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HomeMy WebLinkAbout04-25-1994 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, April 25, 1994 Council Chambers, Municipal Building Meeting No. 94-09 '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 7:02 P.M. by Mayor Bastian. B. PLEDGE OF ALLEGIANCE 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 Council/Manager Meeting of April 4, 1994 Councilmember Rossbach moved to aoorove the minutes of Council/Manager Meetino of April 4. 1994 as Dresented. Seconded by Councilmember Carlson Ayes - all 2. Minutes of Meeting 94-08'(April 11, 1994) Councilmember Carlson moved to aporove the minutes of Meetino No. 94-OB fAoril 11. 1994) as Dresented. Seconded by Councilmember Allenspach Ayes- all E. APPROVAL OF AGENDA: Mayor Bastian moved to aoorove the Agenda as amended'. L1 Joint Meetings - Commissions L2 Sidewalk Review L3 Arbor Day L4 Maplewood Heights Lights Seconded by Councilmember Carlson Ayes - all EA. APPOINTMENTS/PRESENTATIONS 1, Proclamation: Amy Peterson a. Manager McGuire presented the staff report'.- 1 4-25-94 b. Mayor Bastian introduced the following Proclamation and moved its adoption: PROCLAMATION April 25, 1994 WHEREAS, Miss Amy Peterson is a member of the 1994 Olympic Speed Skating Team; and WHEREAS, Miss Amy Peterson won two bronze medals in Lillehammer, Norway- - -one in the Olympic Women's 500 Meter Short-Track with a time of :46:76 and one in the 3000-Meter Relay; and WHEREAS, Miss Amy Peterson has three career Olympic Medals, including 1992 Albertville silver medal; and WHEREAS, Miss Amy Peterson's medals are the result of years of ardent training and practice; and WHEREAS, the City of Maplewood is proud of her efforts, and believes that her victory is an inspiration to everyone; NOW, THEREFORE, BE IT RESOLVED, that I, Gary W. Bastian, Mayor of the - city of Maplewood, on behalf of the city Council and all residents within = the City, do hereby congratulate Miss Amy Peterson for her spectacular achievement. AND, BE IT RESOLVED, that April 25th be proclaimed Amy Peterson Day, and that copies of this proclamation be transmitted to Miss Amy Peterson as evidence of our pride and esteem. IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of April in the year of our Lord, one thousand nine hundred and ninety-fouro Seconded by Councilmember Carlson Ayes - all 2. Human Relations Commission 1993 Annual Report a. Manager McGuire presented the staff report.. b. Marie Koehler of the Human Relations Commission presented the 1993 Annual Report. c. Councilmember Rossbach moved to accept with appreciation the 1993 Annual Report of the Maplewood Human Relations Commission. Seconded by Councilmember Koppen Ayes - all 3. Proclamation: League of Women Yoters a. Manager McGuire presented the staff report, b. Mayor Bastian introduced the following Proclamation and. moved its adoption: 2 4-25-94 PROCLAMATION ON THE 35TH/40TH ANNIVERSARY OF THE LEAGUE OF WOMEN VOTERS OF ROSEVILLE, MAPLEWOOD AND FALCON HEIGHTS - April 25, 1994 WHEREAS, the League of Women Voters of Maplewood was founded in 1959 and is now celebrating its 35th anniversary as part of the merged League of Women Voters of Roseville, Maplewood and Falcon Heights which is now celebrating its 40th anniversary; and WHEREAS, the League has worked to promote a well-informed citizenry through the preparation of community government booklets and studies of - community development issues for the Village and City; and WHEREAS, the League has facilitated citizen participation in local government by conducting nonpartisan candidate forums, voter registration programs and encouraging informed voting; and WHEREAS, the League strives to provide an ongoing forum for constructive - discussion of ideas in the City of Maplewood. NOW, THEREFORE, BE IT RESOLVED, that I, Gary W. Bastian, Mayor of the City of Maplewood, on behalf of the'City Council and all citizens of Maplewood, recognize the contributions of the League of Women Voters of Roseville, Maplewood and Falcon Heights to this community on the occasion of its anniversary celebration. IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of April in the year of our Lord one thousand nine hundred and ninety-four. Seconded by Councilmember Koppen Ayes - all F. CONSENT AGENDA: Mayor Bastian moved. seconded by Councilmember Carlson: aver - all, to approve the consent agenda items f-1 thru F-13 as recommended. 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 486,567.94 Checks #2304 - #2367 Dated 4-01-94 thru 4-13-94 $ 825.504.06 Checks #13288 - #13391 Dated 4-25-94 $1,312,072.00 Total per attached voucher/check register PAYROLL: $ 216,192.86 Payroll Checks #39964 thru #40154 Dated 4-08-94 $ 48.506.50 Payroll Deduction Checks #40159 thru #40177 dated 4-08-94 $ 264,699.36 Total Payroll $1.576.771.36 GRAND TOTAL 3 4-25-94 2. 1994 Budget for Community Center Construction Fund Authorized an increase of $515,730 in the 1994 Budget for the Community = Center construction project, raising the 1994 total from $6,to $6,831,730. 3. 1994 Budget for Open Space Land Acquisition Fund Approved the following 1994 Budget for the Open Space Land Acquisition Fund: $4,935,000 Bond Sale Proceeds 907,270 Land Purchases 27,730 Bond Issuance Costs 4. 1994 Budget for Street Construction State Aid Fund Approved an increase of $6,775 in the budget for the Street Construction State Aid Fund to finance the final bill from North St. Paul for resurfacing 11th Avenue. 5. Disposal of Old Financial Records Adopted the following Resolution authorizing disposal of old financial records: 94-04-42 RESOLUTION - DESTRUCTION OF RECORDS WHEREAS, M.S.A. 138.17 governs the destruction of city records; and WHEREAS, a list of records has been presented to the Council with a request in writing that destruction be approved by the Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA; 1. That the finance Director is hereby directed to apply to the Minnesota State Historical society for an order authorizing destruction of the records as described in the attached list. 2. That upon approval by the State of the attached application, the Finance Director is hereby authorized and directed to destroy the records listed. 6. Time Extension: Goff's Mapleview Fifth Addition Approved a one-year time extension for Goff's Mapleview Fifth Addition preliminary plat. This time extension shall be subject to the April 26, 1993 conditions for the Mapleview Fourth Addition preliminary plat. 7. CUP Termination & Home Occupation License: 2405 Carver Ave. (Grand) Terminated the Conditional Use Permit fora home beauty shop operated by Charlene Grand at 2405 Carver Avenue, and replaced it with a home occupation license subject to the following conditions: 1. Ms. Grand shall meet the City's requirements for home occupations. 2. Ms. Grand must renew her license each January with the City Clerk. 3. This license shall end when the business ends. 4 4-25-94 8. Donation to Nature Center Accepted a donation of 3200.00 from the Maplewood Garden Club to be used for, a bulletin board and blooming calendar for the Nature Center lobby; and authorized placing the funds in Account 101-604-000-4120 for purchase of those items. 9. Community Center Positions Approved the establishment and filling of the following new positions to staff the Community Center and directed staff to negotiate wages for Council approval at a later date: # NEW POSITIONS Secretary 1 FT Recreation Program Coordinator : FT Program Assistant i Existing + 1 PT Aquatics Assistant 1 PT Water Safety Instructor 15 - 20 PT <14 hrs. Lifeguard 25 - 35 PT <14 hrs. Child Care Coordinator i PT Child Care Provider 6 - 8 PT <14 hrs.. Customer Service Coordinator 1 FT Customer Service Representative 7 - 9 PT Customer Service Assistant 20 - 25 PT <14 hrs. Building Maintenance Supervisor 1 FT Building Maintenance Worker-3 Existing + 1 - 2 FT Building Custodian 2 PT Building Attendant 10 - 15 PT <14 hrs. 10. State Aid Designation - TH 61 and TH 36 Frontage Roads (Project 93-02) Adopted the following Resolutions designating TH 61 and TH 36 frontage road segments as state aid streets: 94-04-43 RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAYS WHEREAS, it appears to the City Council of the City of Maplewood that the street hereinafter described should be designated Municipal State Aid Street under the provisions of Minnesota law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood that the road described as follows, to-wit: TH 36 Frontage Road from Atlantic Street to County Road B be, and hereby is established, located, and designated a Municipal State Aid Street of said City, subject to the approval of the Commissioner of Transportation for 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 Transportation for his consideration, and that upon his approval of the designation of said road or portion thereof, the 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 138-125-010. 5 4-25-94 94-04-44 RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAYS WHEREAS, it appears to the City Council of the City of Maplewood that the street hereinafter described should be designated Municipal Stag Aid Street under the provisions of Minnesota law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood that the road described as follows, to-wit: TH 61 Frontage Road from County Road C north 1,850 feet be, and hereby is established, located, and designated a Municipal State Aid Street of said City, subject to the approval of the Commissioner of Transportation for 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 Transportation for his consideration, and that upon his approval of the designation of said road or portion thereof, the 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 138-126-010. 11. Budget Transfer to Close Project 90-11 Authorized closing of Project 90-11 (Condor-East Storm Sewer) and transfer of approximately $300 from the general fund to finance the project-to-date expenditures. 12. Agreement With The Trust For Public Land Approved the agreement with The Trust For Public Land and directed the Mayor and City Manager to execute the document on behalf of the City. 13. Sewer Charges - 2442 Keller Parkway Adopted the following Resolution authorizing placement of sewer installation charges on property taxes for 2442 Keller Parkway: 94-04-45 CERTIFYING SEWER INSTALLATION COSTS TO PROPERTY TAXES WHEREAS, pursuant to MN Statutes §444.075 and Maplewood Code of Ordinances Section 35-23, the City of Maplewood has authority to charge for connections to sanitary sewer services and has the authority to allow installment payments for such connection charges; and WHEREAS, Diane M. Lorenz, who resides at 2442 Keller Parkway, Maplewood, has requested to connect to the sanitary sewer; and WHEREAS, connection to the sanitary sewer is necessary; and WHEREAS, Diane M. Lorenz has represented to the City of Maplewood that there is financial hardship and is unable to pay for the installation costs and the Sewer Access Charge. 6 4-25-94 NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL, that: The City Clerk shall certify to the Ramsey County Auditor the amount of $4,220.00 to cover the cost of installation ($3,423.00) and Sewer Access Charge ($800.00); and also shall forward to the Ramsey County Auditor the Property Identification Number and Legal Description of Diane M. Lorenz's property, which is: P.I.N. 09-29-22-23-0016-4 SECTION 9 TOWN 29 RANGE 22 BEG ON E L OF KELLER PKWY AND 498 92/100 FT DUE N FROM S L OF NW 1/4 THE NLY ON SD ST 104 67/100 FT FOR BEG TH CONTINUE NLY ON SD E L 104 67/100 FT TH E 417 FT TH SLY PAR WITH SD E L 104 67/100 FT TH W TO BEG PART OF W 1/2 OF NW 1/4 OF /SUBJ TO ESMTS/ Such charges shall be collected in three installments with eight percept interest with the property taxes beginning in 1995 and each subsequent year until paid in full. G. PUBLIC HEARINGS 1. 7:00 P.M. (7:18 P.M.): Conditional Use Permit: Amusement City a. Mayor Bastian convened the meeting for a public hearing regarding a request from Donald Betts to have a golf driving range at Amusement City, 1870 Rice Street. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the report. d. Commissioner Lorraine Fischer presented the Planning Commission/Community Design Review Board report. e. Boardmember Anitzberger presented the Community Design Review Board Report. f. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following was heard: Donald Betts, representing Amusement City., g. Mayor Bastian closed the public hearing. Conditional Use Permit h. Councilmember Carlson introduced the following Resolution and moved its adootion• 94-04-46 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Donald Betts applied for a conditional use permit to enlarge his amusement center for a golf driving range, WHEREAS, this permit applies to 1870 Rice Street North. The legal description is: 7 4-25-94 EISENMENGER AND ZASPEL'S LAKE PARK, RAMSEY CO., MINN., SUBJECT TO ST AND AVE AND VAC STS AND ALLEYS ACCRUING, THE FOL A TRACT LYING NWLY OF S00 LINE RY R/W OF THE FOL; LOTS 4 THRU 10 BLK 1, LOT 7 BLK 2, LOTS 5 THRU 32 BLK 4, LOTS 12 THRU 25 BLK 6 AND ALL OF BLK 3e AND EISENMENGER AND ZASPEL'S LAKE PARK, RAMSEY CD., MINN., SUBJECT TO HWY THE FOL VAC ALLEY ACCRUING AND LOTS 33 THRU LOT 39 BLK 4, AND EISENMENGER AND ZASPEL'S LAKE PARK, RAMSEY CO., MINN. VAC ST AND ALLEY ACCRUING AND LOTS 1 THRU 4 BLK 4. WHEREAS, the history of this conditional use permit is as follows: 1. On April 4, 1994, the Planning Commission recommended that the City Council approve this permit. 2. On April 25, 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, 8 4-25-94 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. Obtain amusement park and golf driving range licenses from the City. 2. All construction and use of the property shall follow the site plan approved by the City. .The Director of Community Development may approve minor changes. 3. The proposed construction must be substantially started or the proposed use utilized within one year of Council approval or the permit shall end. The Council may extend this deadline for one year. 4. Appropriate maintenance easements for existing sanitary sewers be established in writing. 5. Applicant agree to provide sufficient off-street parking to serve the needs of the operation. If the City Council determines that on-site parking is insufficient, the park operator shall provide additional parking. For the owner to meet this condition, he or she may have to replace the driving ` range or the existing uses with parking, 6. There shall be no inoperable vehicles or vehicles for sale on the site. 7. The operator shall allow. customers to use only low trajectory golf balls. 8. The City Council shall review this permit in one year. 9. The applicant/operator shall maintain poles and netting in good condition. Council reserves the right to bring the applicant/operator back to the City if problems are encountered with balls going onto public right-of-way. Seconded by Councilmember Koppen Ayes - all Design Review i. Councilmember Carlson moved to approve the clans stamped November 30. 1993 fora driving-range expansion to Amusement Citv at 1870 North Rice Street. based on the findings required by City Code and sub.iect to the owner of Amusement Citv doing the following: 1. Repeat this review in two years if the City has not issued a building permit for this project. 2. Complete the following before occupying the building or using the driving range: a) Stain the proposed driving range shelter gray to match the others buildings at the Center. b) Provide at least a fifteen-foot setback from the Roselawn Avenue right-of-way for the paved path, the tee-off pads and the lights/netting poles. 9 4-25-94 c) Install areflectorized stop sign at the Rice Street driveway. d) Stripe the parking lot with at least 94 parking spaces as shown on the approved plan. The applicant shall stripe four handicap parking stalls and install handicap-parking signs for each stall. There shall be at least one van-accessible space. (Americans with Disabilities Act requirement) e) Construct a trash dumpster enclosure for any outside trash dumpsters. The enclosures must match the building color. (Code requirement) f) Direct or shield the lights so the bulbs are not directly visible from any public street. (Code requirement) g) The netting shall be at least fifty feet high on the north and south sides of the driving range with taught steel cables to keep the nets up. 3. If any required work is not done, the City may allow temporary occupancy of the driving range shelter if: a) The City determines that the work is not essential to the public health, safety or welfare. b) The City receives a cash escrow or an irrevocable letter of credit for the required work. The amount shall be _ 150% of the cost of the unfinished work. c) The City receives an agreement that will allow the City to complete any unfinished work. Seconded by Councilmember Koppen Ayes - all 2. 7:20 P.M. (7:40 P.M.): Preliminary Plat Time Extension and Revisions: Amber Hi11s a. Mayor Bastian convened the meeting for a public hearing regarding a request from Bill Dolan, the representative of Gold Key Development, Inc., for a time extension for the Amber Hills (formerly Highwood Meadows) preliminary plat. b. Manager McGuire presented the staff report. c. Director of Community Development Olson presented the specifics of the report. d. Commissioner Fischer presented the Planning Commission report. e. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Bill Dolan, Consulting Engineer Dominic Ramicier, 865 Lakewood Drive South James Kayser,2516 Linwood Avenue E. Joe Crawford, 2433 Highwood f. Mayor Bastian closed the public hearing. g. Councilmember Rossbach moved to table this item for two weeks (to Mav 9. 1994) to allow the developer time to resolve some of the problems. Seconded by Councilmember Allenspach Ayes - Councilmembers Allenspach, Carlson, Koppen, Rossbach Nays - Mayor Bastian 10 4-25-94 H. AWARD OF BIDS NONE "I. UNFINISHED BUSINESS i. Maplewood Inn Assessments (8:45 P:M.) a. Manager McGuire presented the staff report. b. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following were heard: Mark Laughlin, Maplewood Inn, 1780 East County Road D Mark Fecht, 2608 Hazelwood, District Chief, Hazelwood Fire Station c. No action was taken on this item. 2. Community Center Fees a. Manager McGuire presented the staff report. b. Assistant City Manager Maglich presented the specifics of the report. c. Councilmember Carlson moved to approve the Community Center fee schedule as presented. Seconded by Councilmember Koppen Ayes - all 3. Moratorium on Clinics a. Manager McGuire presented the staff report. b. Councilmember Carlson moved to extend the moratorium on new or expanding clinics until September 12. 1994. Seconded by Councilmember Rossbach Ayes- all 4. Charitable Gambling Request - Public Relations a. Manager McGuire presented the staff report.. b. Councilmember Allenspach moved to approve the Parks & Recreation Department's request for $7.000 to Dublish an informational brochure, with the cost to be funded by the Charitable Gambling Fund. Seconded by Councilmember Rossbach Ayes - all J. NEW BUSINESS 1. Schedule Meeting to Review 1993 Annual Financial .Report a. Manager McGuire presented the staff report. b. Mayor Bastian moved to hold the meeting to review the 1993 Annual Financial Report on Mav 9. 1994 at 6:30 P.M. 11 4-25-94 Seconded by Councilmember Rossbach Ayes - all i 2. Gladstone Fire Department Contract a. Manager McGuire presented the staff report. b. Mayor Bastian asked if anyone wished to speak before the Council = regarding this matter.. The following were heard: Steve Lukin, Deputy Chief of Gladstone Fire Department Dick Peterson, Chief of Gladstone Fire Department c. Councilmember Koppen moved to approve the contract between the Citv of Maplewood and the Gladstone Fire Department as presented. Seconded by CouncilR:amber Rossbach Ayes - all K. VISITOR PRESENTATIONS 1. Kevin Berglund a. Mr. Berglund wished to thank the Council for their patience and the tremendous job they do, and commented on a 1993 Survey. b. Council directed staff to give a copy of the most recent staff report on the top open space location recommendations to Mr. Berglund. L. COUNCIL PRESENTATIONS 1. Joint Meetings a. Councilmember Carlson commented that Commission members had suggested that each Board and Commission be allotted a portion of a regular Council meeting to keep communications open. b. Council directed staff to prepare a schedule for the Boards and Commissions to meet with the Council. 2. Status on Sidewalks a. Councilmember Carlson asked about the status of the sidewalk report, b. This item will be placed on the agenda for the Council/Manager meetingo 3. Arbor Day a. Mayor Bastian stated the City had missed observing Arbor Day by about six days, and that as we progress with open space acquisition, plantings should be made and a plan prepared for reforestation on City property. b. Mayor Bastian moved to direct staff to prepare a plan for planting trees on City property, etc. Seconded by Councilmember Carlson Ayes - all 4. Maplewood Heights a. Mayor Bastian stated he had received a request for lights and no parking 12 4-25-94 zones at Maplewood Heights. b. Staff reported NSP has been requested to put in lights and they will provide the costs. Speed zones have been established since 1978. Cars proceeding west from the stop sign at Beam and Frederick pick up speed, and residents are concerned that children will be injured running between parked cars. c. Council directed staff .to review the situation there and report back. M. ADMINISTRATIVE PRESENTATIONS 1. Open Space Progress a. Manager McGuire stated there is nothing new to report since the April 11 meeting. N. ADJOURNMENT OF MEETING 10:94 P.M. LTj Lucille E. Aurelius City Clerk 13 4-25-94