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HomeMy WebLinkAbout04-22-1996 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, April 22, 1996 Council Chambers, Municipal Building Meeting No. 96-08 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 Acting Mayor Allenspach. B. PLEDGE OF ALLEGIANCE C. ROLL CALL: Gary W. Bastian, Mayor Absent* Sherry Allenspach, Acting Mayor Present Dale H. Carlson, Councilmember Present Marvin C. Koppen, Councilmember Present George F. Rossbach, Councilmember Present * Mayor Bastian was absent from the meeting due to his participation in the selection process fora School District 623 Superintendent. D., APPROVAL OF MINUTES: 1. Minutes of Council/Manager Workshop of April 1, 1996 Councilmember Rossbach moved to approve the minutes of Council/Manager Meeting of April 1. 1996 as presented. Seconded by Councilmember Koppen Ayes - all 2. Minutes of Meeting 96-07, (April 8, 1996) Councilmember Rossbach moved to approve the minutes of Meeting No. 96-07 April 8. 1996) as corrected: Page 11,J,1,c: Denny Schutz Seconded by Councilmember Carlson Ayes - all E. APPROVAL OF AGENDA: Councilmember Carlson moved to approve the Agenda as amended: L1 Keller Parkway L2 Public Health Merger L3 Government Access - Cable Channel 16 L4 Highway 36 & White Bear Avenue M2 Reschedule 2nd Council Meeting in May Seconded by Councilmember Koppen Ayes - all 1 4-22-96 EA. APPOINTMENTS/PRESENTATIONS 1. Proclamation - Presentation Church 50th Anniversary a. Acting Mayor Allenspach read the Proclamation for Church of the Presentation of the Blessed Virgin Mary. CITY OF MAPLEWOOD RAMSEY COUNTY, MINNESOTA A PROCLAMATION WHEREAS, the Church of the Presentation of the Blessed Virgin Mary is celebrating its 50th Anniversary; and WHEREAS, its presence has benefited the Maplewood community as thousands of Maplewood residents have attended Presentation over a half-century for worship, education, and spiritual enrichment; and WHEREAS, Presentation Parish is representative of a strong tradition of community service in the City of Maplewood and the State of Minnesota: and WHEREAS, Parish members are rededicating their efforts to serve the needs of the Maplewood community for the next 50 years; NOW, THEREFORE. BE IT RESOLVED, that I, Gary Bastian, as Mayor and on behalf of the Maplewood City Council, do hereby proclaim: APRIL 26 - 28. 1996 as CELEBRATION OF THE CHURCH OF THE PRESENTATION OF THE BLESSED VIRGIN MARY in THE CITY OF MAPLEWOOD, MINNESOTA and urge all residents to applaud the parish for its members' commitment to serve the Maplewood community through the end of its first century of existence. PROCLAIMED, this 22nd day of April, 1996. b. Peter Kagel, representing the Presentation Church, accepted the certificate of proclamation with thanks to the City. F. CONSENT AGENDA: Councilmember Carlson moved. seconded by Councilmember Koppen: ayes - all. to approve the Consent Agenda. Items F-1 thru F-12. as recommended. 2 4-22-96 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 69,269.82 Checks #6250 #6259 Dated 4-1.96 thru 4-3-96 $ 318,964.16 Checks #24877 - #25009 Dated 4-96 $ 249,763.81 Checks #6260 - #6282 Dated 4.4-96 thru 4-10-96 $ 86.981.43 Checks #25018 - #25143 Dated 4-16-96 $ 724,979.22 Total Accounts Payable PAYROLL: $ 275,125.05 Payroll Checks Dated 4-5-96 $ 48.551.58 Payroll Deduction Checks Dated 4.5-96 $ 323,676.63 Total Payroll $1.048,655.85 GRAND TOTAL 2. Acceptance of Donation From Cub Foods Accepted with thanks a donation of $1,000 from Cub Foods for the Fire Department Training Fund (Account 101-404-000-4390). 3. Southwind Third Addition Final Plat (Beebe Road) Approved the Southwinds Third Addition final plat subject to the developer recording the deed transferring Outlot A to School District 622. 4. Wetland Protection Ordinance Reviewed and approved first reading of an Ordinance, replacing Ordinance #734 which was approved April 24, 1995 with a sunset clause ending it on May 1, 1996: 5. Conditional Use Permit Review - 2194 Van Dyke Street (Launderville) Reviewed and renewed the Conditional Use Permit allowing Ronald and Connie Launderville to keep a one-ton tow truck on their property at 2194 VanDyke Street. 6. Gambling License - Pioneer Booster Club at Bleachers Approved Eleanor M. Farrington as the new gambling manager for Pioneer Booster Club, Inc. at Bleacher's, 2220 White Bear Avenue, and adopted the following Resolution to allow them to obtain their 1996 State license. 96-04-54 APPROVING CHARITABLE GAMBLING - PIONEER BOOSTER CLUB BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for Pioneer Booster Club to operate at Bleachers, 2220 White Bear Avenue, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minn. Stat. §349.213. 3 4-22-96 _ FURTHERMORE, that the Maplewood City Council requests that the Gambling Control _ Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minn. Stat. §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council - of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. 7. Modification of Park and Recreation Budget Authorized the Finance Director to modify the 1996 Budget to reflect a reduction of personnel expenditures of b60,000 in the Maplewood Community - Center 602 Account, and increase the Recreation Enterprise Fund 206 Account by $40,000 in projected revenue and E20,000 in reduced expenditures. 8. Disposal of Old Financial Records Adopted the following Resolution: 96-04-55 AUTHORIZATION FOR DESTRUCTION OF CITY RECORDS WHEREAS, M.S.A. 138.17 governs the destruction of City records; and WHEREAS, a list of records has been presented to the Council with a request in writing that destruction be approved by the Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA; 1. That the Finance Director i s hereby directed to apply to the Minnesota State Historical Society for an order authorizing destruction of the records as described in the attached list. 2. That upon approval by the State of the attached application, the Finance Director is hereby authorized and directed to destroy the records listed. - 9. Application for Cancellation of Ambulance Bill - Huna Authorized cancellation of the E266.76 balance remaining after Medicare payment for an ambulance bill for Isabel M. Huna. 10. Application for Cancellation of Ambulance Bill - Wright Authorized cancellation of the E239.40 balance remaining after insurance payment for an ambulance bill for Erin Wright. 11. Renewal of LMCIT Insurance Authorized the City Manager to annually renew City property, liability and worker's compensation insurance with the League of Minnesota Cities Insurance Trust (LMCIT) and to designate the Corporate 4 Insurance Agency to obtain LMCIT renewal quotes on City property and casualty insurance in 1996 - 1998. 4 4-22-96 12. Establishment of Police Services Fund Authorized the establishment of a Police Services Fund to account for money that is legally restricted for police services. G. PUBLIC HEARINGS 1. 7:00 P.M. (7:05 P.M.): R-1 Code Change - Prohibited Uses. a. Acting Mayor Allenspach convened the meeting for a public hearing regarding a proposed change to the R-1 Zoning Code relating to prohibited uses. b. Manager McGuire presented the staff report. c. Director of Community Development Coleman presented the specifics of the report. d. Acting Mayor Allenspach opened the public hearing, calling for proponents or opponents. No one appeared. e. Acting Mayor Allenspach closed the public hearing. f. Councilmember Koppen moved approval of first reading of an Ordinance amending the zoning code about prohibited uses in single dwelling zoning districts. Seconded by Councilmember Carlson Ayes - all H. AWARD OF BIDS NONE I. UNFINISHED BUSINESS 1. Lawn Irrigation Ordinance - Second Reading a. Manager McGuire presented the staff report. b. Director of Community Development Coleman presented the specifics of the report. c. Acting Mayor Allenspach asked if anyone wished to speak before the Council regarding this matter. No one appeared. d. Councilmember Koppen introduced the following Ordinance for second reading and moved its adoption: ORDINANCE N0. 752 AN ORDINANCE AMENDING MAPLEWOOD CITY CODE SEC. 36-28, SUBD. C, ARTICLE 9. PERTAINING TO LAWN IRRIGATION SYSTEMS THE MAPLEWOOD CITY COUNCIL APPROVES THE FOLLOWING CHANGES TO THE MAPLEWOOD CODE OF ORDINANCES: 5 4-22-96 SECTION 1. This section amends Sec. 36-28, Subd. C, Article 9 as follows: (9) Install and maintain an underground lawn irrigation system. The system shal 1 not be directed to spray on public streets or sidewalks. If such irrigation system is automatic or in capable of operating automatically, the system shall be equipped with a rain sensor/detection device to prevent operation when it is raining so as to conserve water. If installation of such system is prohibitively difficult due to terrain or other factors, or is unnecessary due to alternative irrigation provisions or xeriscape arrangements which do not require irrigation. Exemption may be granted by the City Council on a case-by-case basis, provided suitable alternative irrigation arrangements have been secured by the developer. SECTION 2. This Ordinance shall take effect after the City Council approves it and the official newspaper publishes it. Seconded by Acting Mayor Allenspach Ayes - all 2. Kohlman Lake Overlook Land Acquisition - Neighborhood Park a. Manager McGuire presented the staff report. b. Director of Parks & Recreation Anderson presented the specifics of the report. c. Councilmember Carlson moved to authorize entering into a Purchase Agreement for the 4.3 acres described, with the monies to be allocated from P.A.C. Funds. and assuming the assessments for Lot 9. Block 2. placing them on the general property taxes. rather than utilizing P:A.C. funds: and directed staff to pursue the feasibility of creating a five- lot subdivision on the north end of Frank Street. Seconded by Councilmember Koppen Ayes - all J. NEW BUSINESS 1. Truth-in-Housing Evaluators License - Steve Dellwo a. Manager McGuire presented the staff report. b. Director of Community Development Coleman presented the specifics of the report. c. Acting Mayor Allenspach asked if anyone wished to speak before the Council regarding this matter. The following was heard: Steve Dellwo, the license applicant d. Councilmember Rossbach moved to approve a Maplewood Truth-in-Housing license for Mr. Stephen Dellwo because of the following. and to direct staff to review the differences between the Minneapolis and St. Paul licensing requirements. 1) Strict enforcement of the City Code would cause Mr. Dellwo hardship because of circumstances unique to him. 6 4-22-96 2) Losing his St. Paul license because of being a St. Paul City _ employee is a problem unique to him that he did not cause. 3) This license would not alter the character of the Maplewood Truth-in-Housing program. - 4) Approving this license would be in keeping with the spirit and intent of the Ordinance. This license shall be subject to Mr. Dellwo meeting the following conditions: 1) Keeping his Minneapolis Truth-in-Housing license in good standing. If Minneapolis suspends or ends his license, Maplewood shall suspend or end his Maplewood Truth-in-Housing license. 2) Providing Maplewood City staff proof of continuing education for Truth-in-Housing and a copy of his Minneapolis Truth-in-Housing license by January 31 of each year. 3) Meeting all other applicable Maplewood requirements for a Truth- in-Housing license. Seconded by Councilmember Koppen Ayes - all 2. Walgreens Sign Plan Change a. Manager McGuire presented the staff report. b. Director of Community Development Coleman presented the specifics of the report. c. Acting Mayor Allenspach asked if anyone wished to speak before the Council regarding this matter. No one appeared. d. Councilmember Carlson moved to deny the request for the proposed "24- Hour Pharmacv" si4n on the south exterior wall of Walgreens at 2515 White Bear Avenue. because: 1) Walgreens already has two signs more than the Code allows. The sign areas and densities for Walgreens,. therefore, would not - conform with the intent of the Code. 2) The additional sign would not improve the relationship between the various parts of the shopping center's sign plan as required by the Code. 3) Approval of an additional sign for Walgreens would set a - precedent for other tenants to request additional signs. Seconded by Acting Mayor Allenspach Ayes all 3. Maplewood City Dtmip a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Councilmember Rossbach moved to authorize staff to direct ATEC, the consultant to perform the Phase II investigation accordin4 to the work program aporoved by the MPCA. Seconded by Councilmember Koppen Ayes - all 7 4-22-96 4. TH 61 Watermain Improvements, Project 95-17 a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Councilmember Carlson moved to direct staff to authorize the contractor to construct the portion of water main from Beam Avenue to the north property line of the proaosed Lexus dealersh7P and use the development _ a4reement to guarantee the financing for this portion of the protect In addition the Citv would continue to aursue approval of the assessment roll at the Mav 13 assessment hearing. Seconded by Councilmember Koppen Ayes - Acting Mayor Allenspach, Councilmembers Carlson, Koppen Nays - Councilmember Rossbach 5. Land Purchase for Gladstone Fire Station a. Manager McGuire presented the staff report. b. Fire Chief Hewitt presented the specifics of the report. c. Councilmember Rossbach moved to authorize the purchase of the CP Rail Systems property for the funding source being the unappropriated monies from the General Fund. Seconded by Councilmember Carlson Ayes - all 6. Massage Ordinance a. Manager McGuire presented the staff report. b. Assistant City Manager Dawson presented the specifics of the report. c. Acting Mayor Allenspach asked if anyone wished to speak before the Council regarding this matter. The following were heard: Joyce Harris, Woodbury Ida Unser, Stillwater d. Councilmember Koppen moved to direct staff to proceed with updating the Massage Ordinance including gender-neutral language. allowing gender- neutral services and reviewing educational requirements. Seconded by Councilmember Carlson Ayes - all 7. Community Center Financial Report a. Manager McGuire presented the staff report. b. Director of Finance Faust presented the financial details of the report. S 4-22-96 c. Director of Parks & Recreation Anderson presented the operational details of the report. c. Council accepted with thanks the report and the candid responses to additional questions. NO ACTION REQUIRED K. VISITOR PRESENTATIONS 1. North High Senior Parents a. Anita Olson, representing the North High Seniors Parents, requested the Council reconsider the groups request for Charitable Gambling Funds to help support the all-night graduation party. b. Acting Mayor Allenspach and Councilmembers Carlson and Rossbach commented on other programs the City has contributed to and questioned the cost of the party and the advisability of having casino games. c. Mary Kay Skoge, representing the North High Seniors Parents, addressed the issue of safety for the students,. keeping them off the streets and away from dangerous activities. d. Councilmember Rossbach moved to reconsider the North High request for Charitable Gambling Funds at the Mav 13 Council Meeting. Seconded by Councilmember Koppen Ayes - Councilmembers Rossbach, Koppen Nays - Acting Mayor Allenspach, Councilmember Carlson MOTION FAILED L. COUNCIL PRESENTATIONS 1. Keller Parkway a. Councilmember Carlson inquired about the status of the Keller Parkway project and when it will be completed. b. Council directed staff to investigate the status and report back. 2. Public Health Merger a. Councilmember Carlson commented on information received from Ramsey County regarding the merger of St. Paul and Ramsey County public health services, and the fact it would create an increase in suburban taxes, from which the suburbs would derive very little or no benefit. b. City Manager McGuire reported on discussion he had with Ramsey County Administrator Schutten regarding the merger. c. Councilmember Carlson moved to direct staff to write to Ramsey County. commending their efforts at reducing expenses through consolidation but exaressing concern at the added cost to the suburban residents. Seconded by Acting Mayor Allenspach Ayes all g 4-22-96 3. Government Access - Cable Channel 16 a. Acting Mayor Allenspach commented that Cable Channel 16 is not cablecasting some City information it should be. b. Council directed staff to investigate. 4. 36th & White Bear Avenue a. Councilmember Allenspach commented on the frequency with which various intersections in the White Bear & Highway 36 area are flashing red and the traffic congestion it causes. b. Council directed staff to contact Ramsey County regarding traffic signal maintenance. M. ADMINISTRATIVE PRESENTATIONS 1. First Monthly Progress Report - Organized Collection a. Manager McGuire presented the staff report. b. Assistant City Manager Dawson presented the specifics of the report. c. Acting Mayor Allenspach asked if anyone wished to speak before the Council regarding this matter. The following was heard: Michael Hinz, Gopher Disposal NO ACTION REQUIRED 2. Second May Council Meeting ' a. City Manager McGuire stated the 4th Monday in May is a holiday and the Council Meeting will need to be rescheduled. " b. Councilmember Carlson moved to set the second Mav Council Meetin4 on Mav 20. 1996. Seconded by Acting Mayor Allenspach Ayes - all N. ADJOURNMENT OF MEETING 8:56 P.M. Lois N. Behm Acting City Clerk 10 4-22-96