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."
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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
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' 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.
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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.
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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.
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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.
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4. The use would not involve any activity, process, materials,
equipment or methods of operation that would be dangerous,
hazardous, detrimental, disturbing or cause a nuisance to any.
person or property, because of excessive noise, glare, smoke,
dust, odor, fumes, water or air pollution, drainage, water run-
off, vibration, general unsightliness, electrical interference
or other nuisances.
5. The use would generate only minimal vehicular traffic on local
streets and would not create traffic congestion or unsafe access
on existing or proposed streets.
6. The use would be served by adequate public facilities and
services, including streets, police and fire protection,
drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public
facilities or services.
8. The use would maximize the preservation of and incorporate the
site's natural and scenic features into the development design.
9. The use would cause minimal adverse environmental effects.
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.
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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
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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
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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
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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.
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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
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