HomeMy WebLinkAbout07-22-1996 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, July 22, 1996
Council Chambers, Municipal Building
Meeting No. 96-14
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 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
D. APPROVAL OF MINUTES:
1. Minutes of Meeting 96-13. (July 8, 1996)
Councilmember Rossbach moved to approve the minutes of Meeting`No. 96-13
(July 8. 1996) as presented.
Seconded. by Councilmember Koppen Ayes - aTl
E. APPROVAL OF AGENDA:
Councilmember Rossbach moved to approve the Agenda as amended/submitted.
L1 Dog Ordinance
L2 Fire Department Update
L3 Harvest Park
L4 Demont Avenue
J5 White Bear Avenue. Project 89-11 - Update
Seconded by Councilmember Carlson Ayes - all
7-22-96 1
EA. APPOINTMENTS/PRESENTATIONS
1. Proclamation: Maplewood National Night Out
a. Manager McGuire presented the staff report.
b. Councilmember Rossbach moved to adopt the following Proclamation:
PROCLAMATION
WHEREAS, the National Association of Town Watch (NATW) is sponsoring a
unique, nationwide crime and drug prevention program on August 6. 1996,
called "National Night Out;" and
WHEREAS, the "13th Annual National Night Out" provides a unique opportunity
for Maplewood to join forces with thousands of other communities across the
country in promoting cooperative, police-community crime prevention efforts;
and
WHEREAS, Maplewood plays a vital role in assisting the Police Department
through joint crime and drug prevention efforts in Maplewood and is
supporting "National Night Out 1996" locally; and
WHEREAS, it is essential that all citizens of Maplewood be aware of the
importance of crime prevention programs and impact that their participation
can have on reducing crime, drugs, and violence in Maplewood; and
WHEREAS, police-community partnerships and neighborhood safety and awareness
and cooperation are important themes of the "National Night Out" program;
NOW, THEREFORE, I call upon all citizens of Maplewood to join the Police
Department and the National Association of Town Watch in supporting "13th
Annual National Night Out" on August 6, 1996.
FURTHER, LET IT BE RESOLVED THAT I do hereby proclaim Tuesday, August 6.
1996, as "National Night Out" in Maplewood.
Seconded by Councilmember Koppen Ayes - all
7-22-96 2
F. CONSENT AGENDA:
Councilmember Carlson moved seconded by Councilmember Koppen; ayes - all.
to approve the Consent Agenda Items F-1 thru F-5, as recommended.
1. Approval of Claims
Approved the following claims;
ACCOUNTS PAYABLE: $ 440,918.46 Checks #6476-#6501 Dated 6-27-96 thru 7.2-96
$ 274.671.19 Checks #26620-#26777 Dated 7-29-96
$ 107.644.92 Checks #6502-#6514 Dated 7.3-96 thru 7-10-96
$ 119.876.08 Checks #26793-#26923 Dated 7-16-96
$ 943.110.65 Total Accounts Payable
PAYROLL: $ 276,367.35 Payroll Checks Dated 7-12-96
$ 47.237.48 Payroll Deduction Checks #53309-#53322 Dated 7-12-96
$ 323.604.83 Total Payroll
$1.266.715.48 GRAND TOTAL
2. Goff's Mapleview Fifth Addition Preliminary Plat Time Extension (Duluth Street)
Approved a one-year time extension for Goff's Mapleview Fifth Addition
preliminary plat. This time extension shall be subject to the April 26,
1993 conditions for the Mapleview Fourth Addition and preliminary plat.
3. Ambulance Bill - Application for Cancellation
Authorized cancellation of the $311.70 balance of ambulance bills for
Lorraine St. Jean, 2030 Lydia Avenue, on the basis of hardship.
4. Contingency Fund Request for Copy Machine
Authorized a transfer of $1,880.00 from the Contingency Fund to 101-112-200-
4630 for the purchase of a Savin 90132 copy machine for the Emergency
Management Department.
7-22-96 3
5. Vehicle Expenses
Authorized the following plan for automobile travel costs and appropriate
budget adjustments:
a) 5175/month car allowances for the Directors of Parks and Recreation.
Community Development and Public Works;
b) 5125/month car allowances for the Assistant City Manager, Human
Resource Director and Finance Director,
c) individuals receiving a car allowance will not be allowed use of a
City vehicle for travel inside the seven county metro area;
d) individuals receiving a car allowance will be reimbursed for
business travel outside of the seven-county metro area at the
_ prevailing rate in effect for all other employees;
e) the City Manager is authorized to increase an individual's car
allowance on a temporary basis up to one year if there is a
significant change in their business travel;
f) these changes shall be effective August 1, 1996.
G. PUBLIC HEARINGS
1. 7:00 P.M. (7:07 P.M.): Lexus Sign Variance (3000 Maplewood Drive)
a. Acting Mayor Allenspach convened the meeting for a public hearing
- regarding a request for a variance to allow installation of an
additional freestanding sign at the new Lexus dealership on Maplewood
Drive.
b. Manager McGuire presented the staff report.
c. Director of Community Development Coleman presented the specifics of the
report.
d. Boardmember Vidyashankar presented the Community Design Review Board report.
e. Acting Mayor Allenspach opened the public hearing, calling for
proponents or opponents. The following persons were heard:
Greg Madsen, Senior Project Manager, Ryan Companies, the applicant
Robert Katz, Lexus Company
f. Acting Mayor Allenspach closed the public hearing.
g. Councilmember Rossbach moved to deny the request fora variance which
would allow an additional freestanding sign at the Lexus Dealership.
3000 M~lewood Drive North. with the denial based on the following:
1) strict enforcement of the ordinance would not cause the
applicant undue hardship because of circumstances unique to the
ro ert
2) they applicant can install a ten-square-foot freestanding
directional sign for the used-car section of the site without a
variance;
3) the additional freestanding sign would not meet the spirit and
intent of the ordinance because it would lead to sign clutter
when added to the other on-site signs.
7-22-96 4
Seconded by Acting Mayor Allenspach ayes - Acting Mayor Allenspach,
Councilmembers Carlson. Rossbach
Nays - Council member Koppen
2. 7:15 P.M. (7:30 P.M.): Goodwill Store (2250 White Bear Avenue)
a. Acting Mayor Allenspach convened the meeting for a public hearing
regarding a request from Goodwill Industries, Inc. for a Conditional Use
Permit allowing them to enlarge their parking lot, and approval to make
other improvements to their site.
b. Manager McGuire presented the staff report.
c. Director of Community Development Coleman presented the specifics of the
report.
d. Commissioner Thompson presented the Planning Commission report.
e. Boardmember Vidyashankar presented the Community Design Review Board report.
f. Acting Mayor Allenspach opened the public hearing, calling for
proponents or opponents. The following persons were heard:
Reed Binet, contractor for the project
Ginnie Rien. Goodwill Industries, the applicant
g. Acting Mayor Allenspach closed the public hearing.
Conditional Use Permit
h. Councilmember Carlson introduced the following Resolution and moved its
adoption:
96-07-89
CONDITIONAL USE PERMIT - PARKING LOT ENLARGEMENT - GOODWILL INDUSTRIES
WHEREAS, Ms. Ginnie Rien, of Goodwill Industries, Inc. applied for a
conditional use permit to enlarge a parking lot with a nonconforming side
yard setback.
WHEREAS, this permit applies to the property at 2250 White Bear Avenue.
The legal description is:
VACATED STREET AND ALLEYS ACCRUING AND THE FOLLOWING: EXCEPT THE
EAST 188.72 FEET AND EXCEPT THE WEST 276 FEET OF THE FOLLOWING,
LOT 1, BLOCK 13 AND PART LYING SOUTHEASTERLY OF HIGHWAY OF LOTS
1 AND 2, BLOCK 4 AND THE WEST 78.72 FEET OF THE EAST 188.72 FEET
OF PART SOUTHEASTERLY OF HIGHWAY OF LOTS 1 AND 1. BLOCK 4 AND
THE FOLLOWING, WEST 78.72 FEET OF THE EAST 188.72 FEET OF LOT 1,
BLOCK 13 ALL IN SMITH AND TAYLOR'S ADDITION TO NORTH ST. PAUL,
RAMSEY COUNTY, MINN.
WHEREAS, the history of this conditional use permit is as follows:
7-22-96 5
1. On July 1. 1996, the Planning Commission recommended that the
- City Council approve this permit.
2. The City Council held a public hearing on July 22. 1996. 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 the 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.
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.
B. 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.
Approval is subject to the following conditions:
1. All construction shall follow the site plan approved by the
City.
2. 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.
3. The City Council shall review this permit in one year.
Seconded by Councilmember Koppen Ayes - all
7-22-96 6
Design Approval
i. Councilmember Carlson moved approve the plans (date-stamped June 14
1996) for the aarkina lot expansion and buildin4 chances at Goodwill.
2250 White Bear Avenue. The property owner shall:
1) Repeat this review in two years if the City has not issued
permits for this project.
2) Provide the following for staff approval before the City issues
a building permit:
a) A grading, drainage, utility and erosion control plan to
the City engineer for approval. The erosion control
plan shall meet all ordinance requirements.
b) A revised site plan that shows:
(1) Three handicap parking spaces. The plan shall
show these spaces located in the closest
proximity to the front door.
(2) A trash dumpster enclosure for the outside
trash dumpster (code requirement). The owner
or contractor shall submit the design plan to
staff for approval.
3) Complete the following before occupying the building:
a) Install handicap-parking signs for each handicap-parking
space.
b) Patch and restripe the existing parking lot.
c) Construct the trash enclosure.
4) 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
150% of the cost of the unfinished work.
5) All work shall follow the approved plans. The Director of
Community Development may approve minor changes.
6) This approval accepts both alternatives shown on the plan
Seconded by Councilmember Koppen Ayes - all
3. 7:30 P.M. (7:43 P.M.): Re-Assessment Hearing, Project 93-08
a. Acting Mayor Allenspach convened the meeting for a public hearing
regarding re-assessment of Project 93-08, Sterling/Schaller Improvements
to correct an error in the amounts assessed on two properties involved.
b. Manager McGuire presented the staff report.
7-22-96 7
c. City Attorney Kelly explained the procedures for a public hearing.
d. Director of Public Works Haider presented the specifics of the report.
e. Acting Mayor Allenspach opened the public hearing, calling for
proponents or opponents. The following persons were heard:
James A. Yarosh, Attorney representing J.D.V. Limited Partnership
Bill Dolan, Vice President, J.D.V. Limited Partnership
(J.D.V. Limited Partnership submitted a written objection to the assessment)
Scott McDonald, representing Al and Dorothy Jirovec
Al Jirovec, 2480 Linwood Ave. E, property owner
(The Jirovecs submitted a written objection to the assessment)
f. Acting Mayor Allenspach closed the public hearing.
g. Councilmember Carlson introduced the following Resolution and moved its
_ adoption with obiections to the assessment to be considered at the
August 12 meeting:
96-07-90
ADOPTION OF ASSESSMENT ROLL - PROJECT 93-08
WHEREAS, pursuant to proper notice duly given as required by law, the
City Council has met and heard and passed on all objections to the proposed
assessment for the construction of Sterling Street-Schaller Drive Utility
and Street Improvements as described in the. files of the city clerk as
Project 93-08, and has amended such proposed assessment as it deems just,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. Such proposed assessment, as amended, a copy of which is
attached hereto and made a part hereof, is hereby accepted and
shall constitute the special assessment against the lands named
therein, and each tract of land therein included is hereby found
to be benefited by the proposed improvement in the amount of the
assessment levied against it.
2. Such assessment shall be payable in equal annual installments
extending over a period of 20 years, the first of the
installments to be payable on or after the first Monday in
January, 1996, and shall bear interest at the rate of 7.0
percent per annum from the date of the adoption of this
assessment resolution. To the first installment shall be added
interest on the entire assessment from the date of this
resolution until December 31, 1995. To each subsequent
installment when due shall be added interest for one year on all
unpaid installments.
7-22-96 8
3. It is hereby declared to be the intention of the Council to
reimburse itself in the future for the portion of the cost of
this improvement paid for from municipal funds by levying
additional assessments, on notice and hearing as provided for
the assessments herein made, upon any properties abutting on the
improvement but not made, upon any properties abutting on the
improvement but not herein assessed for the improvement, when
changed conditions relating to such properties make such
assessment feasible.
4. To the extent that this improvement benefits nonabutting
properties which may be served by the improvement when one or
more later extensions or improvements are made, but which are
not herein assessed, therefore, it is hereby declared to be the
intention of the Council, as authorized by Minnesota Statutes
Section 420.051, to reimburse the City by adding any portion of
the cost so paid to the assessments levied for any of such later
extension or improvements.
5. The Clerk shall forthwith transmit a certified duplicate of this
assessment to the County Auditor to be extended on the property.
tax lists of the County, and such assessments shall be collected
and paid over in the same manner as other municipal taxes.
Seconded by Councilmember Koppen Ayes - all
4. 7:45 P.M. (8:18 P.M.): Liquor License. Michael N. Hild at 2305 Stillwater Road
(Sarrack's)
a. Acting Mayor Allenspach convened the meeting for a public hearing
regarding an application by Michael N. Hild for a liquor license to
operate an off-sale business at 2305 Stillwater Avenue under the name of
Sarrack's International Wine & Spirits.
b. Manager McGuire presented the staff report.
c. Director of Public Safety Collins presented the specifics of the
report.
d. Acting Mayor Allenspach opened the public hearing, calling for
proponents or opponents. The following person was heard:
Michael N. Hild, the applicant
e. Acting Mayor Allenspach closed the public hearing.
7-22-96 9
f. Councilmember Rossbach introduced the following Resolution and moved its
- adoption:
96 - 07 - 91
APPROVAL OF LIQUOR LICENSE
NOTICE IS HEREBY GIVEN that pursuant to action by the City Council of
the City of Maplewood on July 22, 1996, an Off-Sale Intoxicating Liquor
License was approved for Michael N. Hild, doing business under the name of
Barrack°s International Wine & Spirits.
The Council proceeded in this matter as outlined under the provisions o
the City Ordinance.
Seconded by Councilmember Koppen Ayes - all
H. AWARD OF BIDS
NONE
I. UNFINISHED BUSINESS
i. Plat Condition Change Request - Parkview Addition (Lower Afton Road and Londin Lane
a. Manager McGuire presented the staff report.
b. City Attorney Kelly commented regarding liability issues related to the
trail.
c. Director of Community Development Coleman presented the specifics of the
report.
d. Councilmember Carlson moved to keep the March 11. 1996 conditions of
approval for Parkview (AJ Addition) adopted by the Citv Council and to
amend Condition 3a of the March 11: 1996 conditions to include a
pedestrian easement over the wood chip trail to be located between Lots
11 and 12 Block 2• as well as the paved walkwav and fencing between
Lots 6 and 7 Block 1 from Parkview Lane to Lower Afton Road.
Seconded by Councilmember Koppen Ayes - all
2. Liquor Ordinance Revisions - 2nd Reading
a. Manager McGuire presented the staff report.
b. Director of Public Safety Collins 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.
7-22-96 10
= d. Councilmember Koppen introduced the following Ordinance for second
reading and moved its adoption:
ORDINANCE N0. 757
REVISING CHAPTER 5, ALCOHOLIC BEVERAGES
- THE MAPLEWOOD CITY COUNCIL DOES HEREBY ORDAIN:
Sec. 5-5. Drinking beer or intoxicating liquor on public street, etc., or while trespassing
on private property.
Except as authorized in Section 5.67 of this Chanter, no person shall, upon the
public streets, lanes or alleys of the city, or being a trespasser upon the private
premises of another, drink beer or intoxicating liquor. (Ord. No. 651, 8-28-89)
Sec. 5-37. Persons not eligible to be issued licenses.
No license may be issued to:
(1) No license may be issued to a person who has had an intoxicating liquor or
_ nonintoxicating liquor license revoked within five (5) years of the license
application.
(2) In addition, no new license may be issued to, and the city council may refuse to
renew the license of, a person who, within five (5) years of the license
application, has been convicted of a willful violation of a federal or state law
or a local ordinance governing the manufacture, sale, distribution, or possession
for sale or distribution of an alcoholic beverage, or of a felony crime.
(Ord. No. 651, 8-28.89)
State law reference--Similar provisions. M.S. § 340A.402.
Sec. 5-67. Drinking intoxicating liquor in a public place.
(a) No person may drink intoxicating liquor in a place open to the public within the
city, nor may the proprietor or manager of a public place, if it is a building
structure, permit such drinking on the premises.
(b) This section does not prohibit persons from drinking intoxicating liquor in a
building licensed under this article for on-sale sales. However, persons are
permitted to drink only in the portion of that building constituting the licensed
premises, and only within the hours when sales of intoxicating liquors are
permitted and for a period of one-half hour thereafter. (Ord. No. 651, 8-28-89)
~ An exception to this section is hereby authorized to allow on-sale license
holders to host one-time events pursuant to ap~l~cation and receipt of a permit
therefore which events may include the drinking of intoxicating liquor, wine.
_ or 3 2 malt liquor outside but upon. their licensed premises. The following
provisions aoaly with respect to such events:
"One time event" shall mean an individual, distinctive cultural, social.
educational or recreational occasion not exceeding 96 hours total
duration and not recurring within one calendar near.
On-sale license holders shall submit applications for one-time event
permits to the Citv Manager on forms provided by the City Clerk.
together with fees sureties and attachments required therein.
7-22-96 11
Each one-time event application shall be approved or denied by the City
Manager consistent with due regard for public order and safety subiect
to the recommendations of affected Citv departments• and if requested
by the applicant within five working days of such dem al. sub.iect to
review by the Citv Council at its next regular meetrng.
Fees for one-time event permits shall be established by the Cit.v
Council by resolution from time to time.
Cross reference--Streets, sidewalks and public grounds. Ch. 29.
Sec. 5-85. Temporary liquor licenses--Nonprofit organizations.
Notwithstanding any other provision of this chapter, a club or charitable,
religious, or other nonprofit organization in existence for at least three (3) years
may obtain an on-sale license to sell intoxicating liquor for consumption on the
licenses premises only and in connection with a social event within the city
sponsored by the licensee. The license may authorize on-sales on the premises other
than premises the licensee owns or permanently occupies. The license may provide
that the licensee may contract for intoxicating liquor catering services with the
holder of a full year on-sale intoxicating liquor license issued by the city. The
fee for such license shall be established by the Citv Council by resolution from time
_ to time. No organization may be granted more than two (2) such licenses per calendar
year and no license shall be issued for a period exceeding four calendar days (Ord.
No. 651, 8-28-89)
See. 5-1E4~a;~;;oraT Deleted.
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Sec. 5-107. Same--On-sale nonintoxicating malt beverage license to be surrendered before
issuance of off-sale intoxicating liquor license; state °^a
^~-qty-~~r approval
of bonds.
(b) If an off-sale license is granted under this division, the resolution granting
it must direct the clerk to issue the license whenever the bond required by this
division has been approved by the ^^~^^~~;-m;~i~e state commissioner of public
safety and the commissioner advises the clerk that he or she approves of issuing
the particular applicant a license.
/ \ Tf l l' ~..+n.i .^a^^ +Mi~ llivi~in^. +hc nec~l ,+-0^^ of +Mn
. (Ord. No. 651, 8-28-89)
Sec. 5-109. Bonds required from licensees.
,~e~
7-22-96 12
(a)El}} No off-sale license under this division shall be granted until a bond in the
sum of one thousand dollars (51,000.00) shall be furnished and approved by
- the state commissioner of public safety -^a n;+•, ^ nn;, and filed with
the proper ~ officers.
(b){~} The surety on bonds required by subsection^
'~--~;--a~'~ (a) of this section
shall be a surety company duly licensed to do business in the state, and the
bond shall be approved as to form and execution by the ~ Minnesota
Attorney General.
(c){-~} All bonds required by subsectior^ (a) of this section, when
approved by the proper
n~ state officers, shall be deposited •~•',.T~h2
as directed by the commissioner of public safety.
(d){e} All bonds required by subsectior,^ (a) of this section, w~~ for an
off-sal~~ti license, shall be conditioned as #el-levfs directed by the
commissioner of aublic safety.
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Sec. 5-112. Extent of licensed premises.
Except as authorized in Section 5-67, noon-sale or off-sale license issued under this
division is effective beyond the compact and contiguous space named there for which the
license was granted, Licensed premises are the premises described in the approved license
application. (Ord. No. 651, 8-28-89)
7-22-96 13
Sec. 5-133. Hours of sale of wine.
Holders of an on-sale wine license issued under this division must at all times observe
the following restrictions upon the hours of the sale of wine. No wine may be sold after
between the hours of 1:00 a.m. and 8:00
p.m. on the day of any statewide or city election. No wine may be sold between the hours of
1:00 a.m. and 8:00 a.m. ea-any-+veek~ay. Monday through Sunday. (Ord. No. 651. 8-28-89)
Sec. 5-135. Temporary wine licenses - - Nonprofit organizations.
Notwithstanding any other provision of this chapter, a bona fide nonprofit charitable,
religious or veterans' organization may obtain an on-sale license to sell wine not exceeding
fourteen (14) percent alcohol by volume for consumption on the licensed premises only. The
fee for such license }s ene ~ a a +ti~ f• ~c,~~ nn~ °°~_day shall be
established by the Citv Council by resolution from time to time, and licenses shall be issued
for periods not to exceed tk+eee four (34) consecutive days. No organization may be granted
more than two (2) such licenses per calendar year. (Ord. No. 651. 8-28-89)
Sec. 5-137.
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Seconded by Acting Mayor Allenspach Ayes - all
J. NEW BUSINESS
1. Sanitary Sewer Agreement with City of Oakdale
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider 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 approve the Sanitary Sewer Agreement
between Maplewood and the Citv of Oakdale which establishes a basis for
the Metropolitan Council Environmental Services to determine the
treatment and conveyance cost charged to Maplewood and Oakdale. and
establishes a method to share the cost of oaeration and maintenance at
Maplewood Lift Station 6.
Seconded by Councilmember Rossbach Ayes - all
7-22-96 16
2. Therapeutic Massage Ordinance - Revisions - 1st Reading
a. Manager McGuire presented the staff report.
b. Director of Public Safety Collins 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 approve first reading of the proposed
ordinance revision regarding training for massage therapists.
Seconded by Councilmember Rossbach Ayes - all
3. Additional Contribution to League of Minnesota Cities for Right-of-Way Issues
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. No one appeared.
d. Councilmember Rossbach moved to approve the request by the League of
Minnesota Cities and authorize a budget transfer of 51.725 in the
Miscellaneous Division from Account 101-119-00-4910(contingency) to
Account 101-119-000.4380 (memberships).
Seconded by Councilmember Carlson Ayes - Acting Mayor Allenspach,
Councilmembers Carlson, Rossbach
Nays - Councilmember Koppen
4. Community Center Second Quarter Financial Report
a. Manager McGuire presented the staff report.
b. Director of Finance Faust presented the specifics of the report.
c. Director of Parks & Recreation Anderson provided additional information.
d. Acting Mayor Allenspach asked if anyone wished to speak before the
Council regarding this matter.
e. Councilmember Carlson moved to accept the second quarter financial
report for the Community Center.
Seconded by Councilmember Koppen Ayes - all
7-22-96 17
5. Mall Area Traffic Improvement, Project 89-21
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the details of the project.
including a history of events, an update of actions taken and report on
continuing work and estimates of completion along with information
regarding the necessity of acquiring an easement at the northeast corner
of the intersection at County Road D and White Bear Avenue.
_ c. Councilmember Rossbach introduced the following Resolution and moved its
adoption:
96 - 07 - 92
AUTHORIZING COMMENCEMENT OF PROCEEDINGS IN EMINENT DOMAIN
WHEREAS, the City of Maplewood has found construction of Project 89-21,
the Mall Area Traffic Improvements, to be in the best interest of the
public, and
WHEREAS, additional right-of-way is required on the northeast corner of
White Bear and Co. Rd. D from Wendy's, and
WHEREAS, negotiations have not been successful.
NOW. THEREFORE, BE IT RESOLVED, that the City Attorney is authorized to
commence proceedings in eminent domain.
Seconded by Councilmember Koppen Ayes - all
K. VISITOR PRESENTATIONS
1. Kevin Berglund, 1929 Kingston Avenue
a. Mr. Berglund questioned the condemnation proceedings and expressed
concern for future of Wendy°s business.
Councilmember Carlson pointed out that the condemnation proceedings
are for only a narrow portion of the Wendy's property to allow
creation of a turn lane, and would not harm the business
b. Mr. Berglund inquired about the status of the Golf Dome.
Acting Mayor Allenspach stated that to the best of our knowledge,
the process is proceeding on schedule.
c. Mr. Berglund asked about the progress toward the 1996 Budget goals and
what percentage had been completed.
City Manager McGuire explained that each department works on those
goals throughout the year, and the results are not reported until
the year is over.
7-22-96 18
L. COUNCIL PRESENTATIONS
1. Dog Ordinance
a. Councilmember Carlson reported he had received some calls regarding dogs
being left outdoors and barking, and inquired about how the current
animal ordinance covered that; also if we have special considerations
for guide dogs.
b. Council directed staff to investigate the provisions of the ordinance.
2. Fire Department Update
a. Councilmember Carlson inquired about the status of the negotiations with
the Fire Departments.
b. Manager McGuire reported on recent contacts with the departments and
gave the time line for continuing efforts.
3. Harvest Park
a. Councilmember Rossbach stated he had received numerous calls regarding
Harvest Park. The complaints are that the south end of the park has
been so heavily used all summer that adjacent residents haven°t been
able to; also problems with litter from the heavy use.
b. Staff will review the situation and report.
4. Demont Street
a. Councilmember Rossbach commented that he had noticed some unfinished
paving areas in the vicinity of the old drive-in theater and inquired
about the reason.
b. Director of Public Works Haider will check on the progress and report.
- M. ADMINISTRATIVE PRESENTATIONS
NONE
N. ADJOURNMENT OF MEETING
9:22 P.M.
Lois N. Behm, Acting City Clerk
7-22-96 19