HomeMy WebLinkAbout10-24-1994 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P. M., Monday, October 24, 1994-
Council Chambers, Municipal Building
Meeting No. 94-21
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 Workshop, October 3, 1994
Councilmember Carlson moved to approve the minutes of Council/Manager
Meeting of October 3. 1994 as presented.
Seconded by Councilmember Rossbach Ayes - all
2. Minutes of Meeting 94-20, (October 10, 1994)
Councilmember Rossbach moved to approve the minutes of Meeting No. 94.20
(October 10. 1994) as presented.
- Seconded by Councilmember Carlson Ayes - all
E. APPROVAL OF AGENDA
Mayor Bastian moved to approve the Agenda as amended:
Li Community Center Update
L2 Portrait of Past Mayors
L3 Theater
M1 Ice Arena Comments
M2 HRA Appointments
Seconded by Councilmember Rossbach Ayes - alT
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EA. PRESENTATIONS
1. Park & Recreation Commission Appointment
a. Manager McGuire presented the staff report. ;
b. Carolyn Peterson, the applicant, appeared before the Council.
c. Councilmember Carlson moved to appoint Carolyn Peterson to the Park and
Recreation Commission to fill the vacancy created by the resi4nation of
Ellis Wyatt.
Seconded by Councilmember Koppen Ayes - all
2. Ramsey County Charter Commission - Proposed Amendments
a. Manager McGuire presented the staff report.
b. Commissioner Hal Norgard spoke regarding the Ramsey County Charger
Commission's proposed amendments.
F. CONSENT AGENDA
Councilmember Rossbach moved seconded by Councilmember Carlson• ayes - all, to
aporove the Consent Agenda,
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 297,656.49 Checks #3186 - #3199
and #14341 thru #14357
Dated 9.30.94 thru 10-24-94
$ 216.302.80 Checks #15168.- #15243
Dated 10.24.94
$ 513,959.29 Total per attached voucher/check
register
PAYROLL: $ 234,519.22 Payroll Checks #42922 thru #43149
Dated 10-07-94
$ 49.380.71 Payroll Deduction Checks #43154 thru
#43171 dated 10.07.94
$ 283,899.93 Total Payroll
$ 797.859.22 GRAND TOTAL
2. Temporary Appointment/Custodial
a) Amended the resolution establishing rates of pay for temporary/seasonal
employees to include Custodial Maintenance Worker at a rate not to exceed
$10.26/hour.
b) Authorized increasing the rate of pay for Building Attendant to a rate
not to exceed $8.20/hour and incorporate the title and rate into the
Temporary/Seasonal Pay Rate Resolution by amendment.
c) Authorized incorporating all other temporary/seasonal titles separately
established into the Temporary/Seasonal Pay Rate Resolution by amendment.
2 10-24-94
3. Water System Analysis Agreement
Authorized staff to execute a contract with Progressive Consulting
Engineers, Inc. to complete the water system analysis.
4. Conditional Use Permit Termination: 2633 Stillwater Road (Carbones)
94 - 10 - 122
CONDITIONAL USE PERMIT TERMINATION
WHEREAS, the Maplewood City Council granted a conditional use permit on
July 26, 1993 for a restaurant in a BC-M (business commercial - modified)
zoning district at the following described property:
All of Lot 27, Block 5, and that part of Lot 26, Block 5, Midvale
Acres No. 2 which lies southeasterly and southwesterly of the
following described line: Beginning on the East line of Ferndale
Street, 114 feet south from northwesterly line of Lot 26; thence
northeasterly parallel to said lot line 59.06 feet; thence
southeasterly to a point on southeasterly line of said lot and 53.67
feet southwesterly from east corner of Lot 26.
This property is known as 2633 Stillwater Road.
- WHEREAS, the applicant no longer wishes to open a restaurant at this
location.
NOW, THEREFORE, BE IT RESOLVED, that the Maplewood Council hereby
terminates the above-described conditional use permit since the applicant
decided not to open this restaurant.
5. Conditional Use Permit Termination: 2691 White Bear Avenue
(Maplewood Adolescent Chemical Dependency Center)
94 - 10 123
CONDITIONAL USE PERMIT TERMINATION
WHEREAS. the City council approved a conditional use permit (CUP) on
April 10, 1989 for an outpatient adolescent chemical dependency center for
the property legally described as Lots 1 through 5, Homeland Addition in
Section 2, Township 29, Range 22, Ramsey County. Minnesota.
WHEREAS, the address of this property is 2691 White Bear Avenue.
WHEREAS, this chemical dependency center is no longer meeting at the
above-referenced property.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby ends the
above-described conditional use permit since the use is no longer in effect.
6. Conditional Use Permit Review: 2425 White Bear Avenue (Redeeming Love Church)
Reviewed and renewed until July, 1996 the Conditional Use Permit for a
church at 2425 White Bear Avenue.
7. Planning Commission Resignation
Accepted with regret the resignation of Gary Gerke from the Planning
Commission, and approved the following Resolution:
3 10-24 94
94 10 - 124
JOINT RESOLUTION OF APPRECIATION
WHEREAS, Gary Gerke has been a member of the Maplewood Planning
Commission since October 10, 1989 and has served faithfully in that capacity
to the present time; and
WHEREAS, the Planning Commission has appreciated his experience.
insights and good judgment and,
WHEREAS, he has freely given of his time and energy, without
compensation, for the betterment of the City of Maplewood; and
WHEREAS, he has shown sincere dedication to his duties and has
consistently contributed his leadership, time and effort for the benefit of
the City.
NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of
Maplewood, Minnesota and its citizens, that Gary Gerke is hereby extended
our heartfelt gratitude and appreciation for his dedicated service, and we
wish him continued success in the future.
8. Certification of Delinquent Sewer Bills
94 10 125
CERTIFICATION OF DELINQUENT SEWER BILLS
RESOLVED, that the City Clerk is hereby authorized and directed to
certify to the Auditor of Ramsey County the attached list of delinquent
sewer rental charges and hydrant charges, said list made a part herein, for
certification against the tax levy of said property owners for the year
1994. collectible in 1995, and which listing includes interest at the-rate
of eight percent (8%) on the total amount for one year.
The total amount to be certified: 597,274.38
9. Certification of Unpaid Weed Cutting Bill
94 - 10 126
CERTIFICATION OF WEED CUTTING COSTS TO PROPERTY TAXES
RESOLVED, that the City Clerk is hereby authorized and directed to
certify to the Auditor of Ramsey County the following charges for weed
cutting on the undeveloped property between White Bear Avenue, Prosperity
Road and Burke Avenue, PIN 15-29-22-11-0047, against the tax levy of said
property for the year 1994, collectible in 1995, and which includes interest
at the rate of eight percent (8%) on the total amount for one year.
Weed Cutting Costs 590.00
Interest 7.20
Total amount to be certified: 597.20
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G. PUBLIC HEARINGS
1. 7:00 P.M. (7:14 P.M.): Conditional Use Permit Revision: Aladdin's Castle (Mall)
a. Mayor Bastian convened the meeting for a public hearing regarding .
b. Manager McGuire presented the staff report..
c. Director of Community Development Olson presented the specifics of the
report.
d. Commissioner Will Rossbach presented the Planning Commission report.
e. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following was heard:
Tom Schutes, Namco Cybertainment, Inc.
f. Mayor Bastian closed the public hearing.
g. Councilmember Allenspach introduced the following Resolution and moved
its adoption:
94 - 10 - 127
CONDITIONAL USE PERMIT - NAMCO CYBERTAINMENT
WHEREAS, Nanco Cybertainment Inc. applied for a conditional use permit
to expand an existing indoor amusement center at the Maplewood Mall.
WHEREAS, this permit applies to 3001 White Bear Avenue. The legal
description is:
SUBJ TO ESMTS & EX PART DESC AS COM AT A PT ON EL OF LOT 7 DIST
258.25 FT S OF NE COR THEREOF TH E 44.08 FT TO THE ACTUAL PT OF BEG
TH N 3 DEG 32 MIN 27 SEC E 282.72 FT TH NELY 304.55 FT ALONG A
654.67 FT RADIUS CURVE CONCAVE TO SE TH E NOT TAN TO SD CURVE 220 FT
TH S 27.9 FT TH E 64.97 FT TH S 80 FT TH E 125 FT TH S 90 FT TH E 55
FT TH S 200 FT TH W 55 FT TH S 80 FT TH W 125 FT TH S 93.5 FT TH W
390 FT TO BEG; TH FOL; LOT 5 BLK 1
- WHEREAS, the history of this conditional use permit is as follows:
1. On October 17, 1994, the Planning Commission recommended that
the City Council approve this permit.
2. On October 24, 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 or present written statements.
The Council also considered reports and recommendations from the
City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described revision to the 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.
5 10-24-94
2. The use would not change the existing or planned character of
the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials,
equipment or methods of operation that would be dangerous.
hazardous, detrimental, disturbing or cause a nuisance to any
person or property, because of excessive noise, glare, smoke.
dust, odor, fumes, water or air pollution, drainage, water run-
off, vibration, general unsightliness, electrical interference
or other nuisances.
5. The use would generate only minimal vehicular traffic on local
streets and would not create traffic congestion or unsafe access
on existing or proposed streets.
6. The use would be served by adequate public facilities and
services, including streets, police and fire protection,
drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public
facilities or services.
8. The use would maximize the preservation of and incorporate the
site's natural and scenic features into the development design.
9. The use would cause minimal adverse environmental effects.
The permit is subject to the following conditions.
i. The construction shall be in the area shown on the store
location map that the City stamped September 29, 1994. The
Director of Community Development may approve minor changes.
2. The proposed construction must be substantially started within
one year of Council approval or the permit shall end. The
Council may extend this deadline for one year.
3. The City Council shall review this permit in one year if the
expansion has not been finished. If the expansion is finished
within one year, future reviews shall be waived.
Seconded by Councilmember Carlson Ayes - all
2. 7:15 P.M.. (7:18 P.M.): Goodrich Dome
a. Mayor Bastian convened the meeting for a public hearing regarding .
b. Manager McGuire presented the staff report..
c. Director of Community Development Olson presented the specifics of the
report.
d. Commissioner Rossbach presented the Planning Commission report.
e. Boardmember Erickson presented the Community Design Review Board report.
f. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following persons were heard:
6 10-24-94
Fred Paul, representing Kelsey Enterprises
Dave Arndt, 1783 White Bear Avenue
Tom Corey, Co-Owner of Perkins Restaurant
Mary Sturm, 1759 White Bear Avenue
Greg Mach, Director of Ramsey County Park & Recreation Dept.
Jim Traeger, 2612 Forest Street
Hal Norgard, Ramsey County commissioner
Kevin Berglund, 1929 Kingston
g. Mayor Bastian closed the public hearing.
h. Mayor Bastian moved to table the Goodrich Dome issue for three weeks to
the November 14. 1994 Council Meeting.
Seconded by Councilmember Carlson Ayes - all
MAYOR BASTIAN CALLED FORA 5 MINUTE RECESS.
MAYOR BASTIAN RECONVENED THE MEETING AT 8:57 P.M.
3. 7:45 P.M. (8:58 P.M.): Mapleleaf Estates
a. Mayor Bastian convened the meeting for a public hearing regarding .
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the
report.
d. Commissioner Rossbach presented the Planning Commission report.
e. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following persons were heard:
Larry Olson, Midwest Land Surveyors and Civil Engineers
Ralph Tulley, Attorney representing the applicant, Gonyea Development
Ted and Dawn Robinson, 987 Demont
Bob Blautuss, 962 Demont
Don O'Gara, 981 Demont
Jim Traeger, 2612 Forest St.
Rita Huot, 999 E. County Road C
Dennis Berry, 984 Brooks Court
Tami Traeger, 2612 Forest
Mary Johnson, 978 Brooks Court
Sheryl Wieremann, 955 Brooks Court
Don Huot, 988 E. County Road C
Kevin Berglund, 1929 Kingston
Mark Warner, 990 Connor
Dennis Gonyea, the developer
Mark Peters, 948 Brooks Court
f. Mayor Bastian closed the public hearing.
g. Mayor Bastian moved to continue the public hearin4 on Mapleleaf Estates
until November 14. 1994.
Seconded by Councilmember Carlson Ayes - all
7 10-24-94
MAYOR BASTIAN MOVED TO SUSPEND THE RULES OF PROCEDURE TO COMPLETE THE AGENDA.
SECONDED BY COUNCILMEMBER KOPPEN AYES - ALL
H. AWARD OF BIDS
NONE
I. UNFINISHED BUSINESS
1. Assessment Objections - Searle Street Storm Sewer, Project 93.14
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the report.
c. Councilmember Carlson moved to approve staff recommendation as stated in
the staff report with no action on the appeals and compensation for
easements.
Seconded by Councilmember Koppen Ayes - all
d. Councilmember Carlson introduced the following Resolution and moved its
adoption:
94 - 10 - 128
AWARD OF BIDS - SEARLE STREET STORM SEWER AND GRADING, CITY PROJECT 93.14
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid
of Frattalone Excavating and Grading, Inc., in the amount of $35,184.30 is
the lowest responsible bid for the construction of Searle Street Storm Sewer
and Grading. City Project 93-14, and the Mayor and Clerk are hereby
authorized and directed to enter into a contract with said bidder for and on
behalf of the City.
The Finance Director is hereby authorized to make the financial
transfers necessary to implement the financing plan for the project.
Seconded by Councilmember Koppen Ayes - all
2. Assessment Objections - East Shore Drive Storm Sewer, Project 94.06
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the report.
c. Councilmember Allenspach moved to approve staff recommendation as stated
in the staff report with no action on the appeals and compensation for
easements.
Seconded by Councilmember Koppen Ayes - all
8 10-24-94
d. Councilmember Allenspach introduced the following Resolution and moved
its adoption:
i
94 - 10 - 129
AWARD OF BIDS - EAST SHORE DRIVE STORM SEWER, CITY PROJECT 94-06
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid
of Penn Contracting, Inc., in the amount of $37,533.40 is the lowest
responsible bid for the construction of East Shore Drive Storm Sewer. City
Project 94-06. and the Mayor and Clerk are hereby authorized and directed to
enter into a contract with said bidder for and on behalf of the City.
_ The Finance Director is hereby authorized to make the financial
transfers necessary to implement the financing plan for the project.
Seconded by Councilmember Koppen Ayes - all
J. NEW BUSINESS ~
1. Driveway Approval Request, 936 Currie Court
a. Manager McGuire presented the staff report,
b. Director of Public Works Haider presented the specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council
regarding this matter. The following was heard:
Bruce Ahern, 936 Currie Court, the applicant
d. Councilmember Carlson moved to approve the driveway variance.
Seconded by Councilmember Koppen Ayes - all
2. Home Occupation License Ordinance (1st Reading)
a. Manager McGuire presented the staff report. '
b. Director of Community Development Olson presented the specifics of the
report.
c. Councilmember Carlson moved to approve 1st reading of an ordinance
regarding Home Occupation Licenses.
Seconded by Councilmember Koppen Ayes - all
3. Commercial Property Study
a. Manager McGuire presented the staff report.
b. Mayor Bastian moved to table the Commercial Property Study to a future
Council/Manager meeting.
Seconded by Councilmember Carlson Ayes - all
g 10-24-94
4. Request for Charitable Gambling Funds
a. Manager McGuire presented the staff report.
b. Councilmember Rossbach moved to approve a contribution of $400 to the
Senior Chemical Dependency Program from the Charitable Gambling Fund.
Seconded by Councilmember Carlson Ayes - all
5. Amber Hills Neighborhood Presentation
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:
JoAnn Funk, 880 South Lakewood Drive, showed pictures of the drainage problems.
Ruth Ann Randall, Schaller and Valley, addressed the traffic problems.
Allen Eldridge, 2316 Valleyview Court
David Seidenkranz, 2602 Schaller Drive
c. Mayor Bastian moved to direct staff to evaluate the situation and
~roaose a solution by November 14, 1994 for the drainage and traffic
issues.
Seconded by Councilmember Carlson Ayes - all.
6. Purchase of Open Space - Site #153A
AND
7. Purchase of Open Space - Site #103C
AND
8. Purchase of Open Space - Site #140
a. Manager McGuire presented the staff report.
b. Assistant Manager Maglich presented the specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council
regarding this matter. The following were heard:
James Kayser, 2516 Linwood
Bill Poppert
d. Councilmember Rossbach moved to refer the three sites to the Planning
Commission.
Seconded by Councilmember Carlson. Ayes - all
10 10-24-94
9. Cable Television Franchise Renewal
a. Manager McGuire presented the staff report.
b. Mayor Bastian moved to refer thi s item to a future Counci 1 /Manager
meeting.
Seconded by Councilmember Carlson Ayes - all
K. VISITOR PRESENTATIONS
1. Denny Schulle
a. Mr. Schulle discussed a hockey arena in the Tartan area and why an arena
is needed.
2. Kevin Bergland
a. Mr. Bergland discussed working with surrounding communities to assure
that enough ice arenas are provided.
3. Jerry Hanson, 1783 Howard
a. Mr. Hanson spoke in favor of an ice arena in the south end of Maplewood.
4. Don O'Connell, 2359 Dorland
a. Mr. O'Connell spoke on the lack of indoor ice arenas.
5. Jeff Williams
a. Mr. Williams spoke regarding preserving open space Civil War sites.
M. COUNCIL PRESENTATIONS
1. Community Center Update
a. Councilmember Allenspach questioned how things in general are at the
Community Center.
2. Portraits of Mayors
a. Councilmember Koppen asked when the portraits of former mayors would be
obtained.
3. Theater
a. Mayor Bastian commented on the theater production Friday night. He
suggested everyone should see it.
M. ADMINISTRATIVE PRESENTATIONS
1. Ice Arena
a. Manager McGuire stated he has met with representatives from the other
cities to establish a Committee for ice arenas. Each community would
appoint members. Ads will be placed in newspapers asking for
volunteers.
11 10-24-94
2. HRA Appointment
a. Council will interview 3 candidates at the November 10, 1994 pre-agenda
meeting.
N. ADJOURNMENT OF MEETING
1:07 A.M.
~yc.~-cam Gti
Lucille E. Aurelius
City Clerk
12 10-24-94