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HomeMy WebLinkAbout03-13-1995 MINUTES OF MAPLEWnOD CITY COUNCIL 7:00 P.M., Monday, March 13, 1995 Council Chambers, Municipal Building Meeting No. 95.05 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 Joint Meeting: Maplewood/Oakdale Councils on February 15, 1995 Councilmember Carlson moved to aaarove the minutes of Maplewood/Oakdale Joint Meeting of Februarv 15. 1995 as presented. Seconded by Councilmember Rossbach Ayes - all 2. Minutes of Meeting 95-04. (February 27. 1995) Councilmember Rossbach moved to approve the minutes of Meeting No. 95-04 (Februarv 27. 1995) as corrected: Page 15, Item 2,a: Change statement to: "Councilmember Rossbach stated the tax statements showed a marked increase due to school district referendum tax increase, and that residents with questions can contact the school district." • Seconded by Councilmember Allenspach Ayes - all E. APPROVAL OF AGENDA: Mayor Bastian moved to aoorove the Agenda as amended:- L1 Gervais Avenue L2 Pioneer Press Seconded by Councilmember Allenspach Ayes - all 1 3-13-95 ' EA. APPOINTMENTS/PRESENTATIONS 1. Park & Recreation Commission Appointment a. Manager McGuire presented the staff report. ° b. Councilmember Carlson moved the aooointment of Rick Brandon to fill the - vacancv on the Park & Recreation Commission. Seconded by Councilmember Rossbach Ayes - all F. CONSENT AGENDA: Councilmember Rossbach moved seconded by Councilmember Carlson: ayes - all. to drove the Consent Agenda items F-1 thru F-5 and F-7 as recommended. (Item F-6 _ moved to become Item J-8) 1. Approval of Claims = Approved the following claims: ACCOUNTS PAYABLE: S 218,789.44 Checks #3932 - #4004 Dated 2-15-95 thru 2.28-95 S 114.981.93 Checks #17021 - #17142 Dated 3-13-95 S 333.771.37 Total Accounts Payable PAYROLL: S 270,643.52 Payroll Checks #46301 thru #46586 Dated 2.24-95 E 50.052.52 Payroll Deduction Checks #46591 thru #46608 dated 2-24.95 E 320,696.04 Total Payrol l S 654.467.41 GRAND TOTAL 2. Ramsey County Signal Agreement - White Bear Avenue Approved an agreement with Ramsey County for a traffic signal to be located on White Bear Avenue at the new Maplewood Retail Addition driv~yay. The developer will design and construct this signal at its cost. At completion, the City and County will divide maintenance responsibilities as they do on other signals. 3. Change of Gambling Manager: Pioneer Booster Club at Maplewood .Bowl: Linda Lawrence Approved Linda E. Lawrence as the new gambling manager for the Pioneer Booster Club, Inc. 2 3-13-95 4. Oakdale Utility Service Resolution Approved the following Resolution: 94-03-28 APPROVING THE SERVICING OF LAND OWNED BY NORTHERN STATES POWER AT THEIR PROPERTY IN MAPLEWOOD WITH WATER AND SEWER SERVICE AND THAT BILLING FOR SUCH SERVICE BE HANDLED-BY .THE CITY OF OAKDALE WHEREAS, Northern States Power Company has land located in the City of Maplewood, which cannot be served by the City with water and sewer service; and WHEREAS,. the City of Oakdale has water and sewer mains abutting the Northern States Power property, and is able to serve the property with water and sewer, and WHEREAS, it would be in the best interests of all parties concerned, _ that the City of Oakdale be allowed to provide such water Service. NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood, that it authorizes the City of Oakdale to service the land owned by Northern States Power Company at Century Avenue north of the Chicago Northwestern Railroad .tracks in Maplewood, with water and sewer service, and that the billing for such service be handled by the City of Oakdale. 5. Street Vacation Revision and Final Plat - Bittersweet Estates Adopted the following Resolution changing the vacation resolution originally adopted by the City on July 25, 1994: 95-03-29 REVISED STREET VACATION RESOLUTION WHEREAS, Bruce Mogren, representing Bittersweet Associates, applied for the vacation of the following described street: That part of the Demont Avenue right-of .way between the west right- - of-way of Bittersweet Lane and an extension of the east right-of-way line of Flandrau Street, reserving an easement over that part lying westerly of the northerly extension of the west line of Outlot A of SEASONS PARK ADDITION TO MAPLEWOOD for public trail and public utility use. WHEREAS, the history of this vacation is as follows:. 1. The Planning Commission recommended that the City Council approve this vacation on July 5, 1994. 2. The City Council held a public hearing on July 25, 1994. City staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The Council gave everyone at the hearing a chance to speak and present written statements. The Council.. also considered reports and recommendations from the City staff and Planning Commission. 3 3-13-95 3. On March 13, 1995, the City Council reconsidered this Resolution to change the legal description in the resolution. WHEREAS, after the City approves this vacation, public interest in the property will go to the following abutting properties: Lot 16, Block 4 of the Crestmoor Addition; Lot 1, Block 2 and Outlot A of the Seasons Park Addition, and Lot 2 of E. G. Roger's Garden Lots. NOW, THEREFORE. BE IT RESOLVED that the City Council approves the above- described vacation for the following reasons: 1. It is in the public interest. 2. The City has no plans to build a street on this easement. 3. The adjacent properties have street access. This vacation is subject to Maplewood keeping an easement over that part lying westerly of the northerly extension of the west line of Outlot A of SEASONS PARK ADDITION TO MAPLEWOOD for public trail and public utility use. The developer recording this resolution with the final plat. The City shall not release this resolution until the City approves the final plat. Approved the Bittersweet Estates final plat, subject to the following conditions: a. The County recording the wetland easements required by the City. The wording of these documents shall be subject to staff approval. b. The staff shall not release the plat for recording until the developer submits the final copies of the wetland easements to the staff for review before taking them to the County with the - plat. 6. Adoption of Uniform Building Code and Fee Schedule MOVED TO BECOME ITEM J-8 7. Acceptance of 51.000 Donation to Nature Center Accepted with thanks a donation of 51.000 from Rose E. Hendrickson, to be utilized fora Cappital Improvement Project at the Maplewood Nature Center. The 51,000 is to be credited to Nature Budget Account 403.814-316-4720. G. PUBLIC HEARINGS 1. 7:00 P.M.: 297 South Century Avenue (Ramsey County Correctional #acility) a. Mayor Bastian convened the meeting for a public hearing regarding a re uest by Ramsey County fora Conditional Use Permit, design approval and a screening waiver for their proposed addition to the Correctional Facility. b. Manager McGuire presented the staff report. c. Associate Planner Tom Ekstrand presented the specifics of the report. d. Commissioner Milo Thompson presented the Planning Commission report. 4 3-13-95 e. Boardmember Marie Robinson presented the Community Design Review Board report. f. Mayor Bastian opened the public hearing,. calling for proponents or opponents. The following persons were heard: Joan Fabian, Ramsey County Corrections Harley Nelson, Building Supervisor Superintendent at the Workhouse Michael Cox, Wold Architects g. Mayor Bastian closed the public hearing. Conditional Use Permit h. Councilmember Rossbach introduced the following Resolution and moved its adoption: 95-03-30 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, the Ramsey County Community Corrections Department applied for a conditional use permit to add onto the Ramsey County Correctional Facility. WHEREAS, this permit applies to 297 South Century Avenue. The legal description is: EX PART SWLY OF NEW AFTON ROAD; N 1/2 OF NE 1/4 & EX CRESTVIEW; PART NE OF AFTON RD OF SW 1/4 OF NE 1/4 & SE 1/4 OF NE 1/4 & NE 1/4 OF SE 1/4 (SUBJ TO RDS & PIPE LINE ESMT) IN SEC 12 TN 28 RN 22 WHEREAS, the history of this conditional use permit is as follows: 1. On February 21, 1995, the Planning Commission recommended that the City Council approve this permit. 2. The City Council held a public hearing on March 13, 1995. 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 iihe 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. 5 3-13-95 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. 10. The City Council may waive any of the above requirements for a public building or utility structure, provided the Council shall first make a determination that the balancing of public interest between government units of the State would be best served by such waiver. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the City. The Director of Community Development may approve minor changes. 2. The County shall inform the City of the following: a) If the percentage of felons increases above 29X of the inmates or if the percentage of gross misdemeanors increases above 33X of the inmates. b) Of any applications for a license for the facility that increase the maximum number of inmates above 293. c) If the daily population exceeds the County's license fq~ more than 21 (twenty-one) consecutive days. If condition 2.a or 2.c occurs, the City Council may reconsider the conditional use permit. The City must approve any increase in the facility inmate population • license becomes effective. 3. The City Council shall review this permit in one year. 6 3-13-95 4. The County Corrections Department shall file an annual report with the City Manager breaking down the average annual population (i.e., misdemeanor, gross misdemeanor, felony) in the_ annual average population. 5. At the present time the farm operation is not posing a threat to the health, safety or welfare of the surrounding land uses, but shall be considered in future hearings on this matter if it changes. - 6. The proposed construction must be substantially started within one year of Council approval or the permit shall become null and void. The Council may extend this deadline for one year. Seconded by Councilmember Allenspach Ayes - all Design Review i, Councilmember Rossbach moved to approve the design plans stamped January 4 1995. for the expansion of the Ramsey County Correctional Facility at 297 South Century Avenue. sub.iect to the findings required by the Code and Ramsey County doing the following: 1) Repeat this review in two years if the City has not issued a building permit for this .project. 2) Submit a revised landscape plan for staff approyal showing additional trees east of the parking lot before getting a building permit. 3) If any required work is not done, the City may allow temporary occupancy 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 150X of the cost of the unfinished work. c) The City receives an agreement that will allow the City to complete any unfinished work. 4) All work shall follow the approved plans. The Director of Community Development may approve minor changes. Seconded by Councilmember Allenspach Ayes - all Screening Waiver j. Councilmember Rossbach moved to approve waiver of the screening requirement for the rooftop mechanical equipment on the addition ecause• a 1) It would not improve the building's appearance or affect property values. 2) The building is a long distance from Century Avenue and the nearest homes. 3. The City waived the screening requirement for the roof-equipment installed on top of the 1993 additions. The County shall paint the roof equipment to match the building (code requirement). Seconded by Councilmember Allenspach Ayes - all 7 3-13-95 2. 7:20 P.M.: 1616 Currie Street: Nienast a. Mayor Bastian convened the meeting fora public hearing regarding a ' request from Shannon Nienast to divide the property at 1616 Currie ° Street into two lots.. b. Manager McGuire presented the staff report. c. Associate Planner Ekstrand presented the specifics of the report. d. Commissioner Thompson presented the Planning Commission report.. e. City Attorney Kelly explained the procedure for public hearings. f. Mayor Bastian opened the public hearing, calling for proponents or opponents. The following persons were heard: Shannon Nienast, 1616 Currie Street, the applicant _ Steve Ehlert, 1623 Currie Street Mark Goulding, 1629 Currie Street. Ray Horwath, 1540 McKnight g. Mayor Bastian closed the public hearing. h. Mayor Bastian moved to table this. item for two weeks. with staff to investi4ate options regarding the cash connection charge for 1616 Currie Street. Seconded by Councilmember Rossbach Ayes - all..:. H. AWARD OF BIDS 1. Community Center Trail: Project 95-01 a. Manager McGuire presented the staff report. b. Assistant City Manager Maglich presented the specifics of the report. c. Councilmember Rossbach introduced the following Resolution and moved its adoption: 95-03-31 AWARD OF BID -COMMUNITY CENTER TRAIL, PROJECT 95-O1 BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, th!!t the bid of Thor Construction Company in the amount of 3120,403.91 is the lowest responsible bid for the construction of Bituminous Trail, Gazebo, and Lighting Improvements, City Project 95-01, Federal Aid Project SP 138.080- 01, and the Mayor and Clerk are hereby authorized and directed to recommend to the Commissioner of Transportation to enter into a contract with said bidder. The Finance Director is hereby authorized to make the financial transfers necessary to implement the City's portion of the financing plan for the project. Seconded by Councilmember Carlson Ayes - all 8 3-13-95 I. UNFINISHED BUSINESS 1. Organized Collection Time Line 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 was heard: Kathy Juenemann, 721 Mt. Vernon d. Councilmember Carlson moved to adopt the organized collection time line as presented in the staff reoort dated March 3. 1995 with the capability to amend it later if conditions allow. Seconded by Councilmember Koppen Ayes - all J. NEW BUSINESS 1. Keller Parkway Maintenance Project 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 were heard: Bill Knutson, 2424 Keller Parkway Ron Brown. 2776 Keller. Parkway Diane (and Chris) Johnson, 2456 Keller Parkway Steve Laumer, 2764 Keller Parkway Ed Berglund, 2800 Keller Parkway Rick Staufer, 2756 Keller Parkway Carol Carter, Kohlman Lane Chris Cardinal, 2755 Lakeside Court, Little Canada Kathy Juenemann, 721 Mt. Vernon Michelle Gran, 2634 Keller Parkway • d. Councilmember Koppen moved to transmit to Ramsey County a prooosed agreement for the Keller Parkway maintenance pro.iect. requesting the County to make 12-foot driving lanes:. 3' gravel. shoulders: reconstruction of the-intersection and a stop sign by Spoon Lake: and minimal retaining walls. Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers Allenspach, Carlson, Koppen Nays - Councilmember Rossbach 9 3-13-95 2. Contract for Banking Services a. Manager McGuire presented the staff report. b. Director of Finance Faust presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. No one appeared. d. Councilmember Carlson introduced the followin4 Resolution and moved its adootion: 95-03-32 RESOLUTION DESIGNATING BANKING SERVICES . _ BE IT RESOLVED, that Norwest Bank is hereby designated as depository for demand deposits of the City of Maplewood, and BE IT FURTHER RESOLVED, that an agreement is hereby approved with Norwest Bank for checking account services based upon the terms in their proposal, and BE IT FURTHER RESOLVED, that funds deposited in said bank may be withdrawn by check when signed by the signature, or by the facsimile signature, of the Mayor, City Manager and Finance Director, or Accountant, and BE IT FURTHER RESOLVED, that funds in said bank may be wire transferred at the request of the Finance Director, Assistant Finance Director, or Accountant, and BE IT FURTHER RESOLVED, that deposits in said bank shall not exceed the amount of F.D.I.C. insurance covering such deposits unless collateral or a bond is furnished as additional security, and BE IT FURTHER RESOLVED, that this depository designation shall be effective June 1, 1995 and continue to be effective until a new depository is designated. Seconded by Councilmember Koppen Ayes Mayor Bastian, Councilmembers Carlson, Koppen Nays - Councilmembers Allenspach. Rossbach • 3. Conway Avenue Street Lights a. Manager McGuire presented the staff report. b. Councilmember Carlson moved to approve entering into an agreement with NSP to replace the wiring and fixtures for the street lights on Conwav Avenue between McKnight Road and TH120. and that the E79.616.25 of work be funded by the Street Construction State Aid Fund. Seconded by Councilmember Allenspach Ayes - all 10 3-13-95 • 4. Open Space Site #108 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. No one appeared. d. Councilmember Carlson moved to refer this item to the Planning and Park & Recreation Commissions for their review. Seconded by Councilmember Koppen Ayes - all 5. Release of Retainage: Doody Mechanical, Inc. - a. Manager McGuire presented the staff report. b. Assistant Manager Maglich presented the specifics of the report. c. Councilmember Rossbach introduced the following Resolution and moved its adoption: 95-03-33 RESOLUTION FOR THE RETURN OF RETAINAGE FOR A COMMUNITY CENTER PROJECT CONTRACT FOR MECHANICAL CONSTRUCTION WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the construction of a Cityowned community center, Community Center Project, and has let a contract with Doody Mechanical, Inc.. for mechanical construction; and WHEREAS, the City is holding 5~`of the 52,145,024.33'contract amount (5107,251.22) as retainage; and WHEREAS, the Architect' and- Construction- Manager' evaluated the construction and acknowledged substantial completion on September 23, 1994 and completion of the contracted work as of February 20, 1995 with the exception of the ozone system in the swimming pools. NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF NpPLEW00D, MINNESOTA that the Mayor and City Clerk are hereby authorized and directed to release the retainage in the amount of 597,251.22 to Doody Mechanical, Inc. and retain 510,000 until such time that the ozone system in the swimming pools is fully operational. Seconded by Councilmember Carlson Ayes - all 11 3-13-95 • 6. Purchase of New Telephone System a. Manager McGuire presented the staff report.. • b. Councilmember Koppen moved to authorize staff to purchase the new Executone telephone and voice mail systems for a total price of 8101 615 The purchase would be funded by the 1994 and 1995 Contingency - accounts. Seconded by Councilmember Carlson Ayes - all 7. Extension of the Trust for Public Land Contract a. Manager McGuire presented the staff report.. b. Assistant Manager Maglich presented the specifics of the report.. c. Councilmember Carlson moved to amend the contract with the Trust For _ Public Land extending it until March 1996 and chanaino the address for TPL. Seconded by Councilmember Koppen Ayes all 8. Adoption of Uniform Building Code and Fee Schedule (Moved from Consent Agenda) a. Councilmember Rossbach questioned the amount of the increases. b. Manager McGuire stated the State permits Cities to charge lesser fees for residential property and presented the staff recommendation. c. Councilmember Carlson moved first reading of an ordinance to adopt the Uniform Building code with the exception that plan review fees related to dwellings apartments .and their accessory structures shall be 50% of the building permit fee and all others will be 65% of the budding permit fee The total building permit fee (excluding any surcharges) shall be 850 for residential decks. and above-ground pools and 875 for residential in-ground pools. Seconded by Councilmember Koppen Ayes all • K. VISITOR PRESENTATIONS 1. Greg Juenemann, 721 Mt. Vernon a. Mr. Juenemann commented on Open Space Site #108 and urged the Council to go out an take a look at the site. b. Mr. Juenemann commended the work done for the City by Peg Koehring of the Trust for Public Land. 12 3-13-95 L. COUNCIL PRESENTATIONS 1. Gervais Avenue a: Councilmember Carlson commented on the fact that there is a washout on Gervais Avenue. b. Councilmember Rossbach inquired about the status of discussions held last year regarding paving Gervais. 2. Pioneer Press a. Councilmember Rossbach commented the City should consult with the Pioneer Press regarding their coverage. of Maplewood events as if it were a part of Washington County rather than a suburb of St. Paul. b. Councilmember Rossbach moved to direct staff to write a letter to the Pioneer Press regarding their coverage. Seconded by Councilmember Carlson Ayes - all M. ADMINISTRATIVE PRESENTATIONS 1. Open Space Progress COVERED PREVIOUSLY N. ADJOURNMENT 9:59 P.M. C .~cJ~~ ll~~'c~~ - Luc le E. Aurelius City Clerk • 13 3-13-95