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HomeMy WebLinkAbout10-28-2002MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, October 28, 2002 Council Chambers, Municipal Building Meeting No. 02-23 A. B. C. D. E. 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. A moment of silence was held in remembrance of the victims of the plane crash in Northern Minnesota on Friday, October 18, 2002. 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 1. Minutes from the CounciUManager Workshop, October 14, 2002 Councilmember Juenemann moved to approve the CounciUManager Workshop Minutes of as presented. Seconded by Councilmember Wasiluk Ayes-All 2. Minutes from the City Council Meeting, October 14, 2002, Meeting No. 02-22 Councilmember Wasiluk moved to presented. Seconded by Councilmember Koppen APPROVAL OF AGENDA M1. National League Application M2. Carver School Compost Site M3. County Road D Alignment M4. Eldridge Avenue Rain Garden M5. City Website M6. Deer Shooting M7. Mercer Study M8. Citizen Police Academy M9. School District Referendum the City Council Minutes of October 14. 2002 as Ayes-All City Council 10-28-02 Councilmember Wasiluk moved to approve the Agenda as amended. Seconded by Councilmember Koppen Ayes-All F. APPOINTMENTS/PRESENTATIONS City Manager Fursman acknowledged Councilmember Juenemann as the 2002 Volunteer Citizen by Minnesota Crime Prevention Association. Councilmember Juenemann was presented the award at the annual convention of the Minnesota Crime Prevention Association held in St. Cloud on October 23, 2002. G. CONSENT AGENDA Councilmember Koppen moved to approve consent agenda items 1. 2. 4 -9, and 11-13 as presented. Seconded by Councilmember Wasiluk. Ayes-All Councilmember Juenemann moved to approve consent agenda item 3 as presented. Seconded by Councilmember Koppen. Ayes-All Councilmember Juenemann moved to approve consent agenda item 10 as presented. Seconded by Councilmember Koppen. Ayes-All 1. ACCOUNTS PAYABLE $1,057,779.59 Checks #59096 thru #59171 dated 10/15/02 $1,627,051.71 Disbursements via debits to checking account dated 10/4 thru 10/14/02 $5,000.00 Check#59172 dated 10/16/02 $345,214.47 Checks #59173 thru #59228 dated 10/18 thru 10/22/02 $206,089.24 Disbursements via debits to checking account dated 10/11 thru 10/21/02 $3,241,135.01 Total Accounts Payable City Council Meeting 10-28-02 2 PAYROLL $389,223.18 Payroll Checks and Direct Deposits dated 10/11/02 $24,066.91 Payroll Deduction checks #90866 thru #90872 dated 10/11/02 $413,290.09 Total Payroll $3,654,425.10 GRAND TOTAL 2. Ordinance 831 to Increase Sewer Rates (Second Reading) Approved the second reading of the following ordinance to increase the sanitary sewer charges effective January 1, 2003. ORDINANCE 831 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 $1.87 per 100 cubic feet. (b) There shall be a minimum of $10.49 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 $2.50 per 1,000 gallons. (b) There shall be a minimum of $10.49 quarterly per sewer service connection 3. Increase in City Clerk Department Service Charges Approved revisions in the City Clerk Department service charges and approved the first reading of the following ordinance to amend the permit period for cat and dog licenses: City Council Meeting 10-28-02 3 ORDINANCE 832 CAT AND DOG LICENSES Section 1.Section 7-38 of the Code of the City of Maplewood is hereby amended as follows: Section 7-38. Permit period. The permitperiod underthis division shall commence on January 1 ofthe year the permit is issued and will terminate on December 31 of the year after the permit is issued. 4. Increase in Community Development Department Service Charges Approved revisions in the Community Development Department License/Permit Fees and service charges listed in Exhibit A and approved the first reading of the following ordinance to increase planning fees: ORDINANCE 833 PLANNING FEES Section 1.Section 36-26 of the Zoning Code of the City of Maplewood is hereby amended as follows: Section 36-26. Fees. The following nonrefundable application fees shall be required: Zone Change $776 Conditional Use Permit: Rl & R2 232 Other 825 Conditional Use Permit Revision: Rl and R2 46 Other 165 Variances: Rl and R2 152 Other 848 Vacations: Rl and R2 146 Other 567 Lot Divisions (Fee per lot created): Rl and R2 81 Other 302 Home Occupation Permit (initial permit) 165 (annual renewal) 54 Comprehensive Plan Amendment 1,130 Code Amendment 848 Planned Unit Development 1,250 Preliminary Plat 1,400 Preliminary Plat Revision or Time Extension 220 Final Plat 380 City Council Meeting 10-28-02 4 Time Extensions/Renewals 139 Section 2. Section 36 - 258 of the sign code is amended as follows: Section 36 - 258. Fees. (1) A sign erection permit fee (except for billboards) shall be $24. (2) The fee for erection of billboards shall be $91. (3) The annual license fee for billboards shall be $355. Section 3. This ordinance shall take effect on January 1, 2003. 5. Increase in Miscellaneous Service Charges Increased miscellaneous service charges by 207% effective January 1, 2003 to keep up with inflation. 6. Temporary Gambling-Church of the Presentation of the Blessed Virgin Mary Adopted the following resolution approving the temporary gambling license for the Church of the Presentation of the Blessed Virgin Mary: RESOLUTION 02-10-166 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the Church of the Presentation of the Blessed Virgin Mary (BVM), 1725 Kennard 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 application 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. Annual Gambling Resolution-Hill Murray Mothers Club-Bleechers-2220 White Bear Avenue Adopted the following resolution approving the temporary gambling license for the Hill Murray Mothers Club-Bleechers: RESOLUTION 02-10-167 City Council Meeting 10-28-02 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the Hill-Murray Mother's Club, to operate at the same at 2220 White Bear Avenue, 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 application 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. 8. Annual Gambling Resolution-Hill Murray Mothers Club-5.8 Tavern & Grill-2289 Minnehaha Avenue Adopted the following resolution approving the temporary gambling license for the 5-8 Tavern & Grill: RESOLUTION 02-10-168 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the Hill-Murray Mother's Club, to operate at the same at 2289 Minnehaha Avenue, 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 application 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. 9. Conditional Use Permit Review-Sinclair Fuel Station (2158 Rice Street) Approved aone-year extension to Sinclair Oil Corporation's conditional use permit for the operation of a motor fuel station within the business commercial zoning district and the reconstruction of a fuel canopy with an existing nonconforming setback at 2158 Rice Street. 10. Score Grant Funding Request Approved the 2003 Score application grant for funding in the amount of $68,446 to repay the city for a portion of recycling costs. 11. Approval to Transfer Funds from Contingency City Council Meeting 10-28-02 6 Approved the transfer of $33,880.00 from the Cities Contingency Account to the General fund, Building Operations Account. 12. Approval of Nature Center Roof Replacement Approved the Stock Roofing proposal of $31,825.00 to replace the roof at the Maplewood Nature Center. 13. Cigarette and Tobacco Licenses-Sidney Applebaum-Sid's Discount Liquor-2515 White Bear Avenue Approved the Cigarette and Tobacco Licenses for Sidney Applebaum-Sid's Liquor at 2515 White Bear Avenue. H. PUBLIC HEARINGS 1. 7:00 p.m. Quality Restoration Services (1160 Frost Avenue) Conditional Use Permit Review Design Approval a. City Manager Fursman presented the staff report. b. Associate Planner Roberts presented specifics from the report. a Commissioner Pearson provided the Planning Commission Report. d. Boardmember Shankar provided the Community Design Review Board Report. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: None e. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution approving a conditional use permit revision to allow an outdoor storage yard south of Frost Avenue, east of Edward Street: RESOLUTION 02-10-169 CONDITIONAL USE PERMIT REVISION RESOLUTION WHEREAS, Mr. Roger McGuire, representing Quality Restoration Services, applied for a conditional use permit revision to continue to operate an outdoor storage yard. WHEREAS, this permit applies to the property located on the south side of Frost Avenue, formerly addressed as 1160 Frost Avenue. The legal description is: City Council Meeting 10-28-02 '7 VACATED ALLEY ACCRUING AND FOLLOWING, LOTS 1 THRU 10 AND LOTS 16 THRU 20 ,BLOCK 1, KAVANAGH AND DAWSOND S ADDITION TO GLADSTONE, AND VACATED ALLEY ACCRUING AND FOLLOWING, LOTS 11 THRU LOT 15, BLOCK 1, KAVANAGH AND DAWSON'S ADDITION TO GLADSTONE. WHEREAS, the history of this conditional use permit revision is as follows: 1. On October 7, 2002, the planning commission recommended that the city council approve this permit revision. 2. The city council held a public hearing on October 28, 2002. 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. At this meeting, the council tabled action on this request. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit revision 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 is subject to the following The additions are underlined and the deletions struck-out. City Council Meeting 10-28-02 All construction shall follow the site plan date-stamped June 11, 1997. The director of community development may approve minor changes. 2. The city council shall review this permit revision in one year. 'T'''^ ~~~a:*~~~°' ~~°~ ~~~~* ~- ~" ~°~~~~ ,,.. o ........w ..- , n ~nrn In addition, this permit shall end on November 1, 2007. So s=~~T, 'a'im~-&oic m r~=piio~ac oils-¢ ''mr 'nxi oc~icr 'iaxciszc''s~izixa~-&oicisonxs 3. The property owner shall submit a plan for staff approval showing the following site improvements: a. Restore the around area north of the north fence with a around cover. b. Plant screening trees to help hide the storage yard from Frost Avenue. The screening should include 8-foot-tall Black Hills spruce and white cedar in staggered rows. These plantings should cover the area from the east edge of the gate to a point about 60 feet to the east. Quality may place the screening rows near their fence or on top of the hill closer to Frost Avenue. c. Restore the areas of gravel and bare ground near Frost Avenue. This restoration will involve removing th~avel and weeds within about 50 feet of Frost Avenue and restoring the areas with turf, ground cover and landscaping. d. Remove all the Siberian elm trees from the property. e. When the city restores the open space site to the east. Quality shall remove and eradicate the knapweed and sweet clover from their property and then restore the hillside with ground cover. landscaping and trees. £ Providing additional screening on the south side of the site by adding landscaping or by providing a screening in the fence. The applicant or owner shall complete these improvements by June 1. 2003. 4. The temporary storage ofwork-related materials, such as dirt piles and cable spools, for example, maybe permitted. These materials maybe kept on site for no more than one month. No more than 25 percent of the site shall be used for the storage of such materials. 5. Normal hours of operation shall be 6:30 a.m. to 7:30 p.m. Monday through Friday. Exceptions will be allowed to provide emergency service to customers. 6. The city council will need to approve a revision to this permit if the owner wants to put a permanent building on the site. 7. The owner or operator shall provide a dumpster in the storage yard for business garbage. City Council Meeting 10-28-02 8. The owner or operator shall provide a paved driveway to the gate of the storage yard. Seconded by Councilmember Wasiluk Ayes-All 2. 7:15 p.m. Jiffy Lube (Maplewood Mall Ring Road) Conditional Use Permit Design Approval a. City Manager Fursman presented the staff report. b. Associate Planner Roberts presented specifics from the report. a Commissioner Pearson provided the Planning Commission Report. d. Boardmember Shankar provided the Community Design Review Board Report. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Reg Plowman of RJ Marco, 75 West Viking Drive, Little Canada Tom Schuette of Azure Properties e. Mayor Cardinal closed the public hearing. Councilmember Wasiluk moved to approve the following resolution approving the conditional use permit and design plans for a maintenance garage for Jiffy Lube along the ring road northeast of Maplewood Mall: RESOLUTION 02-10-170 CONDITIONAL USE PERMIT WHEREAS, Mr. Jim Lee, of RJ Marco Construction, applied for a conditional use permit to build a Jiffy Lube auto service facility (a vehicle maintenance garage). WHEREAS, this permit applies to the property that now has a vacant Pizza Hut Restaurant that is northeast of Maplewood Mall. The legal description is: Subject to easements, except East 167 feet and except the North 20 feet; Lot 15, Block 1, Maplewood Mall Addition (PIN 02-29-22-21-0014) WHEREAS, the history of this conditional use permit is as follows: 1. On October 7, 2002 the planning commission recommended that the city council approve this permit. 2. The city council held a public hearing on October 28, 2002. City staff published a notice in the City Council Meeting 10-28-02 10 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. 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. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed construction 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. The council also approved the design plans (architectural, site and landscaping) for Jiffy Lube. The developer shall do the following: 1. Repeat this review in two years if the city has not issued a building permit for this project. City Council Meeting 10-28-02 11 2. Before getting a building permit, the applicant must: a. Provide the following for the city engineer's approval: (1) A grading, drainage, utility and erosion control plan to the city engineer for approval. The erosion control plan shall meet all ordinance requirements. The drainage plan shall include details about the preparation and final design of the rainwater garden. The plans for the water main must be approved by the Saint Paul Regional Water Services (SPRWS). (2) Revised plans showing asix-foot-wide concrete sidewalk along the north and east sides of the ring road (along the entire south and west sides of the property). This sidewalk should be set back at least five feet from the edge of the ring road and shall have pedestrian ramps where it meets a driveway or a roadway curb. b. Revise the plans to: (1) Show the sidewalk as required by the city engineer. (2) Show the location of in-ground lawn irrigation lines and sprinklers. (3) Change the west building elevation to delete the three-infill utility brick soldier panels. (4) Show avan-accessible handicap-parking space. c. Provide a screening plan for any roof-top or ground mechanical equipment that is visible from the ring road or adjacent properties. d. Submit color schemes and material samples to staff for approval. e. Submit a plan for the underground irrigation for all landscaped areas. This plan shall show the required sidewalk. This plan shall be subject to staff approval. Underground irrigation is required for all landscaped areas. £ Submit plans for the trash enclosure. These plans shall show that the enclosure will match the building in color and that it will have a 100 percent opaque closeable gate. If the trash dumpster is kept inside the building, an outdoor enclosure is not required. 3. Complete the following before occupying the building: a. Replace property irons removed because of this construction. b. Install a reflectorized stop sign, ahandicap-parking sign for each handicap-parking space and an address on the building. c. Screen all roof-top or ground mechanical equipment visible from the ring road or adjacent property. d. Install and maintain an in-ground irrigation system for all landscaped areas. City Council Meeting 10-28-02 12 e. Construct a trash dumpster enclosure and an opaque gate to meet code requirements, unless trash dumpsters are stored indoors. £ Install the concrete sidewalk with pedestrian ramps as required by the city engineer. 4. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The city receives a 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. The contractor shall complete any unfinished landscaping by June 1 if the building is occupied in the fall or winter or within six weeks if the building is occupied in the spring or summer. a The city receives an agreement that will allow the city to complete any unfinished work. This approval does not include signage. All proposed signs must meet the requirements of the city's sign ordinance. The applicant or the contractor must obtain all required sign permits before the contractor installs them. 6. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Juenemann Ayes-Councilmembers Collins, Juenemann and Wasiluk Nays-Mayor Cardinal and Councilmember Koppen 3. 7:30 p.m. Maplewood Imports (Gervais Avenue, west of English Street) Conditional Use Permit Design Approval a. City Manager Fursman presented the staff report. b. Associate Planner Roberts presented specifics from the report. On October 15, the general manager of Maplewood Imports withdrew their request. No action was taken. I. AWARD OF BIDS None J. UNFINISHED BUSINESS City Council Meeting 10-28-02 13 1. Adult Use Ordinance a. City Manager Fursman presented the staff report. b. City Clerk Guilfoile presented specifics from the report. Councilmember Collins moved to approve the first reading of the revised Adult Uses and Sexually Oriented Businesses Ordinance with direction to check on a 500 foot restriction in the M-1 zoned districts from residential, school, church, parks and open space. Also set fee for Adult Use License and accepted the investigation fee recommendation: SECTION 2. This section adds the following to the Maplewood City Code: DIVISION 7. BC BUSINESS COMMERCIAL DISTRICT 36-151. Uses (a) Permitted uses. The city shall only permit the following uses by right: (18) Adult use accessory subject to the requirements in Chapter 17. SECTION 3. This section adds and deletes the following to the Maplewood City Code: DIVISION 8. SC SHOPPING CENTER DISTRICT Section 36-173 Use regulations. (a) Permitted uses. The city shall only permit the following uses by right: (12) Adult Use Accessory subject to the requirements in Chapter 17. The City may issue adult use accessory licenses to businesses or establishments located in SC (shopping center) Zoning District subject to the requirements in Chapter 17 and the following requirements: a. The adult use accessory shall comprise no more that twenty (20) percent of the floor area ofthe establishment or building in which it is located. b. Display areas for adult movie or videotape rentals or other similar products shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the person responsible for the operation. a Magazines and publications or other similar products classified or qualified as adult uses shall not be accessible to minors and shall be covered with a wrapper or other means to prevent display of any materials other than the publication title. d. Adult use accessory shall be prohibited from both internal and external advertising and signing of adult materials and products. City Council Meeting 10-28-02 14 SECTION 7. This section adds the following to the Maplewood City Code: DIVISION 10. M2-HEAVY MANUFACTUING DISTRICT Sec. 36-201. Permitted uses. The following are permitted uses in the M-2 district: (1) Any use permitted in the M-1 district except Adult Use Accessory Seconded by Councilmember Juenemann Ayes-All 2. Highwood Farm (Highwood Avenue East) Preliminary Plat Zoning Map Chang a. City Manager Fursman presented the staff report. b. Associate Planner Roberts presented specifics from the report. c. Assistant City Manager Coleman presented petitions submitted to the city for consideration. d. David Meyers, representing CEC Development responded to the petition and indicated he would be willing to table his application for an additiona130 days to look at alternative design proposals. Councilmember Koppen moved to Grant athirty-day ea~tension for the applicant to consult with staff and neighbors on the proposed plat and other development alternatives. Seconded by Councilmember Juenemann Ayes-All 3. Reconsideration of Phosphorus Fertilizer Ordinance a. City Manager Fursman presented the staff report. b. Assistant City Manger Coleman provided specifics of the report. No action was taken. 4. Ward System Update a. Mayor Cardinal presented the report and specifics. b. Assistant City Manager Fursman provided information from resident surveys. Councilmember Collins moved to take no further action in pursing a ward s,, s City Council Meeting 10-28-02 15 Seconded by Councilmember Juenemann K. NEW BUSINESS Ayes-Councilmember Collins, Juenemann, and Wasiluk. Nays-Mayor Cardinal, and Councilmember Koppen 1. Schedule Meeting on Proposed 2003 Budget a. Assistant City Manager Fursman presented the report. b. Finance Director Faust presented specifics form the report. Councilmember Juenemann moved to accept the date of November 25. 2002 after the council manager workshop for a special meeting for discussion on the proposed budget. Seconded by Councilmember Koppen Ayes-All 2. Personal Service License-Lisa Ann Bowman-Koenke-Salon Nostalgia-1690 N. McKnight Rd. Councilmember Juenemann moved to table until the applicant can be present. Seconded by Councilmember Collins Ayes-All 3. Intoxicating Liquor License- John Heinz for Sid's Discount Liquor-2515 White Bear Avenue Councilmember Collins moved to table until the applicant maybe present. Seconded by Councilmember Juenemann Ayes-All 4. Gladstone Park Plat Code Variation-Reduced Street Right-of--Way Width Final Plat a. City Manager Fursman presented the staff report. b. Associate Planner Roberts presented specifics from the report. Councilmember Collins moved to approve a city code variation fora 50-foot-wide street right- of-way (instead of 60 feet) in the Gladstone Park Addition, and approved the final plat. Seconded by Councilmember Wasiluk Ayes- All 5. Approval of Purchase Agreements: 1701 Adolphus Street Lot 7, Gladstone Park Addition City Council Meeting 10-28-02 16 a. City Manager Fursman presented the staff report and specifics from the report. Councilmember Collins moved to approve the purchase asreement for 1701 Adolphus Street and Lot 7 of Gladstone Park Addition and Authorize staff to execute the necessary documents to finalize the closing to acquire and sell these properties. Seconded by Councilmember Wasiluk Ayes-All 6. Hillcrest Area Development Moratorium Extension a. City Manager Fursman presented the staff report. b. Assistant City Manager Coleman presented specifics from the report. Councilmember Juenemann moved to adopt the following Hillcrest Village Moratorium Ordnance that establishes aone-year moratorium within the Hillcrest village Redevelopment Area: ORDINANCE NO. 834 AN ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND DEVELOPING BUILDING AND DESIGN STANDARDS FOR THE HILLCREST VILLAGE REDEVELOPMENT AREA The area under consideration (hereinafter "Hillcrest Village Redevelopment Area") includes land north of Larpenteur Avenue, east of White Bear Avenue, south of Ripley Avenue, and west of Hazel Street; also including properties on the west side of White Bear Avenue located north of Larpenteur Avenue and south of Frost Avenue (refer to Hillcrest Village Redevelopment Area map attached for exact location). The Maplewood City Council ordains: SECTION 1. PURPOSE 1.01 The City of Maplewood, in cooperation with the Metropolitan Council and the City of St. Paul, are currently conducting a smart growth initiative study that includes land use planning components for the Hillcrest Village Redevelopment Area. 1.02 The objective of the study is to design a land use concept for the Hillcrest Village Redevelopment Area. This information will help create a livable neighborhood where homes, jobs, and services are linked by walkable streets. 1.03 In addition to the study, the city's zoning ordinance, zoning map, and comprehensive plan may need to be revised to reflect the following issues: Land use Building setbacks City Council Meeting 10-28-02 17 Building height Design standards for buildings Pedestrian flow and safety Parking Streetscaping Signage Lighting Landscaping Housing density 1.04 There is a need for these studies to be conducted so that the city can adopt changes to the city's zoning ordinance, zoning map, comprehensive plan, and design standards for the development of the Hillcrest Village Redevelopment Area. SECTION 2. REDEVELOPMENT STUDY; MORATORIUM 2.01 The study is authorized by the city. City staff shall coordinate this study with the Metropolitan Council, City of St. Paul, White Bear Avenue Business Association, hired consultants, property owners, interested citizens, and the city council. 2.02 Upon completion of the study, it shall be presented to the planning commission and community design review board commission for their review and recommendation to the city council. 2.03 A moratorium on development in the Hillcrest Village Redevelopment Area is adopted pending completion of the study and/or the adoption of any amendments to the city's zoning ordinance, zoning map, or comprehensive plan as deemed necessary as a result of the study. The city will not approve any subdivision or building permit for a new building during the moratorium period. The city may issue building permits for the expansion or remodeling of existing structures. SECTION 3. TERM 3.01 The term of ordinance shall be for one year or until such time as the city council adopts amendments to the city's zoning ordinance, zoning map, or comprehensive plan as deemed necessary as a result of the study. SECTION 4. VARIANCES 4.01 Variances from this ordinance maybe granted by the city council based upon a determination that a proposed subdivision or development would be compatible with proposed land use and zoning, and that such proposals would keep with the spirit and intent of this ordinance. The procedures to be followed in applying for a variance from this ordinance shall be in accordance with state law on findings for variances and shall include the following: a. The applicant shall file a completed application form, together with required exhibits, to the Community Development Department. The application for a variance shall set forth special circumstances or conditions which the applicant alleges to exist, and shall demonstrate that the proposed subdivision or City Council Meeting 10-28-02 18 development is compatible with existing or proposed land use and zoning. a The application shall be submitted to the planning commission for their review and recommendation to the city council. d. The city council may in its discretion set a public hearing prior to making a final determination on the requested variance. e. The city council may impose such restrictions upon the proposed subdivision or development as maybe necessary to comply with the purpose and intent of this ordinance. SECTION 5. EFFECTIVE DATE 5.01 This ordinance shall take effect after the city publishes it in the official newspaper. The Maplewood City Council approved this ordinance on October 28, 2002. Seconded by Councilmember Koppen Ayes-All Hartford Group Development Proposal (Hajicek Property)-Resolution Ordering Preparation of Alternative Urban Areawide Review (AUAR) Environmental Study a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Juenemann moved to table until the November 13, 2002 meeting. Seconded by Councilmember Koppen. Ayes-All 8. NPDES Storm Water Permit-Authorize Letter of Understanding with League of Minnesota Cities for Draft Permit a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics form the report. Councilmember Juenemann moved to approve the Letter of Understanding with the League of Minnesota Cities for the NPDES Phase II Stormwater Guide Plan and Authorize the may_ or and Ci . Man _ er tin the Letter of Understanding on the City's behalf. Seconded by Councilmember Koppen Ayes-All 9. Beaver Lake Corridor Land Management Plan a. City Manger Fursman presented the staff report and specifics of the report. Councilmember Juenemann moved to adopt the Beaver Creek management Plan as prepared by City Council Meeting 10-28-02 19 Bonestroo, Rosene, Anderlik and Associates with the understanding that the pine plantation will be thinned to permit improved Growth of the plantation and to begin along-range reintroduction of the native species to the site. Seconded by Councilmember Collins Ayes-All L. VISITOR PRESENTATIONS Mary Dierich-Ms. Dierich, representing Highwood Area neighbors, would like to see adequate development that best reflects the needs of the area She would also like to see better communication with residents in the southern part of Maplewood. M. COUNCIL PRESENTATIONS 1. National League All American City Award-Mayor Cardinal provided City Manger Fursman the information on the different awards that Maplewood could be eligible. 2. Carver School Compost Site Emil Sturzenegger, 2455 Londin Lane noted the site in question is a Ramsey County Site and is south of Londin Lane in St. Paul. City Attorney Kelly will inform Ramsey County of the concerns. 3. Road Alignment-County Road D Mayor Cardinal asked City Engineer Ahl to put the construction schedule for this project on the website. 4. Eldridge Avenue Rain Garden-City Engineer Ahl assured residents the rain garden will not become a "litter trap" and that the utilization of the city property was at the direction of the council after a public hearing. 5. Website-Mayor Cardinal would like to see atribute to the victims of the Wellstone accident on the city website. 6. Deer Shooting-Mayor Cardinal noted Parks and Recreation Director Anderson will be attending a meeting October 29 to address the deer population issue. Mercer Study-Councilmember Juenemann felt the study was done very well and the finished product was extremely beneficial. 8. Citizens Police Academy Councilmember Juenemann congratulated the attendees, and reminded citizens the academy is a wonderful way to get more acquainted with public safety. 9. 622 School Referendum-Councilmember Koppen reminded voter's how important it is to vote yes to the School District 622 referendum. N. ADMINISTRATIVE PRESENTATIONS 1. The Community Forum at the Maplewood Community Center regarding Group Homes was rescheduled for November 20, 2002. City Council Meeting 10-28-02 20 2. The Award Bid for Bonds will be held November 7a' at 5:00 p.m. O. ADJOURNMENT Councilmember Wasiluk moved to adjourn the meeting at 10:00 p.m. Seconded by Councilmember Juenemann Ayes -All City Council Meeting 10-28-02 21