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HomeMy WebLinkAbout11-13-2001MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Tuesday, November 13, 2001 Council Chambers, Municipal Building Meeting No. 01-27 A. B. C. D. E. CALL TO ORDER: A meeting of the City Council was held in the Maplewood Room, at the Municipal Building, and was called to order at 7:00 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE ROLL CALL Robert Cardinal, Mayor Present Sherry Allenspach, Councilmember Present Kenneth V. Collins, Councilmember Present Marvin C. Koppen, Councilmember Present Julie A. Wasiluk, Councilmember Present APPROVAL OF MINUTES Councilmember Collins moved to approve the City Council Minutes of October 8, 2001 as presented. Councilmember Koppen seconded. Ayes -All Councilmember Wasiluk moved to approve the City Council Minutes of October 22, 2001 as presented. Councilmember Koppen seconded. APROVAL OF AGENDA Ayes -All Councilmember Koppen moved to approve the agenda as amended: M1. NEST Holiday Light Tour M2. Cable Commission Report M3. City Election M4. Hazelwood Street Petition M5. Code Enforcement M6. Business Program M7. Financial Condition Councilmember Wasiluk seconded. M8. Town Life Magazine M9. Council Terms M10. Commission Liaisons M11. Recognition Ceremony M12. City Manager M13. Election Review Ayes-All 1 F. APPOINTMENTS/PRESENTATIONS None G. CONSENT AGENDA Councilmember Collins moved to approve the Consent Agenda items as presented amended. Seconded by Councilmember Koppen. Ayes -all 1. Approval of Claims ACCOUNTS PAYABLE $46,178.31 Checks #55708 thru #55709 dated 10/15/01 $166,170.85 Checks #55710 thru #55767 dated 10/23/01 $398,118.27 Disbursements via debits to checking account dated 10/16 thru 10/22/01 $300.00 Checks #55768 dated 10/24/01 Checks #55769 thru #55836 dated 10/26 thru $453 383.77 , 10/30/01 Disbursements via debits to checking account $3 343 638.54 , , dated 10/23 thru 10/29/01 Checks #55837 thru # 55838 dated 10/30 thru 388.00 10/31/01 Checks #55839 thru #55913 dated 11/2 thru 465,640.96 11/6/01 Disbursements via debits to checking account 83,421.46 dated 10/30 thru 11/05/01 $4,957,240.16 Total Accounts Payable PAYROLL $456,840.92 Payroll Checks and Direct Deposits dated 10/26/01 $26,024.60 Payroll Deduction checks #86326 thru #86330 dated 10/26/01 $482,865.52 Total Payroll $5,440,105.68 GRAND TOTAL 2 2. Donation From State Farm Accepted the $5,980 donation from State Farm Insurance for the purchase of a hazard simulator. 3. Joint Powers Agreement with Ramsey County for Election Equipment Accepted the Joint Powers Agreement for the Replacement of the City Election System and that the City Manger and the City Clerk be authorized to sign and execute the agreement: SEE EXHIBIT A 4. Personal Service License-Norah Bawn Gleason Approved the personal service license for Nora Bawn Gleason for Sister Rosalind's at the Community Center. 5. Gambling Resolution-Maplewood Athletic Association at Guldens Roadhouse Approved to adopt the following resolution to renew the Lawful Gambling License for Gulden's Roadhouse, 2999 N. Highway 61, Maplewood. RESOLUTION O1-11-105 APPROVING CHARITABLE GAMBLING BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for Maplewood Athletic Association to operate at Guldens Roadhouse, 2999 N. Highway 61, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute • 349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit as being in compliance with Minnesota Statute • 349.213. NOW, THEREFORE, BE IT FURTHER RESOLVED thatthis resolution by the City Council of Maplewood, Minnesota be forwarded to the Gambling Control Division for their approval. 6. Surplus Property Disposal Authorized disposal of VEM Units 708, 709, 718, 719, and 983 at the state auction facility. Beverage Contract for Maplewood Community Center Approved awarding Pepsi Cola beverage contract for the Maplewood Community Center. 8. Award Contract for Woodland and County Road D Open Space Prairie Restoration Accepted the recommendation from staff to award Prairie restorations Inc. the contract for site preparation, seeding, mulching and maintenance in the amount of $1,713 per acre with the monies to be allocated from the city's Conservation Partnership Grant. Accepted the Increase in Community Development Department Service Charges Approved the revisions in Community Development License/Permit Fees and Service Charges and approved the first reading of the ordinance to increase planning fees. 10. Increase in City Clerk Department Service Charges Approved an increase in the City Clerk Department service charges of 2.1% effective January 1, 2002, to keep up with inflation. 11. Increase in Miscellaneous Service Charges Approved an increase in miscellaneous service charges of 2.1% effective January 1, 2002 to keep up with inflation. 12. Financial Transfer for Unassessed Water Improvements Approved the authorization of a $33,460 transfer from the Water Availability Charge Fund-St. Paul Water District to the Debt Service Fund for the 1993 Improvement Refunding Bonds. 13. Conditional Use Permit Review-Kline Volvo (3040 Highway 61 North) Reviewed the conditional use permit for Kline Volvo at 3040 Highway 61 North and will review again only if the owner proposes a major change or if a problem develops. 14. Conditional Use Permit Review-Saint Paul Business Center East (2025 Sloan Place) Reviewed the conditional use permit for the St. Paul Business Center East and will review again in one year to ensure compliance of corrections required by staff. 15. Conditional Use Permit Review-Minnesota Waldorf School (70 County Road B East) Reviewed the conditional use permit for the Minnesota Waldorf School and will review again in one year. 16. Conditional Use Permit Condition Clarification-Countryside Volkswagen (1180 Highway 36 E) Amended condition four of the Countryside V W/Saab CUP as follows (deletions are crossed and additions are underlined): 4 4. The city shall reevaluate the need for screening on the south and southeast sides of the property if the property owner proposes changes to the site plan. Presently, however, there is no need for additional screening since the Maplewood Community Design Review Board has determined that the applicant is meeting the city's screening requirements. 17. Resolution of Appreciation for Tim Johnson, Former CDRB member Adopted the following resolution of appreciation for Tim Johnson: RESOLUTION 01-11-106 RESOLUTION OF APPRECIATION WHEREAS, Tim Johnson has been a member of the Maplewood Community Design Review Board since August 28, 1995 and has served faithfully in that capacity; and WHEREAS, the Community Design Review Board has appreciated his experience, insights and good judgment; and WHEREAS, Tim has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Tim has shown dedication to his duties and has consistently contributed his leadership and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Tim Johnson is hereby extended our gratitude and appreciation for his dedicated service and we wish him continued success in the future. 18. Squad Car Replacement Approved the purchase of a new 2001 Ford Crown Victoria squad car to replace a damaged vehicle for $19,600. 19. Bids for Used Vehicles Accepted the bids for used police and forfeited vehicles. 20. Approve Final Purchase Agreements for 209, 211, and 215 E. Larpenteur Avenue, Project 01-19 Approved purchase agreements acquiring the three lots at 209, 211, and 215 East Larpenteur Avenue. 21. Donation for National Night Out Accepted a $100.00 donation from Newman Mechanical, Inc. to be used for Maplewood's National Night Out. G. PUBLIC HEARINGS 7:00 P. M. Assessment Hearing-Supplemental Construction for Driveway Improvements - Tilsen South Neighborhood Street Improvement, Project 00-04DW and Gladstone West Neighborhood Street Improvement Project- City Project 00-05DW a. Mayor Cardinal convened the meeting for a public hearing. b. City Manager Fursman introduced the staff report. City Engineer Ahl presented the specifics of the report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Mike Inserra, 2962 Mary Street, Maplewood e. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to approve the following resolution for the Adoption of the Assessment Roll for Project 01-04DW and Project 00-05DW: RESOLUTION 01-11-107 ADOPTION OF THE ASSESSMENT ROLL 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 Private Driveway Agreements for the Tilsen South Neighborhood Streets and the Gladstone West Neighborhood Streets as described in the files of the city clerk as Project 00-04DW and 00-05DW, 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 made a part hereof and is available in the office of the city clerk and the city engineer, 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 eight years, the first of the installments to be payable on or after the first Monday in January, 2002, and shall bear interest at the rate of 5.8 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, 2001. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the council to reimburse itself in the future for the 6 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 429.051, 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 Collins Ayes-All 2. 7:10 P.M. Hill-Murray High School Chapel Addition (2625 Larpenteur Avenue) a. Conditional Use Permit b. Design Approval a. Mayor Cardinal convened the meeting for a public hearing. b. City Manager Fursman introduced the staff report. c. Assistant Community Development Director Tom Ekstrand presented the specifics of the report. d. Commissioner Dale Trippler presented the Planning Commission report. e. Boardmember Matt Ledvina presented the Community Design Review Board report Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Joe Peshges, President of Hill Murray High School g. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to approve the following resolution approving the resolution and design approval for Hill Murray High School: 7 RESOLUTION 01-11-108 CONDITIONAL USE PERMIT REVISION RESOLUTION WHEREAS, Hill-Murray High School requested that the city revise their conditional use permit for a school. WHEREAS, this permit applies to 2625 Larpenteur Avenue East. The legal description is: Part of the S 1/2 of the SE 1/4 of S 13, T 29N, R22W, Ramsey County, MN (PIN 13-29-22-43-0001) WHEREAS, the history of this conditional use permit is as follows: 1.On October 15, 2001, the planning commission recommended that the city council approve this revised permit. 2. The city council held a public hearing on November 13, 2001. 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 revision, 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 runoff, 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. 8. 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. 10. The city council may waive any of the above requirements for a public building or utility structure, provided the council shall first make a determination that the balancing of public interest between governmental units of the state would be best served by such waiver. Approval is subject to the following conditions: 1. All construction shall follow the plans as noted below: a. For the athletic fields, follow the plans date-stamped March 6, 1998. b. For the school and parking lot addition, follow the plans date-stamped May 19, 1999. c. For the chapel addition, follow the plans date-stamped October 1, 2001. The director of community development may approve minor changes. 2. The proposed construction for the chapel addition must be substantially started within one year of council approval or the permit revision shall end. The council may extend this deadline for one year. 3. The city council shall review this permit annually to monitor the traffic and parking situations related to the use of the athletic fields. 4. Any new lights shall be installed to meet the city code. This requires that they be screened or aimed so they do not cause any light-glare problems on streets or residential properties. 5. Post and maintain signs on the edge of the wetland-protection buffer prohibiting any building, mowing, cutting, filling or dumping within the buffer. Wetland buffer signs in the mowed area shall be placed at the edge of the lawn. 6. That portion of the proposed walking/running path that is within 50 feet of the wetland shall be built with a pervious material. Ensure that all bleachers and dugouts are at least 30 feet from the Sterling Street and Larpenteur Avenue right-of--ways. 8. The city may require the applicant to plant 30 native species of trees for screening between the playing fields and the homes on Knoll Circle, as may be determined at a future hearing on the Conditional Use Permit. 9. The school shall prepare for city approval a turf management plan for the athletic fields. This plan shall include the mowing, watering and fertilizing practices that the school will follow in the care of their athletic fields and grounds. The school shall prepare and follow the plan so the practices will minimize the impact of the storm water runoff on the nearby wetlands. 10. Submit a grading and drainage plan for watershed district approval to provide sedimentation control at the stormwater discharge point before it dumps into the south wetland area. 11. The school shall sweep and restripe the west parking lot before August 15, 2002. B. Approve the plans, date-stamped October 1, 2001, for the proposed chapel addition to Hill-Murray High School at 2625 Larpenteur Avenue. The city bases this approval on the findings required by the code and the project shall be subject to the following conditions: Repeat this review in two years if the city has not issued a building permit for this project. 9 2. Before getting a building permit, the applicant shall submit the following for city staff approval: a. Grading, drainage, utility and erosion control plans to the city engineer. b. Plans that show the trees that the school wants to plant will meet city standards for size and species. The applicant or contractor shall complete the following before occupying the addition: a. Replace property irons that are removed because of this construction. b. Install reflectorized stop signs at all exits, ahandicap-parking sign for each handicap-parking space and an address on the building. c. Post a no left turn sign at the easterly curb cut. d. Paint the roof-top mechanical equipment to match the building color if the units are visible. The applicant shall provide screening enclosures around the units if they are visible from residential properties. e. Install site-security lighting as required by the code. The light source, including the lens covering the bulb, shall be concealed so the light source is not visible and so it does not cause any nuisance to drivers or neighbors. £ Sweep and restripe the west parking lot. g. Meet all the requirements of the fire marshal. 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 work. The amount shall be 150 percent of the cost of the unfinished work. Any unfinished landscaping shall be completed by June 1 if the addition is occupied in the fall or winter or within six weeks if the building is occupied in the spring or summer. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Wasiluk Ayes-All 3. 7:15 P.M. Ramsey County Productive Day Golf Course (Century Avenue and Lower Afton Road) 10 a. Conditional Use Permit b. Design Approval a. Mayor Cardinal convened the meeting for a public hearing. b. City Manager Fursman introduced the staff report. c. Assistant Community Development Director Ekstrand presented the specifics of the report. d. Commissioner Dale Trippler presented the Planning Commission report. e. Boardmember Matt Ledvina presented the Community Design Review Board report f Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: GaylePoradek, 376 O'Day Street, Maplewood Tom Loven, 589 S. Sterling Street, Maplewood Kevin Finley, Ramsey County Parks and Recreation g. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to approved the following resolution for a Conditional Use Permit and Design approval for the Ramsey County Productive Day Golf Course: RESOLUTION 01-11-109 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Ramsey County applied for a conditional use permit to construct anine-hole golf course. WHEREAS, Section 36-52(4) of the city code requires a conditional use permit for golf courses in an F (farm residence) district and Section 36-437(1) requires a conditional use permit for any public service or public building use. WHEREAS, this permit applies to the property located on the west side of Century Avenue between Lower Afton Road and Linwood Avenue. The legal description is: THE E'/z OF THE SE'/4 AND THE SE'/4 OF THE NE'/4 OF SECTION 12, TOWNSHIP 28, RANGE 22, RAMSEY COUNTY, MINNESOTA. WHEREAS, the history of this conditional use permit is as follows: 1. On October 15, 2001, the planning commission recommended that the city council approve this permit. 2. On November 13, 2001, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. 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 11 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. 8. 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 approved site plan. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. 3. The city council shall review this permit in one year. 4. If Ramsey County sells this golf course to a private individual or company, they must request an amendment to the Maplewood Comprehensive Plan to change the plan for this site from G (government) to P (park) or OS (open space). 5. The applicant shall dedicate wetland-buffer easements around each wetland on the golf course property. These easements shall describe the boundaries of the buffers and prohibit any building, mowing, cutting, filling or dumping within the buffers. The applicant shall record the deeds for these easements before the city will issue grading and building permits. (code requirement) The applicant shall check 12 with the city staff for the width of each buffer easement prior to drafting any easement documentation. 6. The applicant shall install wetland buffer signs that prohibit any building, mowing, cutting, filling or dumping within each wetland buffer. (code requirement) 7. The driving range lights shall not be on later than 10:30 p.m. B. Approve the plans (date-stamped September 13, 2001 and September 20, 2001) for the proposed Productive Day Golf Course on the west side of Century Avenue between Lower Afton Road and Linwood Avenue, based on the findings required by the code. The property owner, Ramsey County, shall do the following: 1. Repeat this review in two years if the city has not issued a permit for this project. 2. Provide the following for staff approval before the city issues grading or building permits: a. A detailed grading, drainage and erosion control plan, subject to the city engineer's approval. b. A final landscape plan that clearly depicts the perimeter landscaping across from or behind all dwellings. The applicant shall work with all adjacent homeowners to develop this plan to meet citizens' needs. c. A final, detailed photometric plan for all proposed outdoor lighting. d. A revised site plan showing aright-turn lane into the site from Century Avenue and a signed and striped crossing area between the maintenance building and the golf course. e. The dedication of wetland-buffer easements around each wetland on the golf course property. These easements shall describe the boundaries of the buffers and prohibit any building, mowing, cutting, filling or dumping within the buffers. The applicant shall record the deeds for these easements before the city will issue grading and building permits. The applicant shall check with the city staff for the width of each buffer easement prior to drafting any easement documentation. 3. Complete the following before opening the golf course for business and occupying the clubhouse building: a. Install a reflectorized stop sign at the exit from the Century Avenue driveway. b. Construct a trash dumpster enclosure for any outside trash containers for this facility. (code requirement) The enclosures must be 100 percent opaque, match the color of the building and have a closeable gate that extends to the ground. a Install all required landscaping around the driveway, parking lot and clubhouse. It is understood that the landscaping of the golf course will take place over afive-year time period. d. Install wetland buffer signs that prohibit any building, mowing, cutting, filling or dumping within each wetland buffer. (code requirement) 4. If any required work is not done on or around the clubhouse, clubhouse parking lot, maintenance 13 building and maintenance building parking lot, 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 cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150 percent of the cost of the unfinished work. a The city receives an agreement that will allow the city to complete any unfinished work. 5. All work shall follow the approved plans. The director of community development may approve minor changes. 6. Signs shall comply with the requirements of the sign code and are not part of this approval. 7. Black vinyl-covered chain link fencing is approved around the golf course. The applicant may install a lesser amount but should attempt to install fencing according to the wishes of abutting property owners. Seconded by Councilmember Wasiluk Ayes-All 4. 7:30 P.M. Hillcrest Area Development Moratorium (Second Reading) a. Mayor Cardinal convened the meeting for a public hearing. b. City Manager Fursman introduced the staff report. c. Assistant City Manager Coleman presented the specifics of the report. Mayor Cardinal verified that Walgreens would have the option to apply through the variance provision for purposes of constructing a store. Councilmember Koppen moved to adopt the following Hillcrest Village Moratorium Ordinance: ORDINANCE NO 816 AN ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND DEVELOPING BUILDING AND DESIGN STANDARDS FOR THE HILLCREST VILLAGE REDEVELOPMENT AREA The area under consideration (hereinafter "Hillcrest Village Redevelopment Area") includes land north of Larpenteur Avenue, east of White Bear Avenue, south of Ripley Avenue, and west of Hazel Street; also including properties on the west side of White Bear Avenue located north of Larpenteur Avenue and south of Frost Avenue (refer to Hillcrest Village Redevelopment Area map attached for exact location). The Maplewood City Council ordains: SECTION 1. PURPOSE 1.01 The City of Maplewood, in cooperation with the Metropolitan Council and the City of St. Paul, are currently conducting a smart growth initiative study that includes land use planning components for the 14 Hillcrest Village Redevelopment Area. 1.02 The objective of the study is to design a land use concept for the Hillcrest Village Redevelopment Area This information will help create a livable neighborhood where homes, jobs, and services are linked by walkable streets. 1.03 In addition to the study, the city's zoning ordinance, zoning map, and comprehensive plan may need to be revised to reflect the following issues: Land use Building setbacks Building height Design standards for buildings Pedestrian flow and safety Parking Streetscaping Signage Lighting Landscaping Housing density 1.04 There is a need for these studies to be conducted so that the city can adopt changes to the city's zoning ordinance, zoning map, comprehensive plan, and design standards for the development of the Hillcrest Village Redevelopment Area. SECTION 2. REDEVELOPMENT STUDY; MORATORIUM 2.01 The study is authorized by the city. City staff shall coordinate this study with the Metropolitan Council, City of St. Paul, White Bear Avenue Business Association, hired consultants, property owners, interested citizens, and the city council. 2.02 Upon completion of the study, it shall be presented to the planning commission and community design review board commission for their review and recommendation to the city council. 2.03 A moratorium on development in the Hillcrest Village Redevelopment Area is adopted pending completion of the study and/or the adoption of any amendments to the city's zoning ordinance, zoning map, or comprehensive plan as deemed necessary as a result of the study. The city will not approve any subdivision or building permit for a new building during the moratorium period. The city may issue building permits for the expansion or remodeling of existing structures. SECTION 3. TERM 3.01 The term of ordinance shall be for one year or until such time as the city council adopts amendments to the city's zoning ordinance, zoning map, or comprehensive plan as deemed necessary as a result of the study. SECTION 4. VARIANCES 4.01 Variances from this ordinance maybe granted by the city council based upon a determination that a 15 proposed subdivision or development would be compatible with proposed land use and zoning, and that such proposals would keep with the spirit and intent of this ordinance. The procedures to be followed in applying for a variance from this ordinance shall be in accordance with state law on findings for variances and shall include the following: a. The applicant shall file a completed application form, together with required exhibits, to the Community Development Department. The application for a variance shall set forth special circumstances or conditions which the applicant alleges to exist, and shall demonstrate that the proposed subdivision or development is compatible with existing or proposed land use and zoning. a The application shall be submitted to the planning commission for their review and recommendation to the city council. d. The city council may in its discretion set a public hearing prior to making a final determination on the requested variance. The city council may impose such restrictions upon the proposed subdivision or development as maybe necessary to comply with the purpose and intent of this ordinance. Seconded by Councilmember Collins Ayes-All 5. 7:45 P.M. Assessment Hearing -Southcrest Avenue Retaining Wall Repair and Drainage Improvement, City Project 01-24 a. Mayor Cardinal convened the meeting for a public hearing. b. City Manager Fursman introduced the staff report. a City Engineer Ahl presented the specifics of the report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Mark Strong, 2620 Southcrest Avenue, Maplewood Pamela Goossen, 2610 Southcrest, Maplewood e. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to approve the resolution adopting the assessment roll for the retaining wall repair and drainage improvements: RESOLUTION O1-11-110 ACCEPTING REQUEST FOR IMPROVEMENT TO RETAINING WALL AND EASEMENT AWARDING CONSTRUCTION CONTRACT DESIGNATING 100% OF COST TO BE ASSESSED APPROVING ASSESSMENT ROLL 16 CALLING PUBLIC HEARING WHEREAS, property owners at 2610 Southcrest Avenue and 2620 Southcrest Avenue have requested repair of a retaining wall and repair of a drainage easement and slope, and to assess their benefited property for all of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported the cost of said improvement to be $12,940, and WHEREAS, the proposed project is necessary, cost-effective, and feasible, and WHEREAS, the City Engineer has prepared a plan for repair of said retaining wall and drainage easement, and WHEREAS, two quotes have been received for said improvement project and K.A. Kamish Excavation was the lowest responsible bidder, and WHEREAS, the City Clerk and City Engineer have prepared an assessment roll for 100% of the cost of the improvement and filed the roll in the office of the City Clerk for public inspection, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The request by the property owners at 2610 Southcrest and 2620 Southcrest is hereby declared adequate and in conformity to Minnesota Statutes, Chapter 429.035. 2. Such improvement is necessary, cost-effective, and feasible. 3. Such improvement is hereby ordered as proposed. 4. Such plans as prepared by the City Engineer are hereby approved. 5. The Mayor and City Manager are hereby authorized and directed to enter into a construction contract with K.A. Kamish Excavation in the amount of $12,940 for the improvement work as shown on the approved project plans. 6. The total cost of the project shall be assessed against benefiting property owners. 7. Assessments shall be payable in equal annual installments extending over a period of eight (8) years, the first of the installments to be payable on or before the first Monday in January, 2002, and shall bear interest at the rate of 5.8 percent per annum from the date of the adoption of the assessment resolution. 8. A public hearing shall be held on the 13a' day of November, 2001, in the council chambers of city hall at 7 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 17 9. The clerk shall give mailed and published notice of such hearing and improvement as required by law. 10. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. The owner may at any time thereafter, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Seconded by Councilmember Wasiluk Ayes-All I. AWARD OF BIDS None J. UNFINISHED BUSINESS 1. Maplewood Community Center Dehumidification System a. City Manager Fursman introduced the staff report. b. Finance Director Dan Faust presented the specifics of the report. Councilmember Koppen moved to accept the staff recommendation that Snell Mechanical Be approved as the low bid for the project at $77,630.00 and MSD incorporated by awarded the engineering contract at $8,850 with the monies to be financed as outlined by Finance Director Dan Faust. Seconded by Councilmember Wasiluk Ayes-All K. NEW BUSINESS 1. Resolution Directing Acquisition of Tax-Forfeit Lands for Public Purpose: Budd Kolby 4a' Add, Outlot B, Southwind Townhomes, CIC No. 306, Outlot A and Outlot B a. City Manager Fursman introduced the staff report. b. Engineering Director Chuck Ahl presented the specifics of the report. Councilmember Koppen moved to adopt the resolution that approves designating three parcels of tax-forfeited land for acquisition for public purposes: RESOLUTION O1-11-111 DESIGNATING TAX-FORFEIT LANDS FOR ACQUISITION FOR PUBLIC PURPOSE WHEREAS, certain parcels within the City of Maplewood have been designated by Ramsey County as 18 forfeited due to non-payment of real estate taxes, and WHEREAS, Ramsey County has notified the City of Maplewood of these parcels and said parcels have been classified by Ramsey County as non-conservation, and WHEREAS, Minnesota Statute 282.01, Subd. 1, provides that the City may request a conveyance of said land for public purpose, and WHEREAS, final information on the fees and documentation to acquire public use deeds is not available. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the City of Maplewood hereby requests Ramsey County to withhold from public sale the following three (3) parcels for a period not to exceed six months, and further, that Ramsey County provide the City Engineer with all information related to acquisition of public use deeds for said parcels for purposes as noted. PIN # Property Description Public Purpose 13-28-22-21-0037 Budd Kolby 4~' Add, Outlot B Utility and Roadway 14-29-22-43-0039 Southwind Townhomes, CIC No. 306, Outlot A Drainage and Trail 14-29-22-44-0053 Southwind Townhomes, CIC No. 306, Outlot B Drainage and Trail Seconded by Councilmember Collins Ayes-All 2. Resolution Authorizing Preparation of Preliminary Report for Improvement to Gladstone Park as Part of English Street Improvement- City Project 01-23 a. City Manager Fursman introduced the staff report. b. City Engineer Ahl presented the specifics of the report. Councilmember Koppen moved to adopt the resolution authorizing preparation of a preliminary report on the improvement of an 8-lot subdivision at Gladstone Park and hat a proiect budget of $6,000 be established: RESOLUTION 01-11-112 ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to develop an 8-lot subdivision at Gladstone Park on the eastern side of English Street and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, 19 MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $6,000 are appropriated to prepare this feasibility report. Seconded by Councilmember Wasiluk Ayes -All 3. Resolution Directing Modification of Construction Contract -Change Order Nos. 1, 2, & 3 for Tilsen South Street Improvements, City Project 00-04 a. City Manager Fursman introduced the staff report. b. City Engineer Chuck Ahl presented the specifics of the report. Councilmember Collins moved to adopt the resolution directine modification of the construction contract in the amount of $392,099.62 by approving Change Orders No. 1, 2, 3: RESOLUTION 01-11-113 DIRECTING MODIFICAITON OF EXISTING CONSTRUCTION CONTRACT Whereas, the City Council of Maplewood, Minnesota has heretofore ordered improvements to the Tilsen South Neighborhood Streets, Project 00-04, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and Whereas, it is now necessary and expedient that said contract be modified and designated as Improvement Project 00-04, Change Orders 1, 2, and 3, Now, therefore, be it resolved by the City Council of Maplewood, Minnesota that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 1 in the amount of $187,042.74, Change Order No. 2 in the amount of $154,798.35 and Change Order No. 3 in the amount of $50,258.53. The total increase for the three change orders is $392, 099.62. The revised contract amount is $1,710, 654.35. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. The project budget is increased by $392, 099.62. Seconded by Councilmember Allenspach Ayes -All 4. Canvass of the November 6, 2001 General Election a. City Manager Fursman introduced the staff report. Councilmember Collins moved to adopt the resolution certifying the Results of the General Election: See Exhibit B 20 Seconded by Councilmember Wasiluk Ayes -All 5. Change of Council Meeting Date, December 24, 2001 a. City Manager Fursman introduced the staff report. Councilmember Collins Seconded by Councilmember Wasiluk Ayes -All L. VISITOR PRESENTATIONS 1. Kathy Juenemann 721 Mount Vernon, Maplewood. The open house for the Public Safety Dispatch Center will be On December lsr at 9:00 a.m. 2. Greg Votel-1730 Atlantic Street, Maplewood, voiced complaints about a completed street project. 3. David Raiter -1246 Ripley, Maplewood, was also disappointed with the lack of quality in the street project. M. COUNCIL PRESENTATIONS 1. NEST Holiday Light Tour-Tuesday, December 4~' at a cost of $8.00 per person. 2. Cable Commission Report-After researching other options, the commission realized what a good option the current location is. 3. City Election-Mayor Cardinal felt Campaign Election Reform needs to be researched. 4. Hazelwood Street Petition-A request was made from residents to not continue this project. 5. Code Enforcement-Mayor Cardinal felt code enforcement should be removed from the Community Development Department and put the responsibility in the Police Department. 6. Business Program-Councilmember Koppen would like to see the visiting of city business's by the Councilmembers and city staff. 7. Financial Condition-Mayor Cardinal brought to the council's attention a 10-point test that evaluates the financial condition of cities of similar size. 8. Town Life Magazine-Mayor Cardinal would like to see an article that mentioned Councilmember Julie Wasiluk in this publication be put in the neat Maplewood in Motion. 9. Council Terms-The new Councilmember will be swearing in January 2002. 10. Commission Liaisons-If there are Councilmembers that have interest in different commissions they may want to serve as liaison and report back to the council. 11. Recognition Ceremony-A ceremony will be held in the near future to recognize retiring City Council members. 12. City Manager-Asked Mr. Fursman to address any big items in the works. 13. Election Review Results-243 absentee ballots were cast for the general election. N. ADMINISTRATIVE PRESENTATIONS None 21 O. ADJOURNMENT Councilmember Allenspach moved to adjourn the meeting at 9:08P.M. Seconded by Councilmember Koppen Ayes -All 22