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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