HomeMy WebLinkAbout11-26-2001MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, November 26, 2001
Council Chambers, Municipal Building
Meeting No. 01-28
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 Present
Marvin C. Koppen, Councilmember Present
Julie A. Wasiluk, Councilmember Present
APPROVAL OF MINUTES
1. Minutes of Council Manager's Workshop (November 13, 2001)
Councilmember Collins moved to approve the City Council Minutes of November 13. 2001 as
presented.
Councilmember Koppen seconded Ayes-All
2. Minutes of Meeting 01-27 (November 13, 2001)
Councilmember Allenspach moved to approve the City Council/Managers Workshop of
November 13, 2001 as presented.
Councilmember Koppen seconded Ayes-All
E.
APPROVAL OF AGENDA
Councilmember Koppen moved to approve the Agenda as amended:
M1. Parking Ordinance
M2. Election Judges
M3. Hijacek Property
N1. Sandy Lake Update
Councilmember Wasiluk seconded
Ayes-All
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F. APPOINTMENTS/PRESENTATIONS
None
G. CONSENT AGENDA
Councilmember Collins moved to approved the Consent Agenda items as presented:
1. Approval of Claims
ACCOUNTS
PAYABLE
$518,564.25 Checks #55914 thru #56008 dated 11/13/01
$141,132.98 Disbursements via debits to checking account
dated 11/06thru 11/13/01
$23
767.64 Checks #56009 thru #56012 dated 11/09 thru
, 11/14/01
$464,104.28 Checks #56013 thru #56052 dated 11/20/01
$2,768,295.39 Disbursements via debits to checking account
dated 11/13 thru 11/19/01
$3,915,864.54 Total Accounts Payable
PAYROLL
$349,682.54 Payroll Checks and Direct Deposits dated
11/09/01
$27,936.86 Payroll Deduction checks #86495 thru #86501
dated 11/09/01
$377,619.40 Total Payroll
$4,293,483.94 GRAND TOTAL
2. Increase of Community Development Department Service Charges (Second Reading)
Approved the second reading of the Community Development Department Service Charges.
3. Ordinance to Increase Sewer Rates (First Reading)
Approved the following ordinance to increase sewer rates by .6% effective January 1, 2002 to
provide the revenues anticipated in the 2002 Budget:
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ORDINANCE 818
AMENDING THE MAPLEWOOD CODE
RELATING TO
SEWER SERVICE CHARGES
THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 28-21 is hereby amended to read as follows:
The following rates and charges are hereby established for all sanitary sewer services furnished
by and in the City:
(1) St. Paul Billing District:
(a) The residential and non-residential rates shall be $1.62 per 100 cubic feet.
(b) There shall be a minimum of $9.11 quarterly per sewer service connection.
(2) North St. Paul, Roseville, Little Canada and Woodbury Billing Districts:
(a) The residential and non-residential rates shall be $2.17 per 1,000 gallons.
(b) There shall be a minimum of $9.11 quarterly per sewer service connection
Section 2. This ordinance shall take effect and be in force beginning January 1, 2001.
2. Ordinance to Increase Recycling Rates (First Reading)
Approved the first reading of the following ordinance to increase Recycling Rates.
ORDINANCE 819
AMENDING THE MAPLEWOOD CODE
RELATING TO
RECYCLING SERVICE CHARGES
THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Chapter 16-58. Rates and charges is hereby amended to read as follows:
The following rates and charges are hereby established for public education on solid
waste reduction and to finance recycling costs:
(1)St. Paul Billing District:
(a) The residential rate shall be $4.50 per unit per quarter.
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(b) There shall be a 5% late payment charge added to all bills, excluding the
balance forward, which are not paid within thirty (30) days of the billing
date.
(2)North St. Paul Billing District:
(a) The residential rate shall be $1.50 per unit per month.
(b) There shall be a 5% late payment charge added to all bills, excluding the
balance forward, which are not paid within twenty (20) days of the billing
date.
Section 2. This ordinance shall take effect and be in force beginning January 1,
2001.
3. Conditional Use Permit Review-Menard's (2280 Maplewood Drive)
Approved to review the conditional use permit for Mendard's at 2280 Highway 61 North again
in one year.
4. 2001 DARE Bike-A-Thon
Approved to accept a $3,500 check from the North St. Paul-Maplewood-Oakdale Rotary for the
2001 D.A.R.E. Bike-A-Thon.
5. Transfer to Close Fund for Gervais Avenue
Accepted the recommendation from staff to close this project, (96-02), and approved a transfer
of the surplus balance to the Street Construction State Aid Fund and authorize the appropriate
budget changes.
8. Transfer to Close Fund for Tax Increment Economic Development District 1-4
Approved the closing of the fund for District 1-4, and that a transfer from the General Fund
eliminate the deficit of $657.49 in the fund and that the appropriate budget changes be
authorized.
9. Revision of Investment Policies
Approved the adoption of Investment policies dated 12-13-99.
10. East County Line Fire Department Fund Raiser--Fee Waiver
Waived the strong beer permit fee for the Benefit Dance and Silent Auction for David
Selbitschka.
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H. PUBLIC HEARINGS
1. 7:00 Lutheran Social Services (LSS) Tax-Exempt Financing Request
a. City Manager Fursman introduced the staff report.
b. Assistant City Manager Coleman presented the specifics of the report.
a Mayor Cardinal opened the public hearing.
d. Mayor Cardinal closed the public hearing.
Councilmember Koppen moved to approve the following resolution approving host
annroval for up to $3.7 million in tax-exempt revenue financing for Lutheran Social
Services at 785 Larpenteur Avenue.
RESOLUTION NO. 01-11-114
APPROVING AND AUTHORIZING THE ISSUANCE OF REVENUE NOTES
BY THE CITY OF BRAINERD, MINNESOTA UNDER MINNESOTA
STATUTES, SECTIONS 469.152 THROUGH 469.165, AS AMENDED, TO
FINANCE PROPERTY FOR THE BENEFIT OF LUTHERAN SOCIAL
SERVICE OF MINNESOTA
WHEREAS, under the Minnesota Municipal Industrial Development Act, Minnesota
Statutes, Sections 469.152-469.165, as amended (the "Act'), each municipality and redevelopment
agency ofthe State of Minnesota (as defined in the Act), includingthe City of Brainerd, Minnesota
(the "City of Brainerd"), is authorized to issue revenue obligations to finance capital equipment and
improvements to land and buildings for the benefit of arevenue producing enterprise to be owned by
a contracting party (as defined in the Act); and
WHEREAS, under Section 469.155, subdivision 9, of the Act, the City of Brainerd is
authorized to enter into and perform contracts and agreements with other municipalities as the
governing bodies of the city and as the other municipalities may deem proper and feasible for or
concerning the financing of a project under the Act, including an agreement whereby one
municipality issues its revenue obligations in behalf of one or more other municipalities; and
WHEREAS, the City of Brainerd, has proposed to issue one or more revenue notes (the
"Notes' and loan the proceeds derived from the sale of the Notes to Lutheran Social Service of
Minnesota, a nonprofit organization (the `Borrower"), to finance the acquisition of motor vehicles
and the acquisition and construction of improvements to existing buildings (the "Project'), to be
located at the existing facilities of the Borrower in numerous municipalities in the State of
Minnesota; and
WHEREAS, a portion of the Project will be located in the City of Maplewood (the "City")
and at the existing facilities of the Borrower throughout the State of Minnesota;
NOW, THEREFORE, BE IT RESOLVED THAT:
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1. The portion ofthe Projectto be located inthe City (as described inthe Notice
of Public Hearing published prior to the date of consideration ofthis resolution) is hereby approved
by the City and the issuance of the Notes by the City of Brainerd for such purpose (in the amount
described in the Notice ofPublic Hearing) and in an aggregate principal notto exceed $3,700,000 is
hereby approved.
2. Obligations will be issued by the City of Brainerd to finance the Project and the
Notes to be issued by the City of Brainerd to finance the Proj ect shall not constitute a charge, lien, or
encumbrance, legal or equitable, upon any property of any other city; and the Notes, when, as, and if
issued, shall recite in substance that the Notes, including the interest thereon, are payable solely
from the revenues received from the Project and the property pledged to the payment thereof; and
the Notes shall not constitute an obligation of any other city and shall not be secured by any taxing
power of any other city.
3. The Borrower shall pay any and all costs incurred by the cities where the
Borrower facilities are located in connection with the portion of the Project located in those
cities, whether or not the Project is approved, the Notes are issued, or the Project is carried to
completion.
Councilmember Allenspach seconded Ayes-All
I. AWARD OF BIDS
None
J. UNFINISHED BUSINESS
1. Rose/Rice Automobile Sales Conditional Use Permit (1908 Rice Street)
a. City Manager Fursman introduced the staff report.
b. Assistant City Manager Coleman presented the specifics of the report.
b. The following people were heard:
Brad Beatty, Owner, 1900 Victoria Road, Mendota Heights
Councilmember Allenspach moved to approve the following resolution approving a conditional
use permit for used car sales at 1908 Rice Street:
RESOLUTION 01-11-115
CONDITIONAL USE PERMIT
WHEREAS, Brad Beatty, of Rose-Rice Auto Sales, applied for a conditional use permit to
enlarge his paved parking lot, while maintaining a nonconforming front setback, and to sell used
cars.
WHEREAS, this permit applies to 1908 Rice Street. The legal description is:
LOTS 1-4 AND LOTS 33-39, BLOCK 4, EISENMENGER AND ZASPELS
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WHEREAS, the history of this conditional use permit is as follows:
On January 17, 2001, the planning commission recommended that the city council approve this
permit.
2. The city council held a public hearing on February 12, 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. The council
denied this permit until the applicant provided additional information for their consideration.
3. The city council reviewed this request again on November 26, 2001 after the submittal of
additional materials from the applicant.
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.
10. The reduced front parking lot setback would meet the spirit and intent of the code since it
would be a continuation of the existing pavement setback.
Approval is subject to the following conditions:
All construction shall follow the site plan approved by the city, except as stated below. The
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director of community development may approve minor changes.
2. The applicant shall revise the site plan for staff approval as follows:
a. Cut away the part of the new easterly parking lot that encroaches into the required five-
foot side-yard setback area along the east edge. The applicant shall backfill and sod this
five-foot setback area.
b. The excess pavement material shall be removed from the site and properly disposed of.
a The edges of the new parking lot shall be curbed with upright continuous concrete
curbing. The plan for this curbing shall be submitted to staff for approval by the city
engineer who will evaluate the parking lot for drainage control. The curbing requirement
maybe waived if deemed necessary for drainage purposes by the city engineer.
d. The required five-foot setback shall be measured to the back of the curb, if the engineer
requires curbing, not to the parking lot edge.
e. Stripe the parking spaces as required by code. Parking stall widths for the inventory
parking maybe less than nine feet wide since code only addresses customer or employee
parking.
£ The applicant shall complete these parking lot corrections by June 30, 2002. The city
council shall review this permit at that time to check on the progress and compliance with
these conditions.
g. The applicant shall obtain a cross easement from the abutting property owner to drain
their parking lot onto the neighbor's property. The applicant shall provide the city with a
copy of the written easement documentation before the June 30, 2002 deadline for
compliance with parking lot corrections.
h. This permit allows the construction of the proposed 10- by 12-foot shed. If the
applicants storage needs increase, this permit would also allow the construction of a
larger storage building. The size of this larger building shall not exceed the size of a
standard three-car garage. The exterior of the larger building shall match the exterior
material and color of the applicants existing buildings. The small shed shall have a
wood exterior and be stained to match the color of the existing buildings.
Councilmember Koppen seconded Ayes-All
K. NEW BUSINESS
1. Pawn Shop and Currency Exchange Business Ordinance (First Reading)
a. City Manager Fursman introduced the staff report.
b. Assistant City Manager Coleman presented the specifics of the report.
Councilmember Collins moved to approve the first reading of the following ordinance limiting
the number of pawnshops and currency exchange businesses to one each at an,, t
ORDINANCE NO. 820
AN ORDINANCE AMENDING CHAPTER 22 OF CITY CODE PERTAINING TO
PAWNBROKERS AND ADDING LANGUAGE TO REGULATE CURRENCY
EXCHANGE BUSINESSES
The Maplewood City Council hereby ordains as follows:
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Section 1. Sec. 22-16, is amended as follows (the additions have been underlined):
~ No person shall exercise, carry on or engage in the trade or business of pawnbroker within the city
without first having obtained a license, from the city, to do so in conformance with the
provisions of this article.
b~ Each license shall be issued to the applicant only and shall not be transferable.
~ Each license shall be issued only for the premises described in the application and shall not be
transferable to a different location.
No change in ownership, control or location of a license shall be permitted except by amendment to
the license. Such license amendment must be approved by City Council.
~ No more than one (1) pawnbroker license shall be issued by the City at any time. The city shall give
priorit,~ to qualified applicants for renewal of an existing license.
Section 2. Sec. 22.1 is added as follows (the additions have been underlined):
(a) Definition. The term "currency exchange" is defined in Minnesota Statutes Section 53A.01
subdivision 1. Currency exchange means anyperson, except a bank, trust company, savings
bank. savings and loan association, credit union, or industrial loan or thrift company, ena~aged in
the business of cashing checks, drafts, money orders or travelers' checks for a fee. Currency
exchange does not include a person who provides these services incidental to the person's
primary business if the charge for cashing a check or draft does not exceed one dollar ($1.00) or
one (1) percent of the value of the check or draft, whichever is Greater.
(b) License required. No person shall exercise, carry on or enff~age in the trade of currency exchange in
Maplewood without first having obtained a license from the city to do so in conformance with
this Chapter and Minnesota Statutes Chapter 53A.
(c) Each license shall be issued to the applicant only and shall not be transferable.
(d) Each license shall be issued only for the premises described in the application and shall not be
transferable to a different location.
(e) No change in ownership, control or location of a license shall be permitted except by amendment to
the license. Such license amendment must be approved by the City Council.
(f) No more than one (1) currency exchange license shall be issued by the City at any time. The City
shall give prioritj to qualified applicants for renewal of an existing license.
(g) License fee. The amount of the annual license fee for a currency exchange license under this article
shall be imposed, established, set and fixed by the City Council, by resolution, from time to time.
(h) Applications for license. The applicant for a currency exchange license under this article shall apps
to the city clerk for such license and a copy thereof shall be forwarded to the chief of police.
The chief of police, or an officer duly detailed by the chief for such purpose, shall investigate the
applicant and report the results of such investiGation to the City Council.
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The City Council must approve all currency exchange licenses. The City Council may
disapprove an application for the following reasons:
1. Violation of any provision of the state currency exchange law contained in Chapter 53A.
2. The location of the proposed business does not comply with applicable zoning, building or fire
codes. All currency exchange businesses must obtain a Conditional Use Permit.
3. Any one (1) or more of the reasons, conditions, or standards for adverse action under Section 36-
436 of City Code.
Council asked Assistant City Manger Coleman to consider distance restrictions from schools,
churches and residential areas for consideration at the second reading.
Mayor Cardinal seconded Ayes-Councilmembers Allenspach, Wasiluk, and Collins
Nays- Mayor Cardinal, Councilmember Koppen
2. Selling of Long Guns
a. City Manager Fursman introduced the staff report.
b. Chief Winger presented the specifics of the report.
Councilmember Allenspach moved to approve the selling of 141ong guns.
L.
Councilmember Koppen seconded
VISITOR PRESENTATIONS
Ayes-Councilmembers Allenspach, Wasiluk, and
Koppen
Nays--Mayor Cardinal, Councilmember Collins
Jan Steiner-876 E. Shore Drive, Maplewood, an artist, donated pieces of her artwork to the city.
M.
2. Bob Zick-1880 E. Shore Drive, Maplewood, read into the record a letter regarding the recent
school district 622 election.
3. Joseph Plumbo, 176 E. Skillman Avenue, Maplewood, expressed his opposition to the proposal
to install soccer fields at Sandy Lake.
COUNCIL PRESENTATIONS
1. Parking Ordinance-Councilmember Koppen questioned the policing procedures of the parking
ordinance.
2. Election Judges-Mayor Cardinal stated that he wanted to extend appreciation on behalf of the
city to the election judges that served in the primary and general elections.
3. Hijacek Property-Assistant City Manger Coleman stated that there has been recent interest in this
parcel.
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N. ADMINISTRATIVE PRESENTATIONS
1. Sandy Lake-Parks and Recreation Director Anderson updated the council on the current standing
of proposed projects around Sandy Lake.
O. ADJOURNMENT
Councilmember Allenspach moved to adjourn the meeting at 8:20 p.m.
Councilmember Wasiluk seconded Ayes-All
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