HomeMy WebLinkAbout11-13-2002MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Wednesday, November 13, 2002
Council Chambers, Municipal Building
Meeting No. 02-24
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.
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 28, 2002
Councilmember Juenemann moved to approve the Council/Manager Workshop Minutes of
October 28, 2002 as presented.
Seconded by Councilmember Wasiluk Ayes-All
2. Minutes from the City Council Meeting, October 28, 2002, Meeting No. 02-23.
Councilmember Juenemann moved to approve the Council/Manager Workshop Minutes of
October 28. 2002 as amended.
Seconded by Councilmember Wasiluk
APPROVAL OF AGENDA
M1. Website-E-Mail
M2. Citizen Comments
M3. Partnership
M4. Employee News
M5. Police Chief
M6. NEST
N1. Buckthorn Update
N2. Deer Update
Ayes-All
Councilmember Koppen moved to approve the Agenda as presented.
City Council Meeting 11-13-02
Seconded by Councilmember Wasiluk Ayes-All
F. APPOINTMENTS/PRESENTATIONS
Dave Thomalla was sworn in by City Clerk Guilfoile as the new Maplewood Chief of Police.
G. CONSENT AGENDA
Councilmember Wasiluk moved to approve Consent Agenda items 1-3 and 12 as presented.
Seconded by Councilmember Koppen Ayes-All
Councilmember Juenemann moved to approve Consent Agenda item 2 as presented.
Seconded by Councilmember Koppen Ayes-All
1. Approval of Claims
ACCOUNTS
P A V A R T R
$1,200.00 Check#59229 dated 10/22/02
$45,059.48 Checks #59230 thru #59273 dated 10/29/02
$227,349.61 Disbursements via debits to checking account
dated 10/21 thru 10/28/02
$937.06 Check #59274 dated 10/29/02
$481,523.57 Checks #59275 thru #59333 dated 11/1 thru
11/5/02
$103,850.38 Disbursements via debits to checking account
dated 10/25 thru 10/31/02
$859,920.10
PAYROLL
$504,412.40
$22,474.33
$526,886.73
$1,386,806.83
Total Accounts Payable
Payroll Checks and Direct Deposits dated
10/25/02
Payroll Deduction checks #91107 thru #91111
dated 10/25/02
Total Payroll
GRAND TOTAL
City Council Meeting 11-13-02 2
2. Amend Permit Period for Cat and Dog License (Second Reading)
Approved the second reading of the following ordinance amending the permit period for
cat and dog licenses:
ORDINANCE NO. 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 permit period under this division shall commence on January 1 of the year the permit is issued and
will terminate on December 31 of the year after the permit is issued.
Section 2. This ordinance shall take effect on January 1, 2003.
3. Increase in Community Development Department Service Charges (Second Reading)
ORDINANCE NO. 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
City Council Meeting 11-13-02
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Final Plat 380
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.
4. Final Plat-Beaver Lake Townhomes (Lakewood Drive, Maryland Avenue and Sterling
Street)
Approved the final plat for the Beaver Lake Townhomes final plat. This approval is
subject to the county recording the deeds, deed restriction and covenants required by the
city.
5. Conditional Use Permit Review-Ponds of Battle Creek Golf Course (601 Century Ave. S)
Approved to review the conditional use permit for the Ponds of Battle Creek Golf Course
at 601 Century Avenue South again in one year. The council may review this permit
sooner if a problem arises or if the owner proposes a significant change to the site or to
the golf course.
6. Conditional Use Permit Review-Hill Murray High School (2625 Larpenteur Avenue)
Approved to review the conditional use permit for Hill Murray High School at 2625
Larpenteur Avenue again in one year. The council may review this permit sooner if a
problem arises or if the owner proposes a significant change to the site or to the school.
Conditional Use Permit Review-Schlomka Landscaping (2511 Carver Avenue)
Approved Paul Schlomka's conditional use permit for a landscape business (Schlomka
Landscaping, Inc.) within the Farm Residence zoning district and the conditional use
permit for a pole barn that is larger and taller than code allows at 2511 Carver Avenue.
Approved to review the conditional use permit again in one year to ensure compliance
with all conditions.
8. Conditional Use Permit Review-Chili's Grill and Bar (1800 Beam Avenue)
Approved the Chili's conditional use permit to operate a restaurant with acurbside/food-
to-go facility within the Business Commercial-Modified zoning district at 1800 Bean
Avenue. The city council should review this permit again only in the event of a problem
or a change to the conditional use permit.
9. Conditional Use Permit Review-HCO Fuel Station (2228 Maplewood Drive)
City Council Meeting 11-13-02
Approved to review the conditional use permit again for the fuel station at 2228
Maplewood Drive in five years. The owner shall stripe the parking lot by June 1, 2003 or
the city council will reconsider this permit.
10. Revision to Non-Union Pay Plan-Foreman
Revised the non-union pay plan to incorporate three positions and pay ranges. The pay
range adjustment for the Street Maintenance Superintendent and Sanitary Sewer/VEM
Superintendent should be retroactive to September 2, 2002.
11. Mercer Group Additional Expense
Approved the additional $4,250 to be paid to the Mercer Group for the city EMS Study
from the contingency account.
12. Transfer Funds for Light Pole Repair
Approved $2,485 be transferred from the City contingency account to the general fund
101-115-000-4430 to cover funds for the repair of a light-pole near the city hall parking
lot.
H. PUBLIC HEARINGS
None
I. AWARD OF BIDS
None
J. UNFINISHED BUSINESS
1. 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 this item until the November 25~' meeting.
Seconded by Councilmember Koppen Ayes-All
2. Eldridge Avenue Improvements, City Project 01-29-Consider Resident Petition on Rain
Garden
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
c. Karl Kruse, 408 Eldridge Avenue, spoke about the petition and the project.
City Council Meeting 11-13-02
Councilmember Collins moved to receive the petition from Mr. Kruse and directed that the rain
garden be reduced in size on project plans for the Arkwright Street right of way at Eldridge
Avenue and instructed the City Engineer to work with the neighbors to determine the size.
Seconded by Councilmember Juenemann Ayes-All
3. Adult Use Ordinance-Second Reading Code Change (Second Reading)
a. City Manager Fursman presented the staff report and specifics of the report.
Councilmember Koppen moved to approve the second reading of the following Adult Uses and
Sexually-Oriented Business Code Change Ordinance:
ORDINANCE NO. 835
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 Accessor,~ject 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.
City Council Meeting 11-13-02
SECTION 4. This section adds the following to the Maplewood City Code:
DIVISION 10. M-2 HEAVY MANUFACTURING 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.
CHANGES TO SECTION 17.4-3 LICENSES
9. Conditions of License -Adult Use Principal.
The City permits adult use principal and sexually-oriented businesses only in
the M-1 (light manufacturing) and M-2 (heavy manufacturing) zoning districts
subject to the following conditions:
(a) No adult use principal or sexually-oriented business shall be located
closer than 1,000 feet from any other adult use principal or sexually-
oriented business in any City. Measurements shall be made in a
straight line, without regard to City boundaries, intervening structures
or objects, from the nearest point of the actual business premises of
the adult use principal or sexually-oriented business to the nearest
point of the actual business premises of any other adult use principal
orsexually-oriented business.
(b) No adult use principal or sexually-oriented business shall be located
closer than X59 500 feet from any residential lot line, place of
worship, school, public park, open space, licensed family day-care
home, licensed group family day-care home, public library, or
licensed child-care or day-care center in any City. Measurements
shall be made in a straight line, without regard to City boundaries,
intervening structures or objects, from the nearest point of the actual
business premises of the adult use principal or sexually-oriented
business to the nearest property line of the premises or building used
as a dwelling or residence, place of worship, school, public park,
open space, licensed family day-care home, licensed group family
day-care home, public library, or licensed child-care or day-care
center.
(c) No adult use principal or sexually-oriented business shall be located
closer than X59 500 feet from any residential lot line, any residential
zoning district or any residential planned unit development (PUD) in
any City. Measurements shall be made in a straight line, without
regard to City boundaries, intervening structures or objects, from the
nearest point of the actual business premises of the adult use or
City Council Meeting 11-13-02 7
sexually-oriented business to the nearest residential lot line, boundary
of the residential zoning district or planned unit development (PUD).
K.
Seconded by Councilmember Juenemann Ayes-All
NEW BUSINESS
1. Personal Service License-Lisa Ann Bowman-Koenke-Salon Nostalgia
a. City Manager Fursman presented the staff report.
b. City Clerk Guilfoile presented specifics from the report.
a The following letter notified Ms. Bowman-Koenke of the meeting
November 6, 2002
Lisa Bowman
1286 W. 7a' Street
St. Paul, MN 55102
PERSONAL SERVICE INDNIDUAL LICENSE
The Maplewood City Council will consider the above request at its meeting on Wednesday, November 13, 2002. The
couucd couveues its meeting at 7 p.m. iu the Cily Hall Council Chambers at 1530 CouuTy Road B East. The
council may table your item if you are not present at this meeting.
A copy of the staff report is enclosed for your information. Please call me at 651-770-4577 if you wish to discuss the
recommendation or if you have any questions.
KAREN GUILFOILE -CITY CLERK
Councilmember Collins moved to deny the individual personal service license for Lisa Ann
Bowman-Koenke for Salon Nostalgia
Seconded by Councilmember Juenemann
Ayes-Mayor Cardinal, Councilmembers
Juenemann, Collins and Koppen
Nays-Councilmember Wasiluk
2. Intoxicating Liquor License-John Heinz for Sid's Discount Liquor-2515 White Bear Ave.
a. City Manager Fursman presented the staff report.
b. City Clerk Guilfoile presented specifics from the report.
c. John Heinz was present.
Councilmember Koppen moved to approve the off-sale liquor license for Sid's Discount Liquor.
Seconded by Councilmember Wasiluk Ayes-All
3. Intoxicating Liquor License-Bradley Karl-The Chalet-1820 Rice Street
a. City Manager Fursman presented the staff report.
City Council Meeting 11-13-02
b. City Clerk Guilfoile presented specifics from the report.
Councilmember Collins moved to table the application for the intoxicating and Sunday liquor
license for The Chalet until the applicant could be present.
Seconded by Councilmember Juenemann Ayes-All
4. Apprentice Building Inspector Staff Request
a. City Manager Fursman presented the staff report.
b. Assistant Community Development Director Ekstrand presented specifics from the
report.
c. Building Official David Fisher provided details about the proposed job description.
Councilmember Collins moved to approve a new apprentice building inspector position.
Seconded by Councilmember Juenemann Ayes-Councilmembers Collins, Koppen,
Juenemann and Wasiluk
Nays-Mayor Cardinal
5. Moratorium on Development in South Maplewood
a. City Manager Fursman presented the staff report.
b. Assistant Community Development Director Ekstrand presented specifics from the
report.
Councilmember Juenemann moved to adopt the first reading of the following ordinance
moratorium on development in south Maplewood and to conduct a public hearing in the near
future:
ORDINANCE NO. 836
AN ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND
DEVELOPING LAND USE AND ZONING STANDARDS FOR THE AREA SOUTH OF
LINWOOD AVENUE IN MAPLEWOOD, MINNESOTA
The area under consideration in this ordinance (hereinafter "south Maplewood Study Area's includes the
land south of Linwood Avenue in Maplewood (refer to south Maplewood Study Area map attached for
exact location).
The Maplewood City Council ordains:
SECTION 1. PURPOSE
City Council Meeting 11-13-02
1.01 The City of Maplewood is currently conducting a study that includes land use and planning
components for the area south of Linwood Avenue.
1.02 The objective of the study is to review existing and planned land uses and zoning designations and
the existing natural and man-made features in the south Maplewood study area. The city will use
this information to possibly change the zoning ordinance or the land use plan in the area to create
better planned and constructed developments and neighborhoods.
1.03 In addition to the study, the city's zoning ordinance, zoning map, and comprehensive plan may
need to be revised because of the following issues:
Land use
Minimum lot sizes
Utility availability
Building setbacks
Building height
Pedestrian flow and safety
Parking
Landscaping
Topography
Wetlands and other water features
Housing density
1.04 There is a need for the city to do these studies so that the city may adopt changes to the city's
zoning ordinance, zoning map and the comprehensive plan for the area south of Linwood Avenue.
SECTION 2. REDEVELOPMENT STUDY; MORATORIUM
2.01 The study is authorized by the city. City staff shall coordinate this study with the planning
commission, the City of Woodbury, property owners, interested citizens, and the city council.
2.02 Upon completion of the study, city staff will present the study and its results 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 south Maplewood Study 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 the city deems necessary as a result of the study. The city
will not approve any subdivision or building permit for a new building, except for those parcels
that are one acre in size or smaller and now of record, 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 the city deems
necessary as a result of the study.
City Council Meeting 11-13-02 10
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.
b. 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
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 before 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 meet 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.
Seconded by Councilmember Wasiluk Ayes-All
6. County Road D/TH 61 Water Main Improvement, City Project 01-28-Approve Revision
to Standard Water Agreement with St. Paul Regional Water Services and Approve Letter
Agreement for Project Funding
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Wasiluk moved to approve amendment No. 2 to the Standard Agreement with
St. Paul Regional Water Services, approved the letter asreement for the water improvements at
County Road D and TH 61 for City Project 01-28, and authorized the Mayor and City Manager
to execute said Amendment No. 2 and letter aereement on the Citv's behalf.
Seconded by Councilmember Koppen Ayes-All
7. COPS MORE01 Grant
a. City Manager Fursman presented the staff report.
City Council Meeting 11-13-02 11
b. Chief of Police Thomalla presented specifics from the report.
Councilmember Juenemann moved to approve the acceptance of the COPS MORE01 Grant and
spend $5.271 as a cash match to the $15.811 Grant received.
Seconded by Councilmember Koppen Ayes-All
8. Proclamation-Feed America-Thursday, November 21, 2002
a. City Manager Fursman presented the staff report and specifics from the report.
Councilmember Koppen moved to adopt the proclamation Feed America Thursday, November
21. 2002.
Seconded by Councilmember Juenemann Ayes-All
L. VISITOR PRESENTATIONS
1. Roy Kreuser, 407 E. Belmont, Maplewood, commented on the Eldridge Ave.
Improvements project.
M. COUNCIL PRESENTATIONS
1. E-Mail/Website-Mayor Cardinal noted the council is non-partisan and Councilmembers
receive all E-Mail through the City Manager. All council and City Staff addresses are
available on the website.
2. December 4~'-Mayor Cardinal noted the state deficit forecast will be released on
December 4~'. February 18~', 2003 the Governor's budget is due to the legislature.
3. Partnership-Councilmember Wasiluk informed citizens that there will be afornm at
North High at 7:00 pm., Wednesday, November 20~' about what keeps kids drug free.
4. Employee News-Councilmember Wasiluk thanked employees for all they do for the city.
5. Police Chief-Councilmember Juenemann thanked everyone involved for the efforts made
through the Chief of Police Appointment. Mayor Cardinal commended and relayed his
and the councils' support to the new Chief of Police Thomalla
6. NEST-Councilmember Koppen reminded citizens and city employees about what the
NEST service has to offer.
N. ADMINISTRATIVE PRESENTATIONS
1. Buckthorn Update-Parks and Recreation Director Anderson gave a brief update on the
2002 Buckthorn Survey.
City Council Meeting 11-13-02 12
2. Deer Update-Parks and Recreation Director Anderson stated the deer population in
Maplewood is 48 deer per square mile with the norm being 15-20 per square mile. The
proposal to reduce the population will be brought back to the council by November 2003.
3. Group Home Meeting-November 20~', 7:00 p.m. to 9:00 p.m. at the Community Center.
O. ADJOURNMENT
Councilmember Collins moved to adjourn the meeting at 9:05 p. m.
Seconded by Councilmember Juenemann Ayes -All
City Council Meeting 11-13-02 13