HomeMy WebLinkAbout09-26-1994 MINUTES OF MAPLEWOOD City Council
7:00 P.M., Monday, September 26, 1994
Council Chambers, Municipal Building
Meeting No. 94-19
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
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, September 8, 1994
Mayor Bastian moved to approve the minutes of Council/Manager meeting of
Seotember 8. 1994 as presented.
Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers
Allenspach, Carlson, Koppen
Nays - None
Abstain - Councilmember Rossbach
2. Minutes of Council/Manager Meeting, September 12, 1994..
Councilmember Rossbach moved to approve the minutes of Council/Manager
Meeting of September 12. 1994 as presented.
Seconded by Councilmember Carlson Ayes - all'
3. Minutes of Meeting 94-18, (September 12, 1994)
Councilmember Rossbach moved to approve the minutes of Meeting No. 94.18 (September
12 1994) as presented.
Seconded by Councilmember Allenspach Ayes - all
1 9-26-94
E. APPROVAL OF AGENDA:
Mayor Bastian moved to approve the Agenda as amendedc
L1 Mayor's Update
L2 Planning Commission Appointment
Seconded by Councilmember Carlson Ayes - all
- EA. APPOINTMENTS/PRESENTATIONS.
1. Proclamation: CITIES WEEK, September 25 - October 2
a. Manager McGuire presented the staff report.
b. Mayor Bastian introduced the following Proclamation and moved its
adoption:
PROCLAMATION
MINNESOTA CITIES WEEK
WHEREAS, Minnesota cities are where people live, raise a family, go to
work, and enjoy recreation; and
WHEREAS, Minnesota cities are a grass roots government system which
represents a close relationship between elected officials and citizens; and
WHEREAS, Minnesota cities are home to 85 percent of the people in
Minnesota; and
WHEREAS, Minnesota cities provide the basic services necessary to ensure
the health, safety, and well being of the people--services such as water,
streets, and police and fire protection; and
WHEREAS, Minnesota cities are essential to the protection and
development of our lakes, river, land, and air; and
WHEREAS, Minnesota City officials, City employees, and volunteers should
be praised and thanked for their efforts in providing for the economic
growth, safety, and vitality of our communities.
NOW, THEREFORE, the City of Maplewood proclaims September 25 - October
1 to be Minnesota Cities Week in Minnesota and urges citizens to take this
opportunity to learn more about City government and how they can become more
involved.
Seconded by Councilmember Carlson Ayes - all
2 9-26-94
F. CONSENT AGENDA:
Mayor Bastian moved. seconded by Councilmember Koppen: ayes - all. to
approve the Consent Agenda items Fi thru F9 as recommended.
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 556,098.01 Checks #3064 - #3116
Dated 9-01-94 thru 9-14-94
$ 925,850.59 Checks #14869 - #14988
Dated 9-26-94
$1,481,948.60 Total Accounts Payable
PAYROLL: $ 236,598.59 Payroll Checks #42440 thru #42614
Dated 9-09-94
$ 48.630.96 Payroll Deduction Checks #42619 thru
#42637 dated 9-09-94
$ 285,229.55 Total Payroll
$1 767.178.15 GRAND TOTAL
2. Third Quarter Payments - 1994 Contracts with Parkside and East County Line Fire
Departments
Authorized third quarter payments to Parkside and East County Line Fire
Departments, based upon the amounts in the 1992 contracts since the 1993 and
1994 contracts have not been signed.
3. Write Off Uncollectible False Alarm Charges
Authorized writing off $950 in delinquent false alarm charges as
uncollectible.
4. Mounds Park Academy
Tabled until November 14, 1994 the Conditional Use Permit review for Mounds
Park Academy, awaiting resolution of the lighting and fencing problems.
5. Conditional Use Permit Review: 743 N. Century Avenue (Holiday Express Station)
Reviewed and approved until November 14, 1994 the Conditional Use Permit for
the Holiday Express Station at 743 North Century Avenue.
6. Preliminary Plat Time Extension: Canada Woods East
Approved a one-year time extension for the Canada Woods East preliminary
plat, subject to the September 27, 1994 conditions.
3 9-26-94
7. Preliminary Plat Time Extension: Beth Heights Addition
Approved a one-year time extension for the Beth Heights Addition preliminary
plat, subject to the September 27, 1993 conditions of approval.
8. Approve Job Description for Maplewood Parks & Recreation Commissioners
Adopted the job description approved by the Park and Recreation Commission
for the Park and Recreation Commissioners.
9. House Demolition and Assessment - 1832 Gervais Court
Accepted the low bid from Frattalone of $4,950 for demolition of the house
at 1832 Gervais Court, and approved and assess the cost to the property
owner, as authorized in the court order.
G. PUBLIC HEARINGS
1. 7:00 P.M. (7:25 P.M.): Project 89-04, County Road C Street and Utility Improvements
Assessment Hearing
a. Mayor Bastian convened the meeting for a public hearing regarding the
assessment roll for Project 89.04.
b. Manager McGuire presented the staff report.
c. City Attorney Kelly explained the procedure for public hearings.
d. Director of Public Works Haider presented the specifics of the report.
e. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following persons were heard:
Randy Dotson, 1356 E. County Road C "Sidewalks disgraceful"
Philip Oswald, 2676 English
Written appeal -from James and Linda Scott
George Rossbach, 1406 E. County Road C
f. Mayor Bastian closed the public hearing.
g. Councilmember Carlson introduced the following Resolution and moved its
adoption:
94 - 09 - 110
ADOPTION OF THE ASSESSMENT ROLL - PROJECT 89.04
WHEREAS, pursuant to proper notice duly given as required by law, the
City Council has met and heard and passed on all objections to the proposed
assessment for the construction of County Road C Street and Utility
Improvements as described in the files of the City Clerk as Project 89-04,
and has amended such proposed assessment as it deems just,
NOW, THEREFORE, BE IT RESOLVED BY THE City Council OF MAPLEWOOD,
MINNESOTA:
4 9-26-94
1. Such proposed assessment, as amended, a copy of which is attached
hereto and made a part hereof, is hereby accepted and shall
constitute the special assessment against the lands named therein,
and each tract of land therein included is hereby found to be
- benefited by the proposed improvement in the amount of the
assessment levied against it.
2. Such assessment shall be payable in equal annual installments
extending over a period of 13 years the first of the installments
to be payable on or after the first Monday in January, 1995 and
shall bear interest at the rate of 9.0 percent per annum from the
date of the adoption of this assessment resolution. To the first
installment shall be added interest on the entire assessment from
the date of this resolution until December 31, 1994. To each
subsequent installment when due shall be added interest for one year
on all unpaid installments.
3. It is hereby declared to be the intention of the Council to
reimburse itself in the future for the portion of the cost of this
improvement paid for from municipal funds by levying additional
assessments, on notice and hearing as provided for the assessments
herein made, upon any properties abutting on the improvement but not
made, upon any properties abutting on the improvement but not herein
_ assessed for the improvement, when changed conditions relating to
such properties make such assessment feasible.
4. To the extent that this improvement benefits nonabutting properties
which may be served by the improvement when one or more later
extensions or improvements are made, but which are not herein
assessed, therefore, it is hereby declared to be the intention of
the Council, as authorized by Minnesota Statutes Section 420.051, to
reimburse the City by adding any portion of the cost so paid to the
assessments levied for any of such later extension or improvements.
5. The Clerk shall forthwith transmit a certified duplicate of this
assessment to the County Auditor to be extended on the property tax
lists of the County, and such assessments shall be collected and
paid over in the same manner as other municipal taxes.
Seconded by Councilmember Koppen Ayes - Mayor Bastian, Councilmembers
Allenspach, Carlson, Koppen
Nays - None
Abstain - Councilmember Rossbach
h. Appeals will be heard October 10, 1994.
2. 7:15 P.M. (7:43 P.M.): Project 93-08, Sterling Street/Schaller Drive Street and
Utility Improvements - Assessment Hearing
a. Mayor Bastian convened the meeting for a public hearing regarding the
assessment roll for Project 93-08.
b. Manager McGuire presented the staff report.
c. City Attorney Kelly explained the procedure for the hearing.
d. Director of Public Works Haider presented the specifics of the report.
5 9-26-94
e. Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following persons were heard:
Bill Dolon, representing Amber Hills Development, requested
Council cancel the hearing and rebid.
James Kayser, 2516 Linwood (13.28.22-12-0009)
Written appeal from Arnie Esterbrook and James Kayser
Charles Nixon, attorney representing developers of Amber Hills
Mel Buford, 2611 Schaller Drive (written Appeal)
f. Mayor Bastian closed the public hearing.
g. Councilmember Rossbach moved to cancel the assessment roll and rebid the
pro.iect .
Seconded by Councilmember Carlson Ayes - aTl
H. AWARD OF BIDS
1. Backhoe Replacement
a. Manager McGuire presented the staff report.
b. Councilmember Koppen introduced the following Resolution and moved its
adoption:
94 - 09 - 111
RESOLUTION FOR AWARD OF BIDS
BE IT RESOLVED BY THE City Council OF MAPLEWOOD, MINNESOTA, that the bid
of Ziegler, Inc. in the amount of $101,738 minus 89,000 for trade-in, for a
net bid of 892,738 is the lowest responsible bid for supplying a rubber-
tired backhoe to the City of Maplewood. The Mayor and Clerk are hereby
authorized and directed to enter into a contract with said bidder for and on
behalf of the City.
Seconded by Councilmember Carlson Ayes - all
I. UNFINISHED BUSINESS
1. Phalen Lake Townhomes Preliminary Plat (7:00 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 was heard:
Jeff Schoenwetter agreed to the extension. The agreement is
at his attorney's office.
6 9-26-94
c. Mayor Bastian moved to approve the preliminary plat received by the Citv
on July 19. 1994. and the developer must complete the following
conditions before the Citv Council approves the final plat:
1.* Have the City Engineer approve final construction and
Engineering plans. These plans shall include: grading, utility,
environmental, erosion control, tree, easement, trail, driveway
and street plans. These plans shall meet the following
conditions:
a. The erosion control plan shall be consistent with the
Ramsey Soil and Water Conservation District's Erosion
and Sediment Control Handbook.
b. The grading plan shall include proposed building pad
elevations and contour information for each home site.
c. The street and driveway plans shall show concrete curb
and gutter, except the driveways for the individual
garages.
d. The tree plan shall show where the developer will remove
_ or save large trees. The City Engineer must approve
this plan before grading begins or before the City
approves the final plat. The developer shall show any
replacement trees on the landscaping plan required for
the Community Design Review Board.
e. Environmental remedial plan shall be approved by City
staff as designated authority before construction begins
and/or final plat approval.
2. The City Engineer may require grading on Phase II with Phase I
if Phase II grading is needed for Phase I.
3. Sign an agreement with the City that guarantees that the
developer or contractor will:
a. Complete all work that is on the approved plans or
required by the City.
b.* Place temporary orange snow fencing and signs at the
grading limits.
c. Have NSP install street lights in two locations. These
lights shall be on the corner of Frost Avenue and Duluth
Street and on the corner of English Street and Summer
Avenue. The exact location and type of lights shall be
subject to the City Engineer's approval.
d. Construct an eight-foot-wide .paved trail from the
existing commercial corner to Gloster Park and Frisbie
Avenue. The developer shall extend the trail on the
site plan to Frisbie Avenue over the east one-half of
the Frank Street right-of-way. The developer shall
build this trail with the Phase I streets and driveways.
This trail shall be subject to the approval of the
Director of Parks and Recreation and the City Engineer.
7 9-26-94
e. Pay the City for the cost of traffic-control and street
identification signs.
f. Install "No Parking" signs as follows:
a) On one side of streets that are 28-foot-wide
b) On both sides of streets that are less than 28
feet wide
g. Remove any junk, debris or tires from the site.
h.* Provide all easements required by the City.
4. Submit a revised preliminary plat for the approval of the
Director of Community Development. The revised plat shall show
the following changes:
a. Label the north/south street Duluth Street and the
east/west street Summer Avenue.
b. Show all lot and block numbers.
c. Show Frank Street as vacated.
5. Show the following on the final plat:
a. Atwenty-foot-wide walkway for the trail between the
existing commercial corner to Gloster Park and Frisbie
Avenue. The City Engineer shall approve the exact
location of the walkway.
b. The existing storm water drainage easement on the west
side of the site.
6. Submit home owners' association documents for the Director of
Community Development's approval. These documents shall show
how the association will maintain the common land.
If the developer decides to final plat part of the preliminary plat,
the City may waive any conditions that do not apply to the final
- plat.
- * The developer must complete these conditions before the
City issues a grading permit or approves the final plat.
Seconded by Councilmember Carlson Ayes - all
2. Commercial Setback Ordinance (2nd Reading - 4 Votes Required)
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson presented the specifics of the
report.
8 9-26-94
c. Councilmember Rossbach introduced the following Ordinance and moved its
adoption:
ORDINANCE N0. 724
AN ORDINANCE CHANGING THE SETBACK REQUIREMENT BETWEEN A COMMERCIAL USE AND
A RESIDENCE PLANNED FOR COMMERCIAL USE
The Maplewood City Council approves the following changes to the Maplewood
Code of Ordinances:
SECTION 1. This section changes Section 36-6 as follows:
Section 36-6. Definitions.
Residential lot line: The lot line of any property that the City is
planning for residential use on its land use plan.
SECTION 2. This section adds a new subsection (f) to Section 36-27
(Landscaping and screening) as follows:
(f) The City may require screening between differing types of land use, such
as between commercial and residential uses or between multiple and
single dwellings.
SECTION 3. _This section changes Section 36-28(c)(6) as follows:
Section 36-28(c)(6).
(6) Construct all buildings, except single- and two-family homes, with the
following minimum setbacks:
a. Thirty (30) feet from a street right-of-way
b. Fifty (50) feet from a residential lot line. This setback shall
be increased up to seventy-five (75) feet based on the more
restrictive of the following requirements:
1) Building height: The building setbacks shall be
increased two (2) feet for each one foot that the
building exceeds twenty-five (25) feet in height..
2) Exterior wall area: Where an exterior wall faces a
residential lot line, the wall setback shall be
increased five (5) feet for each one thousand (1,000)
feet, or part thereof, in excess of two thousand (2,000)
square feet.
SECTION 4. This ordinance shall take effect after the City publishes it in
the official newspaper.
Seconded by Councilmember Carlson Ayes - all
3. Outside Storage Ordinance (2nd Reading)
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson presented the specifics of the
report.
9 9-26-94
c. Councilmember Rossbach introduced the following Ordinance and moved its
adoption:
ORDINANCE N0. 725
AN ORDINANCE RESTRICTING OUTSIDE STORAGE OF MATERIALS OR GOODS
The Maplewood City Council approves the following change to the Maplewood
Code of Ordinances:
SECTION i. This section changes Subsection 10 of Section 19-7 (Nuisances)
as follows:
10) The City prohibits the outside storage of items such as, but not limited
to, pails, barrels, lumber, scrap wood, cans', recyclable materials,
vehicle parts, inoperable machinery, equipment parts, brush, pipes,
household appliances, household furniture, building materials, scrap
metal, junk or similar materials. This subsection shall not apply to
the following:
(a) building materials or equipment being actively used in new
construction
(b) firewood meeting the requirements of Section 19-9(23)=
(c) items that are not visible from surrounding property lines
(d) any of the above materials that are being used as part of a
legal business (This exemption shall not apply to junk or waste
materials.)
SECTION 2. This Ordinance shall take effect after the City approves it and
the official newspaper publishes it.
Seconded by Councilmember Koppen Ayes - all
4. Liquor Ordinance, Community Center (2nd Reading)
a. Manager McGuire presented the staff report.'.-
b. Councilmember Carlson introduced the following Ordinance and moved its
adoption:
ORDINANCE N0. 726
AN ORDINANCE FOR THE MAPLEWOOD COM4UNITY CENTER AND THE SALE OF INTOXICATING
LIQUOR
THE City Council OF THE City OF MAPLEWOOD DOES HEREBY ORDAIN:
Article III, SECTION 5-156 is hereby added to read as follows:
DIVISION 4, intoxicating liquors at Maplewood Community Center, Section
5-156. Intoxicating liquor may be sold in the Maplewood Community Center
only under the following conditions:
(a) by the holder of a retail on-sale intoxicating liquor license
issued by the City of Maplewood.
10 9-26-94
(b) the licensee is engaged to dispense intoxicating liquor at an
event by a person or organization permitted to use a designated
room in the Maplewood Community Center.
(c) liquor is dispensed only to persons attending the event in the
designated room for which the room was rented and such
dispensing is done only in the room which was rented.
(d) the licensee delivers to the City a certificate of insurance
providing "off premises liquor liability" coverage naming the
City of Maplewood, to the full extent of statutory coverage, as
an additional named insured.
(e) all other rules and regulations established by the City of
Maplewood relating to the sale or dispensing of intoxicating
liquor in said Community Center are complied with.
(f) Beer, wine, and intoxicating liquor may only be served until
midnight (12:00 a.m.) on all evenings, Sunday- Saturday.
SECTION 5.157, WINE LICENSES. The sale of wine not exceeding fourteen
(14X) percent alcohol by volume for consumption may be sold in the Maplewood
Community Center only under the following conditions:
SECTION 5-157, WINE LICENSES. The sale of wine not exceeding fourteen
(14X) percent alcohol by volume for consumption may be sold in the Maplewood
Community Center only under the following conditions:
(a) by the holder of an on-sale wine license issued by the City of
Maplewood.
(b) the licensee is engaged to dispense wine at an event by a person
or organization permitted to use the designated room of the
Maplewood Community Center.
(c) wine is dispensed only to persons attending the event in the
designated room for which the room was rented and such
dispensing i s done only i n the room which was rented. The
licensee shall serve wine according to Maplewood City
ordinances.
(d) the licensee delivers to the City a certificate of insurance
providing "off premises liquor liability" coverage naming the
City of Maplewood, in the amount of statutory limits, as an
additional named insured.
(e) all other rules and regulations established by the City of
Maplewood relating to the dispensing of wine in said Community
Center are complied with. The hours of service shall be
according to Maplewood City ordinances.
(f) Beer, wine, and intoxicating liquor may only be served until
midnight (12:00 a.m.) on all evenings, Sunday - Saturday.
11 9-26-94
SECTION 5.158, WINE, BEER AND INTOXICATING LIQUOR.
Wine, beer and intoxicating liquor may be served in the Maplewood
Community Center under the following conditions:
(a) If served pursuant to Sections 5-156 and 5-157 as above stated;
(b) Service and consumption of wine, beer or intoxicating liquor is
by the person or organization permitted to use said Maplewood
Community Center and said wine, beer or intoxicating liquor must
be provided by the person, organization or group hosting the
activity or event;
(c) No compensation of any nature may be exchanged for the beer,
wine or intoxicating liquor. Compensation for purposes of this
section include donate, advanced sale of tickets and tips and
the payment of any kind or nature to the host in exchange for
said wine, beer and intoxicating liquor may only be served
according to the ordinance time elements established by
Maplewood City Ordinances;
(d) All parties consuming beer, wine or intoxicating liquor in the
Maplewood Community Center shall be required to conform to all
state liquor laws with any and all rules and regulations
regulating the serving or consumption of beer, wine or
intoxicating liquor as established by the City of Maplewood;
(e) The wine, beer or intoxicating liquor provided by the person,
organization or group hosting the activity or event must be
served by a designated bartender registered with the City of
Maplewood;
(f) Wine, beer or intoxicating liquor is dispensed only to persons
attending the event in the designated room for which the room
was rented, and such dispensing is done only in the room which
was rented.
Seconded by Councilmember Allenspach Ayes - all
5. Ordinance to Set Recycling Rates for 1995 (2nd Reading)
a. Manager McGuire presented the staff report.
b. Councilmember Carlson introduced the following Ordinance and moved its
adoption:
ORDINANCE NO. 727
ORDINANCE AMENDING THE MAPLEWOOD CODE FOR WASTE MANAGEMENT AND
RECYCLING CHARGES
The Maplewood City Council hereby ordains as follows:
Section 1. Sec. 16-58 is hereby amended to read as follows: All
residential property shall be billed $3.05 per unit per quarter for solid
waste reduction and recycling.
12 9-26-94
Section 2. This Ordinance shall take effect January 1, 1995.
Seconded by Councilmember Koppen Ayes - Mayor Bastian. Councilmembers
Allenspach. Carlson. Koppen
Nays - Councilmember Rossbach
J. NEW BUSINESS
1. Maplewood Mall Traffic Improvements, Project 89-21 (8:26 P,M.)
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the report.
c. Councilmember Carlson moved to authorize staff to enter into an
agreement with Strgar-Roscoe-Fausch. Inc. to prepare a design for the
~lewood Mall Traffic Improvements at a cost not to exceed 8155.325.
- Seconded by Councilmember Rossbach Ayes - all
2. Shoreland Ordinance (1st Reading)
a. Manager McGuire presented the staff report`.
b. Director of Community Development Olson presented the specifics of the
report.
c. Commissioner Axdahl presented the Planning Commission report.
d. Councilmember Rossbach moved first reading of an ordinance revising the
Shoreland Ordinance.
Seconded by Councilmember Carlson Ayes - all
3. Conditional Use Permit Review: Crestview Townhouses
a. Manager McGuire presented the staff report.
b. Councilmember Carlson moved to refer the question of whether to build a
- trail to the -Parks and Recreation Commission and request that they
survey the town house residents and the area residents to find out if a
trail is wanted.
Seconded by Councilmember Koppen Ayes - all
' K. VISITOR PRESENTATIONS
NONE
13 9-26-94
L. Council PRESENTATIONS
1. Mayor's Update
a. Committee from National Cities League 10-24 to 10-30.
b. Exposition Congress Conference is in Twin Cities
c. Week of 10-23 to 10-29 Violence Free Community
d. Month of October is Family Violence Month.
e. Trust for Public Land Workshop is 10-9-94, 9:00 A.M. to 1:00 P.M. at the
Earl Brown Center.
f. Roseville School District is requesting a pamphlet be sent out to
Maplewood residents.
g. Metropolitan Mosquito Control will hold a meeting to discuss their
performance in the past year.
M. ADMINISTRATIVE PRESENTATIONS
1. Open Space Progress
a. Manager McGuire presented the staff report.
b. Assistant Manager Maglich presented the update on Open Space.
2. Planning Commission Appointment
a. Manager McGuire stated there is a vacancy on the Planning Commission.
b. Councilmember Rossbach moved to invite the third applicant to the
Planning Commission's next meeting.
Seconded by Councilmember Koppen Ayes - all
= N. ADJOURNMENT OF MEETING
8:43 P.M.
D
Lucille E. Aurelius
City Clerk
14 9-26-94