HomeMy WebLinkAbout09-10-2001AGENDA
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, September 10, 2001
Council Chambers, Municipal Building
Meeting No. 01-19
A.
B.
C.
D.
CALL TO ORDER
A meeting of the City Council was held in the Council Chambers 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 Absent
Marvin C. Koppen, Councilmember Present
Julie A. Wasiluk, Councilmember Present
APPROVAL OF MINUTES
1. Minutes of Meeting 01-18 (August 27, 2001)
Councilmember Allenspach moved to approve the minutes of Meeting No. 01-18 (August 27.
2001) as presented.
Seconded by Councilmember Wasiluk Ayes-All
2. Minutes of CounciUManager Workshop Meeting (August 27, 2001)
Councilmember Wasiluk moved to approve the minutes of CounciUMan~er Workshop No. 01-18
(August 27, 2001) as presented.
E.
APPROVAL OF AGENDA
M1. School District 622 and 623 M5. Bruentrup Farm
M2. Police Cost Help N1. Cancellation of Budget Workshop
M3. Voting Equipment Grant Account
M4. Field and Park Use for Non-
Residents
Councilmember Koppen moved to approve the agenda as amended
F. APPOINTMENTS/PRESENTATIONS
A moment of silence was held in remembrance of Russ Allen, a member of the Maplewood Gladstone
Fire Department for over 60 years.
G. CONSENT AGENDA
Councilmember Allenspach moved to approve the Consent Agenda items 2-7 as presented.
Seconded by Councilmember Wasiluk Ayes-All
Mayor Cardinal moved to approve the Consent Agenda item 1 as presented.
Seconded by Councilmember Koppen Ayes-All
1. Approval of Claims
ACCOUNTS
PAYABLE
$196,220.63 Checks #55167 thru #55228 dated 8/28/01
$77,340.89 Disbursements via debits to checking account
dated 8/21 thru 8/27/01
$320,841.82 Checks #55229 thru #55231 dated 8/30/01
$568,824.77 Checks #55232 thru #55298 dated 8/31 thru 9/4/01
$49,817.88 Disbursements via debits to checking account
dated 8/28 thru 8/31/01
$1,213,045.99 Total Accounts Payable
PAYROLL
$343,682.64 Payroll Checks and Direct Deposits dated 8/31/01
$23,109.48 Payroll Deduction check #85487 thru #85490 dated 8/31/01
$366,792.12 Total Payroll
$1,579,838.11 GRAND TOTAL
2. Amendments to the MLC Joint and Cooperative Agreement
Insert Resolution 01-09-73
3. Livable Communities Act-2002 Participation
Adopted the following resolution for Maplewood's 2002 participation in the local Housing
Incentives Program under the Metropolitan Livable Communities Act.
RESOLTUION 01-09-74
RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN
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THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM
UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT
CALENDAR YEAR 2002
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 2002, a metropolitan area city that participated in the Local
Housing Incentive Account program during the calendar year 2001 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, 2001; 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 2002.
4. Conditional Use Permit Review - St. Paul Business Center West (225-255 Roselawn Avenue
East)
Accepted staffs recommendation to review the conditional use permit for the Saint Paul
Business Center West at 225-255 Roselawn Avenue again in five years.
5. Food Safety Month
Adopted the proclamation declaring the month of September 2001 as Food Safety Month.
6. Change of Manager -Chipotle Mexican Grill
Approved the liquor license application for Mathew Alan Willius at Chipotle Mexican Grill
located at 2303 White Bear Avenue.
Emerald Townhomes Final Plat (County Road D)
Approved the Emerald Estates Townhome final plat, subject to the developer recording the plat
and homeowner's association documents with the county.
H. PUBLIC HEARINGS
1. 7:00 Bush Avenue Improvements, Project 01-04 (4 Votes)
A. Ordering Improvement after Public Hearing
a. City Manager Fursman introduced the staff report.
b. Larry Baer, TKDA, 444 Cedar Street, St. Paul, the consulting engineers for the
city, presented the specifics of the report.
a Mayor Cardinal opened the public hearing, calling for proponents or opponents.
The following persons were heard:
Eileen Davidson, 799 Meyer Street, Maplewood
Bill Tulip
Nancy Rogers, 2384 Bush Avenue, Maplewood
Steve Malm, 2338 Bush Avenue, Maplewood
d. Mayor Cardinal closed the public hearing.
Mayor Cardinal moved to adopt the following resolution ordering the improvement of Bush
Avenue, from Stillwater Road to Bartelmy Lane:
RESOLUTION 01-09-75
ORDERING IMPROVEMENT AFTER PUBLIC HEARING
WHEREAS, a resolution of the city council adopted the 27th day of August, 2001, fixed
a date for a council hearing on the proposed improvements of Bush Avenue from Stillwater Road
to Bartelmy Lane, City Project 01-04,
AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing
was given, and the hearing was duly held on September 10, 2001, and the council has heard all
persons desiring to be heard on the matter and has fully considered the same;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA, as follows:
2.
1. That it is necessary, cost-effective and feasible, as detailed in the feasibility
report, that the City of Maplewood make improvements on Bush Avenue, from Stillwater Road
to Bartelmy Lane, City Project 01-04.
2. Such improvement is hereby ordered as proposed in the council resolution
adopted the 10th day of September, 2001.
3. The city engineer is designated engineer for this improvement and is hereby
directed to prepare final plans and specifications for the making of said improvement.
4. The finance director is hereby authorized to make the financial transfers
necessary to implement the financing plan for the project. A project budget of $325,000 shall be
established. The proposed financing plans is as follows:
Assessments
General city tax levy
Total
$111,800 (34.4%)
$213,200 (65.6%)
$325,000
Seconded by Councilmember Koppen Ayes-All
7:10 Sobriety High School Conditional Use Permit (2055 White Bear Avenue)
a.
b.
c.
d.
City Manager Fursman introduced the staff report.
Director of Community Development Coleman presented the specifics of the report.
Lorraine Fisher, Maplewood Planning Commission
Lew Moran, Representing Sobriety High School
Jim Czarniecki, CEO, Sobriety High School
Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Mayor Cardinal closed the public hearing.
Councilmember Allenspach moved to approve the following resolution approving a conditional
use permit for the Sobriety high School to operate in the building at 2055 White Bear Avenue:
RESOLUTION 01-09-76
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Mr. Lew Moran, representing Sobriety High School, is requesting that Maplewood
approve a conditional use permit for a high school to operate in an existing office/warehouse
building.
WHEREAS, this permit applies to the property at 2055 White Bear Avenue. The legal
description is:
SABIN GARDEN LOTS, SUBJECT TO ROAD; EXCEPT PART OF LOTS 4, 5 & 6 BLK 6
DESCRIBED AS COM AT SW CORNER OF SAID LOT 6 THEN NELY ON WESTERLY
LINE SAID LOT 6 FOR 28 FT TO BEG; THEN SELY PAR TO SOUTHERLY LINE SAID
LOT 6 FOR 391.56 FT THE NELY DEF LEFT 90 DEGREES FOR 263.26 FT THEN NWLY
DEF LEFT 90 DEG FOR 270.39 FT TO POINT ON WLY LINE SAID LOT 4 SAID POINT
BEING 318 FT NE OF SAID SW CORNER OF SAID LOT 6 THE SWLY TO BEGINNING;
THE FOLLOWING PART OF SAID LOTS 4.5 & 6 LYING SLY OF A LINE DESCRIBED AS
BEGINNING AT POINT ON WL SAID LOTS 368 FT NLY FROM SW CORNER SAID LOT
6 THEN SELY TO POINT ON EL OF SAID LOT 5 SAID POINT BEING 368 FT NORTH
FROM SE CORNER OF SAID LOT 6 & THERE TERMINATING (PIN 15-29-22-11-0050)
WHEREAS, the history of this conditional use permit is as follows:
1. On August 20, 2001, the planning commission recommended that the city council approve
this permit.
2. On September 10, 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 staff and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the council approve the above-described
conditional use permit based on the building and site plans. The city approves this permit
because:
1. The use would be located, designed, maintained, constructed and operated to be in
conformity with the Maplewood'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.
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 provided the council
determines that the balancing of public interest between governmental units would be best
served by such a waiver.
Approval is subject to the following conditions:
1. All construction shall follow the plans dated July 25, 2001, as approved by the city. The
director of community development may approve minor changes.
2. The proposed school must be started in this location within one year after council approval
or the permit shall end. The council may extend this deadline for one year.
3. The school shall have no more than 50 students.
4. The property owner or manager shall sweep and restripe the parking lot before the school
occupies their space.
5. The city council shall review this permit in one year.
Seconded by Councilmember Wasiluk. Ayes-All
3. 7:20 Walgreens (1706 White Bear Avenue)
A. Parking Lot Setback Variances
B. Parking Reduction Authorization
C. Design Approval
a. City Manager Fursman introduced the staff report.
b. Director of Community Development Coleman presented the specifics of the
report.
a Mayor Cardinal opened the public hearing, calling for proponents or opponents.
The following persons were heard:
Matt Ledvina, Maplewood Community Design Review Board
John Koehler, Semper Development
Rose Meister, Meister Investments, 1971 N. 6~' Street, N. St. Paul, MN
d. Mayor Cardinal closed the public hearing.
Councilmember Koppen moved to table the requests associated with Semper Development's
proposal to develop a Walgreens drugstore at 1706 White Bear Avenue: 1) 3-foot
parking lot setback variance: 2Zspecial authorization for reduced parking: and 3) overall
development plans as shown on the plans date-stamped July 26. 2001, until the September 24.
2001 City Council Meeting.
Seconded by Councilmember Wasiluk. Ayes-All
I. AWARD OF BIDS
J. UNFINISHED BUSINESS
1. Code Amendment - F (Farm Residence) District (Second Reading)
a. City Manager Fursman introduced the staff report.
Councilmember Allenspach moved to approve the following ordinance amendment in order to
allow landscaping and other similar businesses in the farm zone with a conditional use permit.
ORDINANCE 814
AN ORDINANCE AMENDING THE FARM RESIDENCE DISTRICT
The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances:
Section 1. This amendment adds subdivision (5) to Section 36-52 (Farm Residence District Conditional
Uses) (additions are underlined):
Section 36-52. Conditional uses.
The following uses maybe permitted by conditional use permit:
(1) Any use allowed by conditional use in the R-1 Residence District, except that equipment and
vehicles used for on-site farming or equipment and vehicles used for an on-site landscaping
business, or any other similar business approved with a conditional use permit as described
in Section 36-52(~ below, shall be a permitted use.
As an accessory use to residential property, a landscaping business, or any other similar use that
is determined to be the same general character as a landscape business, if on a parcel of land
which is four (4) acres or lamer. Where there is a question concerning the appropriateness of a
similar use as a conditional use within the farm residence district, the planning commission shall
review the question and forward a recommendation to the city council for final determination.
The landscaping or similar type business must meet the findings for a conditional use permit as
well as the following:
a. No exterior storage of commercial vehicles, equipment, or material associated with the business.
Storage of these items must be in an approved accessory structure that meets the findings below:
1. The accessorv structure must meet the size and height reauirements as snecified in
Section 36-77 (Accessory Structures
2. When adjacent a residential lot, the accessory structure must comply with the setback
requirements specified in Section 36-28(c)(6)(b) (Additional Design Standards). When
adjacent to a commercial lot, the accessory structure must comply with Section 36-71 and
36-72 (Residential Side and Rear Setbacks for Accessory Structures
3. When adjacent a residential lot, the accessory structure, and other areas of the lot where
deemed necessary, shall comply with Section 36-27(a). (b). (c), and (d) (Landscaping and
Screening).
b. No more than one (1) nonresident employee shall be allowed to work on the premises.
a The hours of operation are limited to 7 am. to 7 p.m., Monday through Saturday.
Seconded by Councilmember Koppen Ayes-All
2. Code Amendment-Rezonings (Second Reading)
a. City Manager Fursman introduced the staff report.
Councilmember Wasiluk moved to approve the following proposed ordinance amendment
changing the voting requirements for zoning code amendments and zoning map chances:
ORDINANCE 815
AN ORDINANCE AMENDING THE AMENDMENTS AND CHANGES ARTICLE
Section 1. This amendment revises Section 36-484 (Council Vote Required) (additions are underlined
and deletions are stricken):
Section 36-484. Council vote required.
The city council may adopt and amend a zoning ordinance, including an amendment to this chapter
which includes the zoning map, by a maiority *~- vote of all its members. An exception to this
requirement is the adoption or amendment of any portion of a zoning ordinance that changes all or part
of the existing classification of a zoning district from residential to commercial or industrial. In this
case, the city council must approve such a change by atwo-thirds majority vote of all its members.
Seconded by Councilmember Koppen Ayes-All
K. NEW BUSINESS
1. Deer Management Program -Update
a. City Manager Fursman introduced the staff report.
b. Community Oriented Services Director Colleen Callahan the specifics of the report.
Councilmember Koppen moved to accept the report on deer management.
Seconded by Councilmember Wasiluk Ayes-All
2. Bush Avenue Improvements, Project 01-04
A. Approving Plans and Advertising for Bids
B. Ordering Preparation of Assessment Roll
C. Ordering Assessment Hearing
a. City Manager Fursman introduced the staff report and presented the specifics of
the report.
Councilmember Koppen moved to adopt the following resolutions for the Bush Avenue
Improvements. Project 01-04:
RESOLUTION 01-09-77
APPROVING PLANS AND ADVERTISING FOR BIDS
WHEREAS, pursuant to resolution passed by the city council on September 10, 2001,
plans and specifications for Bush Avenue Improvements, Project 01-04, have been prepared by
(or under the direction of) the city engineer, who has presented such plans and specifications to
the council for approval,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1. Such plans and specifications, acopy of which are attached hereto and made a
part hereof, are hereby approved and ordered placed on file in the office of the city clerk.
2. The city clerk shall prepare and cause to be inserted in the official paper and in
the Construcrion Bullerin an advertisement for bids upon the making of such improvement under
such approved plans and specifications. The advertisement shall be published twice, at least ten
days before the date set for bid opening, shall specify the work to be done, shall state that bids
will be publicly opened and considered by the council at 10 a.m., on the 5th day of October,
2001, at the city hall and that no bids shall be considered unless sealed and filed with the clerk
and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota
for five percent of the amount of such bid.
3. The city clerk and city engineer are hereby authorized and instructed to receive,
open, and read aloud bids received at the time and place herein noted, and to tabulate the bids
received. The council will consider the bids, and the award of a contract, at the regular city
council meeting of October 8, 2001.
RESOLUTION 01-09-78
ORDERING PREPARATION OF ASSESSMENT ROLL
WHEREAS, the city clerk and city engineer will receive bids for the improvement of
Bush Avenue, from Stillwater Road to Bartelmy Lane, City Project 01-04.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the
proper amount to be specially assessed for such improvement against every assessable lot, piece
or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by
law, and they shall file a copy of such proposed assessment in the city office for inspection.
FURTHER, the clerk shall, upon completion of such proposed assessment notify the
council thereof.
RESOLUTION 01-09-79
ORDERING ASSESSMENT ROLL HEARING
WHEREAS, the clerk and the engineer have, at the direction of the council, prepared an
assessment roll for the construction of Bush Avenue, from Stillwater Road to Bartelmy Lane,
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City Project 01-04, and the said assessment is on file in the office of the city clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA:
1. A hearing shall be held on the 8th day of October, 2001, at the 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.
2. The city clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published in the official newspaper, at least two weeks prior to the hearing, and
to mail notices to the owners of all property affected by said assessment.
3. The notice of hearing shall state the date, time and place of hearing, the general
nature of the improvement the area to be assessed, that the proposed assessment roll is on file
with the clerk and that written or oral objections will be considered.
4. Ripley Avenue Improvements, VanDyke Street to White Bear Avenue, Project 99-12
A. Approving Plans and Advertising for Bids
a. City Manager Fursman introduced the staff report and presented the specifics of the
report.
Councilmember Koppen moved to adopt the following resolution to Approve Plans and
Advertising for bids for the Ripley Avenue Improvements.
RESOLUTION 01-09-80
APPROVING PLANS and ADVERTISING FOR BIDS
WHEREAS, pursuant to resolution passed by the city council on July 26, 2001, plans and
specifications for Ripley Avenue, from White Bear Avenue to VanDyke Street, Project 99-12,
have been prepared by (or under the direction of) the city engineer, who has presented such plans
and specifications to the council for approval,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
1. Such plans and specifications, acopy of which are attached hereto and made a
part hereof, are hereby approved and ordered placed on file in the office of the city clerk.
2. The city clerk shall prepare and cause to be inserted in the official paper and in
the Construcrion Bullerin an advertisement for bids upon the making of such improvement under
such approved plans and specifications. The advertisement shall be published twice, at least ten
days before the date set for bid opening, shall specify the work to be done, shall state that bids
will be publicly opened and considered by the council at 10 a.m., on the 5th day of October,
2001, at the city hall and that no bids shall be considered unless sealed and filed with the clerk
and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota
for five percent of the amount of such bid.
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3. The city clerk and city engineer are hereby authorized and instructed to receive, open,
and read aloud bids received at the time and place herein noted, and to tabulate the bids received.
The council will consider the bids, and the award of a contract, at the regular city council
meeting of October 8, 2001.
4. Water Commission Appointments
a. City Manager Fursman introduced the staff report and presented the specifics of the
report.
The council supported City Manager Fursman's stand on the Water Commissions
Appointments and recommend he continue to pursue his plans.
5. Set Budget Hearing Dates for 2002 Budget
a. City Manager Fursman introduced the staff report and presented the specifics of the
report.
Councilmember Collins moved set the budget hearing date for Monday, December 10th at 6:00
p.m.
Seconded by Councilmember Allenspach. Ayes-All
6. Set Date-Canvass of Election
a. City Manager Fursman introduced the staff report and presented the specifics of the
report.
Councilmember Wasiluk moved to set a special meeting on Thursday, September 13, at 5:00
p.m. in the Council Chambers for the purpose of certifying the results of the election.
Seconded by Councilmember Koppen. Ayes-All
L. VISITOR PRESENTATIONS
None
M. COUNCIL PRESENTATIONS
1. School District 622 and 623 Invitations were sent out to the districts inviting them to a
meeting. There has been no response as of yet.
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2. Police Cost Help Mayor Cardinal explained the specifics of a Police Corp program that returns
$10,000 in salary costs to train Police Officers.
4. Voting Equipment Grant The city is currently in the process of applying for these grant dollars.
5. Field and Park Use for Non-Residents Citizens pay taxes for park use, and permits are required
to use the field. The city should be contacted if a resident notices use without a permit.
6. Bruentrup Farm An open house will be held September 22, 11:00-3:00.
N. ADMINISTRATIVE PRESENTATIONS
1. The budget workshop for September 17, 2001 has been cancelled since the council has adopted
the levy limitation.
Councilmember Koppen moved to cancel the Budget Workshop for September 17, 2001.
Seconded by Councilmember Wasiluk. Ayes-All
2. Mayor Cardinal invited everyone to tour the dispatch center with him.
O. ADJOURNMENT
Councilmember Allenspach moved to adjourn at 9:25 p.m.
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