zack Hanson, Ramsey County, St. Paul-Ramsey Department of Public Health
Dr. Elliott Epstein, E & A Environmental Consultants, Inc.
Iola Engehnann, 47 Mayhill
Shawn Scwartz, 442 Sterling Street
Paulette Peterson, 362 Sterling Street
Joan Bartelt, 2709 Mayer Lane
Jean Ashley, 2466 Brookview Drive
Ed Vitek, 2587 Upper Afton
Emil Sturzenegger, 2455 Londin Lane - #321
Dan Sletten, 2199 Helen Street, No. St. Paul
Louie J. Mahowald, 434 Mary Lane
Ralph Sletten, 2747 N. Clarence
Jon Melander, 458 S. Sterling
Dave Cline, 6180 Oakwood Road, Woodbury
Carol Cline, 6180 Oakwood Road, Woodbury
Winnie Williams, 6165 Oakwood Drive, Woodbury
Dudley Sherman, 6165 Linden Road, Woodbury, presented a report for the record
Judy Schwartz, 6164 Oakwood Road, Woodbury, presented a handout
Luke Schallinger, 2328 Oak Heights Court
Dominic Tollas, 459 Sterling Street S.
Val Mahowald, 454 Mary Lane
Thomas Jorissen, 514 Mary Street
DeAnne Sherman, 6165 Linden Road, Woodbury
Howard J. Muraski, 55 McClelland
g. Mayor Bastian closed the public hearing.
h. Councihnember Rossbach moved to deny the conditional use permit reguestbased on
thefollowinp:
1. The applicant, Ramsey County Department of Public Health, Division of
Solid Waste, has requested a conditional use permit to construct a compost
and yard waste site on the county Correctional Facility property.
2. City properly mailed notice of the application and proposed developmentto
the nearby property owners as identified in Ramsey County records, and
according to Minnesota Statutes.
3. The City held a public hearing at 7:00 P.M. on September 22, 1997 at
Carver Elementary School, as required by law.
4. Residents submitted three petitions with in excess of 200 signatures at the
public hearing, in opposition to the conditional use permit. Twenty-seven
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citizens, including an engineer and a public safety officer testified in
opposition to the proposed compost operation.
5. Objections and concerns stated by the residents included trucktraffic added
to already congested streets, offensive odor, and uncertainty of bioaerosols
associated with composting, wildlife habitat loss, groundwater
contamination, and proximity to the walldng path in Battle Creek Regional
Park.
6. The applicant testified and a consultant in environmental matters testified
on behalf of the applicant.
7. Citizens testified, based on their own experience, that compost sites emit
unpleasant odors.
8. Section 36.442(a) states that the City Council may approve or disapprove a
conditional permit based on nine standards.
9. City Council made the following Fmdings related to these standards:
a) The proposed use is not addressed in the City's Comprehensive
Land Use Plan.
b) The increase in truck traffic & noise associated with the
composting operations would change the character of the
surrounding area.
c) The proposed use could cause a nuisance to people or property
with excessive noise, dust, odors, water run-off and uncertainty of
bioaerosols.
d) The additional truck traffic caused by the composting activities
would contribute to traffic congestion.
e) The proposed composting activities would create additional costs
to the City of Maplewood for the health inspector, police
department and other staff to respond to noise, odor or other
complaints.
t) The proposed compost use would have a negative impact on the
site's natural and scenic features as well as the trail in Battle Creek
Park.
10. Information on property value and impacts of compost yards indicated
possible negative effects within aquarter-mile or so of a compost facility.
Seconded by Councilmember Koppen Ayes - all
H. AWARD OF BIDS
1. Dorland 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. Councilmember Koppen introduced the following Resolution and moved its adoption:
97-09-111
9-22-97 5
AWARD OF BID -RETAINING WALL
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
that the bid of Timme, Inc., in the amount of $37,184.00 is the lowest responsible bid for the
construction of Dorland Wall Removal and Construction, City Project 97-13, and the
Mayor and Clerk are hereby authorized and directed to enter into a contract with said
bidder for and on behalf of the City.
The Finance Director is hereby authorized to make the Fmancial transfers necessary to
implement the Fmancing plan for the project.
Seconded by Councihnember Carlson Ayes - all
I. UNFINISHED BUSINESS
1. Deer in Maplewood
a. Manager McGuire introduced the staff report
b. Assistant to the Manager Busse presented the specifics of the report
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The
following person was heard:
Michelle Doerr, DNR
d. Councihnember Carlson moved to proceed with the survey.
Seconded by Mayor Bastian Ayes - all
J. NEW BUSINESS
1. Londin Lane/Mailand Road Overlay, Project 97-07, Change Order No. 1
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. Councihnember Carlson introduced the following Resolution and moved its adoption:
97-09-112
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project 97-07, Londin Lane-Mailand Road Overlay, and has let a
construction contract pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Improvement Project 97-07, Change Order 1.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA that the Mayor and City Clerk are hereby authorized and
directed to modify the existing contract by executing said Change Order 1 in the amount of
$7,725.00. The revised contract amount is $331,829.50.
The Finance Director is hereby authorized to make the Financial transfers necessary to
implement the Financing plan for the project. The project budget is increased by $7,725.00.
Seconded by Councihnember Koppen Ayes - all
2. Speed Study Request -County Road B, Rice to McMenemy
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. Councihnember Carlson moved to direct staff to request Ramsey County perform a
speed study on County Road B from Rice Street to McMenemy Street.
Seconded by Councihnember Koppen Ayes - all
K. VISITOR PRESENTATIONS
NONE
L. COUNCIL PRESENTATIONS
1. McMenemy Rezoning
M. ADMINISTRATIVE PRESENTATIONS
NONE
N. ADJOURNMENT
Karen Guilfoile, City Clerk
9-22-97 7