HomeMy WebLinkAbout03-30-1998 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, March 30, 1998
Tri-District School, 30 County Road B East
Meeting No. 98-06
A CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota was held at the Tri-
District School, 30 County Road B East, and was called to order at 7:00 P.M. by Mayor
Rossbach.
B PLEDGE OF ALLEGIANCE
C ROLL CALL
George F. Rossbach, Mayor Present
Sherry Allenspach, Councilmember Present
Dale H. Carlson, Councilmember Present
Marvin C. Koppen, Councilmember Present
Kevin Kittridge, Councilmember Absent
D. APPROVAL OF MINUTES
i. Minutes of Council/Manager Workshop (March 2, 1998)
Councilmember Carlson moved to approve the minutes of Council/Manager Meetina of
February 2 1998 as prPP~t-
d~
Seconded by Councilmember Koppen Ayes -Rossbach, Carlson, Koppen
Abstain-Allenspach
2. Minutes of Meeting 98-05 (March 9, 1998)
Councilmember Carlson moved to approve the minutes of Meeting No. 98-05 (March 9.
1998) as r n d
Seconded by Councilmember Allenspach Ayes - All
E. APPROVAI OF AGENDA
Councilmember Carlson moved to approve the Agenda as amended
L1 Mayor's Mailbox
Seconded by Councilmember Koppen Ayes - All
PRFS
NT_~ATIOt~
NONE
G. CON NT A, NDA
All matters listed under the Consent Agenda are considered to be routine by the City
Council and will be enacted by one motion. If a member of the City Council wishes to
discuss an item, that item will be removed from the Consent Agenda and will be
considered separately.
3-30-98 1
-
Councilmember Carlson moved seconded by Councilmember Kop~en• ayes - all to approve
the Consent Agenda Item thru G13 as recommended
1. Approval of Claims
Approved the following claims:
A .0 NT PAYABIE~ $ 62,277.22 Checks # 7423- 7431 Dated 3-02-98 thru 3-04-98
63,919.23 Checks #36614-36732 Dated 3-10-98
37,952.17 Checks # 7432- 7435 Dated 3-06-98 thru 3-11-98
110,807.29 Checks #36735-36846 Dated 3-17-98
1,330.00 Checks # 7436- 7437 Dated 3-13-98 thru 3-24-98
64,696 22 Checks #39849-36939 Dated 3-24-98
S 340,982.13 Total Accounts Payable
PAYROLL: ~ 297,048.05 Payroll Checks and Direct Deposits Dated 3-06-98
48,959.48 Payroll Deduction Check #64226 thru 64240 Dated 3-6-98
286.772.36 Payroll Checks and Direct Deposits Dated 3-ZO-98
48.054 26 Payroll Deduction Checks Dated 3-20-98
8 680,834.15 Total Payroll
~1 021._816.28 GRAND TOTAL
2. Highwood Estates No.4 - Change Conditions
Approved changes to original plat for Highwood Estates 4, reqquiring 120 foot
center line radius on the street adjacent to lots 2 through 5, Block 1 and the
sanitary sewer alignment be between Lots 9 and 10, Block 1.
3. Ariel Street Project 96-20. Supplemental Agreement No.l
Approved Supplemental Agreement for Ariel Street, City Project 96-20.
4. Surplus Equipment/Trucks
Approved as surplus equipment and authorized disposal at state auction a 1985
Chevrolet Blazer and a 1991 1-ton Ford.
5. Goodrich Golf Clubhouse - Off-Sale 3.2 Beer
Approved an off-sale non-intoxicating liquor license application.
6. Gambling Resolution - Pioneer Booster Club at AMF Bowling Centers
Approved the following Resolution:
98-03-22
APPROVING CHARITABLE GAMBLING
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota; that
the premises permit for lawful gambling is approved for Pioneer Booster Club,
Inc. to operate at AMF Maplewood Lanes, 1955 English Street, Maplewood
Minnesota.
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. Statutes No. 349.213.
3-30-98 2
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. Statutes No. 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. Gambling Resolution - Merrick Companies One-Day Permit
Approved the following Resolution:
98 - 03 -23
APPROVING CHARITABLE GAMBLING
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota;
that the temporary premises permit for lawful gambling is approved for Merrick
Companies. Inc. to operate at Sheet Metal Workers #10 (Union Hall), 1681 East
Cope Avenue, Maplewood, Minnesota.
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. Statutes No. 349.213.
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. Statutes No. 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.
8. Disposition of City Canoes
Authorized five canoes and canoe rack be declared excess property and given to Boy
Scout Troop #461. Troop 461 will make canoes and rack available to other
Maplewood non-profit civic organizations.
9. Conditional Use Permit Review - Toyota Service Building (2911 Highway 61 North)
Authorized review of the Conditional Use Permit (CUP) review for Toyota Automobile
Service Center, 2911 Highway 61 North in one year.
10. Conditional Use Permit Review - LaMettry Auto Body Shop (2923 Highway 61 North)
Authorized Conditional Use Permit (CUP) review for LaMettry Automobile Body Shop,
2923 Highway 61 North in one year.
11. Conditional Use Permit Review - Amusement City (1870 Rice Street)
Authorized Conditional Use Permit (CUP) review for Amusement City. 1870 Rice
Street in one year.
12. Conditional Use Permit Review - Super America (11 Century Avenue South)
Authorized review of the Conditional Use Permit (CUP) at Super America, 11 Century
Avenue South only if a problem develops or if the owner proposes major changes to
the site.
3-30-98 3
13. Kohlman Overlook Park Lot Sale
Authorized the City Attorney to draft a purchase agreement in the amount of
550,000 for the sale of Lot 3, Block 1, Kohlman Overlook Park Addition to Terry -
and Marie Schroeder, with specifications that the funds be dedicated to the park
dedication fund.
H. PUBLTC HEARINGS
1. 7:00 P.M.(7:10 P.M.): Nature Center Boardwalk
a. Mayor Rossbach convened the meeting fora public hearing regarding an outdoor
recreation grant project.
b. Manager McGuire introduced the staff report.
c. Director of Parks and Recreation Anderson presented the specifics
of the report.
d. Mayor Rossbach opened the public hearing, calling for proponents
or opponents. No one appeared.
e. Mayor Rossbach closed the public hearing.
Councilmember Carlson moved the following Resolution and moved its
adoR~ion-~
98-03-24
A RESOLUTION TO SUPPORT AN OUTDOOR RECREATION GRANT PROJECT
BE IT RESOLVED that the City of Maplewood act as legal sponsor for the
project contained in the Outdoor Recreation Grant Program Application to be
submitted on March 31, 1998 and that Bruce Anderson is hereby authorized to apply
to the Department of Natural Resources for funding of this. project on behalf of
the City.
BE IT FURTHER RESOLVED that the City of Maplewood has the legal authority
to apply for financial assistance, and the institutional, managerial, and
financial capability to ensure adequate construction, operation, maintenance and
replacement of the proposed project for its design life.
BE IT FURTHER RESOLVED that the City of Maplewood has not violated any
Federal. State, or Local laws pertaining to fraud, bribery, graft, kickbacks,
collusion, conflict of interest or other unlawful or corrupt practice.
BE IT FURTHER RESOLVED that upon approval of its application by the state,
the City of Maplewood may enter into an agreement with the State of Minnesota for
the above-referenced project, and that the City of Maplewood certifies that it
will comply with all applicable laws and regulations as stated in the contract
agreement and described in the Compliances section of the Outdoor Recreation Grant
Program Application.
NOW, THEREFORE BE IT RESOLVED that Bruce Anderson is hereby authorized to
execute such agreements as are necessary to implement the project on behalf of the:..
applicant.
Seconded by Councilmember Koppen Ayes - All
3-30-98 4
2. 7:10 P.M. (7:14 P.M.): Conditional Use Permit - Telecommunications Tower, Western
Hills Park (1750 Adolphus Street)
a. Mayor Rossbach convened the meeting fora public hearing regarding a request
for approval of a Conditional Use Permit (CUP) to erect a monopole for
telecommunications equipment and a height variance.
b. Manager McGuire introduced the staff report.
c. Director of Community Development Coleman presented the specifics
of the report.
d. Commissioner Will Rossbach presented the Planning Commission report.
e. Commissioner Ananth Shankar presented the Community Design Review Board
- Report.
f. Mayor Rossbach opened the public hearing, calling for proponents
or opponents. The following persons were heard:
Peter Coyle, representing applicant, APT American Portable Telecom, Inc.
Deb Montpetit. 1840 Onacrest Court
Richard Gilbert, 1942 E. Kenwood Drive
Theresa Condor, 171 Summer Avenue
_ Cleric Guzak. 380 E. Roselawn
Laureen Sherman, 1867 Beaumont
Thomas Crawforn, 151 E. Summer Avenue
Shirley Walker, 1748 Onacrest Court
Dick Schally, 208 e. Summer Avenue
Joan Button, 1744 Onacrest Curve
Mary Diedrich, 1774 Onacrest Curve
Peter Kraemer, 1778 Onacrest Curve
Shirley Taugner, 1730 Agate Street
Ann Fitch 162 Bellwood Avenue
Richard Fitch. 162 Bellwood Avenue
Jeff Ramsay, 207 Summer Avenue
Pam Mueller, 1825 Onacrest Court
Michelle Meisner, 1741 McMenemy Street
Robert Meisner, 1741 McMenemey Street
Dave Severson, 157 Bellwood
Milo Thompson, 1794 Onacrest Curve
Peter Coyle, representing applicant, APT American Portable Telecom, Inc.
(Second Appearance)
g. Mayor Rossbach closed the public hearing.
Councilmember Carlson moved to deny the Conditional Use Permit (CUP). He also
recommended denial of the requested height variance.
Seconded by Councilmember Allenspach Ayes - All
Motion to deny was based on the following:
1. The use would not be located, designed, maintained, constructed and operated to be
in conformity with the City's Comprehensive Plan and Code of Ordinances.
2. The proposed use would change the existing or planned character of the surrounding
area.
3-30-98 5
3. The applicant, American Portable Telecom, is proposing to install a 165 foot
tall monopole in Western Hills Park at 1750 Adolphus Street.
4. The City has zoned the property F (Farm Residence). The City intends this
zone for farms, residential uses and parks.
5. City staff mailed a notice of the application and proposed development to the
nearby property owners as identified in Ramsey County records.
6. Notice of the application and proposed development was properly made in
reliance upon the appropriate records filed in Ramsey County.
7. The City held a public hearing as required by law.
8. Many citizens spoke opposing the proposed monopole in the park.
9. Objectional testimony by the neighbors included the esthetics of the monopole,
interference with the purpose of the park and other park activities, safety
issues, and decreased property values.
10. Application requested for placement of tower and height of 164 feet. City
Code allows a maximum height of 100 feet without a variance. Residents
testified that the 64 foot variance would not be compatible with the park
uses. The variance would not be in keeping with the spirit and intent of the
ordinance. Residents also testified that they were concerned with the size,
height and placement of the tower and accessory structures.
11. Residents testified concerns with health and safety issues with the proposed
Facility, particularly with the children who would be using the park. Issues
included, but were not limited to: fencing around the tower would create an
attractive nuisance with young children using the park. Residents testified
that the tower would have a significant negative visual and aesthetic impact
on the neighborhood as the tower would occupy the highest point in the park.
12. The City Council noted that the tower does not meet the intent of the current
City ordinance as it is not compatible with the nature of the park, due to the
small size (5 acres) of the park.
13. Allowing a monopole adds more incompatible activities and becomes more of a
burden to the adjacent residential neighborhood including impact on property
values and unsightliness.
14. The tower location according to testimony would utilize a key area of the 5
acre park, such as limiting snow activities of young children.
15. The applicant did not provide evidence that the proposed site is unique and
that the tower is necessary for applicant to provide adequate service.
16. The applicant did not provide evidence of undue hardship to install a 165 foot
monopole.
3. 7:20 P.M.(8:45 P.M.):Delavari Convenience Store (County Road C and Highway 61)
Variance From Residential Zoning District Conditional Use Permit - Fuel Station
and Car Wash Parking Reduction Authorization Design Approval
a. Mayor Rossbach convened the meeting fora public hearing regarding a variance
from residential zoning district Conditional Use Permit (CUP) for a fuel
3-30-98 6
station and carwash.
b. Manager McGuire introduced the staff report.
c. Director of Community Development Coleman presented the specifics
of the report.
d. Commissioner Will Rossbach presented the Planning Commission report.
e. Commissioner Ananth Shankar presented the Community Design Review Board
report.
_ f. Mayor Rossbach opened the public hearing, calling for proponents
or opponents. The following persons were heard:
Alan Kretman, representing applicant, HKS Associates, Inc. 821 Raymond Avenue
_ Suite 100, St. Paul
Rick Sorenson, 1215 E. County Road C
Jim Fenton, 1216 E. County Road C
Claudette Leonard, 2627 Duluth Street
Helen Langness, 1227 E. County Road C
Rick Langness, 1227 E. County Road C
Will Rossbach, 1386 E. County Road C .
g. Mayor Rossbach closed the public hearing.
Councilmember Carlson moved to deny the Conditional Use Permit and zoning
variance.
Seconded by Councilmember Allenspach Ayes - All
Motion to deny the variance was based on the following:
i. Compliance with the ordinance would not cause the developer undue hardship.
There are other reasonable uses for the property that would not need a
variance.
2. Approval of the variance would not be in keeping with the spirit and intent of
the ordinance since it could negatively affect the residentially - planned and
used property.
3. The proposed site is near residentially - planned and used land.
Motion to deny the Conditional Use Permit was based on the following:
1. The use would not be located, designed, maintained, constructed and operated to be
in conformity with the City's Comprehensive Plan and Code of Ordinances. The
proposed use would need a setback variance to meet the standards set in the
Maplewood Zoning Code.
2. The proposed use would change the existing or planned character of the surrounding
area.
3. The use could depreciate property values.
4. The use would involve activities, 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.
3-30-98 7
5. The use would generate traffic on local streets and could create traffic congestion
or unsafe access on existing streets.
6. The use would not 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 could create excessive additional costs for public facilities or services.
8. The use would not maximize the preservation of and incorporate the site's natural
and scenic features into the development design.
9. The proposed use could cause adverse environmental effects.
10. The proposed use and the amount of impervious surface does not meet the intent of
the City Shoreland ordinance.
I. AWARD OF BIDS
1. Sewer Cleaner/Vacuum Machine
a. Manager McGuire introduced the staff report.
b. Councilmember Carlson moved to award bid. in the amount of
not be made until after the egislature determines if and when
sales tax laws will chanoe.
Seconded by Councilmember Allenspach Ayes -
2. Ambulance Purchase
a. Manager McGuire introduced the staff report.
b. Fire Department Chief Hewitt presented the specifics of the
report.
c. Councilmember Carlson moved to award the bid for the purchase of two
amn~~lan e otally $173.698 ($86 849 each) to Road Rescue. Authorizing the
finanring_of $86 000 budgeted in the 1998 Capital Improvement Budget and an
in the Capital Improvement Proaects Fund for fire station parking of
~narades and X25 000 from the Gladstone Fire District Fund
Seconded by Councilmember Allenspach Ayes -
3. Gladstone Ballfield Fencing
a. Manager McGuire introduced the staff report.
b. Councilmember Carlson moved to accept the bid in the amount of
200.00 from Sun rior F n in o one r~ a ba k op and
outfield at Gladstone Community n. r.
Seconded by Councilmember Rossbach Ayes - All
J. UNFINI H D B IN
1. Metcalf Office Facility, Highway 36 - Change of Condition
3-30-98 8
a. Manager McGuire introduced the staff report.
Councilmember Carlson moved to amend condition three of the February 23, 1998
City Council annroval for the imposed Mecalf Mayflower building. The amended
condition will read as follows• Before ge ting the first certificate of
site or obtain a Conditional Use ermit (CUP) for relocating it on the
property.
Seconded by Councilmember Koppen Ayes - All
2. Comprehensive Park and Trail System Plan
a. Manager McGuire introduced the staff report..
b. Director of Parks and Recreation Anderson presented the specifics
of the report.
c. Mayor Rossbach asked if anyone wished to speak before the Council
regarding this matter. No one appeared.
Councilmember Koppen moved to retain Brauer & Associates to a do ate
the Maplewood Comnrehensive Park and Trail System Plan. with the
f no o x dTS37 000.
Seconded by Councilmember Carlson Ayes - All
N WF~B
STNES,~
1. Landscape Plan Review - St. Paul Water Utility Lagoon Rehabilitation Project
(Roselawn Avenue)
a. Manager McGuire introduced the staff report.
b. Community Development Director Coleman presented the specifics of
the report.
c. Mayor Rossbach asked if anyone wished to speak before the Council regarding
this matter. The following person was heard:
Brad Eilts, St. Paul Water Utility
Councilmember Koppen moved to approve
the
laooon landscape lan
dated March 9 1998 submitted by the St Paul Wa r I ili#w
Seconded by Councilmember Carlson Ayes -
2. English Street, Larpenteur to Frost - Project 96-19
Order Feasibility Study
Schedule Public Hearing
a. Manager McGuire introduced the staff report.
Councilmember Koppen moved to dir s aff o prepare an in-hog
feasibility t ~ v for n lish Street from tarp ntPUr Avpn~~a t~
Frost Avenue. for an estimated cot no n axraad X13,000 and t~
schedule a Public Hearing.
3-30-98 9
Seconded by Councilmember Carlson Ayes - All.
3. Harvester Avenue, Century to Stillwater - Project 97-16
Order Feasibility Study
a. Manager McGuire introduced the staff report.
b. Mayor Rossbach asked if anyone wished to speak before the Council
- regarding this matter. No one appeared.
Councilmember Carlson mov d o dir aff to_prepara an ;n-hoi~feasibility
study for Harvester Avenue from Still~•.ater Road to n pry Avenue and Sterling
Street. from Harvester Avenue to Still~•:ater Road for an estimated cost not to
x dee S1 000-
Seconded by Councilmember Koppen Ayes - All
4. Multi-Jurisdictional Training facility
a. Manager McGuire introduced the staff report....
Councilmember Carlson introduced the following Resolution and
mov d i s adoption:
98-03-24
Resolution of Support
Multi-Jurisdictional Law Enforcement Training Center
WHEREAS, well-trained peace officers are better able to assure their own
safety and the safety and constitutional rights of our citizens; and,
WHEREAS, maintaining proficiency in high liability peace officer activities.
including confrontation management, use of force, and lawful searches and arrests.
is a prudent safeguard against expensive litigation and civil lawsuits; and,
WHEREAS, adequate training facilities for unique peace officer skills can be
most economically and efficiently provided through the cooperative efforts of
several neighboring jurisdictions; and
WHEREAS, funds have been provided in the 1998 Minnesota State budget, for a
feasibility study on the development of a consolidated law enforcement center in
the northeast metropolitan Twin Cities area; therefore,
BE IT RESOLVED, that the Council hereby supports development of a training
facility available to peach officers of this and neighboring jurisdictions, on an
equitably shared basis; and,
BE IT FURTHER RESOLVED; that the Council directs and authorizes the Chief of
Police to participate with representatives from other governmental jurisdictions
in helping to plan and coordinate the development of such a facility.
Seconded by Councilmember Koppen Ayes - All
3-30-98 10
I VTSI_TQR PR NT~IION~
NONE
M~OUN I PR NTATIONS
Mayor's Mailbox - Mayor Rossbach congratulated those who participated in the
preparation of the recently open Community Oriented Services Office located at the
Maplewood Mall. Mayor Rossbach also announced upcoming meetings.
N ADMINISTRATI~P~SFNTATIONS
NONE
0 ADJOURNMENT
Councilmember Rossbach moved to adjourn at 10:22 P.M.
Seconded by Councilmember Koppen Ayes - All
3-30-98 11