HomeMy WebLinkAbout11-13-2000MINUTES MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, November 13, 2000
Council Chambers, Municipal Building
Meeting No. 00-23
A.
B.
C.
D.
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 Cardinal.
PLEDGE OF ALLEGIANCE
ROLL CALL
Robert Cardinal, Mayor Present
Sherry Allenspach, Councilmember Present
Kenneth V. Collins, Councilmember Absent
Marvin C. Koppen, Councilmember Present
Julie A. Wasiluk, Councilmember Present
APPROVAL OF MINUTES:
Councilmember Allenspach moved to approve the minutes of Meeting No. 00-22 (October 23. 2000) as
presented.
Seconded by Councilmember Wasiluk Ayes -all
Councilmember Allenspach moved to approve the minutes of CounciUManager Worksho~(October 23.
2000) as presented.
Seconded by Councilmember Wasiluk Ayes -all
E. APPROVAL OF AGENDA:
Councilmember Allenspach moved to approve the Agenda as amended:
M1. NEST
M2. Bruentrup Farm
M3. Business Lighted Signs
M4. American Education Week
M5. Water Rates
M6. Historical Commission
Seconded by Councilmember Koppen Ayes -all
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F
G.
APP OINT MENT S/PRESENTATIONS
None
CONSENT AGENDA:
Councilmember Koppen moved to approve the Consent Agenda as presented.
Seconded by Councilmember Wasiluk Ayes -all
1. Approval of Claims
Approved claims.
ACCOUNTS
PAYABLE:
$ 35,492.34 Checks #8399 thru #8400 dated 10/17 thru 10/19/00
$104,816.41 Checks #51849 thru #51918 dated 10/24/00
$ 89,875.44 Disbursements via debits to checking account
dated 10/17 thru 10/23/00
$ 1,775.00 Checks #51919 thru #51922 dated 10/24 thru 10/25/00
$287,477.03 Checks #51923 thru #52029 dated 10/31/00
$165,303.37 Disbursements via debits to checking account
dated 10/24 thru 10/30/00
$109,541.52 Checks #52030 thru #52037 dated 10/31 thru 11/1/00
$261,003.24 Checks #52038 thru #52117 dated 11/7/00
$63,938.71 Disbursements via debits to checking account
dated 10/31 thru 11/06/00
$1,119,223.06 Total Accounts Payable
PAYROLL:
$443,917.27 Payroll Checks and Direct Deposits dated 10/27/00
$24.289.88 Payroll Deduction check #81036 thru #81041 dated 10/27/00
$468,207.15 Total Payroll
$1,587,430.21 GRAND TOTAL
2. Financial Transfer for Unassessed Water Improvement
Authorized an annual transfer of $33,460 from the Water Availability Charge Fund-St. Paul
Water District to the Debt Service Fund for the 1993 Improvement Refunding Bonds to amortize
the cost of unassessed water improvements over the term of the bonds that were issued to finance
the improvements.
3. Increase in City Clerk Department Service Charges
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Authorized a 2.1% increase in City Clerk Department service charges effective January 1, 2001.
4.
Increase in Community Development Department Service Charges
Authorized a 2.1% increase in Community Development Department charges effective January
1, 2001 and approved the first reading of the following ordinance increasing planning fees:
ORDINANCE NO. 807
PLANNING FEES
Section 1.Section 36-26 of the Zoning Code of the City of Maplewood is hereby amended as
follows:
Section 36-26.Fees. The following nonrefundable application fees shall be required:
Zone Change $740
Conditional Use Permit:
Rl & R2 221
Other 786
Conditional Use Permit Revision:
Rl and R2 44
Other 158
Variances
R1 and R2 145
Other 809
Vacations:
Rl and R2 139
Other 541
Lot Divisions (Fee per lot created):
Rl and R2 77
Other 288
Home Occupation Permit (initial permit) 158
(annual renewal) 52
Comprehensive Plan Amendment 1,077
Code Amendment 809
Planned Unit Development 1,192
Preliminary Plat 1,331
Preliminary Plat Revision or Time Extension 210
Final Plat 362
Time Extensions/Renewals 132
Section 2. Section 36 - 258 of the sign code is amended as follows:
Section 36 - 258.Fees.
(1) A sign erection permit fee(except for billboards)shall be $23.
(2) The fee for erection of billboards shall be $87.
(3) The annual license fee for billboards shall be $339.
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Section 3. This ordinance shall take effect on January 1, 2001.
5. Increase in Miscellaneous Service Charges
Authorized a 2.1% increase in miscellaneous service charges effective January 1, 2000 to keep
up with inflation.
6. Appointment of Data Practices Compliance Official
Approved the appointment of the City Clerk as the Data Practices Compliance Official to
comply with specific changes involving the Minnesota Government Data Practices Act. This
Official acts to resolve data practices disputes between the entity and citizens.
7. Cancellation of Second Council Meeting in December
Canceled the second council meeting in December as it falls on Christmas Day which is a legal
holiday. The neat council meeting will be on January 8, 2001.
8. Revise Financing for Harvester Area Streets -Project 98-10
Authorized the finance director to revise the financing for the Harvester Area Street
Improvements, Project 98-10, which is now complete.
9. 2001 SCORE Funding Application
Approved the 2001 SCORE application to the county for a grant in the amount of $71,880 to
repay the city for part of its recycling costs.
10. 2001 Livable Communities Participation
Adopted the following resolution authorizing Maplewood~s 2001 participation in the Local
Housin
g
Incenti
ves
Progra
m
under
the
Metrop
olitan
Livabl
e
Comm
unities
Act.
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RESOLUTION 00-11-101
RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN
THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM
UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT
CALENDAR YEAR 2001
WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes Section 473.25
to 473.254) establishes a Metropolitan Livable Communities Fund intended to address
housing and other development issues facing the metropolitan area defined by Minnesota
Statutes Section 473.121; and
WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base
Revitalization Account, the Livable Communities Demonstration Account, the Local
Housing Incentive Account and the Inclusionary Housing Account is intended to provide
certain funding and other assistance to metropolitan area municipalities; and
WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under
the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites
cleanup funding from the Minnesota Department of Trade and Economic Development
unless the municipality is participating in the Local Housing Incentives Account Program
under the Minnesota Statutes Section 473.254; and
WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council
to negotiate with each municipality to establish affordable and life-cycle housing goals for
that municipality that are consistent with and promote the policies of the Metropolitan
Council as provided in the adopted Metropolitan Development Guide; and
WHEREAS, each city must identify to the Metropolitan Council the actions the city plans to
take to meet the established housing goals through preparation of the Housing Action Plan;
and
WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing,
negotiated affordable and life-cycle housing goals for each participating municipality; and
WHEREAS, a metropolitan area municipality that elects to participate in the Local Housing
Incentives Account Program must do so by November 15 of each year; and
WHEREAS, for calendar year 2001, a metropolitan area city that participated in the Local
Housing Incentive Account program during the calendar year 2000, can continue to
participate under Minnesota Statutes Section 473.254 if: (a) the city elects to participate in
the Local Housing Incentives Account Program by November 15, 2000; and (b) the
Metropolitan Council and the city have successfully negotiated affordable and life-cycle
housing goals for the city:
NOW, THEREFORE, BE IT RESOLVED THAT Maplewood elects to participate in the
Local Housing Incentives Program under the Metropolitan Livable Communities Act during
2001.
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11. Conditional Use Permit Review -Motor Vehicle Sales (2525 White Bear Avenue)
Approved review of the conditional use permit for the motor vehicle sales business at 2525
White Bear Avenue again in one year.
12. Conditional Use Permit Review -Choice Auto Rental (2923 Highway 61 North)
Approved review of the conditional use permit for the motor vehicle rental business at 2923
Highway 61 North again in one year.
13. Adam Graf Fundraiser
Waived $290 in permit and license fees in support of the benefit for Adam Graf, whose
parents died in a house explosion at 2674 Geranium Street. The benefit will be held from
2:00 p.m. to 6:00 p.m. on November 19th at Maplewood Fire Station #1, 1177 Century
Avenue North.
The Council took a moment of silence to remember Clifford and Dawn Graf and U.S. Senator Bruce Vento.
H. PUBLIC HEARINGS:
1. 7:00 P.M. Lot Width and Lot Area Variances (SE Corner of Roselawn Avenue and
Kenwood Drive East)
a. Mayor Cardinal convened the meeting for a public hearing.
b. City Manager Fursman introduced the staff report.
a Community Development Director Coleman presented the specifics of the report.
d. Commissioner Will Rossbach presented the Planning Commission report.
e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Annette Garbers, 800 Roselawn Avenue, Maplewood
Camille Heininger, 796 E. Bellwood Avenue, Maplewood
Kathleen Juenemann, 721 Mt. Vernon Avenue East, Maplewood
Dennis Campbell, the Applicant, 1872 Adele Street, Maplewood
Mayor Cardinal closed the public hearing.
Councilmember Koppen moved to adopt the following resolution changing the zoning for
the lot at the southeast corner of Roselawn Avenue and Kenwood Drive East and for the
property at 800 Roselawn Avenue from R-1 (single-dwelling residential) to R-1S (small-lot
single dwelling residential). The city is approving this change because it meets the findings
required by code and because the applicant is proposing to build a single dwelling on the
vacant property
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RESOLUTION 00-11-102
ZONING MAP CHANGE
WHEREAS, the director of Community Development proposed a change to the zoning map
from R-1 (single dwelling residential) to R-1(S) (small-lot single dwelling).
WHEREAS, this change applies to the undeveloped property on the southeast corner of
Roselawn Avenue and Kenwood Drive East and the property at 800 Roselawn Avenue.
WHEREAS, the legal descriptions of these properties are:
1. The West • rof Lots 4 and 5, Block 1, Parkside Addition, in Section 17, Township
29, Range 22, Ramsey County, Minnesota (PIN 17-29-22-41-0004)
2. The East • rof Lots 4 and 5, Block 1, Parkside Addition, in Section 17, Township 29,
Range 22, Ramsey County, Minnesota (PIN 17-29-22-41-0003)
WHEREAS, the history of this change is as follows:
1. On October 16, 2000, the planning commission recommended that the city council
approve this change.
2. On November 13, 2000, the city council held a public hearing. The city staff
published a notice in the Maplewood Review and sent notices to the surrounding
property owners. The council gave everyone at the hearing an opportunity to speak
and present written statements. The council also considered reports and
recommendations from the city staff and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
change in the zoning map for the following reasons:
1. The proposed change is consistent with the spirit, purpose and intent of the zoning
code.
2. The proposed change will not substantially injure or detract from the use of
neighboring property or from the character of the neighborhood, and that the use of
the property adjacent to the area included in the proposed change or plan is
adequately safeguarded.
3. The proposed change will serve the best interests and conveniences of the
community, where applicable, and the public welfare.
4. The proposed change would have no negative effect upon the logical, efficient, and
economical extension of public services and facilities, such as public water, sewers,
police and fire protection and schools.
5. The owner plans to develop the vacant property with a single dwelling.
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Seconded by Mayor Cardinal Ayes -all
Councilmember Koppen moved to adopt the following resolution fora 15.5-foot variance to
the zoning code to build a house on a corner lot that has 69.9 feet of street frontage (instead
of the 85 feet required by code).
RESOLUTION 00-11-103
LOT AREA AND LOT WIDTH VARIANCE RESOLUTION
WHEREAS, Dennis Campbell of Dennis Campbell Construction applied for a variance from
the zoning ordinance.
WHEREAS, this variance applies to the vacant property on the southeast corner of
Roselawn Avenue and Kenwood Drive East. The legal description is:
The West • rof Lots 4 and 5, Block 1, Parkside Addition, in Section 17, Township
29, Range 22, Ramsey County, Minnesota (PIN 17-29-22-41-0004)
WHEREAS, Section 36-84.3(b) of the Maplewood Code of Ordinances requires a lot width
of at least 85 feet for a corner lot in the R-1(S) zoning district to build a single dwelling.
WHEREAS, the applicant is proposing to build a single dwelling on an existing corner lot
that is 69.5 feet wide.
WHEREAS, this proposal requires a variance of 15.5 feet.
WHEREAS, the history of this variance is as follows:
1. On October 16, 2000, the planning commission recommended that the city council
approve this variance.
2. The city council held a public hearing on November 13, 2000. City staff published a
notice in the Maplewood Review and sent notices to the surrounding property
owners as required by law. The council gave everyone at the hearing an opportunity
to speak and present written statements. The council also considered reports and
recommendations from the city staff and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
variances for the following reasons:
1. A house on this lot is in keeping with the character of the area.
2. The problem is due to circumstances unique to the property not caused by the owner.
3. The variance is in keeping with the spirit and intent of the ordinance.
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Seconded by Mayor Cardinal Ayes -all
2. 7:10 P.M. (7:25 P.M.) Sign Size Variance -Maplewood Covenant Church (2691 White
Bear Avenue)
a. Mayor Cardinal convened the meeting for a public hearing.
b. City Manager Fursman introduced the staff report.
a Community Development Director Coleman presented the specifics of the report.
d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following person was heard:
Stanley E. Stensun -Chairman of the Board of Trustees -Maplewood Covenant
Church
e. Mayor Cardinal closed the public hearing.
Councilmember Koppen moved to adopt the following resolution approving an eight-
square-foot sign-size variance for the Maplewood Covenant Church at 2691 White Bear
Avenue:
RESOLUTION 00-11-104
VARIANCE RESOLUTION
WHEREAS, the Maplewood Covenant Church applied for an eight-square-foot sign size
variance to erect a 40-square-foot ground sign.
WHEREAS, this variance applies to the property at 2691 White Bear Avenue. The legal
description is:
LOTS ONE THROUGH FIVE, HOMELAND ADDITION, RAMSEY COUNTY.
WHEREAS, Section 36-316 (c) requires that ground signs for churches not exceed 32
square feet.
WHEREAS, the applicant is proposing that their new sign have an area of 40 square feet.
WHEREAS, this requires a variance of eight square feet.
WHEREAS, the history of these variances is as follows:
1. On October 17, 2000, the community design review board recommended that the
city council approve this variance.
2. The city council held a public hearing on November 13, 2000. City staff published a
notice in the Maplewood Review and sent notices to the surrounding property
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owners as required by law. The council gave everyone at the hearing an opportunity
to speak and present written statements. The council also considered reports and
recommendations from the city staff and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
variance since:
1. The spirit and intent of the ordinance would be met. The intent of the code is to regulate the
size of church ground signs because churches are typically located in residential
neighborhoods. The intent of the code was to keep sign sizes to an acceptable size so not to
be offensive to neighboring residents. Maplewood Covenant Church, however, is not in a
residential location. The proposed sign would be fit this location since:
a. This church sign would front on White Bear Avenue, a busy commercial
thoroughfare.
b. The church property abuts commercial property with large signs.
a There are no abutting residential properties that would be affected by this
sign.
2. The proposed 40-square-foot ground sign is very modest in terms of its location and
appearance along the White Bear Avenue frontage. The hardship is created by the
ordinance which is overly restrictive in this instance.
3. The applicant would not have any other signs on the property or building.
4. The applicant would remove the existing ground sign.
This approval is conditioned upon the applicant
1. Removing the existing ground sign.
2. Obtaining a sign permit for the new sign.
3. Not exceeding a sign height of eight feet (code requirement).
4. Submitting a landscaping plan, for staff approval, for the area beneath the sign.
Seconded by Councilmember Wasiluk Ayes -all
3. 7:20 P.M. (7:32 P.M.) AT&T Monopole (1745 Cope Avenue)
Conditional Use Permit (CUP)
Design Approval
a. Mayor Cardinal convened the meeting for a public hearing.
b. City Manager Fursman introduced the staff report.
a Community Development Director Coleman presented the specifics of the report.
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d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following persons were heard:
David Monson, owner of business property at 1737 Cope Avenue, home address
12 Lake Court, St. Paul
Peter Beck, representing AT&T Wireless, 33 South Sixth Street, Minneapolis
Julie Townsend, representing AT&T Wireless, 33 South Sixth Street, Minneapolis
Carl Elmquist, owner of business property at 1701-1707 Cope Avenue, home
address 6310 Otter Lake Road, Lino Lakes
David Monson, second appearance
Commissioner Will Rossbach presented the Planning Commission report.
Jim Miller, James Miller Investment Realty Company, the listing broker for the
land immediately to the west of property at 1745 Cope Avenue East
Keith Esala, 1745 Lake Avenue, Maplewood
Peter Beck, second appearance
David Monson, third appearance
e. Mayor Cardinal closed the public hearing.
Councilmember Allenspach moved to deny the conditional use permit and designs plans;
and the proposed monopole, eq~ment building and site plans date-stamped August 14.
2000 and September 12. 2000 based on the following reasons:
1. The proposed use would change the existing or planned character of the surrounding
area.
2. The proposed use and project plans would involve an activity and equipment that
would be detrimental, disturbing or cause a nuisance to persons or nearby property,
because of general unsightliness or other nuisances.
3. The proposed use would not maximize the preservation of and incorporate the site's
natural and scenic features into the development design. There are other locations on
the property that would better use the sites natural and scenic features into the
design.
4. The proposed use could have an impact on property values because of the proximity
to existing businesses and loss of views from Highway 36.
5. The proposed use may affect water run-off and ice accumulation could create a
nuisance.
6. Testimony by two adjoining property owners indicated a willingness to make
alternative locations available for the monopole.
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Alternative sites on the subject property have been identified that would not
negatively impact adjacent buildings and that would fit better with the sites natural
features and at the same time not limit the continued or expanded use of the property.
I.
J.
K.
Seconded by Councilmember Koppen Ayes -all
AWARD OF BIDS
None
UNFINISHED BUSINESS
None
NEW BUSINESS
1. Canvass of the City Question -General Election -November 7, 2000
a. City Manager Fursman introduced the staff report and presented the specifics of the
report.
Mayor Cardinal postponed further discussion on this item until the December 11, 2000
Council/Manager Workshop when all councilmembers could be present. Council directed
staff to lookup the following numbers prior to the meeting on December 11th:
1) Total population
2) Total registered voters
3) Total votes on November 7, 2000
4) Total votes on referendum
5) Who are the 14 communities using Ramsey County for dispatching
6) Who does not use Ramsey County for dispatching
7) Number of absentee ballots cast for referendum
Councilmember Allenspach moved to adopt the following resolution approving the canvass
of election for the November 7. 2000 Cites uestion:
RESOLUTION 00-11-106
CANVASS OF ELECTION
RESOLVED, that the City Council of Maplewood, County, Minnesota, acting as a
canvassing board on November 13, 2000, hereby declares the following results for the
November 7, 2000 City Question.
PUBLIC SAFETY DISPATCH EQUIPMENT AND CITY HALL BUILDING
IMPROVEMENTS
•Shall the City of Maplewood, Minnesota, be authorized to issue its fully registered
general obligation bonds in an amount not to exceed $750,000 to defray the expense
of the acquisition and installation of public safety dispatch equipment and City Hall
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building improvements for the City ?••
Yes 8062
No 8612
Seconded by Councilmember Wasiluk Ayes -all
L. VISITOR PRESENTATIONS
1. Kathleen Juenemann, 721 Mt. Vernon Avenue East, Maplewood -Was present to express
concern regarding the election and absentee ballots.
2. Will Rossbach, 1386 County Road C East, Maplewood - He wanted to know why and if the
bridge across Highway 36 aY Hazelwood Avenue was still in the Capital Improvement Plan.
Finance Director Faust said the Hazelwood bridge was in the five year Capital
Improvement Plan but was not scheduled for neat year. Council said this was a proposed
project for 2003 and would be dealt with at that time.
3. Emil Sturzenegger, 2455 Londin Lane, Maplewood - He wanted to urge the council that
when they are thinking of such bridges as the one crossing Highway 36 at Hazelwood
Avenue that they pay attention to the road situation down in south Maplewood on Lower
Afton Road aY McKnight Road.
M. COUNCIL PRESENTATIONS
1. NEST -Councilmember Wasiluk said that the Met Council will be doing a presentation on
the mainline transit changes in Maplewood, North St. Paul, and Oakdale. This presentation
will take place on November 14, 2000 at 7:30 p.m. at the North St. Paul Community Center.
Councilmember Wasiluk said that the City of Oakdale has decided to rejoin the NEST
program.
2. Bruentrup Farm -Councilmember Wasiluk said that the Preservation Alliance of Minnesota
honored the members of the Maplewood Historical Society and others who were involved
in helping save the Bruentrup Farm.
3. Business Lighted Signs -Councilmember Allenspaoh said that there were a lot of businesses
in Maplewood with lighted signs that are not properly lit. She asked the Maplewood
citizens-help in asking the businesses to light up their signs.
4. American Education Week -Mayor Cardinal said that American Education Week is
November 12th through November 18th and the theme is: Children, Teachers, Parents:
Helping Students Achieve.
5. Water Rates -Mayor Cardinal said that Maplewood has had very favorable rates from the
St. Paul Regional Water Service. Mayor Cardinal said that the rates are going to change just
a little. The winter rates for Maplewood are going to change to $1.54 per 100 cubic feet and
the summer rates will be $1.65 per 100 cubic feet.
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6. Historical Commission -Mayor Cardinal asked if there had been anything done about
recommissioning the Historical Commission. Staff said they would look into this and get
back to the council.
N. ADMINISTRATIVE PRESENTATIONS
1. Council/Manager Workshop, December 11, 2000 -City Manager Fursman said that the
reason for postponing discussion of the dispatching referendum until the December 11th
Council/Manager Workshop was to make sure that the full body of the council would be
present.
2. Drafting Letter to Ramsey County for Dispatching Service -City Manager Fursman said he
would be drafting a letter to Ramsey County notifying them that the city will be needing
dispatch services starting January 1, 2001. The city can cancel the contract after a 120 day
notice.
O. ADJOURNMENT
Councilmember Allenspach moved to adjourn the meeting at 9:03 P. M.
Seconded by Councilmember Koppen Ayes -all
Karen E. Guilfoile, City Clerk
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