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HomeMy WebLinkAbout01-10-1994 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, January 10, 1994 Council Chambers, Municipal Building Meeting No. 94-01 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 BI. SWEARING IN CEREMONY 1. City Clerk Aurelius administered the Oath of Office to the following: Gary W. Bastian, Mayor Sherry Allenspach, Councilmember Marvin C. Koppen, Councilmember 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 93-30 (December 27, 1993) Councilmember Rossbach moved to approve the minutes of Meeting No. 94- (l as presented. Seconded by Councilmember Carlson. Ayes - Mayor Bastian, Councilmembers Carlson, Rossbach Nays - None Abstain - Councilmembers Allenspach, Koppen E. APPROVAL OF AGENDA Mayor Bastian moved to approve the Agenda as amended: L1 Community Policing L2 Woodbury Intersection L3 Mayor's Update Seconded by Councilmember Carlson Ayes - all. EA. APPOINTMENTS/PRESENTATIONS NONE F. CONSENT AGENDA Councilmember Carlson moved, seconded by Councilmember Rossbach: aves - all. to aoorove the consent agenda items F-1 thru F-6 as recommended• 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 647,895.32 Checks #1838 - #1913 Dated 12-16-93 thru 12-30-93 S 65.984.43 Checks #12084 - #12294 Dated 1-10-94 $ 713,879.75 Total per attached voucher/check register PAYROLL: $ 203,638.89 Payroll Checks #38351 thru #38532 Dated 12-30-93 $ 14,454.05 Payroll Deduction Checks #38537 thru #38543 dated 12-30-93 $ 218,092.94 Total Payroll S 931.972.69 GRAND TOTAL 2. Conditional Use Permit Review - 1829 White Bear Avenue (Hejny Rental) Reviewed and approved renewal of the Conditional Use Permit for 1829 White. Bear Avenue. The permit will be reviewed again in five years. 3. Preliminary Plat Time Extension: Knollwood Circle (Goff) Reviewed and approved a request from Pat Goff for a one-year time extension for the Knollwood Circle Addition preliminary plat, subject to the December 15, 1988 conditions of approval. 4. Preliminary Plat Time Extension: Woodlynn Heights Town Homes No. 7 & No. 8 Reviewed and approved a request from Mack Nettleton for a one-year time extension for the Woodlynn Heights Numbers 7 and 8 preliminary plat, subject to the November 25; 1991 conditions of approvals 5. Budget Adjustment - Consulting Building Inspectors a. Authorized budget increases of $48,535 each in 101-703-4480 and the corresponding revenue account to pay the remaining 1993 consulting inspectors bills. b. Authorized the Finance Director to make future adjustments to expenditure and revenue budgets as appropriate for payment of the consulting inspectors. 2 1-10-94 6. Liquor License: Change of Managers - Chi Chi's Approved the intoxicating liquor license application of Roberta J. Simat as the new manager of Chi Chi's at 3069 White Bear Avenue. G. PUBLIC HEARYNGS 1. 7:00 P.M.: Conditional Use Permit - 1940 County Road D (Circuit City) a. Mayor Bastian convened the meeting for a public hearing regarding a request for a conditional use permit to allow replacement of seven unscreened roof-top mechanical units with six unscreened new units. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the report. d. Boardmember Anitzberger 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: Tamara K. Chambless, Architect, of Good, Fulton and Farrell Architects Gary Jackson, representing Maplewood Mall, requested screening g. Mayor Bastian closed the public hearing. h. Councilmember Rossbach introduced the following Resolution and moved its adoption: 94-01-01 CONDITIONAL USE PERMIT - ROOF-TOP MECHANICAL UNITS WHEREAS, Good, Fulton and Farrell Architects applied for a conditional use permit. The permit replaces one nonconforming use with another nonconforming use - seven unscreened roof-top mechanical units with six new units. WHEREAS, this permit applies to 1940 East County Road D. The legal description is: Maplewood Mall Addition, Subject to and with Easements; part lying westerly of following described line; commencing at the northeast corner of Lot 2 thence west on the north line of said lot 433.33 feet to beginning thence south parallel to east line 548.37 feet thence southwesterly on curve to right 47.19 feet thence south 41 degrees 3 minutes 45 second west 71.24 feet to south line of Lot 2 and term of East 325.83 feet of Lot 2, Block 1. 3 1-10-94 WHEREAS, the history of this conditional use permit is a follows: 1. On December 28, 1993, the Community Design Review Board recommended that the City Council approve this permit. 2. On January 10, 1994, 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 Planning 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. 10. There would not be amore restrictive nature as the original nonconforming use. This permit is subject to the following conditions: 1. All construction shall follow the plan that the City stamped November 24, 1993. The Director of Community Development may approve minor changes. 4 1-10-94 2. The city Council shall not review this permit unless a problem arises. 3. The roof-top mechanical equipment shall be painted to match the upper-most color of the building. Seconded by Ayes - all 2. 7:15 P.M. (7:20 P.M.): Conditional Use Permit Review - Highway 61 Mining (Frattalone) a. Mayor Bastian convened the meeting for a public hearing regarding review of the conditional use permit for F. M. Frattalone Excavating, Inc. for mining west of highway 61 between Beam Avenue and County Road D. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the report. d. Commission Rossbach presented the Planning Commission report. _ e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Frank Frattalone, the applicant (stated he would close the one road) Letter from Andrea Vento Talmadge Carey, 1174 East County Road D Joe Prokosch, 1272 East County Road D Rich Pearson, 2990 Carey Heights Drive Mary Dean, 1233 East County Road D f. Mayor Bastian closed the public hearing. g. Councilmember Rossbach introduced the following Resolution and moved its adoption: 94-01-02 CONDITIONAL USE PERMIT - MINING WHEREAS, the City Council is reviewing a conditional use permit for mining; WHEREAS, this permit applies to the property on the west side of Highway 61, between Beam Avenue and County Road D. The legal description: Except the north 676 feet of the following; beginning on the NE corner of Section 4, then west on the north line of said section 5 feet, then south 741.3 feet to point 15 feet west of east line of said section, then east to east line of said section, then north to beginning in Section 4, Township 29, Range 22 and in RLS No. 322; Tract A and also the south 401 feet of the north 1006 feet of the east 661.6 feet of the NE 1/4, (Subject to highway and easements) of Section 4, Township 29, Range 22 and Subject to County Road D and subject to gas pipeline easement and except east 661 6/10 feet of the north 1006 feet, the NE 1/4 of the NE 1/4 of Section 4, Township 29, Range 22. 5 1-10-94 WHEREAS, the history of this permit is as follows: 1. The City Council approved this permit in 1982. 2. The City Council renewed this permit in 1983, 1988 and 1990. NOW, THEREFORE, BE IT RESOLVED that the City Council replace the permit conditions with the following conditions: 1. The requirements in Article IV (Mining) of Chapter 36 of the City Code shall be followed. 2. Trucks that are coming to or leaving this site shall only use Highway 61 and the frontage road. The operator shall install "CAUTION, TRUCKS HAULING" signs for north and south traffic on Highway 61. 3. The operator or contractor shall get a mining permit approved by the City Engineer each year. No work shall be done without an annual permit, This permit shall state the amount of material that can be removed each year. The operator or contractor shall submit a site plan each year, including grading, drainage and erosion control information. The grading plan shall include contours of the existing and final grades. The erosion control plan shall be consistent with the Ramsey .Soil and Water Conservation District Erosion and Sediment Control Handbook. All work shall follow the annual plan and permit. 4. There shall be no explosive detonations of any kind on the site. 5. The contractor or operator shall install, maintain and use a suitable structure or method to remove excess dirt from trucks - and trailer tires before entering a public street from the site. The contractor or operator shall submit a plan for this structure to the City Engineer for approval. 6. The permit holder is responsible for acquiring any permits from other agencies. 7. The gate shall be moved to County Road D and kept locked. 8. This permit shall end in five years. Staff will issue a yearly report and place it on the Agenda. The City Council shall not review this permit again unless there is a problem. Seconded by Mayor Bastian Ayes - all H. AWARD OF BIDS NONE I. UNFINISHED BUSINESS 1. Reduced Setback: 1191 South Century Avenue (Valiukas) a. Manager McGuire presented the staff report. 6 1-10-94 b. Councilmember Carlson moved to approve the reduced setback for the garage and house addition at 1191 South Centurv Avenue as follows: 1. The addition would not adversely affect the drainage of surrounding properties and would not affect the privacy of - adjacent homes. 2. The setback meets the intent of the Code. The intent of the Code is to require a minimum setback to future or existing public streets. The City does not intend to build a street on this right-of-way. The setback between the Valiukas's structure and the driveway is greater than in typical residential neighborhoods. 3. The right-of-way creates an unusual hardship to the Valiukas's property. The City requires a larger setback to a right-of-way than to a private driveway easement. Approval is subject to the Valiukases signing an agreement by .February 1, 1994. The City Attorney shall draft this agreement. The City shall record this agreement to run with the property. This agreement shall contain the following conditions: 1. By May 1, 1994, the Valiukases shall erect at least two signs with the following statement along the driveway: "NO PARKING OR STOPPING ON DRIVEWAY". At least one sign shall be east of the Valiukas's house for west-bound traffic and at least one shall be west of the Valiukas's house for east-bound traffic. 2. By May 1, 1994, the Valiukases shall pave their driveway and at least enough off-drive parking for two vehicles. .The Valiukases shall not have this driveway or parking paved until they get a driveway permit from the City Engineer. 3. Beginning in 1994, the Valiukases shall pay the Libbys $75 each year for snow plowing, and subsequent years by September 1. The parties shall agree to the cost of snow plowing. 4. The Valiukases shall pay a proportionate share of the cost of maintaining the first 220 feet of the driveway. They shall pay 1/2 of the cost if two houses use the driveway, 1/3 for three homes and 1/4 for four homes. The Libbys shall decide when to _ maintain the driveway. If the Valiukases want more maintenance, they may do additional maintenance on the first 220 feet at their own expense. Either party shall give the other party at least four weeks notice before doing any work. This notice does not have to include snow plowing. 5. When a building permit is required for a third house, the Valiukases shall pay for 1/3 of the cost of the first 220 feet of widening the driveway to 20 feet. 6. By June 1, 1994, the Valiukases shall construct or plant a fence, landscaped berm or hedge next to their decks This landscaping shall be continuous and high enough so that children will not inadvertently run out onto the driveway. The Valiukases shall present a plan for this work to the City Engineer. He must approve this plan before the Valiukases do the work. All work must follow the approved plan. The Valiukases are responsible for maintaining this landscaping to the above standard. 7 1-10-44 7. The Valiukases shall hold the City harmless from any claims that may arise from the driveway's use or maintenance. 8. If there are .reasonable delays, the City Manager may approve a time extension for the above conditions. - 9. The above conditions shall apply to the Valiukases or any future owners of their property. Seconded by Mayor Bastian Ayes - Mayor Bastian, Councilmembers Allenspach, Carlson, Koppen Nays - Councilmember Rossbach J. NEW BUSINESS 1. Conditional Use Permit Review: Eastern Heights State Bank (3M) a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following was heard: Lee, representing 3M Company d. Councilmember Rossbach moved to approve'staff recommendation that 3M be required to obtain a aermit for site grading and development before January 25 1994 and a building permit by Aaril 2. 1994. If this is done, the permit will not be reviewed again unless there is a problem. Seconded by Mayor Bastian Ayes - all 2. Resolution Providing for the Sale of Open Space Bonds a. Manager McGuire presented the staff report. b. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following was heard: Jerry Shannon, Springsted c. Councilmember Carlson introduced the following Resolution and moved its adoption: 94-01-03 RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF 65,000,000 GENERAL OBLIGATION OPEN SPACE BONDS, SERIES 1994A A. WHEREAS, the City Council of the City of Maplewood, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $5,000,000 General Obligation Open Space Bonds, Series 1994A (the "Bonds"), to finance the acquisition of land and for the betterment of open space; and 8 1-10-94 B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor for the Bonds and is therefore authorized to sell the Bonds by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2{g): NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Authorization: Findings. The Council hereby authorizes Springsted to solicit bids for the competitive negotiated sale of the Bonds. 2. Meeting: Bid Opening. The Council shalt meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed bids for, and awarding the sale of, the Bonds. The City Clerk, or her designee, shall open bids at the time and place specified in such Terms of Proposal. 3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement. In connection with said competitive negotiated sale, the officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. Seconded by Councilmember Rossbach Ayes - all - 3. Side Walk Plowing a. Manager McGuire presented the staff report. b. Council directed Staff to investigate the possibility of using workhouse inmates to clear snow from bus stops, etc. c. Councilmember Carlson moved to continue the policy set last year and further discuss this at budget time. Seconded by Councilmember Koppers Ayes - Councilmembers Allenspach, Carlson, Koppers, Rossbach Nays - Mayor Bastian 4, Residential Dedication by Developers (PAC) a. Manager McGuire presented the staff report. b. Councilmember Carlson introduced the following Resolution and moved its adoption: 9 1-10-94 93-01-04 ADOPTING 1994 PARK ACQUISITION CHARGE FOR NEIGHBORHOOD PARKS WHEREAS, Maplewood Code Sec. 21-46 recognizes the need for neighborhood parks, establishes standards and improvement guidelines for such and provides methods of acquisition and development, and WHEREAS, Sec. 21-56 states that the City Council at its first regular meeting of each calendar year shall act to adopt by resolution the cost per person which shall be multiplied by the populace per unit value as found in Sec. 21-48. This annual cost determination shall be used to calculate the Neighborhood Park Charge for each dwelling unit for the ensuing year, and WHEREAS, the intention of the Ordinance is to provide for future quality of life through the acquisition and development of park-open space, and WHEREAS, the costs of acquisition of property and the development of parks has continued to increase, THEREFORE, the Park and Recreation Commission recommends that effective January 10, 1994, the City Council establish the cost for Neighborhood Park Charge at $151,47 per person. Seconded by Councilmember Rossbach Ayes - all 5. Ambulance Billing - Minnesota Care Tax a. Manager McGuire presented the staff report. b. Councilmember Rossbach moved to approve staff recommendation that (1) the Citv not add the MinnesotaCare Tax on ambulance bills but consider the tax as an expense of doing business. (2) finance the MinnesotaCare Tax by a transfer from the General Fund Contingency Account and authorize the appropriate budget transfers to do so. Seconded by Councilmember Carlson Ayes - all 6. Request for Charitable Gambling Funds a. Manager McGuire presented the staff report. b. Councilmember Carlson moved to approve contributions from the Charitable Gambling Fund in the amount of 8275 for the Maplewood Seniors and Persons with Disabilities Advisory Committee to cover the costs of a survey regarding special needs and in the amount of 86 900 to the Parks & Recreation Department to purchase five portable electronic basketball scoreboards to be used in the youth basketball program. Seconded by Councilmember Rossbach Ayes - all 7. Annual Designations and Appointments: a. Manager McGuire presented the staff report. b. Mayor Bastian moved the following annual designations and appointments: 1) City Attorney Bannigan & Kelly (no rate change) 10 1-fl0-94 2) Prosecuting Attorney Hughes & Costello 3) Municipal Legislative Commission Sherry Allenspach Mike McGuire 4) Ramsey County League of Local Governments George Rossbach Alternate: Dale Carlson 5) Cable Commission Gary Bastian Alternate: Dale Carlson Clifford McGinnis Alternate: Gretchen Maglich 5) N.E.S.T. Dale Carlson George Rossbach 7) Suburban Rate Authority Marvin Koppen Alternate: Dan Faust 8) Official Newspaper Maplewood Review 9) dalley Branch Watershed District Technical Advisory Committee James Frost (if available) 10) Acting Mayor George Rossbach 11) Chamber of Commerce Marvin Koppen Geoff Olson 12) St. Paul Water Treatment Plan George Rossbach Advisory Board Dale Carlson 13) The Partnership Gary Bastian 14) Community Center Change Order Committee, Dale Carlson. 15) School District 622 North High Committee George Rossbach Alternate: Gary Bastian Seconded by Councilmember Rossbach Ayes - all 8. Commissions and Boards - Reappointments: Planning Commission a. Councilmember Rossbach moved to re-appoint Garv Pearson and Will Rossbach to the Plannino Commission for three-year terms. Seconded by Councilmember Carlson Ayes - all Community Design Review Board b. Councilmember Rossbach moved to re=aouoint'Marie Robinson to the Community Design Review Board for a two-year term and to advertise for one additional position. Seconded by Councilmember Carlson Ayes - all 11 1-10-94 Human Relations Commission c, Mayor Bastian moved to re-appoint Marie Koehler to the Human Relations Commission for a three-year term and to advertise for a person to fill the other vacancy. Seconded by Councilmember Carlson Ayes - all Civil Service Commission d. Mayor Bastian moved to re-aaooint Clayton Ouallev to the Police Civil Service Commission fora three-year term. Seconded by Councilmember Carlson Ayes - all Park and Recreation Commission e. Councilmember Carlson moved to re-aoaoint Jeanne Ewald. Jeff Carver and Donald Christianson to the Park and Recreation Commission for three-year terms. Seconded by Mayor Bastian Ayes - all 9o Ramsey Washington Metro Watershed District Commission a. Manager McGuire presented the staff report. b. Councilmember Rossbach moved to recommend to Ramsey County that they re-appoint John Greavu to the Ramsey Washington Metro Watershed District Commission. Seconded by Mayor Bastian Ayes - all 10. Rules of Procedure a. Manager McGuire presented the staff report. b. Councilmember Rossbach moved to adopt the Rules of Procedure as currently written. Seconded by Councilmember Koppen Ayes - all 11. Council Policies a. Manager McGuire presented the staff report. b. Mayor Bastian moved to table the Council Policies to a Council/Manager Meetino Seconded by Councilmember Rossbach Ayes - all 12. Open Space Committee Applicants a. Manager McGuire presented the staff report.. b. Mayor Bastian moved to aoooint Charlotte Brooker. Rob Peterson and Edward Vitek (from areas B. D and E) to the Ooen Space Committee. Seconded by Councilmember Carlson Ayes - all.. 12 1-10-94 K. V%SITOR PRESENTATIONS 1. Will Rossbach, 1386 East County Road C a, Mr, Rossbach stated he was representing the Planning Commission and they are requesting information on the status of the PUD Ordinance. b. Mr. Rossbach stated that (speaking not as a Commission member) he feels the City is too lenient on compliance with the Ordinance, specifically roof-top screening, also outside storage of grass, and the CUP for 3M. 2. Kevin Berglund, 1929 Kingston a. Mr. Berglund commented on the golden opportunity of having Visitor Presentation and praised staff for listening and taking notes for Council as well as citizens. b. Mr. Berglund asked if it would be possible to place Visitor Presentations further ahead on the Agenda. 3. Will Rossbach, 1386 East County Road C a. Mr. Rossbach requested the City Attorney provide an opinion relative to the litigation memorandum regarding the Federal Court decision for taking of property. b. Staff will investigate. L. COUNCIL PRESENTATIONS 1, Community Policing a. Councilmember Carlson reported he has spoken with citizens regarding crime prevention, policing, etc. b. Councilmember Carlson suggested a packet of information be prepared and officers could go City-wide explaining their programs. c. Staff stated it could be a workable project. This item will be placed on a Council/Manager meeting. agenda and staff will submit a packet for their consideration. 2. Woodbury Interchange a, This will be discussed at a meeting being held Tuesday, January 11, 1994 in Room B of the Woodbury City Hall. 3. Mayor's Update a. Mayor Bastian reported that some of the topics discussed at the Mayor's Forum on Saturday were Open Space, Woodbury Intersection, and Schools. b. Mayor Bastian announced there will be a conference on "Caring for Kids" - a forum to be held January 18, 1994 regarding suburban concerns about children and their education. c. Mayor Bastian stated that St. Paul divides the City by grids to report crimes, etc. d. Staff stated Maplewood has something similar and will present it to Council. 13 1-10-94 M. ADMINYSTRATIVE PRESENTATIONS 1. Open Space Progress a. Manager McGuire presented the staff report. b, Assistant City Manager Maglich presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter, The following were heard: Charlotte Wasiluk, 1740 Frank St. - (stated all properties were thoroughly investigated and the list should stand), d. Councilmember Carlson moved to endorse the Ooen Space Committee position that-the original process and identified parcels should stand as it is and that no other sites should be examined at this time. but that additional recommended properties might be discussed in the future. Seconded by Councilmember Rossbach Ayes - all 2. Schedule Council/Manager Workshop a. Manager McGuire presented the staff report. b. Mayor Bastian moved to set a Council/Manager Meeting on January 20. 1994 at 5:30 P M for an Update on the Status of fire Department Contracts. Update on Litigation and to Schedule a Council Retreat. Seconded by Councilmember Rossbach Ayes - all N. ADJOURNMENT 9:50 P.M, Lucille E. Aurelius City Clerk 14 1-10-94