HomeMy WebLinkAbout12-11-1995 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, December 11. 1995
Council Chambers, Municipal Building
Meeting No. 95-27
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 Meeting 95-25, (November 27, 1995)
Councilmember Rossbach moved to approve the minutes of Meeting No. 95-25
(November 27. 1995) as presented.
Seconded by Councilmember Allenspach Ayes - all
E. APPROVAL OF AGENDA:
Mayor Bastian moved to approve the Agenda as amended:
L1 Hazelwood Crossing-
L2 Economic Relation and Development Commission
L3 Sign Ordinance
L4 Goodrich Park
J2 Cancel December 12, 1995 Meeting with Oakdale.
Seconded by Councilmember Rossbach Ayes - all
EA. APPOINTMENTS/PRESENTATIONS
NONE
F. CONSENT AGENDA: -
Councilmember Carlson moved seconded by Councilmember Koppen: ayes - all,
to approve the Consent Agenda Items F1 thru F9. as recommended.
1 12-11-95
1. Approval of Claims
Approved the following claimsi
ACCOUNTS PAYABLE: $ 218,148.12 Checks #5927 - #5956
Dated 11-16-95 thru 11-30-95
$ 419.455.60 Checks #22716 - #22875
Dated 11-28-95 and 12-05.95
$ 637,603.72 Total Accounts Payable
PAYROLL: $ 262,934.46 Payroll Checks Dated 12- 1-95
$ 48.162.68 Payroll Deduction Checks #49313 thru
#49325 dated 12- 1.95
$ 311,097.14 Total Payroll
$ 948.700.86 GRAND TOTAL
2. TH61-Beam Avenue, Signal Agreement
Approved Agreement 74350 for signal system revisions at Highway 61 and Beam
Avenue.
3. Searle Street Storm Sewer - Project 93-14, Budget Adjustment and Close Project
Authorized revision of the budget for Project 93-14, Searle Street Storm
Sewer to $62,730, and closure of the project. Also authorized the Finance
Director to make the financial transfers from general taxes as necessary to
implement the revised project budget.
4. East Shore Drive Storm Sewer - Project 94-06, Budget Adjustment and Close Project
Authorized revision of the budget for Project 94.06, East Shore Drive Storm
Sewer to $51,570, and closure of the project. Also authorized the Finance
Director to make the financial transfers from general taxes as necessary to
implement the revised project budget.
5. Community Center: Final Payment to Adolphson & Peterson; Release of Surety Bond
Authorized final payment to Adolfson & Peterson in the amount of $12,849.99
and release of the $50,000 Security Bond to close out the Adolfson 7
Peterson general contracting account and the City's financial obligations.
6. Contingency Request - Maplewood In Motion
Authorized a budget transfer of $8,419.20 from the Contingency Fund to cover
the deficit in the Maplewood-in-Motion account caused by the increased size
of the publication and the greater number of copies.
7. Final Plat - Mapleleaf Estates, Second Addition - (Gonyea Co.)
Approved the Mapleleaf Estates Second Addition final plat, subject to the
County recording the deed restrictions and covenants required by the City.
2 12-11-95
8. Certification of Delinquent False Alarm Bills
- 95 - 12 - 130
RESOLUTION CERTIFYING DELINQUENT FALSE ALARM CHARGES
RESOLVED, that the City Clerk is hereby authorized and directed to
certify to the Auditor of Ramsey County the following delinquent false alarm
charges for certification against the tax levy of said property owners for
the year 1995, collectible in 1996 and which includes interest at the rate
of eight percent (8~) on the total amount for one year:
ACCOUNT STREET ADDRESS PROPERTY I.D. # AMOUNT
Builders Square 1740 Van Dyke 14.29.22-33-0001 $ 81.00
Excel Cellular 2225 White Bear Ave. 10.29.22-44-0029 54.00
KFC National Mgmt. 1938 Beam Avenue 02.29.22.31-0058 54.00
Kohl's Dept. Store 3001 White Bear Avenue 02-29-22-22-0008 27.00
Maplewood All Tune
& Lube 2525 White Bear Avenue 11-29-22-22-0040 81.00
Midwest Engineering 1616 Gervais Avenue 10-29-22-42-0001 54.00
- $351.00
9. Community Gymnasium Representatives Positions for Edgerton and Carver Elementary
Authorized hiring two Community Gym Representatives to serve as coordinators
for the Edgerton and Carver gymnasium facilities, with the positions
beginning in January 1996.
G. PUBLIC HEARINGS
1. 7:00 P.M. (7:05 P.M.): Street and Easement Vacations - Mapleleaf Estates (Gonyea
Company)
a. Mayor Bastian convened the meeting for a public hearing regarding a
request by Gonyea Company to vacate street and utility easements at and
north of Gervais Avenue.
b. Manager McGuire presented the staff report.
c. Director of Community Development Coleman presented the specifics of the
report.
d. Commissioner Kevin Kittridge 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 was heard:
Tom Gonyea, the applicant
g. Mayor Bastian closed the public hearing.
h. Councilmember Rossbach introduced the following Resolution and moved its
adoption:
~ 3 12-11-95
95 - 12 - 131
STREET VACATION - GERVAIS AVENUE WEST OF CYPRESS
WHEREAS, Tom Gonyea applied for the vacation of the following-described
street:
That part of Gervais Avenue as dedicated and platted in MAPLELEAF
ESTATES according to the recorded plat thereof, Ramsey County,
Minnesota, and all that part of the highway easement according to
Document No. 340010 lying within the Southwest quarter of the
Southeast quarter of the Northwest quarter of Section 9, Township
29, Range 22, and all parts of Gervais Avenue lying west of the west
right-of-way line of Cypress Street extended in Section 9, Township
29, Range 22 in Ramsey County, Minnesota.
WHEREAS, the history of this vacation is as follows:
1. On November 20, 1995, the Planning Commission recommended that
the City Council approve this vacation.
2. On December 18, 1995, the City Council held a public hearing.
The 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.
WHEREAS, after the City approves this vacation, public interest in the
property will go to the following abutting properties:
Lot 19, Block 2, Mapleleaf Estates
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described vacations for the following reasons:
1. It is in the public interest.
2. The City has no plans to build a street in this location.
3. The adjacent properties have street access.
4. The City recently bought the property west of Cypress Street for
open space.
Seconded by Councilmember Carlson Ayes - all
i. Councilmember Rossbach introduced the following Resolution and moved its
ado~ti on:
95 - 12 - 132
EASEMENT VACATION - MAPLE LEAF ESTATES
WHEREAS, Tom Gonyea applied for the vacation of the following-described
easement:
i
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The north-south easement between the north right-of-way line of
Gervais Avenue and the north property line of Lot 12, Block 2, as
dedicated and platted in Mapleleaf Estates in Section 9, Township
29, Range 22.
WHEREAS, the history of this vacation is as follows:
1. On November 20, 1995, the Planning Commission recommended that
the City Council approve this vacation.
2. On December 18, 1995, the City Council held a public hearing.
The 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.
WHEREAS, after the City approves this vacation, public interest in the
property will go to the following abutting properties:
Lots 12-16, Block 2 of Mapleleaf Estates
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described vacation for the following reasons:
1. It is in the public interest.
2. The City has no plans to build utilities in this location.
3. The developer moved the watermain that was in the easement.
Seconded by Councilmember Carlson Ayes - all
2. 7:10 P.M. (7:17 P.M.): Conditional Use Permit - 113 Bellwood Avenue (Osterman)
a. Mayor Bastian convened the meeting for a public hearing regarding a
request from Michael Osterman for a conditional use permit for an
addition to the garage on his property at 113 Bellwood Avenue
b. Manager McGuire presented the staff report.
c. Director of Community Development Coleman presented the specifics of the
report.
d. Commissioner Kittridge presented the Planning Commission report.
e. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following person was heard:
Michael Osterman, 113 Bellwood Avenue, the applicant
f. Mayor Bastian closed the public hearing.
g. Councilmember Carlson introduced the following Resolution and moved its
adoption:
5 12-11-95
95 - 12 - 133
CONDITIONAL USE PERMIT RESOLUTION - GARAGE ADDITION
WHEREAS, Michael Osterman is requesting that Maplewood approve a conditional use
permit to put an addition on the rear (north side) of his detached garage on his -
property at 113 Bellwood Avenue.
WHEREAS, this permit applies to the property at 113 Bellwood Avenue. The legal
description is:
Lot 15, Block 4, De Mars Third Addition in Section 18, Township 29,
Range 22. (PIN 18-29-22-42-0018)
WHEREAS, the history of this conditional use permit is as follows:
1. On November 20, 1995, the Planning Commission recommended that the City
Council approve this permit.
2. On December 18, 1995, the City Council held a public hearing. The City
staff published a notice in the paper and sent notices to the
surrounding property owners. The council gave everyone at the hearing a
chance to speak and present written statements. The council also
considered reports and recommendations of the City staff and Planning
Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described
conditional use permit based on the building and site plans. The City approves this
permit because:
1. The use would be located, designed, maintained, constructed and operated
to be in conformity with the City's comprehensive plan and code of
ordinances.
2. The use would not change the existing or planned character of the
surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or
methods of operation that would be dangerous, hazardous, detrimental,
disturbing or cause a nuisance to any person or property, because of
excessive noise, glare, smoke, dust, odor, fumes, water or air
pollution, drainage, water run-off, vibration, general unsightliness,
electrical interference or other nuisances.
5. The use would generate only minimal vehicular traffic on local streets
and would not create traffic congestion or unsafe access on existing or
proposed streets.
6. The use would be served by adequate public facilities and services,
including streets, police and fire protection, drainage structures,
water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public
facilities or services.
8. The use would maximize the preservation of and incorporate the site's
natural and scenic features into the development design.
9. The use would cause minimal adverse environmental effects.
6 12-11-95
Approval is subject to the following conditions:
1. All construction shall follow the plans dated October 25, 1995 as
approved by the City.-The Director of Community Development may approve
minor changes.
2. The proposed construction must be started within one year after council
approval or the permit shall end. The council may extend this deadline
for one year.
3. The owner shall not use the garage for the repair of other persons'
motor vehicles, commercial or business activities.
4. The owner shall only use the garage for personal use and storage.
5. The City Council shall review this permit in two years, and after that
it will be reviewed only if a problem develops.
Seconded by Councilmember Koppen Ayes all
3. 7:20 P.M. (7:25 P.M.): Open Space Site 1680 - 2413 Carver Avenue (Grandview Addition)
a. Mayor Bastian convened the meeting for a public hearing regarding the
- status of Open Space Site 168C.
b. Manager McGuire presented the staff report.
c. Director of Community Development Coleman presented the specifics of the
report.
d. Commissioner Kittridge presented the Planning Commission report.
e. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following persons were heard:
Mark Malluege, 1288 South Dorland Road
Larry Gran, 2405 Carver Avenue
f. Mayor Bastian closed the public hearing.
Land Use Plan Change (R-1 to OS)
g. Councilmember Carlson introduced the following Resolution and moved its
adoption:
95-12-134
LAND USE PLAN CHANGE - R-1 TO OS
WHEREAS, the Director of Community Development proposed a change to the Cit_y's
land use plan from R-1 (single dwellings) to OS (open space).
WHEREAS, this change applies to the property located-north of Carver Avenue west
of Sterling Street formerly known as 2413 Carver Avenue.
7 12-11-95
WHEREAS, the history of this change is as follows:
1. On December 4, 1995, the Planning Commission held a public hearing. The City
staff published a hearing notice in the Maplewood Review and sent notices to
the surrounding property owners. The Planning Commission gave everyone at
the hearing a chance to speak and present written statements. The Planning
Commission recommended that the City Council approve the plan amendment.
2. On December 11, 1995, the City Council discussed the land use plan change.
They considered reports and recommendations from the Planning Commission and
City staff.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described
change for the following reasons:
1. Maplewood plans to buy this site for open space.
2. The site provides an interesting vista.
3. The purchase would help preserve a variety of natural features on and near
this site, including wetlands, slopes and trees.
4. The property is good economic value.
5. There is safe and easy access to the area.
6. The site could provide year-round recreational opportunities.
7. There has been strong neighborhood interest in preserving the site.
The City shall not make this change until the City closes on the property.
Seconded by Councilmember Koppen Ayes - all
Preliminary Plat
h. Councilmember Rossbach moved to deny the Grandview Addition preliminary
Plat.
Seconded by Councilmember Carlson Ayes - all
Authorize Purchase of Property
i. Councilmember Carlson moved to authorize staff to execute documents to
purchase the property at 2413 Carver Avenue for open space purposes.
subiect to a favorable environmental assessment. with funding to come
from the Omen Space Land Acquisition Fund.
Seconded by Councilmember Koppen Ayes - all
8 12-11-95
4. 7:40 P.M. (7:41 P.M.): Holiday Station Store (Lower Afton and McKnight Roads)
Land Use Plan Change (CO to BC)
Zoning Map Change (CO to BC)
Code Change (Minor Motor Fuel Stations)
- Conditional Use Permit
a. Mayor Bastian convened the meeting for a public hearing regarding
b. Manager McGuire presented the staff report.
c. Director of Community Development Coleman presented the specifics of the
report.
d. Commissioner Kittridge presented the Planning Commission report.
e. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following persons were heard:
Gerald Frisch, Attorney representing Holiday Station 'Stores
Mark Nelson, Applicant on behalf of Holiday Station Stores
Emil Sturzenegger, 2455 Londin Land, #321
Virginia Peterson, 2445 Londin Lane, #101
Richard Peterson, 2445 Londin Lane, #101
Owen Nelson, President of District One Community Council
Gerhard Groth, 2276 Londin Lane
Gerald Hickey, 2455 Londin Lane
Kevin Kittridge
Gary Ketch, 328 South McKnight
Letter from Walter Thorpe, 2465 Londin Lane, #204
Letter from Joan Singer, 1250 Dorland Road
f. Mayor Bastian closed the public hearing.
g. Mayor Bastian moved to table this item until the January 8. 1996 meeting
and direct staff to investigate traffic counts, storm water run-off.
number of police calls and outcome of those calls sanitary sewer
issues and the filtration pond and to work with the parties involved.
Seconded by Councilmember Koppen Ayes - all
H. AWARD OF BIDS
NONE
9:40 P.M.: MAYOR BASTIAN CALLED FOR A 5-MINUTE RECESS
9:45 P.M.: MAYOR BASTIAN RECONVENED THE MEETING
'I. UNFINISHED BUSINESS
1. Conditional Use Permit and Design Review'- AT&T (1840 English Street)
a. Manager McGuire stated that AT&T had withdrawn their request.
9 12-11-95
b. Mr. Ted Olson, Property Manager, representing AT&T read a letter
withdrawing their request and indicated they have found an alternate
location.
c. Councilmember Carlson moved to accept the withdrawal as specified in the
letter signed by Mr Ted Olson Property Manager for AT&T.
Seconded by Councilmember Koppen Ayes - all
2. Antenna and Tower Moratorium
a. Manager McGuire presented the staff report..
b. Councilmember Carlson moved to approve first reading of an ordinance
establishing a moratorium on antennas and towers.
Seconded by Councilmember Koppen Ayes - all
3. Alcoholic Beverage Ordinance Revision - 2nd Reading
a. Manager McGuire presented the staff report.
b. Councilmember Carlson introduced the following Ordinance and moved its
adoption:
ORDINANCE NO. 738
- AN ORDINANCE REPEALING SECTIONS OF THE ALCOHOLIC BEVERAGES ORDINANCE
THE MAPLEWOOD CITY COUNCIL .HEREBY ORDAINS AS FOLLOWS:
Section 1. Sections 5.104 and 5-109 on Bonds Required From Licensees (dated
December 11, 1995) is hereby deleted and repealed from the Alcoholic Beverages
Ordinance, sections 5-i to 5-155.
Sections 5.104 and 5-109. These sections shall be in effect until repealed.
(Ord. No. 738).
Section 2. These repealed sections 5-104 and 5-109 shall take effect upon its
passage and publication.
Seconded by Councilmember Rossbach Ayes - all
4. Gambling Ordinance Revision - 2nd Reading
a. Manager McGuire presented the staff report. -
b. Councilmember Carlson introduced the following Ordinance and moved its
adoption:
10 12-11-95
ORDINANCE N0. 739
AMENDING SECTIONS OF THE GAMBLING AND BINGO ORDINANCE
Chapter 15, Article II, Division 2, Sec. 15-37, subd. (3). Amended.
No organization shall hold more than two gambling licenses for any location in
the City except an organization that holds a gambling license for its own building
may hold two additional gambling licenses for any location in the City.
Chapter 15, Article II, Division 2, Sec. 15.41, subd. (5). Amended
A lease agreement between a nonprofit organization and an on-sale establishment
shall not provide for rental payments based on a percentage of receipts of profits
from lawful gambling. There shall be no other compensation paid to the on-sale
establishment, directly or indirectly, other than the rental fee provided in the
lease agreement. The maximum rental fee shall be according to Minnesota State law.
Seconded by Councilmember Koppen Ayes - all
b. Councilmember Carlson introduced the following Ordinance and moved its
adoption:
ORDINANCE N0. 740
AN ORDINANCE AMENDING SECTIONS OF THE GAMBLING AND BINGO ORDINANCE
THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS:
Section 1. Section 15-37 subd. (3) on Conditions, and Section 15.41 subd. (5) on
Lawful Gambling at On-Sale Establishments (dated December 12, 1995) is hereby amended
to the Gambling and Bingo Ordinance, Sections 15-1 to 15.88.
Sections 15.37 subd. (3) and 15-41 subd. (5) shall be effective as of December
11, 1995).
- Seconded by Councilmember Koppen Ayes - all
J. NEW BUSINESS
1. Driveway Ordinance
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the report.
c. Councilmember Rossbach moved to direct staff to prepare an Ordinance
governing residential driveways.
Seconded by Councilmember Koppen Ayes - all
11 12-11-95
2. December 12. 1995 Meeting With Oakdale.
a. Mayor Bastian moved to cancel the meeting with Oakdale City officials.
Seconded by Councilmember Rossbach Ayes - all
K. VISITOR PRESENTATIONS
NONE
L. COUNCIL PRESENTATIONS
1. Hazelwood Crossing
a. Councilmember Koppen moved that the information in Fire Chief Dick
Peterson's letter regarding the need for a Hazelwood crossing be used in
forwarding the Citv's request to State legislators.
Seconded by Councilmember Carlson Ayes - all
2. Economic Relation and Development Commission
a. Councilmember Koppen requested this item be investigated. He feel
Maplewood needs one.
b. This topic will be placed on a Council/Manager Agenda for discussion.
3. Sign Ordinance
a. Councilmember Koppen suggested a committee be established to review the
sign ordinance.
b. This topic will be placed on a Council/Manager Agenda for discussion.
4. Goodrich Park
a. Councilmember Koppen is concerned about losing Goodrich Park. He
suggested that perhaps a compromise with Ramsey County could be reached.
b. Council directed staff to contact Ramsey County to establish a meeting
to discuss Goodrich Park.
5. Mayor Bastian moved to direct staff to prepare a loitering ordinance for discussion.
Seconded by Councilmember Carlson Ayes - all
M. ADMINISTRATIVE PRESENTATIONS
NONE
N. ADJOURNMENT OF MEETING
10:30 P.M. _
`~~~~aJ~ /~-Gc.el-~Gcs3,--,
Lucille E. Aurelius
City Clerk
12 12-11-95