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,
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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:
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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.
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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:
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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.
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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
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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
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