HomeMy WebLinkAbout04-08-2002MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, Apri18, 2002
Council Chambers, Municipal Building
Meeting No. 02-07
A.
B.
C.
D.
E.
F
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
Kenneth V. Collins, Councilmember Present
Kathleen Juenemann, Councilmember Present
Marvin C. Koppen, Councilmember Present
Julie A. Wasiluk, Councilmember Present
APPROVAL OF MINUTES
Councilmember Juenemann moved to approve the Council Workshop Minutes of March 25, 2002
as presented.
Seconded by Councilmember Wasiluk
Ayes-All
Councilmember Juenemann moved to approve the City Council Minutes of March 25, 2002
meeting
No. 02-06 as presented.
Seconded by Councilmember Koppen Ayes-All
APPROVAL OF AGENDA
Councilmember Collins moved to approve the agenda as amended.
N1. May 27~' Meeting
M 1. Inter-religious Response to Hate and Bigotry
M2. Council Staff Retreat
M3. Snowplowing
Seconded by Councilmember Juenemann Ayes-All
APPOINTMENT S/PRESENTATIONS
None
City Council Meeting 04-08-02
G. CONSENT AGENDA
Councilmember Juenemann pulled consent item 2 for a separate vote.
Councilmember Koppen moved to approve the Consent Agenda Items 1 and 3-6 as presented.
Seconded by Councilmember Juenemann Ayes-All
1. Approval of Claims
ACCOUNTS
PAYABLE
$6,560.45 Check #57257 dated 3/19/02
$188,497.86 Checks #57258 thru #57310 dated 3/26/02
$98,902.35 Disbursements via debits to checking account
dated 3/19 thru 3/25/02
$120.00 Check #57311 dated #3/27/02
$561,983.64 Checks #57312 thru #57396 dated 4/02/02
$85,627.14 Disbursements via debits to checking account
dated 3/26/02 thru 3/29/02
$941,691.44 Total Accounts Payable
PAYROLL
$369,295.31 Payroll Checks and Direct Deposits dated
3/29/02
$26,739.17 Payroll Deduction checks #88463 thru #88468
dated 3/29/02
$396,034.48 Total Payroll
$1,337,725.92 GRAND TOTAL
3. Conditional Use Permit-Woodland Hills Church (1740 Van Dyke Street)
Approved staff's recommendation to review the Conditional Use Permit for Woodland Hills
Church (1740 VanDyke Street) in one year to ensure completion of all exterior
improvements.
4. Reallocation of Special Assessment Prepayments
Approved transfers from the debt service fund for the 2001 Improvement Bond.
Issue.
City Council Meeting 04-08-02 ~
5. Budget Change for Public Safety Dispatching Center Fund
Approved a $49,810 appropriation for the Public Safety Dispatching Center Fund to make
the final purchases for the Communications Center.
6. Interim Agreement-International Association of Firefighters (IAFF)
Approved an Interim Agreement with the International Association of Firefighters (IAFF).
Councilmember Wasiluk moved to approve Consent Agenda Item #2.
2. National Public Safety Telecommunication Week
Adopted the following resolution recognizing our public safety dispatchers April
14-20, 2002:
Resolution 02-04-047
NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK
APRIL 14-20, 2002
WHEREAS emergencies can occur at any time that require police, fire or emergency medical
services; and
WHEREAS when an emergency occurs, the prompt response of police officers, firefighters and
paramedics is critical to the protection of life and preservation of property; and
WHEREAS public safety dispatchers are the first and most critical contact our citizens have with
emergency services; and
WHEREAS public safety dispatchers are the single vital link for our police officers, firefighters and
paramedics by monitoring their activities by radio, providing them information and ensuring their
safety; and
WHEREAS public safety dispatchers for the Maplewood Emergency Communications Center have
contributed substantially to the apprehension of criminals, suppression of fires and treatment of
patients; and
WHEREAS each dispatcher has exhibited compassion, understanding and professionalism during
the performance of their job in the past year;
NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council declares the week of
April 14-20, 2002, to be National Telecommunications Week in honor of the men and women
whose diligence and professionalism keep our City and citizens safe.
Seconded by Councilmember Juenemann Ayes-All
City Council Meeting 04-08-02
H. PUBLIC HEARINGS
1. 7:00 P.M. Zoning Code Amendment-BC-M (Business Commercial Modified) District
(First Reading) (Four Votes)
a. City Manager Fursman introduced the staff report.
b. Assistant City Manager Coleman presented the specifics of the report.
c. Commissioner Dierich presented the Planning Commission report.
d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Steve Shirvinski, General Manager, Chili's, 1123 Willow River Road N. Hudson WI
Steve Parr, Manager, Outback Steakhouse, 4209 Edgemont Street, Vadnais Heights
e. Mayor Cardinal closed the public hearing.
Councilmember Koppen moved to approve the following ordinance allowing restaurants within the
BC(M) zoning district to offer food-to-go services. Double fines will be imposed on Chili's
Restaurant for failure to apply for the required building permits. The Conditional Use Permit for
Chili's will be reviewed in six months to ensure no neighborhood complaints:
ORDINANCE NO. 827
AN ORDINANCE AMENDING THE BC(1V1)
BUSINESS COMMERCIAL (MODIFIED) ZONING DISTRICT
The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances:
Section 1. This section amends Section 36-155 of the city code by clarifying the types of uses allowed in
the Business Commercial (Modified) zoning district (deletions are stricken and additions are underlined)
Sec. 36-155. BC(M) Commercial District (Modified).
(c) Conditional uses. The following uses must have a conditional use permit:
(1) All permitted uses in R-3, multiple-dwelling district.
(2) Laundry.
(3) Restaurant, where there are no drive-up food or beverage erAer windows or outdoor
menu or ordering boards ° ..FF ,.a .,...,,..-,..,..:., .~,o:.. ,,,,.,,„,,,w:io.. All
cooking odors must be controlled so as not to be noticeable to adjacent residences.
(4) Place of amusement, recreation or assembly, other than an indoor theater, indoor
athletic activity or itinerant carnival.
(5) Minor motor fuel station, subject to the requirements in section 36-151(b)(9).
(6) On-sale liquor business (subject to license).
City Council Meeting 04-08-02
(7) Any use that would be similar to any of the above uses, if it is not noxious or
hazardous.
(d) Prohibited uses:
(1) Drive-in theaters ~~ a_: ~°*°~~~°~*°.
(2) Commercial or fee parking lots where such use is the only use of a given parcel or
where such use provides for general rather than specific use parking.
(3) The exterior storage, display, sale, or distribution of equipment, goods, or materials.
(4) Car wash.
(5) Public garage or major motor fuel station.
(6) Compressed natural gas or liquid petroleum gas dispensing facilities.
(7) Restaurants with drive-up food or beverage windows.
(8) Restaurants with outdoor menu or ordering boards.
(e) Definitions:
.............:...~..:.. ,....,.w.,.w:i .,.
"Drive-up food or beverage window" means an opening in the wall of a building or
restaurant designed and intended to be used to provide food and/or beverage sales and/or
food and/or beverage service to patrons who remain in their vehicles.
Section 2. This ordinance shall take effect after a second reading and after the city publishes it in the
official newspaper.
Seconded by Mayor Cardinal Ayes-All
2. 7:15 P.M. Markham Pond Outlet Improvements, Project 02-02: Resolution Ordering
Improvement after Public Hearing (4 Votes)
a. City Manager Fursman introduced the staff report.
b. City Engineer Ahl presented the specifics of the report
c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following person was heard:
Bob Tilges, Developer of Property, 1200 Junction Avenue
d. Mayor Cardinal closed the public hearing.
City Council Meeting 04-08-02
Councilmember Wasiluk moved to approve the following resolution ordering the improvement after
the public hearing and authorizing the preparation of plans and specifications, contingent upon the
developer providing an escrow for 150% of the estimated developer share, and, contingent upon the
final approval of development plans for the Markham Pond Outlet Improvements, project 02-02:
RESOLUTION 02-04-048
ORDERING IMPROVEMENT AFTER PUBLIC HEARING
WHEREAS, aresolution of the city council adopted March 11, 2002, and amended on March 25,
2002, fixed a date for a council hearing on the proposed improvement of the Markham Pond Outlet and
Utility Improvements, City Project 02-02, and
WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and
the hearing was duly held on April 8, 2002, 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:
1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the
City of Maplewood make utility and storm sewer improvements along the eastern side of Hazelwood
Street, south of Beam Avenue at the outlet to Markham Pond, on City Project 02-02.
2. Such improvement is hereby ordered as proposed in the council resolution adopted the 8a'
day of Apri12002. This order shall be contingent upon the final City Council review and approval of
development plans for the subject property.
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 improvements, subject to the developer
depositing an escrow in the amount of 150% of the developer's estimated project share as noted within the
project financing. The City Engineer is further directed to prepare the necessary documents to convey the
unused city parcel adjacent to Hazelwood Street and adjacent to this parcel to the developer in exchange for
$4,782 and a parcel of the developer's property necessary for the improvement of Hazelwood Street right
of way.
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 $85,000 shall be established, with a
financing plan as follows:
Assessments $44,352
Debt Service $36,648
Utility Fund $ 4,000
Total $85,000
Seconded by Councilmember Collins Ayes-Councilmember Collins,
Juenemann, Koppen, Wasiluk
Nays-Mayor Cardinal
I. AWARD OF BIDS
City Council Meeting 04-08-02
1. Maplewood Community Center Carpet Replacement
a. City Manager Fursman presented the staff report.
b. Parks and Recreation Director Anderson presented specifics of the report.
Councilmember Koppen moved to reject the bids for the replacement of carpeting at the
Maplewood Community Center and directed staff to rebid the proiect.
Seconded by Councilmember Juenemann Ayes-All
J. UNFINISHED BUSINESS
1. Code Amendment-Pawn Shops and Currency Exchange Businesses (Second Reading)
(4 Votes)
a. City Manager Fursman introduced the staff report.
b. Assistant City Manager Coleman presented the specifics of the report.
Councilmember Koppen moved to approve the following ordinance adding l~a~e to the
pawnbroker licensing requirements specifying a conditional use permit is required for pawnbrokers
and also relocates the newly adopted currency exchange ordinance form under the pawnbroker
article to its own article. The second ordinance revises the BC and M-1 zoning districts to allow
pawnbrokers and currency exchanges with a conditional use permit only if the property is located
500 feet or more form a residential lot line, or if it is located 500 feet or more from any_ school or
church:
ORDINANCE NO. 824
AN ORDINANCE AMENDING THE PAWNBROKER AND
CURRENCY EXCHANGE LICENSING REQUIREMENTS
The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances:
Section 1. This amends Section 22-20 (Pawnbroker Licensing Application) by clarifying the licensing
requirements for pawnbrokers [deletions are stricken and additions are underlined]:
Sec. 22-20. Applications for licenses.
The applicant for a pawnbroker's license under this article shall apply to the city clerk for such license and
City Council Meeting 04-08-02
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.
The city council must approve all pawnbroker's license. The city council may disapprove an application
for the following reasons:
1. Violation of anyprovision of the state pawnbroker law contained in Minnesota Statutes.
2. The location of the proposed business does not comply with applicable zoning, building or fire
codes. All pawnbrokers must obtain a conditional use permit.
3. Any one (1) or more of the reasons, conditions or standards for adverse action under Section 36-435
of the cit, c
Section 2. This amendment moves Section 22.1 (Currency Exchange) to Article ILA.:
ARTICLE II. PAWNBROKERS
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~F ~.c ,
ARTICLE ILA. CURRENCY EXCHANGE
al 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 engage in the trade or business 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.
(fl No more than one (1) currency exchange license shall be issued by the City at any time. The City
shall dive 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
apply 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.
The City Council must approve all currency exchange licenses. The City Council ma,~approve an
application for the following reasons:
1. Violation of any provision of the state currency exchange law contained in Chanter 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. Anv one (11 or more of the reasons. conditions or standards for adverse action under Section 36-435
of Cites
Section 3. This ordinance shall take effect after the city publishes it in the official newspaper.
City Council Meeting 04-08-02
ORDINANCE NO. 825
AN ORDINANCE AMENDING THE BUSINESS COMMERCIAL ZONING DISTRICT
The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances:
Section 1. This amendment revises Section 36-151 to allow pawnbrokers and currency exchanges within
the Business Commercial and Light Manufacturing zoning districts with a conditional use permit if at least
five hundred (500) feet or more from any property the city is planning for residential use, and be located
500 feet or more from a church or school [deletions are stricken and additions are underlined]:
Section 36-151(a). Permitted uses. The city shall only permit the following uses by right:
..~,.....:..,. F,......,.: a ....:,.~ ..,. .
(13) Reserved.
Section 36-151(b). Conditional uses. The following uses must have a conditional use permit:
(13)
...:,... ~~ ,.F.~...:.. .,.a.
Pawnbroker as defined in section 22. All pawnbrokers are subject to the following:
1. They must be located at least five hundred (500) feet from a residential lot line, and at least
five hundred (500) feet of any school or church.
2. City licensing as regulated in section 22 of the cit, c
Currency Exchange as defined in section 22. All currency exchanges are subject to the following:
1. They must be located at least five hundred (500) feet from a residential lot line, and at least
five hundred (500) feet of any school or church.
2. City licensing as regulated in section 22 of the cit, c
Section 2. This ordinance shall take effect after the city publishes it in the official newspaper.
Seconded by Councilmember Juenemann Ayes-All
2. Code Amendment-Outdoor-Lighting Ordinance (Second Reading) (4 Votes)
a. City Manager Fursman introduced the staff report.
b. Assistant City Manager Coleman presented the specifics of the report.
Councilmember Koppen moved to approve the following ordinance amending the outdoor-lighting
ordinance:
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ORDINANCE NO. 826
AN ORDINANCE AMENDING THE OUTDOOR-LIGHTING REQUIREMENTS
The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances:
Section 1. This amendment changes Section 36-28(C)(1) as follows (additions are underlined and deletions
are crossed out):
(c) The developer of any project, other than single or double dwellings, shall do the following:
,.w......,.:a ....:,.~ ....,.....h:.,.
(1) Install outdoor lighting according to the following requirements:
a. Purpose and Intent.
The purpose and intent of the Outdoor Lighting Code is to create minimum standards for the
dew and installation of all outdoor li~htin~. These regulations are intended to reduce the
problems created by improperly designed and installed outdoor li~htin~. It is intended to
eliminate problems of Aare, minimize light trespass and help reduce the enemy and financial
costs of outdoor lighting by establishing regulations that limit the area that certain outdoor
luminaries illuminate. A purpose of the Outdoor Lighting Code is to set standards for outdoor
l~htin~ to enhance the reasonable use and enjoyment of all property within the city. It is the
intent of the Outdoor Li~htin~ Code to encourage li~htingpractices that will reduce light
pollution by reducin~p-light. Aare and over li~htin~
b. De£mitions.
Direct Light: Light emitted directly from the lamp, off of the reflector or reflector diffuser
or through the refractor or diffuser lens of a luminary%
Fixture: The assembly that houses the lamp or lamps and can include all or some of the
following parts: housing, mounting bracket, pole socket, lamp holder, ballast, reflector.
mirror and/or refractor or lens.
Glare: Direct light emitted from a luminary with an intensity great enough to cause visual
discomfort, eye fatigue, a reduction in a viewers ability to see, or in extreme cases,
momentary blindness.
~Grandfathered Luminaries: Luminaries not conforming to this Outdoor Lighting Code
that were in place at the time this code took effect.
Lamp: The component of a luminary that produces the actual light.
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Light Trespass: Licit produced by a luminary that illuminates areas beyond the boundaries
of the property on which it is located.
Lumen: A unit of luminous flux. One footcandle is one lumen per square foot. For the
purposes of these regulations, the lumen-output values shall be the initial lumen output
rating of the lamp.
Luminary: This is a complete lighting system and includes a lamp or lamps and a fixture.
Outdoor Lighting: The illumination of an outside area or object by any man-made device.
This includes direct lighting for signs and light emitting from within a sign cabinet or sign
structure.
(10)Shielded Lights: Outdoor luminary shielded or constructed so that no light ra,
emitted by the installed fixture at angles above the horizontal plane of the luminaries opaque
cover or shade.
c. Control of Glare.
All luminaries used for outdoor lighting shall be designed and installed to have their lamp,
reflector and reflector diffuser concealed from any residential area or public street. Luminaries
mounted beneath canopies shall be aflush-mount type so that they do not extend beneath the
lower surface of the canopy.
Direct lighting used for the purpose of illuminating any sign shall be aimed or shielded to meet
this requirement.
d. Recreational Facilities.
Li tins of outdoor recreational facilities, such as, but not limited to, ball fields, tennis courts,
soccer fields, hockey or skating rinks, golf courses and golf-ball driving ranges and special
event or play areas, shall meet the following conditions:
All fixtures used for such lighting shall be shielded or aimed to comply with this ordinance
as much as possible and be designed or provided with sharp cut-off capability to minimize
up-light, light spillover and glare. This code recognizes that lighting of recreational
facilities may require a certain amount of direct, outward lighting to illuminate a vast area.
Recreational-facility lighting is prohibited after 10:30 p.m., unless a later completion time is
approved by the city council.
e. Grandfathering of Nonconforming Luminaries.
Luminaries lawfully in place before the effective date of the outdoor-lighting ordinance shall be
allowed to remain. Such luminaries, however, are not exempt from complying with the outdoor-
l~hting ordinance that was in effect at the time of their installation. If fixtures are replaced as
part of any construction requiring a buildingpermit, the fixture shall be upgraded to meet the
requirements of this ordinance.
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£ Light Pole Height Maximum.
The maximum height allowed for light poles shall be 25 feet as measured from the grade at the
base of the light Hole to the uppermost part of the luminary. Taller licit Holes maybe installed
to replace existing Holes that exceed 25 feet and for athletic field or recreational li~htin~. The
community design review board may allow taller light Holes as part of a design review for
nonresidential development, based on appropriateness for a specific proposal. Staff may review
lighting plans under the "minor construction" provisions of Section 25-65 of the city code.
& Photometric Plan Required.
The developer of any recreational, multiple-dwelling or nonresidential development shall
submit a photometric plan for review by the city. The director of community development may
waive the requirement for a photometric plan if he or she determines that waiving such a plan
would not have a negative impact. A photometric plan shall include:
Site and architectural plans indicating the location of the types of luminaries proposed.
A detailed description of the luminary, including manufacturer's catalog cuts and drawings
including sections.
A drawn plan that illustrates the light spread and footcandle levels of the proposed
luminaries.
h. Light-Intensity Maximum.
Outdoor lighting shall not exceed .4 footcandles of light intensity at the property lines on which
the outdoor lights are installed.
i. Light Trespass.
All outdoor lighting fixtures shall be designed, installed and maintained to prevent light
trespass. Outdoor lighting fixtures shall be installed and maintained to prevent direct light from
the luminary from hitting adjacent or nearby residential property. If such condition should
occur, the luminary shall be replaced, redirected or shielded to have its light output controlled to
eliminate light trespass or glare.
Section 2. This amendment also adds Section 19-9(25) as follows (additions are underlined):
Sec. 19-9. Same Affecting peace and safety.
The following are declared to be nuisances affecting public peace and safety:
Lights on any building or property that annoy or cause a nuisance to neighboring property
owner, occupant or resident. For the purpose of determining allowable lighting, the guidelines
listed in Section 36-28(c~(1) shall apple.
Section 3. This amendment also changes Section 25-68(x)(8) as follows (additions are underlined and
deletions are crossed out):
City Council Meeting 04-08-02 13
All persons required to submit building or remodeling plans under this article shall submit a community
design review board application form and the following written materials, as applicable to the specific
project and in sufficient quantities as determined by the board, to the community design review board:
(a)(8) 'T'"~'~~°*~~~° ,.c°" ~~^~~~~~'~~-'~*~~~- °*°~a°~a°. A detailed photometric plan as required by the
outdoor lighting requirements in Section 36-28.
Section 4. This ordinance shall take effect after the city publishes it in the official newspaper.
Seconded by Councilmember Wasiluk Ayes-All
K. NEW BUSINESS
1. Maplewood Mall Area Traffic Study-City Project 01-11:
A. Comprehensive Plan Amendment
B. Direct Preparation of Alignment and Land Use Study
a. City Manager Fursman introduced the staff report.
b. City Engineer Ahl presented the specifics of the report.
c. Karl Keel presented the Traffic Study Report.
d. Commissioner Dierich presented the Planning Commission Report.
Councilmember Koppen moved to adopt the following resolution adopting the Maplewood Mall
Area Comprehensive Traffic Study as a referenced appendix to the Transportation Section of the
Maplewood Comprehensive Plan, and direct an alignment study to be conducted for the extension
of County Road D, westerly and potentially southerly from Hazelwood Street to T.H. 61:
Resolution 02-04-049
A RESOLUTION FOR COMPREHENSIVE PLAN AMENDMENT
and
DIRECTING A ROAD ALIGNMENT STUDY AND LAND USE STUDY
WHEREAS, the Maplewood City Council adopted a goal in 2001 to resolve the traffic
congestion in the area around the Maplewood Mall, and
WHEREAS, the Maplewood City Council directed the preparation of The Maplewood Mall
Area Comprehensive Traffic Study that addressed a plan for traffic in the northern section of
Maplewood, and
WHEREAS, said Study recommends two major improvements to the overall area
transportation system.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD that:
1. The Maplewood Comprehensive Plan is hereby amended to include a copy of the
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Maplewood Mall Area Comprehensive Traffic Study as an appendix to the Transportation Chapter
of the Comprehensive Plan. This Comprehensive Plan amendment shall be submitted to the
Metropolitan Council for consideration prior to final inclusion.
2. An alignment study for the extension of County Road D, westerly and potentially southerly
from Hazelwood Street to T.H. 61, and then returning northerly, west of T.H. 61 to the original
County Road D alignment is hereby referred to the City Engineer for preparation of a study.
3. A study of the land use adjacent to and surrounding the future alignment of the realignment
of County Road D is hereby directed and referred to the Director of Community Development for
study and shall be returned to the Planning Commission and City Council prior to or with the said
road alignment study.
4. Funds in the amount of $40,000 are hereby authorized for the purpose of conducting said
studies. These funds shall be allocated as a construction fund as preliminary feasibility studies and
shall be allocated in the amount of $25,000 for the improvement project from Hazelwood to T.H.
61, and $15,000 for the improvement project from T.H. 61 back to County Road D.
Seconded by Councilmember Juenemann Ayes-All
2. English Street Improvements, City Project 01-14:
A. Resolution Approving Plans and Advertising for Bids
B. Resolution Ordering Preparation of Assessment Roll
C. Resolution Ordering Assessment Hearing
D. Resolution to Approve No Parking
a. City Manager Fursman introduced the staff report.
b. City Engineer Ahl presented the specifics of the report.
Councilmember Koppen moved to approve the following resolution for English Street
Improvements. Project 01-14. Approving Plans and Advertising for Bids:
Resolution 02-04-050
RESOLUTION APPROVING PLANS /ADVERTISING FOR BIDS
WHEREAS, pursuant to resolution passed by the city council on January 28, 2002, plans
and specifications for English Street, Frost Avenue to Cope Avenue, Project 01-14, have been
prepared by (or under the direction of) the city engineer, who has presented such plans and
specifications to the council for approval,
WHEREAS, the proposed road width of 28 feet does not meet city ordinance requirements
but is proposed to "calm" traffic.
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
City Council Meeting 04-08-02 15
Construction Bulletin 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 10:00 am. on the 3rd day of May, 2002, 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
May 13, 2002.
4. Said variance to city ordinance requirements is hereby approved.
Seconded by Councilmember Juenemann Ayes-All
Councilmember Koppen moved to approve the following resolution for English Street
Improvements, Project 01-14, Ordering Preparation of Assessment Roll:
Resolution 02-04-051
ORDERING PREPARATION OF ASSESSMENT ROLL
WHEREAS, the city clerk and city engineer will receive bids for the improvement of
English Street (Frost Avenue to Cope Avenue), City Project 01-14.
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.
Seconded by Councilmember Juenemann Ayes-All
Councilmember Koppen moved to approve the following resolution for English Street
Improvements. Project 01-14. Ordering Assessment Roll Hearin
Resolution 02-04-052
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 English Street, from Frost Avenue to Cope Avenue, City
Project 01-14, 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:
City Council Meeting 04-08-02 16
1. A hearing shall be held on the 13th day of May, 2002, at the city hall at 7:15 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.
Seconded by Councilmember Juenemann Ayes-All
Councilmember Collins moved to approve the following resolution for English Street
Improvements, Project 01-14, No Parking Restriction:
Resolution 02-04-053
NO PARKING RESTRICTION
ENGLISH STREET IMPROVEMENT, PROJECT 01-14
WHEREAS, the City of Maplewood has approved the plans for the construction of English Street
from Frost Avenue to Cope Avenue.
WHEREAS, the city will be expending Municipal State Aid (MSA Project 138-104-07) funds on
the improvement of said street; and
WHEREAS, said improvement does not conform to the approved minimum width standard with
unrestricted parking; and
WHEREAS, release of MSA funds is dependent on specified parking restrictions.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the City of Maplewood shall ban the
parking of motor vehicles on both sides of English Street from Cope Avenue to Frost Avenue
except where parking bays are provided and the total street width is 34'.
Seconded by Councilmember Koppen Ayes-All
3. Gladstone Park Development, City Project 01-23:
A. Resolution Accepting Report and Ordering Improvement
B. Resolution Approving Plans and Advertising for Bids
a. City Manager Fursman introduced the staff report.
b. City Engineer Ahl presented the specifics of the report.
Councilmember Koppen moved to approve the following resolution for Gladstone Park
Development Improvements. Project 01-23: Accepting Report and Ordering Improvement:
City Council Meeting 04-08-02 17
Resolution 02-04-054
ACCEPTING REPORT AND ORDERING IMPROVEMENT
WHEREAS, pursuant to resolution of the council adopted November 12, 2001, a report has
been prepared by the city engineering division with reference to the improvement of Gladstone Park
Development, City Project 01-23, and this report was received by the council on April 8, 2002, and
WHEREAS, the report provides information regarding whether the proposed project is
necessary, cost-effective, and feasible,
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. That it is necessary, cost-effective, and feasible, as detailed in the feasibility report, that the
City of Maplewood construct the street and utility infrastructure for the Gladstone Park
Development, City Project 01-23.
2. Such improvement is hereby ordered as proposed in the council resolution adopted the 8a'
day of Apri12002.
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 $232,330 shall be established.
The proposed financing plan is as follows:
Park Dedication Fund $232,330
Seconded by Councilmember Juenemann Ayes-All
Councilmember Koppen moved to approve the following resolution for Gladstone Park
Development Improvements, Project 01-23: Approving Plans Advertising for Bids:
Resolution 02-04-055
APPROVING PLANS ADVERTISING FOR BIDS
WHEREAS, pursuant to resolution passed by the city council on April 8, 2002, plans and
specifications for the Gladstone Park Development, Project 01-23, 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
Construction Bulletin 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
City Council Meeting 04-08-02 1 g
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 3rd day of May, 2002, 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
May 13, 2002.
Seconded by Councilmember Juenemann Ayes-All
4. Gladstone South Neighborhood Street Improvement, City Project 00-03:
A. Resolution Approving Plans and Advertising for Bids
B. Resolution Ordering Preparation of Assessment Roll
C. Resolution Ordering Assessment Hearing
a. City Manager Fursman introduced the staff report.
b. City Engineer Ahl presented the specifics of the report.
Councilmember Juenemann moved to approve the following resolution for English Street
Improvements, Project 01-14: Approving Plans and Advertising for Bids:
Resolution 02-04-056
APPROVING PLANS/ADVERTISING FOR BIDS
WHEREAS, pursuant to resolution passed by the city council on February 25, 2002, plans
and specifications for the Gladstone South Neighborhood Streets, Project 00-03, 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
Construction Bulletin 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 10:00 am., on the 7th day of May, 2002, 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
City Council Meeting 04-08-02 19
council will consider the bids, and the award of a contract, at the regular city council meeting of
May 13, 2002.
Seconded by Councilmember Koppen Ayes-All
Councilmember Juenemann moved to approve the following resolution for English Street
Improvements. Project 01-14: Ordering the Preparation of the Assessment Roll and Ordering the
Assessment Hearin:
Resolution 02-04-057
ORDERING PREPARATION OF ASSESSMENT ROLL
WHEREAS, the city clerk and city engineer will receive bids for the improvement of the
Gladstone South Neighborhood Streets, City Project 00-03.
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.
Seconded by Councilmember Koppen Ayes-All
Councilmember Juenemann moved to approve the following resolution for English Street
Improvements. Project 01-14: Ordering Assessment Roll Hearin
RESOLUTION 02-04-058
ASSESSMENT ROLL HEARING
WHEREAS, the clerk and the engineer have, at the direction of the council, prepared an
assessment roll for the construction of the Gladstone South Neighborhood Streets, City
Project 00-03, 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 13~' day of May, 2002, at the city hall at 7:30 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.
City Council Meeting 04-08-02 20
Seconded by Councilmember Koppen Ayes-All
5. Maple Hills Lift Station Relocation, City Project 02-04:
A. Resolution Approving Plans and Advertising for Bids
a. City Manager Fursman introduced the staff report.
b. City Engineer Ahl presented the specifics of the report.
Councilmember Collins moved to approve the following resolution for Maple Hills Sanitary Sewer
Relocation, Project 02-04: Approving Plans and Advertising for bids:
Resolution 02-04-059
APPROVING PLANS/ADVERTISING FOR BIDS
WHEREAS, pursuant to resolution passed by the city council on March 25, 2002, plans and
specifications for the maple Hills Lift Station Relocation, Project 02-04, 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
Construction Bulletin 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 10:30 am. on the 7th day of May, 2002, 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
May 13, 2002.
Seconded by Councilmember Juenemann Ayes-All
6. Maplewood Municipal State Aid Street System
A. Approve Resolution for Revision of Maplewood's State Aid System
B. Approve Resolution for Advance of State Aid Funds
a. City Manager Fursman introduced the staff report.
b. City Engineer Ahl presented the specifics of the report.
Councilmember Koppen moved to approve the following resolution requesting the approval of
City Council Meeting 04-08-02 21
Maplewood's revised Municipal State Aid Street System by the Commissioner of transportation of
the State of Minnesota:
Resolution 02-04-060
RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAYS
WHEREAS, the City Council of the City of Maplewood desires that the streets hereinafter
described meet all necessary criteria and thus should be designated municipal state aid streets under
the provision of Minnesota law.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood
that the roads described as follows, to-wit:
Kennard Street -Beam Avenue to County Road D
Ferndale Street- Stillwater Avenue to Maryland Avenue
Woodlyn Avenue -White Bear Avenue to McKnight Road
Beebe Road - Larpenteur Avenue to Holloway Avenue
be, and hereby are established, located, and designated municipal state aid streets of said city,
subject to the approval of the Commissioner of Transportation of the State of Minnesota.
BE IT FURTHER RESOLVED, that the city clerk is hereby authorized and directed to
forward two certified copies of this resolution to the commissioner of transportation for his
consideration, and that upon his approval of the designation of said road or portion thereof, the
same be constructed, improved, and maintained as a municipal state aid street of the City of
Maplewood to be numbered and known as Municipal State Aid Streets.
Seconded by Councilmember Juenemann Ayes-All
Councilmember Koppen moved to approve the following resolution revoking municipal state aid
hiehwa
Resolution 02-04-061
RESOLUTION REVOKING MUNICIPAL STATE AID HIGHWAYS
WHEREAS, the City Council of the City of Maplewood desires that the streets hereinafter
described as municipal state aid streets be removed from consideration as municipal state aid streets
under the provisions of Minnesota law.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood,
that the roads described as follows, to-wit:
MSAS 112-002 Ripley Avenue English Street to Hazelwood Street
MSAS 112-005 Hazelwood Street Ripley Avenue to Frost Avenue
be, and hereby are revoked as municipal state aid streets of said city, subject to the approval of the
Commissioner of Transportation of the State of Minnesota
BE IT FURTHER RESOLVED, that the city clerk is hereby authorized and directed to
forward two certified copies of this resolution to the commissioner of transportation for
consideration.
City Council Meeting 04-08-02 22
Seconded by Councilmember Juenemann Ayes-All
Councilmember Koppen moved to approve the following resolution requesting an advance
encumbrance of $897,000 on our municipal state aid account:
Resolution 02-04-062
ADVANCE OF STATE AID FUNDS FOR MUNICIPAL HIGHWAYS
WHEREAS, the City of Maplewood is planning on implementing Municipal State Aid
Street Projects in 2002 which will require state aid funds in excess of those available in its State Aid
Construction Account, and
WHEREAS, said city is prepared to proceed with the construction of said projects through
the use of advance encumbrances from the General State Aid Construction Account to supplement
the available funds in their State Aid Construction Account, and
WHEREAS, repayment of the funds so advanced will be made in accordance with the
provisions of Minnesota Statutes 162.14 Subdivision 6 and Minnesota Rules, Chapter 8820.
NOW, THEREFORE, BE IT RESOLVED that the Commissioner of Transportation be and
is hereby requested to approve this advance for financing approved Municipal State Aid Street
Projects of the City of Maplewood in an amount of up to $897,600 in accordance with the
Minnesota Rules 8820.1500, Subparagraph 9, and to authorize repayments from the following years
accruals to the construction account of the Municipal State Aid Street fund for said city.
Seconded by Councilmember Juenemann Ayes-All
Joy Road/120 Signal System Improvements, City Project 02-01: Resolution Approving
Preliminary Layout No. 2 of the Minnesota Department of Transportation Project SP 6227-
56, Intersection of TH 120 and Joy Road
a. City Manager Fursman introduced the staff report.
b. City Engineer Ahl presented the specifics of the report.
Councilmember Juenemann moved to approve the following resolution approving the Preliminary
Layout No.2 of the Minnesota Department of Transportation project St 6227-56, the intersection of
TH 120 and Joy Road, City Project 02-01:
Resolution No. 02-04-063
CITY OF MAPLEWOOD
RAMSEY COUNTY, MINNESOTA
RESOLUTION APPROVING PRELIMINARY LAYOUT NO. 2 OF THE MINNESOTA
DEPARTMENT OF TRANSPORTATION PROJECT SP 6227-56, INTERSECTION OF TH 120
AND JOY ROAD
WHEREAS, the Commissioner of the Department of Transportation has prepared a
preliminary layout for the construction of additional turn lanes and traffic signal at the intersection
City Council Meeting 04-08-02 23
of Trunk Highway 120 at Joy Road in the corporate limits of Maplewood, and
WHEREAS, said preliminary layout is on file in the office of the Department of
Transportation, St. Paul, Minnesota, being marked, labeled, and identified as Layout No. 2, T.H.
120 vicinity of Oakdale from south exit ramps of Highway 694 and 1200' south.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA THAT:
Said Layout No. 2, T.H. 120 vicinity of Oakdale from south exit ramps of Highway 694 and 1200'
south, State Project SP 6227-56, is hereby approved by the City of Maplewood.
Seconded by Councilmember Koppen Ayes-All
8. Bush Avenue Improvements, City Project 01-04: Resolution Directing Modification of
Construction Contract, Change Order No. 2
a. City Manager Fursman introduced the staff report.
b. City Engineer Ahl presented the specifics of the report.
Councilmember Koppen moved to approve the following resolution for modification of the
Construction Contract for Bush Avenue, City Project 01-04, in the amount of $11,647.31,
represented by change order No.2:
Resolution 02-04-064
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project 01-04, Bush Avenue Improvements, and has let a construction contract
pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be modified and designated
as Improvement Project 01-04, Change Order 2.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the
existing contract by executing said Change Order No.2 in the amount of $11,647.31. The revised
contract amount is $243,367.44.
The finance director is hereby authorized to make the financial transfers necessary to
implement the financing plan for the project. The project budget is increased by $0.
Seconded by Councilmember Juenemann Ayes-All
9. Waiver of Assessment of Tax Forfeited Parcel, PIN: 02-29-22-11-0010
a. City Manager Fursman introduced the staff report.
b. City Engineer Ahl presented the specifics of the report.
City Council Meeting 04-08-02 24
Councilmember Juenemann moved to approve the following resolution of the waiver of
assessments for PID 02-029-22-11-0010 as it is in the interest of the city to return this parcel to the
tax rolls:
Resolution 02-04-065
WAIVING ASSESSMENTS
WHEREAS, it is in the interest of the City of Maplewood, Minnesota, to add parcel PID 02-
29-22-11-0010 to the tax rolls by waiving previous assessments and combining the parcel with
3045 McKnight Road North.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood,
Minnesota that assessments against parcel PID 02-29-22-11-0010 be waived.
Seconded by Councilmember Koppen
Ayes-All
10. Intoxication Liquor License Application Off-Sale-Charly Tou Lor
a. City Manager Fursman introduced the staff report.
b. City Clerk Guilfoile presented the specifics of the report.
a The following person's were hear:
Fu Lor, Attorney for Charly Lor
Charly Lor, applicant
Councilmember Koppen moved to approve the license application for Off-Sale Liquor for Charly
Tou Lor for 1347 Frost Avenue:
Seconded by Mayor Cardinal
L. VISITOR PRESENTATIONS
None
L. COUNCIL PRESENTATIONS
Ayes-Mayor Cardinal,
Councilmembers, Koppen and Wasiluk
Nays-Councilmember Collins and
Juenemann
L Inter-religious Response to Hate and Bigotry--Councilmember Juenemann informed council
that a seminar will be held Tuesday, April 9, 8 a.m.-12 p.m. in the council chambers
discussing this critical issue.
2. Council/Staff Retreat--Councilmember Juenemann found the retreat extremely valuable and
felt the setting of goals and creating a vision were accomplished. Ms. Juenemann is looking
forward to further retreats to continue the manager's and council's efforts.
3. Snowplowing--Mayor Cardinal apologized to the public for torn up yards due to the plows
City Council Meeting 04-08-02 25
and encouraged citizens to contact the City Engineer if their yards were affected by the
plowing.
N. ADMINISTRATIVE PRESENTATIONS
May 27~' City Council Meeting--Due to Memorial Day, the meeting regularly scheduled for
Monday, May 27 will be held Tuesday May 28a'.
O. ADJOURNMENT
Councilmember Wasiluk moved to adjourn the meeting at 9:22 P.M.
Seconded by Councilmember Collins Ayes -All
City Council Meeting 04-08-02 26