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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. 9-22-97 1 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 9-22-97 2 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. 9-22-97 3 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 9-22-97 4 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. 9-22-97 6 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