HomeMy WebLinkAbout09-24-2001MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, September 24, 2001
Council Chambers, Municipal Building
Meeting No. 01-22
A.
B.
C.
D.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
A moment of silence was held for the victims and the survivors of the September 11, 2001 terrorist
attacks on the east coast.
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
1.
2.
3.
Minutes of Meeting 01-19 (September 10, 2001)
The budget hearing for December l0a' will be held at 6:00 p. m.
Councilmember Allenspach moved to approve the minutes of Meeting No. 01-19 (Member 10.
2001) as amended.
Seconded by Councilmember Wasiluk.
Ayes-Mayor Cardinal, Councilmember
Wasiluk, Allenspach, Koppen
Abstain-Councilmember Collins
Minutes of Special Meeting Canvas of Primary Election 01-20 (September 13, 2001)
Councilmember Allenspach moved to approve the Minutes of Special Meeting Canvas of
Primary Election 01-20 (Member 13. 2001
Seconded by Councilmember Koppen
Ayes-Mayor Cardinal, Councilmember
Wasiluk, Allenspach, Koppen
Abstain-Councilmember Collins
Minutes of Special Meeting Canvas of Primary Election 01-21 (September 17, 2001)
Councilmember Allenspach moved to approve the Minutes of Special Meeting Canvas of
Primary Election 01-21 (Member 17. 2001
Seconded by Councilmember Koppen
Ayes-Mayor Cardinal, Councilmember
Wasiluk, Allenspach, Koppen
Abstain-Councilmember Collins
E. APPROVAL OF AGENDA
M1. Maplewood Audit M2. Water Board
M3. Cable TV Public Access Channel M3. City E-Mail
Councilmember Collins moved to approve the agenda as amended.
Seconded by Councilmember Wasiluk Ayes-All
F. APPOINTMENTS/PRESENTATIONS
None
G. CONSENT AGENDA
Councilmember Koppen moved to approve the consent agenda as presented.
1. Approval of Claims
ACCOUNTS
PAYABLE
$265,061.64 Checks #55299 thru #55372 dated 9/12/01
$168,853.18 Disbursements via debits to checking account
dated 9/4 thru 9/10/01
$321.30 Checks #55373 thru #55375 dated 9/13/01
$203,677.61 Checks #55376 thru #55440 dated 9/18/01
$144,891.36 Disbursements via debits to checking account
dated 9/11 thru 9/17/01
$782,805.09 Total Accounts Payable
PAYROLL
$335,528.30 Payroll Checks and Direct Deposits dated 9/14/01
$27,365.12 Payroll Deduction check #85631 thru #85637 dated 9/14/01
$362,893.42 Total Payroll
$1,145,698.51 GRAND TOTAL
2. Pineview Estates Final Plat (County Road D)
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Approved the Pineview Estates final plat. This final plat will create 72 lots for townhouses and
is on the north side of County Road D, east of Hazelwood Street.
3. Fire Department Contribution in Honor of Russ Allen
Accepted a memorial from the family of Russ Allen in the amount of $1,100.00 to be used for
trees at the new fire station on Clarence Street.
4. Public Safety Dispatcher Clarification
Adopted clarification to the Public Safety Officer pay and benefits policy.
Seconded by Councilmember Wasiluk Ayes-All
H. PUBLIC HEARINGS
1. 7:00 Alley Vacation (neat to 49 Kingston Avenue)
a. Assistant City Manager Coleman introduced the staff report.
b. Associate Planner Shann Finwall, presented the specifics of the report.
c. Design Review Boardmember Ananth Shankar presented details from the August 28, O1
Design Review Board.
d. Commissioner Will Rossbach provided details from the September 4, 2001 Planning
Commission Meeting.
e. Mayor Cardinal opened the public hearing, calling for proponents or opponents.
The following persons were heard:
Kristin Borowske, 63 Kingston Avenue, Maplewood
Mayor Cardinal closed the public hearing.
Councilmember Collins moved to adopt the following resolution that vacates the unused alley
that is between the properties at 49 and 63 Kingston Avenue:
RESOLUTION O1-09-83
VACATION RESOLUTION
WHEREAS, Kristin Borowske applied for the vacation of the following-described alley:
The alley in Block 2, between Lots 1-4 and Lots 5-8 that is north of the north right-of--way line of Kingston
Avenue as platted as part of St. Aubin and Dion's Rice Street Addition in Section 18, Township 29, Range
22 West, Ramsey County, Minnesota;
WHEREAS, the history of this vacation is as follows:
On September 4, 2001, the planning commission recommended that the city council approve the
vacation.
2. On September 24, 2001, the city council held a public hearing. The city staff published a notice in
the Maplewood Review and sent a notice to the abutting property owners. The council gave
everyone at the hearing a chance to speak and present written statements. The council also
considered reports and recommendations from the city staff and planning commission.
WHEREAS, after the city approves this vacation, public interest in the property will go to the following
abutting properties:
Lots 1-4, Block 2, St. Aubin and Dion's Rice Street Addition (63 Kingston Avenue) (PIN 18-29-22-34-
0015.)
Lots 5-8, Block 2, St. Aubin and Dion's Rice Street Addition (49 Kingston Avenue) (PIN 18-29-22-34-
0016.)
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described right-of--way
vacation for the following reasons:
L It is in the public interest.
2. The city and the applicant have no plans to build an alley in this location.
3. The adjacent properties have street access.
Seconded by Councilmember Wasiluk. Ayes-All
2. 7:10 5-8 Club Inc. (Beau's) (2289 Minnehaha Avenue)
a. Land Use Plan Amendment (Rl- to BC-M)
b. Zonging May Change (R-1 to BC-M)
c. Conditional Use Permit (Restaurant)
d. Conditional Use Permit (Expansion of Nonconforming Use)
e. Parking Lot Setback Variance
f Design Approval
a. Assistant City Manger Melinda Coleman introduced the staff report.
b. Associate Planner Finwall provided specifics of the report.
c. Boardmember Shankar presented details from the August 28, 2001 Design Review
Board.
d. Commissioner Rossbach provided details from the August 20, 2001 Planning
Commission Meeting.
e. Mayor Cardinal opened the public meeting.
The following people were heard:
Jill Skogheim, the applicant, 9531 West 78~' Street, Eden Prairie
Kathleen Juenemann, 721 Mount Vernon Ave. E., Maplewood
£ Mayor Cardinal closed the public hearing.
Councilmember Koppen moved to approve the following resolution approving the land use plan
amendment for the 5-8 Club Restaurant from single-dwelling residential (R-1) to business
commercial modified (B-C (M)):
RESOLUTION 01-09-84
LAND USE PLAN CHANGE RESOLUTION
WHEREAS, Food Services, Inc., d/b/a 5-8 Club, made application to the City of Maplewood for a
change to the city's land use plan from single dwelling residential to business commercial (modified) (BC(M))
for the remodeling and expansion of an existing restaurant located at 2289 Minnehaha Avenue.
WHEREAS, this change applies to 2289 and 2299 Minnehaha Avenue, Maplewood, Minnesota.
WHEREAS, the history of this change is as follows:
1. On August 20, 2001, the planning commission held a public hearing. City staff published a hearing
notice in the Maplewood Review and sent notices to the surrounding property owners. The planning
commission conducted the public hearing whereby all public present were given a chance to speak and
present written statements. The planning commission recommended that the city council approve the
plan amendments.
2. On September 24, 2001, the city council discussed the land use plan changes. They considered reports
and recommendations from the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described land use
plan change for the following reasons:
1. This site is proper for and consistent with the city's policies for commercial use. This includes:
a. Require adequate off-street parking and loading facilities.
b. Avoid disruption of adjacent or nearby residential areas.
c. Require commercial developers to make all necessary improvements to ensure compatibility
with surrounding residential uses.
d. Require adequate screening or buffering of new or expanded commercial areas from any
adjacent existing or planned residential development.
2. This development will minimize any adverse effects on surrounding properties because:
a. Expansion of the parking area will supply adequate off-street parking and loading facilities for
the site.
b. Expansion of the restanrant/bar has been designed in the best manner to avoid disruption of
adjacent or nearby residential areas including placing the new deck in the front of the building as
opposed to the rear, installing a 6-foot high privacy fence along all shared residential property
lines, and locating the dumpster along the building wall which is away from the residential
property lines.
c. Expansion and remodeling of the restaurant/bar improves upon the existing structure, creating a
neighborhood restaurant which is compatible with surrounding residential uses.
d. Expansion and remodeling of the restaurant/bar includes adequate screening from adjacent
existing residential properties with a 6-foot high privacy fence.
Seconded by Councilmember Collins. Ayes-All
Councilmember Koppen moved to approve the following resolution approving the zoning map
change (R-1 to BC-M):
RESOLUTION 01-09-85
ZONING MAP CHANGE RESOLUTION
WHEREAS, Food Services, Inc., d/b/a 5-8 Club has proposed the following change to the City of
Maplewood's zoning map: single dwelling residential (R-1) to business commercial (modified) (BC(M)).
WHEREAS, this change applies to 2289 and 2299 Minnehaha Avenue, Maplewood, Minnesota.
WHEREAS, the legal description of these properties are:
Minnehaha Suburb Heights: Subject to the highway, the E 60' of Lot 13, the S 148.5' of Lot 14, and the
S '/z of Lot 15.
WHEREAS, the Ramsey County Property Identification Numbers for these properties are as follows:
25-29-22-33-0066 and 25-29-22-33-0028, respectively.
WHEREAS, the history of this change is as follows:
1. On August 20, 2001, the planning commission recommended that the city council approve the rezoning
change.
2. On September 24, 2001, the city council held a public hearing. City staff published a notice in the
Maplewood Review and sent notices to the surrounding property owners. The council conducted the
public hearing whereby all public present were given a chance to speak and present written statements.
The city 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 proposed change will reflect the existing land use on the property.
Seconded by Councilmember Allenspach Ayes-All
Councilmember Koppen moved to approve the resolution (01-09-86) approving a Conditional
Use Permit (Restaurant).
Seconded by Councilmember Wasiluk Ayes-All
Councilmember Koppen moved to approve the resolution (01-09-87) approving a Conditional
Use Permit (Expansion of Nonconforming Use).
Seconded by Councilmember Collins Ayes-All
RESOLUTIONS 01-09-86 & 87
CONDITIONAL USE PERMIT RESOLUTIONS
WHEREAS, Food Services, Inc., d/b/a 5-8 Club applied for two conditional use permits including:
1. Expansion of a nonconforming building; and
2. Operate a restaurant within the business commercial (modified) (BC(M)) zoning district.
WHEREAS, these permits apply to property located at 2289 and 2299 Minnehaha Avenue, Maplewood,
Minnesota. The legal description is:
Minnehaha Suburb Heights: Subject to the highway, the E 60' of Lot 13, the S 148.5' of Lot 14, and the
S '/z of Lot 15.
WHEREAS, the Ramsey County Property Identification Numbers for these properties are as follows:
25-29-22-33-0066 and 25-29-22-33-0028, respectively.
WHEREAS, the history of this conditional use permit is as follows:
On August 20, 2001, the planning commission recommended that the city council approve the
conditional use permits.
2. On September 24, 2001, the city council held a public hearing. City staff published a notice in the
Maplewood Review and sent notices to the surrounding property owners. The council conducted the
public hearing whereby all public present were given a chance to speak and present written statements.
The city council also considered reports and recommendations from the city staff and planning
commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-described
conditional use permits based on the building and site plans. The city approved this permit because:
1. The use would not change the existing or planned character of the surrounding area
2. The use would not depreciate property values.
3. 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.
4. 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.
5. 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.
6. The use would not create excessive additional costs for public facilities or services.
7. The use would cause minimal adverse environmental effects.
Approval of the two conditional use permits is subject to the following conditions:
1. All construction of the 5-8 Club shall follow the site plan approved by the city. The
director of community development may approve minor changes.
2. The proposed restaurant/bar remodeling must be substantially started within one year of council
approval or the permit shall become null and void. The council may extend this deadline for one year.
3. The city council shall review this permit in one year.
4. The use of the deck is limited to the following hours: Sunday through Thursday -opening of business
until 10 p.m.; Friday and Saturday -opening of business until 11 p.m.
Councilmember Koppen moved to approve the following resolution approving the Parking Lot
Setback Variance for the 5-8 Club Inc:
RESOLUTION O1-09-88
VARIANCE RESOLUTION
WHEREAS, Food Services, Inc., d/b/a 5-8 Club, applied for a variance from the zoning ordinance.
WHEREAS, this variance applies to 2289 and 2299 Minnehaha Avenue, Maplewood, Minnesota. The
legal description is:
Minnehaha Suburb Heights: Subject to the highway, the E 60' of Lot 13, the S 148.5' of Lot 14, and the
S '/z of Lot 15.
WHEREAS, the Ramsey County Property Identification Numbers for these properties are as follows:
25-29-22-33-0066 and 25-29-22-33-0028, respectively.
WHEREAS, Section 36-26(a) of the zoning code requires a 20-foot-wide landscaped and screened
buffer when a commercial property abuts a residential property.
WHEREAS, the applicant is proposing a 5-foot-wide buffer between commercial and residential
property.
WHEREAS, this requires a variance of 15 feet.
WHEREAS, the history of this variance is as follows:
On August 20, 2001, the planning commission recommended that the city council approve the
conditional use permits.
2. On September 24, 2001, the city council held a public hearing. City staff published a notice in the
Maplewood Review and sent notices to the surrounding property owners. The council conducted the
public hearing whereby all public present were given a chance to speak and present written statements.
The city council also considered reports and recommendations from the city staff and planning
commission.
NOW, THEREFORE, BE IT RESOLVED thatthe city council approve the above-described variance
for the following reasons:
1. Strict enforcement of the code would cause undue hardship because of circumstances unique to the
property and not created by the property owner. The 20-foot-wide buffer requirement would not allow
the creation of a sufficient number of parking spaces for the facility.
2. The variance would be in keeping with the spirit and intent of the ordinance, since the applicant is
providing adequate screening and buffering to protect the adjacent homeowners.
Approval is subject to the applicant providing a 6-foot high screening fence as proposed.
Seconded by Councilmember Collins. Ayes-All
Councilmember Koppen moved to approve the Design Plans for the 5-8 Club Inc.
The city is approving these plans based on the findings required by the code. The applicant,
Food Services, Inc., shall do the following:
a. Repeat this review in two years if the city has not issued a building permit for this project.
b. Prior to issuance of a grading permit for the parking lot expansion, the city engineer must
approve a final grading and drainage plan. This plan shall include: water retention calculations
and the location of all existing trees on the site to be preserved and the means of protecting the
trees.
c. Prior to issuance of a building permit, the applicant must supply the city with the
following:
(1) A revised landscape plan to staff for approval that incorporates the following details:
(a) Obtain approval from the Minnesota Department of Transportation and Ramsey
County to install landscaping within the Stillwater Road and Minnehaha Avenue
rights-of--way. Any required landscape revisions in these areas must also be
approved by the city.
(b) Details for the perennial garden to be located on the north side of the deck.
(c) In-ground sprinkler for all landscaped areas. If the installation of a sprinkler
system is not feasible because of existing pavement, the applicant must submit
written agreement to hand water all landscaping.
(d) In addition to the above, all common grounds shall be sodded (except for mulched
and edged planting beds).
d. Prior to certificate of occupancy the applicant must:
(1) Complete all required exterior improvements including landscaping and underground
irrigation, parking lot, screening fence, exterior lighting.
(2) Install stop signs at both driveway exits.
e. If any required work is not done, the city may allow temporary occupancy if:
(1) The city determines that the work is not essential to the public health, safety or welfare.
(2) 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. Any unfinished
landscaping shall be completed by June 1 if the building is occupied in the fall or winter,
or within six weeks of occupancy if the building is occupied in the spring or summer.
(3) The city receives an agreement that will allow the city to complete any unfinished work.
All work shall follow the approved plans. The director of community development may approve
minor changes.
Seconded by Councilmember Allenspach Ayes-All
3. 7:30 Schlomka Landscaping Inc. (2511 Carver Avenue)
a. Conditional Use Permit (Landscaping Business in F Zone)
b. Conditional Use Permit (Over-Sized Accessory Structure)
a. Assistant City Manager Coleman introduced the staff report.
b. Associate Planner Finwall provided specifics of the report.
a Commissioner Rossbach presented details from the September 4, O1 Planning
Commission Meeting.
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d. Mayor Cardinal opened the public meeting.
The following people were heard:
Paul Schlomka, applicant, 2511 Carver Avenue, Maplewood
e. Mayor Cardinal closed the public hearing.
Councilmember Allenspach moved to approve the following resolutions for the Conditional Use
Permit for a Landscaping Business in an F Zone and a Conditional Use Permit for an Over-Sized
Accessory Structure with staffrevisions:
RESOLUTION 01-09-89
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Paul Schlomka applied for a conditional use permit to operate a landscaping business
within a farm residence zoning district;
WHEREAS, this permit applies to property located at 2511 Carver Avenue, Maplewood, Minnesota.
The legal description is: Subject to HWY AVE and Easements, Part of Southeasterly of Northwesterly L of SD
HWY of W '/z of NW'/a of NE'/a of SEC 24, TN 28, RN 22.
WHEREAS, the Ramsey County Property Identification Number for this property is
24-28-22-12-0005;
WHEREAS, the history of this conditional use permit is as follows:
1. On September 4, 2001, the planning commission recommended that the city council approve the
conditional use permit.
2. On September 24, 2001, the city council held a public hearing. City staff published a notice in the
Maplewood Review and sent notices to the surrounding property owners. The council conducted the
public hearing whereby all public present were given a chance to speak and present written statements.
The city council also considered reports and recommendations from the city staff and planning
commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-described
conditional use permit based on the building and site plans. The city approved this 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
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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.
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 of the conditional use permit is subject to the following conditions:
1. The business must be conducted solely within the house or an accessory structure.
2. No exterior storage is allowed, including all commercial vehicles, equipment, and supplies associated
with the business.
3. No more than one (1) nonresident employee shall be allowed to work on the premises.
4. The landscape business hours of operation are limited to 7 am. to 7 p.m., Monday through Saturday.
5. Any exterior lighting associated with the business must not produce glare on adjacent residential
properties nor shall it exceed 0.4-foot-candles at the property line.
6. All construction shall follow the site plan approved by the city. The director of community
development may approve minor changes.
7. The conditional use permit shall be reviewed by the city council in one year.
8. The conditional use permit shall be reviewed in the event the property is transferred to a new owner who
intends to operate a landscaping business, or similar business, from the property.
9. If the conditional use permit for a landscape business is voluntarily abandoned and ceases for a
continuous period of one year or more, the conditional use permit will become null and void.
RESOLUTION O1-09-90
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Paul Schlomka applied for a conditional use permit to construct a 4,224-square-foot pole
barn within afarm-residence zoning district;
WHEREAS, this permit applies to property located at 2511 Carver Avenue, Maplewood, Minnesota.
The legal description is: Subject to HWY AVE and Easements, Part of Southeasterly of Northwesterly L of SD
HWY of W '/z of NW'/a of NE'/a of SEC 24, TN 28, RN 22.
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WHEREAS, the Ramsey County Property Identification Number for this property is
24-28-22-12-0005.
WHEREAS, the history of this conditional use permit is as follows:
1. On September 4, 2001, the planning commission recommended that the city council approve the
conditional use permit.
2. On September 24, 2001, the city council held a public hearing. City staff published a notice in the
Maplewood Review and sent notices to the surrounding property owners. The council conducted the
public hearing whereby all public present were given a chance to speak and present written statements.
The city council also considered reports and recommendations from the city staff and planning
commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-described
conditional use permit based on the building and site plans. The city approved this 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
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.
Approval of the conditional use permit is subject to the following conditions:
1. The pole barn is limited in size to 4,224 square feet in area and 18.5 feet in height.
2. The pole barn must maintain at least a 50-foot setbaok from the adjaoent residential property.
3. The applicant will obtain all necessary permits for the construction of the pole barn.
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4. Prior to issuance of a building permit the owner will submit for staff's review and approval a revised site
plan showing a 6-foot high berm to be constructed along the east side of the pole barn and driveway. A
staggered row of 12, 6-foot-high evergreens must be installed on the berm.
5. Prior to the building department finalizing the building permit, the owner will do the following:
a. Remove the stockpile dirt and rock from the north side of the property. These materials must be
removed from the property entirely, used in the construction of the pole barn, or stored inside the
pole barn.
b. Install the required berm and landscaping.
6. All construction shall follow the site plan approved by the city. The director of community
development may approve minor changes.
7. The conditional use permit shall be reviewed by the city council in one year.
Seconded by Councilmember Koppen. Ayes-All
I. AWARD OF BIDS
None
J. UNFINISHED BUSINESS
1. Walgreens (1706 White Bear Avenue)
a. Assistant City Manger Coleman introduced the staff report.
b. Associate Planner Finwall provided specifics of the report.
a Mayor Cardinal opened the public meeting.
The following people were heard:
John Kohler, Semper Development, LTD
Robert Bell, Representing the Owner of the Building
Raleigh Nelson, Owner of the Building
Will Rossbach, 1386 E. County Road C, Maplewood
Emil Sturzenegger, 2455 Londin Lane, Maplewood
Kathleen Juenemann, 721 Mount Vernon, Maplewood
Scott Venne, Executive Director of the White Bear Avenue Business Association, 1829
Sims Avenue, St. Paul
Ananth Shankar, Maplewood Design Review Board
d. Mayor Cardinal closed the public hearing.
Councilmember Koppen moved to approve the revised site plan for Walereens accordine to
staffs revised plan and modifications.
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Seconded by Councilmember Allenspach
Ayes-Mayor Cardinal, Councilmember
Allenspach, Wasiluk, Koppen
Nays-Councilmember Collins
2. Receive Comments and Responses on Environmental Assessment Worksheet (EAW) for Beaver
Lake Townhomes--City File No. 01-10
Councilmember Koppen moved to receive all comments and responses to the EAW document,
along with the Findings of Fact, for the Beaver Lake Townhomes Planned Unit Development.
Seconded by Councilmember Wasiluk Ayes-All
3. Consider Finding of No Significant Impact (FONSI) on Environmental Assessment Worksheet
for Beaver Lake Townhomes--City File No. 01-10
Councilmember Koppen moved to adopt the following resolution determining that the
environmental rule requirements have been met and that the potential environmental effects are
not considered significant enough to warrant preparation of an EIS, and further that plans for
storm water, grading, erosion control and buffer/turf management shall be submitted by the
proposed prior to site plan and final plat consideration, and further, that this negative declaration
be distributed to all parties on the State Environmental Quality Board distribution list and all
persons commenting in writing on the EAW:
RESOLUTION O1-09-91
BEAVER LAKE TOWNHOMES PLANNED UNIT DEVELOPMENT
ENVIRONMENTAL ASSESSMENT WORKSHEET
WHEREAS, the City of Maplewood is the Responsible Governmental Unit for the Environmental Assessment
Worksheet (EAW) for the Beaver Lake Townhomes Planned Unit Development at the corner of Lakewood
Drive and Maryland Avenue; and
WHEREAS, the EAW was prepared and distributed to all parties on the State Environmental Quality Board
(EQB) distribution list, as well as local agency representatives and the petitioners' representative; and
WHEREAS, the EAW Notice of Availability was published in the EQB Monitor on August 6, 2001, beginning
a 30-day comment period that ended on September 5, 2001; and
WHEREAS, a meeting sponsored by the City of Maplewood was held at the City of Maplewood Fire Station
on July 23, 2001, to receive input from interested persons; and
WHEREAS, written comments on the EAW were received and considered from nine parties; responses were
developed, and findings were prepared; and
WHEREAS, the City Council has the authority to make the final determination on the adequacy of an EAW
and the related negative or positive declaration as to the need to prepare an Environmental Impact Statement
(EIS); and
NOW, THEREFORE, BE IT RESOLVED, that the EAW requires that plans pertaining to stormwater,
grading, erosion control, and buffer/turf management be submitted by the project proposer for review and
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approval, and thatthe City will consider the project density, the inclusion of public trails, and protection of the
buffer zones, prior to approval of the site plan and final plat.
BE IT FURTHER RESOLVED, that the City Council has determined, based on the findings contained in the
Record of Decision, that the environmental review requirements have been met by the Environmental
Assessment Worksheet prepared for the Beaver Lake Townhomes Planned Unit Development, and the potential
environmental effects are not considered significant enough to warrant preparation of an EIS; and
BE IT FINALLY RESOLVED, that the City Council requests that the negative declaration be distributed to
all parties on the State Environmental Quality Board distribution list and all persons commenting in writing on
the EAW.
Seconded by Councilmember Wasiluk Ayes-All
K. NEW BUSINESS
1. Approve Purchase of Tax Forfeit Property from Ramsey County for Storm Pond Purposes at
Beaumont and Larpenteur.
Councilmember Koppen moved to accept the following resolution to acquire the tax-forfeited
properties for purposes of storm water holding and ponding:
RESOLUTION O1-09-92
TAX FORFEITED PROPERTY ACQUISITION RESOLUTION
WHEREAS, The State of Minnesota has declared certain properties held in trust located within the City of
Maplewood, County of Ramsey, State of Minnesota to be Tax Forfeited;
WHEREAS, The Office of Tax Forfeited Lands, Department of Revenue and Taxation, Ramsey County,
Minnesota has granted the City of Maplewood opportunity to acquire said properties pursuant to Minnesota
Statutes, Section 282.01, Subdivision 1;
WHEREAS, it is incumbent upon the city to provide for control of storm water runoff and drainage
containment;
WHEREAS, said properties are identified as necessary for drainage and storm water ponding purposes as
prescribed by the Maplewood Comprehensive Storm Water plan;
NOW THEREFORE BE IT RESOLVED, that the city council deems it in the public interest and approves the
acquisition of the following described Tax Forfeited properties:
PID
182922340076
182922340077
182922340078
182922340079
Lot # Block #
16-19 14
20 14
21 14
22 14
Plat Name
St. Aubin & Dion's Rice St. Add
St. Aubin & Dion's Rice St. Add.
St. Aubin & Dion's Rice St. Add
St. Aubin & Dion's Rice St. Add
Total Cost
Acquisition Cost
$4,203.20
$1,103.30
All in Section 18, Township 29, Range 22 North in Ramsey County.
$1,103.30
$1,103.30
$7,513.10
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Councilmember Collins seconded Ayes-All
2. Lawful Gambling License -TSE, Inc.
Councilmember Wasiluk moved to approve the following resolution that approves the
application for a lawful gambling license to be used at the Chalet Lounge, 1820 Rice Street.
The purpose of the organization is to provide training and rehabilitation services for people with
developmental disabilities:
RESOLUTION O1-09-093
APPROVING A LAWFUL GAMBLING LICENSE FOR TSE, INC.
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit
for lawful gambling is approved for TSE, Inc., to operate at The Chalet Lounge and Restaurant located at 1820
Rice Street, 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 that this resolution by the City Council of
Maplewood, Minnesota be forwarded to the Gambling Control Division for their approval.
Councilmember Allenspach seconded Ayes-All
3. Council Meeting-Date Change
Councilmember Allenspach moved to change the November 12. 2001 Council Meeting date to
Tuesday November 13, in observance of Veterans DaX
Councilmember Koppen seconded Ayes-All
L. VISITOR PRESENTATIONS
1. Emil Sturzenegger, 2455 Londin Lane, Maplewood asked if it would be a benefit for Maplewood
to be a charter city? The council will research that option and report back to the city residents.
2. Diana Longrie-Kline, 1778 Desoto Street, Maplewood, attended the election recount on
Monday September 17, 2001. She felt the recount was conducted in professional manner by
the city clerk's office and requested the procedure be published in the neat issue of Maplewood
in Motion.
3. Margaret Lutfey, 1076 Mary Street, Maplewood, had comments regarding the Beaver Lake
EAW.
4. Jody Northouse, 1055 Sterling, Maplewood, had comments regarding the Beaver Lake EAW.
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5. Kathy Juenemann, 721 Mount Vernon, Maplewood, felt the EAW process and development
review should be explained in the Maplewood in Motion.
6. Will Rossbach, 1386 E. County Road C., Maplewood, was supportive of the residents
involvement, but felt time and dollars were wasted with the Beaver Lake EAW, and felt
residents received poor guidance form their "mentors".
Bob Zick, 1880 Shore Drive, Maplewood, commented on the Beaver Lake EAW and city
representation on the Suburban Area Cable Commission.
M. COUNCIL PRESENTATIONS
1. Maplewood Audit Maplewood was chosen to be audited by AT & T due to the large number
of cable users in the city.
2. Water Board Polices of the waterboard were shared with the council.
3. Cable TV Public Access Councilmember Allenspach shared residents concerns about a very
offensive show broadcasting on the cable public access channel.
4. City E-Mail Website The city has experienced technical difficulties with the E-Mail, but
currently the program is successfully up and running.
N. ADMINISTRATIVE PRESENTATIONS
None
O. ADJOURNMENT
Councilmember Allenspach moved to adjourn at 9:45.
Councilmember Koppen seconded Ayes-All
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