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HomeMy WebLinkAbout01-28-91 MINUTES. OF MAPLEWOOD CITY COUNCIL 7:A0 P.M., Monday, January 28, 1991 Council Chambers, Municipal Building Meeting No. 91-02 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 7:05 P.M. by Mayor Bastian. B. ROLL CALL Gary W. Bastian, Mayor Present Dale H. Carlson, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present Joseph A. Zappa, Councilmember Present C. APPROVAL OF MINUTES Councilmember Zappa moved to approve the minutes of Meeting No. 91-01 (January 14 19911 as presented. Seconded by Mayor Bastian Ayes - all D. APPROVAL OF AGENDA Mayor Bastian moved to approve the Agenda as amended. 1. Mayors Update Seconded by Councilmember Zappa Ayes - all EA. PRESENTATIONS 1. Donation - 3M Company a. Manager McGuire presented the staff report. b. Director of Emergency Management Cude presented the specifics of the subject. c. Representative of 3M Company, Jim Jensen, presented the City with a check for $252,000 as their donation to fund the Maplewood Hazardous Materials Response Team. d. Councilmember Zappa introduced the following resolution and moved its approval• t, 1 1-28-91 91-01-14 - WHEREAS, 3M Center, the worldwide administrative and laboratory headquarters of 3M, is located in the City of Maplewood, Minnesota; and WHEREAS, the City of Maplewood, through its police and volunteer fire departments and emergency management organization, provides emergency response services for 3M Center and the City of Maplewood; and, WHEREAS, various types and quantities of chemicals and hazardous materials are stores and used in the laboratory buildings at 3M Center; and, WHEREAS, recent federal and state laws mandate certain levels of training, proper equipment and procedures for those who provide emergency response to incidents involving hazardous materials; and WHEREAS, 3M Center and the City of Maplewood seek to comply with these safety regulations; and, = WHEREAS, the City of Maplewood is in the process of forming a specially trained and equipped Hazardous Materials Response Team qualified under state and federal laws pertaining to SARA Title III and OSHA 1910.120 to respond to hazardous materials incidents; and, WHEREAS, 3M Center would be a recipient of Maplewood Hazardous Materials Response Team services, and encourages the formation of such a team by or about June 1, 1991. NOW, THEREFORE, 3M voluntarily agrees to present to the City of Maplewood the sum of $252,000.00 to be used entirely and only for the purpose of training and equipping by June 1, 1991 or as soon as practical thereafter, a Hazardous Materials Response Team to serve the City of Maplewood including 3M Center, and nearby cities by mutual aid or joint powers agreements. The City of Maplewood hereby accepts said sum and agrees to use it entirely and only for the purpose stated herein. - It also is agreed that in accepting said sum the City of Maplewood, its officers, employees, agents and volunteer emergency response personnel and insurers will hold 3M harmless with respect to any and all claims that may arise from the selection, purchase and use of any and all equipment and training acquired with said sum. It is further agreed that the City of Maplewood and/or its volunteer fire departments will properly maintain the training - programs and equipment of the Hazardous Materials Response Team developed, in part, with said sum. THIS AGREEMENT represents the entire understanding between the parties and supersedes any prior understanding, either amended without the express written consent of both parties. THIS AGREEMENT is signed and dated below in good faith by the following official representatives of 3M and the City of Maplewood. 2 1-28-91 3M Company CITY OF MAPLEWOOD Jim R. Jensen Mayor Gary Bastian Staff Vice President of Office Administration City Manager Mike McGuire January 28, 1991 January 28, 1991 Seconded by Councilmember Juker Ayes - all e. Councilmember Juker moved to designate interest from the HAZMAT fund be assigned to HAZMAT. Seconded by Mayor Bastian Ayes - all 2. HRC Appointments a. Manager McGuire presented the staff report. b. The applicants, Mr. James Garrett and Mr. Gordon Heininger appeared before the Council. c. Councilmember Rossbach moved to appoint James Garrett and Gordon Heininger to the Human Relations Commission. Seconded by Councilmember Zappa Ayes - all E. CONSENT AGENDA Councilmember Zappa moved seconded by Councilmember Rossbach: Aves - all, to approve the Consent Agenda items E-1 thru E-12 as recommended. (Item E-13 moved to I-51. 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 601,183.03 Checks #11564 - #11608 Dated 01-02-91 thru 01-09-91 $ 173.924.98 Checks #13713 - #13838 Dated 01-28-91 $ 775,108.01 Total per attached voucher/check register PAYROLL: $ 191,135.88 Payroll Checks dated 01-18-91 S 37.716.32 Payroll Deductions - $ 228,852.20 Total Payroll .$1,003,960.21 GRAND TOTAL 2. Project 89-12, White Bear, Larpenteur to Frost - Budget Adjustment Authorized a budget adjustment of $9,000 to cover additional costs associated with design and public hearing phases of this project. 3 1-28-91 3. Project 89-03, Roselawn, Arcade to I-35E - Budget Adjustment Authorized a budget adjustment of $3,630 to pay the consulting engineer and to close out this project. 4. Project 88-11, Ariel, County Road B to Cope - Budget Adjustment Authorized a budget adjustment in the amount of $140 to cover Finance Department charges for this project. 5. Project 85-26, Cope Avenue, Hazel to Ariel - Budget Adjustment Authorized a budget adjustment in the amount of $650 to cover the 1989 audit costs allocated to this project. 6. Project 84-14, Walter Street Improvements - Budget Adjustment Authorized a budget adjustment in the amount of $570 to cover administrative fees charged to date to this project. 7. Project 86-25, County Road C, White Bear to McKnight - Budget Adjustment _ Authorized a budget adjustment of $555 to cover additional costs and close out this completed project. 8. Conditional Use Permit Renewal: 2080 Woodlynn Ave. (Salvation Army Church) Renewed the Conditional Use Permit for the Salvation Army Church at 2080 Woodlynn Avenue for one year, subject to the original conditions of approval. 9. Conditional Use Permit Renewal: 1779 McMenemy Street (MnDOT) Renewed the Conditional Use Permit for MnDOT at 1779 McMenemy Street, subject to the original conditions of approval, for an indefinite time period. 10. Budget Transfer: Telex Batteries Approved a transfer of $1,980.00 from the Contingency Account to Miscellaneous Repair and Maintenance - Equipment, to purchase anew set of batteries for backup power for the City Hall telephone system. 11. Contingency Budget Request: Community Clean Up and Planting Program Authorized a budget transfer in the amount of $225 from the Contingency Fund to the Parks & Recreation Department to purchase 500 pine seedlings for the "Community Clean-Up and Planting" program on April 27. 12. Park and Recreation Commission Annual Activity Plan Accepted the 1991 Activity Plan of the Park and Recreation Commission. 13. Change of Manager: Applebee's Moved to I-5 4 1-28-91 F. PUBLIC HEARINGS i. 7:00 p.m., 1915 Manton Street (MacFarlane) Special .Exception Home Occupation License a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics. c. Commissioner Gary Gerke presented the Planning Commission report. d. Mayor Bastian explained the procedures of a public hearing and opened the public hearing, calling for proponents or opponents. The following persons were heard: Mr. Melvin MacFarlane, 1915 Manton Street, the applicant e. Mayor Bastian closed the public hearing. f. Councilmember Zappa moved to approve the following recommendation: 1. End the special exception permit approved in 1981 2. Approve a home occupation license for Melvin MacFarlane to _ operate an ice plant at 1915 Manton Street for seven years. At that time, Mr. MacFarlane shall end the business. This approval is subject to Mr. MacFarlane: a. Limiting the ice delivery vehicle to one pickup truck and one trailer for ice storage. He may use one additional pickup truck for a backup b. No enlarging or adding to the existing ice-making equipment. c. Limiting hours of operation from 8:30 a.m. to 8:30 p.m. d. Being the only employee. e. Not allowing any signs advertising the business. f. Having afire extinguisher on the premises. Seconded by Councilmember Carlson Ayes - all 2. 7:10 p.m., Ariel Street, North of 11th Avenue Land Use Plan Change Zoning Change a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report. 5 1-28-91 c. Commissioner Gerke presented the Planning Commission report. d. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Gary Tankenoff, Hillcrest Development Louis Kamrath, 2499 Ariel Street e. Mayor Bastian closed the public hearing. f. Councilmember Zappa moved to approve the staff recommendation Seconded by Councilmember Carlson g. Councilmember Juker moved to table until Land Use Plan is undated Seconded by Councilmember Rossbach Ayes - Mayor Bastian, Councilmembers Juker, Rossbach Nays - Councilmembers Carlson, Zappa 3. 7:30 p.m., Street Vacation: Sandhurst Ave., East of VanDyke St. a. Manager McGuire presented the staff report. b. Director of Community Development Director Olson presented the specifics of the report. c. Commissioner Gerke presented the Planning Commission report. d. Mayor Bastian opened the public hearing, calling for proponents or opponents.; The following persons were heard: - Connie Launderville, 2194 VanDyke, the applicant Cathy Ward, 1861 E. County Road B, against vacation e. Mayor Bastian closed the public hearing. f. Councilmember Zappa moved to take no action based on findings that there is public interest in a road. Seconded by Councilmember Rossbach Ayes - all 4. 7:40 p.m., 2194 VanDyke Street (Launderville) Conditional Use Permit Home Occupation License a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report c. Commissioner Gerke presented the Planning Commission report. 6 1-28-91 d. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Connie Launderville, 2194 VanDyke Ray Hardewick, 2182 VanDyke (in favor) Mrs. Steward, 2210 VanDyke (in favor) Manfred Riecherts, 2172 VanDyke (against) Ron Launderville, 2194 VanDyke Cathy Ward, 1861 E. Co. Rd. B (against) e. Mayor Bastian closed the public hearing. f. Councilmember Zappa moved to denv the Conditional Use Permit. Motion died for lack of second g. Councilmember Rossbach introduced the followin4 Resolution and moved its adoation. 91 - 01 - 15 CONDITIONAL USE PERMIT WHEREAS, Ronald Launderville applied for a conditional use permit to store or park two (2) heavy commercial vehicles in an R1 (single-dwelling residential) zoning district. WHEREAS, this permit applies to 2194 VanDyke Street. The legal description is: The west 360 feet of Lot 2, Block 9, Smith and Taylor's Addition to North St. Paul (Pin 11-29-22-33-0046). WHEREAS, the history of this conditional use permit is as follows: 1. The Planning Commission discussed this application on January 7, 1991. They recommended that the City Council approve said permit. 2. The City Council held a public hearing on January 28, 1991. City staff published 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. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described conditional use permit for the following reasons: 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. 7 1-28-91 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. The City Council shall review this permit one year from the date of approval. This permit shall end on November 1, 1992. 2. One truck must be removed by November 1, 1991. The other truck must be removed by November 1, 1992. 3. The use of the tow trucks at the property between 10:00 p.m. and 7:00 a.m. is prohibited. 4. The applicant shall have a City-approved garage completed on the property within six months of the City Council approval of this CUP. After constructing the garage, the applicant shall use it to store the tow trucks when they are on the property. Mr. Launderville shall remove the storage shed within one (1] month of the garage completion. Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers Carlson, Juker, Rossbach Nays - Councilmember Zappa h. Councilmember Rossbach moved to approve the Home Occupation License for Ronald Launderville at 2194 VanDvke Street sub.iect to the following conditions: 1. Towed vehicles shall not be stored on this site. 2. The outdoor storage of junked vehicles and vehicle parts on the property is prohibited. 8 1-28-91 3. The storage and repair of vehicles other than the applicant's is prohibited. 4. The parking of vehicles on VanDyke Street overnight is prohibited. 5. The parking and storage of vehicles on the Sandhurst Avenue right-of-way is prohibited, unless the property owner signs a hold-harmless agreement prepared by the City. 6. Compliance with all conditions of the conditional use permit and the City's home occupation ordinance. 7. The City Council shall review this license in one year. The license shall end on November 1, 1992. Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers Carlson, Juker, Rossbach Nays - Councilmember Zappa G. AWARD OF BIDS None Councilmember Rossbach moved to waive the Rules of Procedure and discuss item I-5 at this time. Seconded by Councilmember Zappa Ayes - all ..cW BUSINESS: 5. Change of Manager: Applebee's a. Manager McGuire presented the staff report b. The applicant, Thomas B. Athman, introduced himself to the Council to answer any questions. c. Councilmember Zappa moved to aoorove the request of Applebee's 3001 White Bear Avenue. to have the liquor license be in the name of Thomas B Athman Seconded by Councilmember Carlson Ayes - all H. UNFINISHED BUSINESS 1. Code Change: Approval of Plans (2nd Reading) a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics of the report. c. Councilmember Rossbach introduced the following Ordinance and moved its approval• Ordinance No. 681 AN ORDINANCE CONCERNING APPROVAL OF CONSTRUCTION PROJECTS The Maplewood City Council hereby ordains: 9 1-28-91 Section 1. Section 25-65 is amended as follows: Section 25-65. Approval of plans. (a) The Director of Community Development shall review all plans for minor construction projects. The City Council shall define minor construction by dollar valuations set by resolution from time to time. Before approving the plans, the Director must determine that the plans meet all City ordinances and policies, including the design standards in Section 25-70 (b). The Director may send any minor construction to the Community Design Review Board. (b) Anyone may appeal the Director's decision to the Community Design Review Board within fifteen (15) days after the Director's decision. The Board's decision shall be final, unless someone appeals it to the City Council within fifteen (15] days after the Board's decision. (c) The Community Design Review Board shall review all other plans. The Board's decision shall be final, unless someone appeals it to the City Council within fifteen (15) days after the Board's decision. However, no person shall revise a plan that the City Council originally approved without their approval. (d) This section shall not apply to interior construction, repair, maintenance, underground tanks or the same-style replacement of building parts, such as a new roof, door or windows. Section 2. This ordinance shall take effect upon its passage and publication. Seconded by Councilmember Zappa Ayes - all I. NEW BUSINESS 1. Project 86-07, Upper Afton Road - Schedule Assessment Hearing a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report c. Councilmember Zappa introduced the following Resolutions and moved their adoption: 91-01-16 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, construction is essentially complete for the improvement of Upper Afton Road, McKnight Road to Century Avenue, City Project 86-07. 10 1-28-9I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, _ as provided by law, and they shall file a copy of such proposed assessment in the City office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment, notify the Council thereof. 91-01-17 ORDERING ASSESSMENT ROLL HEARING . WHEREAS, the Clerk and the Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Upper Afton Road, McKnight Road to Century, City Project 86-07, and the said assessment is on file in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 25th day of February, 1991, at the City Hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the Clerk and that written or oral objections will be considered. Seconded by Councilmember Rossbach Ayes - all 2. Municipal State Aid Designation Changes a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Councilmember Zappa introduced the following Resolutions and moved their approval: 11 1-28-91 Resolution 90 - 1 - 18 REVOKING MUNICIPAL STATE AID STREET WHEREAS, it appears to the City Council of the City of Maplewood that the road hereinafter described should be revoked as a Municipal State Aid Street under the provisions of Minnesota Laws; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood that the road described as follows, to-wit: That portion of Cope Avenue (MBAs 138-115) from White Bear Avenue (CSAH 65) to Ariel Street. Revocation of MSA designation of the extension of Cope Avenue east of Ariel Street is to be made by the City of North St. Paul. be, and hereby is, revoked as a Municipal State Aid Street of said City, subject to the approval of the Commissioner of Highways of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Highways for his consideration. Resolution 91 - 1 - 19 ESTABLISHING MUNICIPAL STATE AID STREET WHEREAS, it appears to the City Council of the City of Maplewood that the street hereinafter described should be designated a Municipal State Aid Street under the provisions of Minnesota Laws of 1967 Chapter 162: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood that the road described as follows, to-wit: Eleventh Avenue from White Bear Avenue (CSAH 65) to City border at Ariel Street. Municipal State Aid Street designation of the extension of Eleventh Avenue from Ariel Street to McKnight Road (CSAH 68) is to be made by City of North St. Paul. be, and hereby is, established, located, and designated a Municipal State Aid Street of said City, subject to the approval of the Commissioner of Highways of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Highways for his consideration, and that upon his approval of the designation of said road or portion thereof, that same be constructed, improved and maintained as a Municipal State Aid Street of the City of Maplewood, to be numbered and known as Municipal State Aid Street 122. 12 1-28-91 Resolution 91 - O1 - 20 ESTABLISHING MUNICIPAL STATE AID STREET WHEREAS, it appears to the City Council of the City of Maplewood that the street hereinafter described should be designated a Municipal State Aid Street under the provisions of Minnesota Laws of 1967 Chapter 162: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood that the road described as follows, to-wit: Ariel Street from County Road C (CSAH 23) to Eleventh Avenue (proposed to be designated as MSAS 138-122). This route is a border street and is to be jointly designated with the City of North St. Paul. be, and hereby is, established, located, and designated a Municipal State Aid Street of said City, subject to the approval of the Commissioner of Highways of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Highways for his consideration, and that upon his approval. of the designation of said road or portion thereof, that same be constructed, improved and maintained as a Municipal State Aid Street of the City of Maplewood, to be numbered and known as Municipal State Aid Street 123. Seconded by Mayor Bastian Ayes - all 3. Fulk Purchase Agreement a. Manager McGuire presented the staff report. b. Councilmember Rossbach moved to table to February 11. 1991. Seconded by Councilmember Carlson Ayes - all 4. County/City 1991 Recycling Grant Agreement a. Manager McGuire presented the staff report. b. Councilmember Zappa moved to approve the Aoreement as oresented. Seconded by Councilmember Carlson Ayes - all J. VISITOR PRESENTATIONS None 13 1-28-91 K. COUNCIL PRESENTATIONS i. Mayor's Update. - Mayor Bastian presented a list of upcoming meetings and provided information from the Mayor's Forum. L. ADMINISTRATIVE PRESENTATIONS - None M. ADJOURNMENT OF MEETING The meeting was adjourned at 9:57 p.m. Lucille E. Aurelius City Clerk 14 1-28-91