Loading...
HomeMy WebLinkAbout11-24-1997 MINUTCS 0~ MAP~C~X/OOD CITY COUNCIL 00 p M ,Monday, Novem~ev 74, 1991 Coun~d Chamber:, Mun~~~pal~uda~ng Meeting Mo. 9]77 M C'AI I Tn nf2P~f2 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. f~ PI ~D~~ n~ A1J-~L NC's ~ Rnl I CAI I 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: I. Minutes of Counci~~Managev ~/ovgshop of Novembev 3, 199] Councilmember Carlson moved to approve the minutes of the Council/Manager Meeting of November 3, 1997 as presented. Seconded by Councilmember Allenspach Ayes -all 7. Minutes of Meeting 9771 ~Movemhev 10, 1997 Councilmember Rossbach moved to approve the minutes of Meeting No. 97-21 (November 10, 1997) as presented. Seconded by Councilmember Carlson Ayes -all ~APPT~~AI~~C~NDA. Mayor Bastian moved to approve the Agenda as amended: L1 Mayor's Update 1 11-24-97 L2 Succession Session L3 Workshop Agenda M1 Closed Session Seconded by Councilmember Carlson Ayes -all ~ APpnINTMpNT~/pf2p~pNTATInN~ MaPle~ooa ,gt6letic,q~~ociation po~at~o~ for Glaa~o~e park a. Manager McGuire introduced the staff report. b. Director of Parks & Recreation Anderson presented the specifics of the report. c. Jerry Harrigan, President, Maplewood Athletic Association presented a donation of $50,000 from the MAA to the City for ball field improvements at Gladstone Community Park. 2. Troop 9 -Community Merit Badge a. Members of Scout Troop 9, attending the Council meeting in order to fulfill the requirements for their Community Merit Badge were introduced: 1 Mike Moorehead, Chairperson for Troop 9 2 Nick Stalman, 1802 Ross Avenue, St. Paul 3 Steven Evertz, 905 Kennard, St. Paul 4 Bobby Clark, 1849 Case Avenue, St. Paul 5 David Clark, 1849 Case Avenue, St. Paul 6 Brandon Fischer, 1683 Case Avenue, St. Paul 7 Troy Colford, 1710 York Avenue, St. Paul 8 Jake Colford, 1710 York Avenue, St. Paul p pnN~pNTAp~pNpA. Councilmember Carlson moved, seconded by Councilmember Koppen; ayes -all, to approve the Consent Agenda, Items F1 thru F8, as recommended. 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 97,288.14 Checks#7279-#7293 Dated 11-4-97thru 11-7-97 $ 693,811.76 Checks #34718-#34858 Dated 11-11-97 $ 18,859.83 Checks#7294-#7297 Dated 11-12-97thru 11-14-97 $ 202,796.82 Checks #34861-#34966 Dated 11-18-97 $1,012,756.55 Total Accounts Payable PAYROLL: $ 290,189.32 Payroll Checks and Direct Deposits Dated 11-14-97 $ 47,755.92 Payroll Deductions Dated 11-14-97 2 11-24-97 $ 337,945.24 Total Payroll $1 350,701.79 GRAND TOTAL 2. Purchase of CompuEerizecl ~ecorcls~quipmen{:-Confisca{:ecl ~uncls Authorized the expenditure of $2,600.00 of asset forfeiture funds to purchase digital archiving equipment for the police records unit in order to expedite processing and storage, faalitate accessibility and ensure safety and integrity of records. 3. Charitable Gambling -Maplewood Athletic Association (The Bird) Adopted the following Resolution: 97 - 11 - 131 APPROVING CHARITABLE GAMBLING - MAPLEWOOD ATHLETIC ASSOCIATION AT THE BIRD BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the Maplewood Athletic Association to operate at The Bird, 3035 White Bear 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 §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution bythe CityCouncil of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. 4. Charitable Gambling -Maplewood Athletic Association (Gulden's) Adopted the following Resolution: 97-11-132 APPROVING CHARITABLE GAMBLING - MAPLEWOOD ATHLETIC ASSOCIATION AT GULDEN'S BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the Maplewood Athletic Association to operate at Gulden's Roadhouse, 2999 North Highway 61, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution bythe CityCouncil of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. 5. Charitable Gambling -Hill Murray Mothers' Club (Bleechers) 3 11-24-97 Adopted the following Resolution: 97-11-133 APPROVING CHARITABLE GAMBLING -HILL MURRAY MOTHERS' CLUB AT BLEECHERS BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the Hill Murray Mothers' Club to operate at Bleechers, 2220 White Bear 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 §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution bythe CityCouncil of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. 6. Project 95-11, Century Ave. North of Highwood - No Parking Resolution Adopted the following Resolution: 97-11-134 ESTABLISHING NO-PARKING ZONE -WEST SIDE OF CENTURY NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood, Minnesota that a no-parking zone is established on the west side of Century Avenue from Highwood Avenue to Linwood Avenue. 7. Project 93-11, Cave's English Street Third Addition -Final Project Acceptance Adopted the following Resolution: 97-11-135 ACCEPTANCE OF PROJECT 93-19, CAVE'S ENGLISH THIRD ADDITION WHEREAS, the City Engineer for the City of Maplewood has determined that Cave's English Third Addition, City Project 93-19, is complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City ProJ~ect 93-19 is complete and maintenance of these improvements is accepted by the City. Release of any retainage or escrow is hereby authorized. 8. Project 96-02, Gervais Ave. -Landscape Contract Final Payment Adopted the following Resolution: 97-11-136 4 11-24-97 ACCEPTING PROJECT 96-02, GERVAIS AVENUE LANDSCAPE IMPROVEMENTS WHEREAS, the City Engineer for the City of Maplewood has determined that Genrais Avenue Landscape Improvements, City Project 96-02, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City ProJ~ect 96-02 is complete and maintenance of these improvements is accepted by the City. Release of any retainage or escrow is hereby authorized. G. PUBLIC HEARINGS ,oo p M p M ) Ra~o~~~g (~t~~C) X500 ~X/6~~a~aar,q~a~~a a. Mayor Bastian convened the meeting for a public hearing regarding . . b. Manager McGuire introduced the staff report. c. Director of Community Development Coleman presented the specifics of the report. d. Commissioner Milo Thompson presented the Planning Commission report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following person was heard: Ralph Sletten, 2747 Clarence Street North f. Mayor Bastian closed the public hearing. g. Councilmember Koppen introduced the following Resolution and moved its adoption: 97-11-137 ZONING MAP CHANGE - F (FARM) TO BC (BUSINESS COMMERCIAL) WHEREAS, City staff applied for a rezoning from F (farm) to BC (Business Commercial). WHEREAS, this rezoning applies to a 1.62 acre tract at 2500 White Bear Avenue. The legal description of the property is: Subject to White Bear Avenue and German Street, the north 150 feet of the south 495 feet of part of northwest 1 /4 of the southeast 1 /4 of the northwest 1 /4 east of the centerline of said avenue in Section 11, Township 29, Range 22 in Maplewood, Minnesota. WHEREAS, the history of this rezoning is as follows: 1. The Planning Commission reviewed this rezoning on October 20, 1997. They recommended that the City Council approve the rezoning. 2. The City Council held a public hearing on November 24, 1997. The 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 Councl also considered reports and recommendations 5 11-24-97 from the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described rezoning 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 the 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 u on the logical, efficient and economical extension of public services and facilities, such as public water, sewer, police and fire protection and schools. 5. State law now requires all cities in the metropolitan area to have consistent zoning and land use plans. 6. The Ramsey County Assessor's Office said that the zoning change should not affect the property taxes of the site. Seconded by Councilmember Carlson Ayes - all ~i5 p M p M ) Ra~o~~~g (R i to~C M) ~a36 ~X/6~~a~aar,q~a~~a a. Mayor Bastian convened the meeting for a public hearing regarding . . b. Manager McGuire introduced the staff report. c. Director of Community Development Coleman presented the specifics of the report. d. Commissioner Thompson presented the Planning Commission report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following person was heard: Bruce Fisher, 2836 White Bear Avenue, property owner f. Mayor Bastian closed the public hearing. g. Councilmember Carlson introduced the following Resolution and moved its adoption: 97-11-138 ZONING MAP CHANGE R-1 (SINGLE FAMILY RESIDENTIAL) TO BC-M (BUSINESS COMMERCIAL MODIFIED 6 11-24-97 WHEREAS, City staff applied for a rezoning from R-1 (single-family residential) to BC-M (business commercial modified). WHEREAS, this rezoning applies to a .90 acre tract at 2836 White Bear Avenue. The legal description of the property is: Subject to White Bear Avenue and except the east 455 feet the south 195 feet of the north 520 feet of part of northeast 1 /4 of the southwest 1 /4 of the centerline of said avenue in Section 2, Township 29, Range 22 in Maplewood, Minnesota. WHEREAS, the history of this rezoning is as follows: 1. The Planning Commission reviewed this rezoning on October 20, 1997. They recommended that the City Council approve the rezoning. 2. The City Council held a public hearing on November 24, 1997. The 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 Councl also considered reports and recommendations from the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described rezoning 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 the 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 u on the logical, efficient and economical extension of public services and facilities, such as public water, sewer, police and fire protection and schools. 5. State law now requires all cities in the metropolitan area to have consistent zoning and land use plans. 6. The Ramsey County Assessor's Office said that the zoning change should not affect the property taxes of the site. Seconded by Councilmember Rossbach Ayes - all ~~\Y/Af2~ n~f~l~~ NONE I l 1N~INI~~I~~~l I~IN~~~ NONE 7 11-24-97 1. N~\Y/fkl I~IN~~~ Bu=k': UnPa~ntaa Aurn~ura Da:~gn Appeal AX/6~0 Aar,A~anua, No„t6 of Aaa~ A~anua) a. Manager McGuire introduced the staff report. b. Director of Community Development Coleman presented the specifics of the report. c. Boardmember Marie Robinson presented the Community Design Review Board report. d. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following persons were heard: Randy Buck, owner, Buck's Unpainted Furniture Lois Patwell, 1927 Radatz Avenue Pat Kelly, City Attorney Randy Buck, second appearance e. Mayor Bastian moved to amend Condition 2.b. and delete Condition 2.c.3 of the Community Design Review Board's motion to read (additions underlined, deletions crossed out): 2.b. (Before getting a building permit) Revise the landscape plan for staff approval, replacing the shrubs that are within the 25-foot sight triangle with lower growing shrubs and substituting the Amur Maple trees with another species. The a licant shall also show asix-foot-tall decorative wood screening ence along the west lot line. This fence shall begin at the south end of the building and run north 100 feet. This fence shall be at least 80 ercent o a ue. The a licant shall submit the fence design to staf for approval. ~niec# cirle n£ the ci#o #n ills imin~#o the h~nL rl ri~ie~ni~a I'`~re chni Jrl he 2.c.3. An easement must be obtained from the Patwells for preparation, installation and maintenance of the fence. Second(e~dby Cou(~nclilmember Carlson Ayes - all 2. Monatonium Jtucly Anea - SouEh and AasE of -494 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: Carl Tollefson, Developer Jeff Bonsell, 2239 Foxtail, Land O Lakes (Mother is property owner) 8 11-24-97 d. Councilmember Koppen moved to: When Maplewood updates the Comprehensive Plan in 1998, Delete the east-west street south of Carver Avenue. b Show the planned park as a park search area, rather than a specific site. Direct staff to re are a zonin code amendment to add a rural residential zoning district tot a code. This new district should include a minimum lot size, a minimum lot width, and the permitted and conditional uses. Seconded by Councilmember Carlson Ayes -all 3 ~ee Increase - Cigave~e License a. Manager McGuire introduced the staff report. b. City Clerk Guilfoile 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 Carlson moved to increase the fee for a cigarette license from $45.00 to $75.00, to cover costs of administrative services and the monitorinq rop cess. Seconded by Councilmember Rossbach Ayes - all 4. ~ee Increase - Pamn Sinop a. Manager McGuire introduced the staff report. b. City Clerk Guilfoile 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 have separate licenses for second hand dealers and pawn shops, with increases as follows: Second Hand Dealers: License fee increase by 3°k, from $274.00 to 282.00 Pawn Shops: License fee increase from $274.00 to $8,000 with $4,000 due January 1 and $4,000 due June 15. Seconded by Councilmember Carlson Ayes - all K \/I~ITnf2 Pf2~~~NTATInN~ 1. Ralph Sletten, 2747 Clarence Street 9 11-24-97 a. Mr. Sletten gave a presentation about the current Beam Avenue compost site. b. Mayor Bastian moved to direct staff to look at the current conditions at the site. Seconded by Councilmember Carlson Ayes - all L. COUNCIL PRESENTATIONS 1. Mayor's Update a. Mayor Bastian reminisced about his years with Maplewood, and submitted his resignation, effective at 11:59 P.M. on November 24, 1997 2. Succession Session a. Councilmembers Carlson, Koppen and Rossbach explained the process of appointing the Mayor's replacement at the December 1, 1997 Council/Manager workshop and the process for appointing a Councilmember, if necessary. b. City Attorney Kelly presented the procedure set by State Statutes for replacing the Mayor and Councilmembers. 3. Workshop Agenda a. Mayor and Council agreed that the Workshop Agenda was covered in preceding discussions. M. ADMINISTRATIVE PRESENTATIONS 1. Closed Session a. Mayor Bastian moved entering into a closed session to discuss litigation. Seconded by Councilmember Carlson Ayes -all COUNCIL ENTERED CLOSED SESSION AT 9:08 P.M. a. Attorney Kelly presented information regarding: 1) Pending APT alternative sites 2 Four Crowns, Wendy's (loss of income) 3 Schreier - (eminent domain) b. Mayor Bastian moved to end the closed session and re-open the Council meeting, Seconded by Councilmember Carlson Ayes - all MAYOR BASTIAN RE-OPENED THE CITY COUNCIL MEETING AT 9:25 P.M. 10 11-24-97 N. ADJOURNMENT 9:30 P.M. Karen Guilfoile, City CIerK 11 11-24-97