HomeMy WebLinkAbout11-12-1996 MINUTES MAPLEWOOD CITY COUNCIL
7:00 P.M., Tuesday, November 12, 1996
Council Chambers, Municipal Building
Meeting No. 96.22
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 96-21, (October 28, 1996)
Councilmember Allenspach moved to approve the minutes of Meeting_No. 96.21
jOctober 28,x,926) a~presented.
Seconded by Councilmember Rossbach Ayes - all
E. APPROVAL OF AGENDA:
Mayor Bastian moved to approve the Agenda as amended:
L-1 Mayor's Update
M-2 Schedule Meeting With Legislators
Seconded by Councilmember Rossbach Ayes - all'
FA APPOINTMENTS/PRESENTATIONS
NONE
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F. CONSENT AGENDA:
Councilmember Carlson moved, seconded by Co~ncilmember Koppen• ayes - all.
o approve the Consent Agenda Items F-1 thru F-7 as recommended.
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: E 163,408.36 Checks #6780-#6803 Dated 10-17.96 thru 10.23-96
E 109,495.05 Checks #28591-#28688 Dated 10.29-96
~ 93,063.21 Checks #6804-#6819 Dated 10-24-96 thru 11-5-96
8 403.972.53 Checks #28693-#28795 Dated 11-5-96
8 769,972.53 Total Accounts Payable
PAYROLL: S 264,605.73 Payroll Checks and Direct Deposits Dated 11-1-96
8 47,410.66 Payroll Deduction Checks #55222-#55235 Dated 11-1-96
8 312,016.39 Total Payroll
81.081.955.54 GRAND TOTAL
2. A J Addition Final Plat Corrections (Londin and Parkview Lanes)
Consent to and Joinder in Plat
Quit Claim Deed
Authorized the necessary City officials to sign the following documents to
correct errors for the A J Addition final plat:
1. Consent and Joinder in Plat
2. Quit Claim Deed for lots 11, 12, 13, 14, 15, 16 and 17, Block 1 of A J
Addition.
3. Donation to Fire Department
Accepted a donation of a 1985 Chevrolet Celebrity from Mr. and Mrs. Paul
Adams of White Bear Lake for the fire Department personnel to use for
training in skills dealing with automobile emergencies.
4. Fire Prevention Material
Authorized participation in a program developed by Safety Communications in
Minneapolis which provides fire departments fire education packets for use
in educating the public in fire safety.
5. Budget Transfer - Fire Department
Approved a budget transfer from the Contingency Fund for purchase of Fire
Administration office furnishings and supplies.
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6. Certification of Delinquent No. St. Paul Water Bill (Maplewood Resident)
Adopted the following Resolution:
96 - 11 - 128
CERTIFICATION OF DELINQUENT WATER BILLS
RESOLVED, that the City Clerk is hereby authorized and directed to
certify to the Auditor of Ramsey County the attached list of delinquent
water charges, said list made a part herein, for certification against the
tax levy of said property owners for the year 1996, collectible in 1997, and
which listing includes interest at the rate of eight percent (8~) on the
total amount for one year.
Total amount to be certified: E58.26
7. Certification of Delinquent Sewer Bills
Adopted the following Resolution:
96 - 11 - 129
CERTIFICATION OF DELINQUENT SEWER BILLS
RESOLVED, that the City Clerk is hereby authorized and directed to
certify to the Auditor of Ramsey County the attached l i st of delinquent
sewer rental charges, recycling charges, and hydrant charges, said list made
a part herein, for certification against the tax levy of said property
owners for the year 1996, collectible in 1997, and which listing includes
interest at the rate of eight percent (8~) on the total amount for one year.
Total amount to be certified: b84,989.02
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G. PUBLIC HEARINGS
1. 7:00 P.M. (7:08 P.M.): Stielow Open Space (Sterling Street and Carver Avenue)
Land Use Plan Change (R-1 to OS) (3 Votes)
a. Mayor Bastian convened the meeting for a public hearing for the purpose
of considering changing the land use plan for property proposed for
purchase as open space.
b. Manager McGuire introduced. the staff report.
c. Director of Community Development Coleman presented the specifics of the
report.
d. Commissioner Milo Thompson presented the Planning Commission report.-
e. Mayor Bastian opened the public hearing, calling for proponents or
opponents. No one appeared.
f. Mayor Bastian closed the public hearing.
g. Councilmember Carlson moved to a rpp ove reparation and execution of a
purchase agreement and the land use plan change from R-1 to OS for the
St~Q p~perty a ~ 85 South Sterling Street for open sp~e_p~rposes
Seconded by Councilmember Koppen Ayes - all
h. Councilmember Carlson moved to authorize expenditure for the purchase of
the Stielo~ property from the 0 ep n Space Land Acquisition Bond Fund
Seconded by Councilmember Koppen Ayes - all
i. Councilmember Carlson introduced the following Resolution and moved its
adoption:
96 11 - 130
LAND USE PLAN CHANGE - R•1 (SINGLE DWELLINGS) TO OS (OPEN'SPACE)
WHEREAS, the Director of Community Development proposed a change to the
City's Land Use Plan from R-1 (single dwellings) to OS (open space).
WHEREAS, this change applies to the property located west of Sterling
Street and north of Carver Avenue around the house at 1285 Sterling Street.
WHEREAS, the history of this change is as follows:
1. On October 12, 1996, 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 not approve the plan amendment.
4 11-12-0
2. On November 12, 1996, 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 slopes and trees.
4. The property is a good economic value.
5. There is safe and ease access to the area.
6. The site could provide year-round recreational opportunities.
7. There has been neighborhood interest in preserving the site.
The City shall not make the land use plan change for the City-owned
property until after the City closes on the property.
Seconded by Councilmember Koppen Ayes - all
2. 7:15 P.M. (7:17 P.M.): Sign Code Amendment (First Reading)
a. Mayor Bastian convened the meeting for a public hearing regarding
proposed changes to the Sign Code.
b. Manager McGuire introduced the staff report..
c. Director of Community Development Coleman presented the specifics of the
report.
d. Mayor Bastian opened the public hearing, calling for proponents or opponents.
No one appeared.
e. Mayor Bastian closed the public hearing.
f. Councilmember Rossbach moved to approve first reading of an ordinance
amending the sign code with second reading to be no sooner than the
January27 meetings
Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers
Allenspach, Carlson, Rossbach
Nays - Councilmember Koppen
K. AWARD OF BIDS.
1. Maplewood-in-Motion Bid for 1997
a. Manager McGuire introduced the staff report.
b. Mayor Bastian asked if anyone wished to speak before the Council
regarding this matter. No one appeared.
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c. Councilmember Carlson moved to apt the bid of Nystrom Publishino
~ompan~I~ in the amount of S31 858 56 for publishing twelve issues
(four of which would be primarily Parks & Recreation information) of
Maplewood in Motion in 1997.
Seconded by Councilmember Koppen Ayes - all
T UNFINISHED BUSINESS
i. Pleasantview Park Number 3 Revised Preliminary Plat (Crestview and Lakewood Drives)
a. Manager McGuire introduced the staff report.
b. City Attorney Patrick Kelly presented a report outlining the legal
aspects of approving the plat.
c. Director of Community Development Coleman presented the specifics of the
report.
d. Councilmember Rossbach movPrl to approve the Pleasantview Park Number 3
preliminaryplat (received by
t~ City on October 2 ~ ~~j t
to
the dweloner comp]4ting the following before the City Council approves
the final plat:
L Sign an agreement with the City that guarantees that the
developer or contractor will:
a) Cap and seal any wells on site;
b) Remove any septic systems or drainfields;
c) Remove or demolish the existing detached garage.
2. Provide all easements required by the City Engineer.
3. Pay the City $70 per front foot for cash connection charges for
the new lot on Crestview Drive for the existing sanitary sewer
and water. For proposed Lot 1, this charge will be $5,609.80
($70 x 80.14 feet).
If the developer decides to final plat part of the preliminary plat.
the Director of Community Development may waive any conditions that
do not apply to the final plat.
Seconded by Councilmember Koppen Ayes all
2. Animal & Fowl Ordinance - Second Reading
a. Manager McGuire introduced the staff report.
b. Acting Chief of Police Ryan 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 following Ordinance for second
readingand moved its ado tp ion•
6 11-12-0'
ORDINANCE N0. 764
AN ORDINANCE AMENDING MAPLEWOOD CODE RELATING TO ANIMALS AND FOWL
THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA DOES HEREBY ORDAIN:
Sec. 7-41. Exemptions From Division.
The provisions of this division requiring a permit shall not apply to
owners of certified "seeing-eve" and other handicapped aid dogs owners and
handlers of bonafide working dogs (guard doggy, search dogs, etc) and
nonresidents of the City who are keeping only domestic pets; provided that,
animals domestic pets of such nonresident owners shall not be kept in the
City longer than thirty (30) days annually and the animals are kept under
restraint. (Code 1965, §2022.260)
Sec. 7-52. .Duty of Owners.
1.11 It shall be the obligation and responsibility of the owner or custodian
of any dog in the City, whether permanently or temporarily therein, to
prevent any such dog at any time to be on any street, public park, school
grounds, or public place without being effectively restrained by a chain or
leash not exceeding eight (8) feet in length.
!21 Any person having custody or control of any dog. shall have the
responsibility for cleaning up any feces of the animal and disposing of such
feces in a sanitary manner. It shall furthermore be the duty of each person
having the custody and control of any dog to have on such person possession
of a device or equipment for picking up and removal of animal feces. The
rovisions of this paragraph shall not apply to a guide dog accompanying a
blind person or to a dog when used in police or rescue activities.
(3) No owner or custodian of any dog within the City shall allow said doa
}n ramain outside and unattended for a oeriod exceeding four consecutive
hours For the purRose of this section "outside and unattended" shall mean
tna+ the dog is on or has free access to the exterior grounds of any
premises and the owner or custodian is not physicallypresent and in the
~]panv of said doa.
L41
the~rrerghborhood Owners or custodians of dogs are hereby charged to prevent
their dogs from barking or making other noises which unreasonably disturb
tr1P_ o~ce~uiet of any person. The Rhrase "unreasonably disturb the
peace and quiet' includes but is not limited to the creation of noises. by
said dogs audible o a mace office or animal control officer, outside the
building or premises where the animals are being~ot and which noise occurs
r~o~at_dely over a five minute
oeriod with a time lapse of one minute or less
Failure on the part of the
owner or custodian to prevent a dog rom committing said acts shall be
subject to penalty provided in section 7-20 of this article. (Code 1965,
§1101.080; Ord. No. 368, §2.7-18-74; Ord. No. 549, §1,8-22-83)
Seconded by Councilmember Allenspach Ayes - all
7 11-12-~
J. NEW BUSINESS
1. Temporary Sign Request - Plaza 3000 (Tobacco Deals)
a. Manager McGuire introduced the staff report.
b. Director of Community Development Coleman 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 Koppen moved to approve an exception to the temporary Sian
rnria to allow Tobacco Deals at the Plaza 3000 shopping center an extra
three weeks of time to display a temoorar,~portable sign if they do not
have a sign on the Plaza's lion
~y]on
Seconded by Councilmember Allenspach Ayes - Councilmembers Allenspach,
Koppen
Nays - Mayor Bastian, Councilmembers
Carlson, Rossbach
e. Councilmember Rossbach moved to deny the request for an exception to the
sign code.
Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers
Allenspach, Carlson, Rossbach
Nays - Councilmember Koppen
2. Stop Signs Petition - Ripley / Barclay
a. Manager McGuire introduced 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 was heard:
Chris Benton, 1497 Ripley
d. Councilmember Rossbach
those requests to be consideredere at the May stop sign hearing
Seconded by Councilmember Koppen Ayes - all
3. Bradley St. Watermain, Project 96-16, Feasibility Study
a. Manager McGuire introduced the staff report.
b. Director of Public Works Haider presented the specifics of the report.
c. Mayor Bastian moved to table thi i m mil h Nov mb r 25 meeting in
order to research alternatives including wells for this area
Seconded by Councilmember Carlson Ayes - all
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4. Community Oriented Services
a. Manager McGuire introduced the staff report.
b. Councilmember Koppen moved to approve the concept of establishing a
Community-oriPn~~Services gram and authorize creation of a 1- to 3-
y~ar ommunit~Services Coordinator position.
Seconded by Councilmember Carlson Ayes all
5. Prioritize Council/Manager Workshop Items
a. Manager McGuire introduced the staff report..
b. Following discussion and addition of two more items to the list, it was
agreed that each Councilmember will provide the Manager with a list of
their top five choices, and this item will be discussed at the next
meeting.
6. Repair to Aerial Apparatus
a. Manager Mc6uire introduced the staff report.
b. Fire Chief Hewitt presented the specifics of the report.
c. Councilmember Carlson mpved_t~ nd
- associated cost of t erial ladder apparatus.
and to fund this re gip
'r from the Contingan~y Account.
Seconded by Councilmember Koppen Ayes - all
7. Fire Department Ordinance
a. Manager McGuire introduced the staff report.
b. Fire Chief Hewitt presented the specifics of the report.-
c. Mayor Bastian asked if anyone wi-shed to speak before the Council
regarding this matter. No one appeared.
d. Councilmember Allenspach moved to ap~ove first reading of an ordinance
ama g_fi~y Code Chapter 12 Article IiI adding Sections 12-74
accept the changes regarding the Fire Chief's and Fire Marsha 's duties
and ,powers within the Maplewood City Code Chapter 12. Article III.
Sections 12.73(2) through 12-73(5). (Remove "and volunteer" from .Sec.
12.74)
Seconded by Councilmember Koppen Ayes - all
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K VISITOR PRESENTATIONS
NONE
I COUNCIL PRESENTATIONS
1. Mayor's Update
a. Mayor Bastian announced that the State of the City address by the
Chamber of Commerce will be on January 30, 1997.
b. Mayor Bastian stated he had received a request to close the driving
range at .Amusement City.
c. Mayor Bastian commented he has received information regarding trees
being removed by the developer near Hazelwood and County Road C.
Discussion followed and it was determined the situation had been
resolved.
M ADMINISTRATIVE PRESENTATIONS
1. 40th Anniversary Report.
a. Manager McGuire introduced the staff report.
b. Assistant Manager Dawson presented an update on the activities of the
40th Anniversary Planning Committee.
2. Schedule Meeting With New Legislators
a. Manager McGuire requested Council set a date for a meeting with the new
legislators.
b. Following discussion, it was agreed to attempt to have it as apart of
the December 2 workshop (1st choice) or the morning of December 3.
N ADJOURNMENT OF MEETING
9:17 P.M.
Karen Guilfoile, City Clerk
10 11-12-5