HomeMy WebLinkAbout05-27-2003MINUTES
MAPLEWOOD CITY COUNCIL
7:04 P.M., Tuesday, May 27, 2003
Council Chambers, Municipal Building
Meeting No. 03-ll
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 7:04 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 May 12, 2003 City CounciUManager Workshop
Councilmember Wasiluk moved to approve the CounciUMana~er Workshop Minutes of May 12
2003 as presented.
Seconded by Councilmember Juenemann Ayes-All
2. Minutes from the May 12, 2003 City Council Meeting
Councilmember Wasiluk moved to approve the City Council Meeting Minutes of May 12, 2003
as presented.
Seconded by Councilmember Juenemann Ayes-All
3. Minutes from the May 19, 2003 Special City Council Meeting
Councilmember Wasiluk moved to approve the City Council Special Meeting Minutes of May
19. 2003 as presented.
Seconded by Councilmember Juenemann
APPROVAL OF AGENDA
M1. Council Operations
M2. L.U.S.T. Sites
M3. Independent School District 623
M4. Emma's Place
Ayes-All
City Counci105-27-03
Councilmember Wasiluk moved to approve the agenda as amended.
Seconded by Councilmember Collins Ayes-All
F. APPOINTMENTS/PRESENTATIONS
1. National Guard/Reserve
Maplewood Police Officer Richard Doblar, and National Guard Colonel Terry Tripp
presented E. S.G.R. (Employer Support of the Guard and Reserve) Awards to Chief of
Police Thomalla, former Chief of Police Winger (accepted by Chief Thomalla), and
Mayor Cardinal.
G. CONSENT AGENDA
1. Approval of Claims
ACCOUNTS
PAYABLE
$47,296.75 Check #60866 dated 5/7/03
$170,725.57 Checks #60867 thru #60726 dated 5/13/03
$132,280.46 Disbursements via debits to checking account
dated 5/2 thru 5/8/03
$132.00 Check#60927 dated 5/15/03
$118,223.85 Checks #60928 thru #60967 dated 5/16 thru
5/20/03
$244,512.21 Disbursements via debits to checking account
dated 5/9 thru 5/15/03
$713,170.84 Total Accounts Payable
PAYROLL
$397,586.60 Payroll Checks and Direct Deposits dated
5/9/03
$26,101.41 Payroll Deduction checks #93553 thru #93560
dated 5/9/03
$423,688.01 Total Payroll
$1,136,858.85 GRAND TOTAL
2. Toro Groundsmaster Equipment Purchase
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Authorized to enter into contract with M.T.I. Distributing, under State Contract #42881,
for the purchase of one (1) Toro Groundsmaster for $19,815.39.
3. St. Paul Police Department-Fee Waiver for Parade Permit
Waived the $100 fee for a miscellaneous permit for a parade for the Lightening Run for
diabetes on August 16~', 2003.
4. Hill Murray Father's Club-Annual Gambling Resolution
Adopted the following resolution approving a lawful gambling permit for the Hill Murray
Father's Club at 1734 Adolphus Street:
RESOLUTION 03-OS-090
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the
premises permit for lawful gambling is approved for the Hill Murray Father's Club to operate at
Champps Restaurant, 1734 Adolphus, 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.
5. St. Paul East Parks Lions Club-Temporary 3.2 Beer and Temporary Gambling
Adopted the following resolution approving the 3.2 beer license and temporary gambling
license for the St. Paul East Parks Lions Club:
RESOLUTION 03-OS-091
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the
temporary permit for lawful gambling is approved for St. Paul East Parks Lions Club.
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.
6. Building Code Ordinance Change
City Counci105-27-03
Adopted the following changes to the Building and Building Regulations Chapter:
ORDINANCE 837
BUILDING CODE ORDINANCE CHANGE
Corrections to Chapter 12 Buildings and Building Regulations
Strike Section 12-4
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Reason: Covered in mechanical code.
Sec 12-36. Application, administration and enforcement.
(c)
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Replace with:
The application, administration, and enforcement of the code shall be in accordance with Minnesota
State Building Code. The code shall be enforced within the extraterritorial limits permitted by
Minnesota Statutes, 16B.62, subdivision 1, when so established by this ordinance.
The code enforcement agency of this municipality is called the building official.
This code shall be enforced by the Minnesota Certified Building Official designated by this
Municipality to administer the code (Minnesota statute 16B.65) subdivision 1.
Sec 12-37. Permits and fees.
City Counci105-27-03
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Replace with:
The issuance of permits and the collection of fees shall be as authorized in Minnesota Statues, 16B.62,
subdivision 1.
Permit fees shall be assessed for work governed by this code in accordance with the fee schedule
adopted by the municipality by resolution. In addtion, a surcharge fee shall be collected on all permits
issued for work governed by this code in accordance with Minnesota Statute 16B.70.
Sec 12-38. Violations and penalties.
Replace with:
A violation of the code is a misdemeanor (Minnesota Statutes 16B.69)
Sec. 12-39. Adoption.
City Counci105-27-03
ins i Inc n a,....:,... , .r.~.,. i nnn r ..:r,......, n..:ia:..,. n,.a,.:..,.i..a:..,..~.,. r,.n,...:..,. n....,...a:~,
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Replace with:
An ordinance adopting the Minnesota State Building Code. This ordinance: provides for the
application, administration, and enforcement of the Minnesota State Building Code by regulating the
erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion,
occupancy, equipment, use, height, area, and maintenance of all buildings and/or structures in this
municipality; provides for the issuance of permits and collection of fees thereof; provides penalties for
violation thereof; repeals all ordinances and parts of ordinances that conflict therewith. This ordinance
shall perpetually include the most current edition of the optional appendix chapters. Optional appendix
chapters shall not apply unless specifically adopted.
This municipality does ordain as follows:
(a) The Minnesota State Building Code, as adopted by the Commissioner of Administration pursuant to
Minnesota Statutes chapter 16B.59 to 16B.75, including all of the amendments, rules and regulations
established, adopted and published from time to time by the Minnesota Commissioner of
Administration, through the Building Codes and Standards Division is hereby adopted by reference with
the exception of the optional chapters, unless specifically adopted in this ordinance. The Minnesota
State Building Code is hereby incorporated in this ordinance as if fully set out herein.
(b) The Minnesota State Building Code, established pursuant to Minnesota Statutes 16B.59 to 16B.75
City Counci105-27-03
allows the municipality to adopt by reference and enforce certain optional chapters of the most current
edition of the Minnesota State Building Code.
(c) The following optional provisions identified in the most current edition of the State Building Code
are hereby adopted and incorporated as part of the building code for this municipality.
1. 1305, Excavation and Grading.
2. 1306.0020 Subpart 3, E Option #1, Special Fire Protection system.
3. 1335, Floodproofing Regulation.
Sec. 12-40. Certificate of occupancy
(a) .....with the exception of group ~{ U occupancies.
(b) ..... as required in see*~?~? efthe i~ Building Code.
Sec. 12-105. Fire safety standards.
(a) .... This is defined by the i~xi€ertr~ Building Code ~j and the i~ Fire Code{}.
Sec. 12-217. Sign installer licenses.
(b) ....which shall indemnify and save harmless the city from any and all damages, costs or expenses
which the city may incur or suffer by reason of granting such permit or have sign contractor bond per
state statute 325E.58.
Fire Code Ordinance Change
Adopted the following New State Fire Code, National Fire Protection Association Codes
and Life Safety Codes:
ORDINANCE 838
FIRE CODE ORDINANCE CHANGE
Chapter 20
Fire Prevention and Protection
Article L In General
Section 20-2: Duty to give fire alarms for buildings open to public (MNSFC-401.3)
Can be deleted this is covered in the Minnesota State Fire Code
Section 20-3: False fire alarms (MNSFC-401.3.1 and MN Criminal Statue 609.68
Can be deleted this is covered in the Minnesota State Fire Code and Minnesota State Criminal Code
Section 20-4: Duties of public safety department in responding to fire calls
Can be deleted this section is not needed according to Police Chief Thomalla
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Section 20-9: Lighting on Christmas trees (MNSFC-804)
Can be deleted this is covered in the Minnesota State Fire Code
Article IL Setting Fires
Section 20-36: Permit required
No person shall start any fire in the city, except for recreational fires as defined in (20-38).
Open/Prescribe burns require a permit from the Fire Marshal; this permit will set forth the date, time and
location of the burning. This type of permit is given to experienced persons in this type of burning.
Section 20-38: Permit required for outdoor fire
Change title to: (Outdoor Recreational Fires) Sub-division (a) can be deleted.
Sub-division (b) shall read as defined by the current Minnesota State Fire Code. Recreational fire is the
burning of material other than rubbish where fuel being burned is not contained in an incinerator.
Outdoor fireplace or barbecue pit and with a total fuel area of three feet or less in diameter and two feet
or less in height for pleasure, religious, ceremonial, cooking or similar purpose. Recreational fires are to
be from2:00 pm until 11:00 pm only unless written permission for an exception is received from the fire
marshal. Only charcoal, coal or clean dry wood maybe used for burning. No refuse, grass, leaves; yard
waste or other combustibles shall be burned. Recreational fires shall be aY least 20 feet from any
building and shall be supervised aY all times.
Sub-division (c) The owner of any property upon which a fire is started or originally ignited, in
violation of this section, shall be responsible therefore and shall be subject to penalties provided in this
chapter, unless such owner can adduce proof that such fire was started by a stranger or trespasser.
Section 20-40: Starting fire on roadways (SFC-308)
Can be deleted this is covered in the Minnesota State Fire Code, can be checked by our attorneys to
make sure language means the same thing.
Article III. Fire Codes
Section 20-66: Adoption of National Fire Code
There is hereby adopted by the city, for the purpose of prescribing regulations governing conditions
hazardous to life and property or explosion, all of those certain codes, standards, recommended practices
and manuals contained in and set out in the Current National Fire Codes. This code will be self-
perpetuating so when new versions of these codes are changed they would be added to the city's
ordinance.
Section 20-67: Adoption of State Fire Code
There is hereby adopted by the city, for the purpose of prescribing regulations governing conditions
hazardous to life and property from fire or explosion, that certain code known as the Current Minnesota
State Fire Code. This code will be self-perpetuating so when new versions of these codes are changed
they would be added to the city's ordinance.
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Section 20-68: DeFmitions in Uniform Fire Code
Can be deleted see no real purpose, can be checked by our attorneys
Section 20-69: Adoption of Life Safety Code
There is hereby adopted by the city, for the purpose of prescribing regulations governing conditions
hazardous to life and property from fire or explosion of certain code known as the Life Safety Code,
published by the National Fire Protection Association. This code will be self-perpetuating so when new
versions of these codes are changed they would be added to the city's ordinance.
Section 20-70: Variance from codes (SFC-104.6.1)
Can be deleted this appears to be covered in the Minnesota State Fire Code, can be checked by our
attorneys to make sure language means the same thing.
8. Residential Siding Permit Fee
Approved the addition to the Community Development Department Service charge of a
flat building permit fee of $50.00 for replacing siding on asingle-family dwelling and
accessory structure.
9. Conditional Use Permit Review-The Gardens (Summer Lane at McMenemy Street)
Agreed to review the conditional use permit for The Gardens development on Summer
Lane again only if a problem develops or if the owner proposes a major change to the
site.
Councilmember Collins moved to approve the consent agenda items 1-4 and 6-9 as presented.
Seconded by Councilmember Juenemann
Ayes-All
Councilmember Wasiluk moved to approve the consent agenda item 5 as presented.
Seconded by Councilmember Juenemann
H. PUBLIC HEARINGS
Ayes-Mayor Cardinal,
Councilmembers Collins, Juenemann
and Wasiluk
Abstain-Councilmember Koppen
1. 7:32 p.m. Dearborn Meadow East (Castle Avenue)
Conditional Use Permit Revision for Planned Unit Development
Preliminary Plat Revision
Design Approval
a. City Manager Fursman presented the staff report.
b. Associate Planner Roberts presented specifics from the report.
a Commissioner Dierich presented the Planning Commission Report.
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d. Boardmember Shankar presented the Community Design Review Board Report.
e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following person was heard:
Patrick Kinney, the applicant, 4108 Oakmede, White Bear Lake
d. Mayor Cardinal closed the public hearing.
Councilmember Wasiluk moved to adopt the following resolution approving a revision to the
conditional use permit for a planed unit development for the 15-unit Dearborn Meadow and
Dearborn Meadow East development on the south side of Castle Avenue:
RESOLUTION 03-OS-092
CONDITIONAL USE PERMIT REVISION RESOLUTION
WHEREAS, Mr. Pat Kinney applied for a conditional use permit (CUP) revision for the
Dearborn Meadow residential planned unit development (PUD).
WHEREAS, this permit applies to the 15-lot Dearborn Meadow East development the city
received on April 7, 2003. The legal description is:
Lots 16 and 17, Block 6, Lots 27, 28, 29 and the east half of Lot 26, Block 7, Lots 1, 2, and 3,
Block 10, Lots 14 and 15, Block 11, and Lots 18-22, Block 6; and Lots 9-13, Block 11, all in
Dearborn Park, together with adjacent alleys and streets, in Section 11, Township 29, Range 22,
Ramsey County, Minnesota (The property to be known as Lots 1-6 of Dearborn Meadow and
Lots 1-9 of Dearborn Meadow East)
WHEREAS, the history of this conditional use permit is as follows:
1. On May 5, 2003, the planning commission recommended that the city council approve this
permit.
2. On May 27, 2003, the city council held a public hearing. The city staff published a notice in
the paper and sent notices to the surrounding property owners. 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 approves 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
City Counci105-27-03 10
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 plans approved by the city. The city council may approve
major changes to the plans. The Director of Community Development may approve minor
changes to the plans. Such changes shall include:
a. Revising the grading and site plans to show:
(1) The developer minimizing the loss or removal of natural vegetation including
keeping and protecting as many of the trees as possible.
(2) All driveways at least 20 feet wide. If the developer wants to have parking on one
side of the main drive (Castle Place), then it must be at least 28 feet wide.
(3) All parking stalls with a width of at least 9.5 feet and a length of at least 18 feet.
(4) Revised storm water pond locations and designs as suggested or required by the
watershed district or city engineer. The ponds shall meet the city's design standards.
2. The proposed construction (of Dearborn Meadow East) must be substantially started within
one year of council approval or the permit shall end. The council may extend this deadline for
one year.
3. Have the city engineer approve final construction and engineering plans. These plans shall
meet all the conditions and changes noted in the engineer's memo dated April 24, 2003.
4. The approved setbacks for the principal structures in the Dearborn Meadow shall be:
a. Front-yard setback (from a public street or a private driveway): minimum - 20 feet,
maximum - 35 feet
b. Front-yard setback (public side street): minimum - 30 feet, maximum -none
c. Rear-yard setback: 30 feet from any adjacent residential property line
City Counci105-27-03 11
d. Side-yard setback (town houses): minimum - 20 feet from a property line and 20 feet
minimum between buildings.
5. The developer or builder will pay the city Park Access Charges (PAC fees) for each
housing unit at the time of the building permit for each housing unit.
6.The developer or contractor shall:
a. Complete all grading for the site drainage and the ponds, complete all public
improvements and meet all city requirements.
b. Place temporary orange safety fencing and signs at the grading limits.
c. Remove any debris or junk from the site.
7. The city council shall review this permit in one year.
Seconded by Councilmember Juenemann Ayes-All
Councilmember Wasiluk moved to approve the Dearborn Meadow East preliminary~lat based
on the followine conditions:
1. Sign an agreement with the city that guarantees that the developer or contractor will:
a. Complete all grading for overall site drainage, complete all public improvements and meet
all city requirements.
b.* Place temporary orange safety fencing and signs at the grading limits.
c. Pay the city for the cost oftraffic-control, street identification and no-parking signs.
d. Provide all required and necessary easements (including all utility easements andten-foot
drainage and utility easements along the front and rear lot lines of each lot and five-foot
drainage and utility easements along the side lot lines of each lot).
e. Cap and seal any wells on site.
f Have Xcel Energy install a street light at the intersection of Castle Avenue and the proposed
private driveway (Castle Place). The exact location and type of light shall be subject to the
city engineer's approval.
g. Install permanent signs around the edge of the wetland buffer easement. These signs shall
mark the edge of the easements and shall state that there shall be no mowing, vegetation
cutting, filling, grading or dumping beyond this point. City staff shall approve the sign
design and location before the contractor installs them. The developer or contractor shall
install these signs before the city issues building permits in this plat.
h. Install survey monuments along the wetland boundaries.
2.* Have the city engineer approve final construction and engineering plans. These plans shall
City Counci105-27-03 12
include grading, utility, drainage, erosion control, tree, and street plans. The plans shall meet all
the conditions and changes listed in the memo dated April 28, 2003, and shall meet the
following conditions:
a. The erosion control plans shall be consistent with the city code.
b. The grading plan shall:
(1) Include proposed building pad elevation and contour information for each home site.
The lot lines on this plan shall follow the approved preliminary plat.
(2) Include contour information for all the land that the construction will disturb.
(3) Show housing pads that reduce the grading on sites where the developer can save
large trees.
(4) Show the proposed street and driveway grades as allowed by the city engineer.
(5) Include the tree plan that:
X Shows where the developer will remove, save or replace large trees. This plan shall
include an inventory of all existing large trees on the site.
X Shows no tree removal beyond the approved grading and tree limits.
(6) Show drainage areas and the developer's engineer shall provide the city engineer
with the drainage calculations. The drainage design shall accommodate the runofffrom
the surrounding areas. The undeveloped parcel to the east of this site shall have
unrestricted access to the storm sewer with a capacity to accommodate post
development runoff.
a The street and utility plans shall show the:
(1) Water service to each lot and unit.
(2) Repair of Castle Avenue (street and boulevard) after the developer connects to the
public utilities and builds the private driveways.
3. Paying for costs related to the engineering departments review of the construction plans.
4. Change the plat as follows:
a. Add drainage and utility easements as required by the city engineer. This shall include a 30-
foot-wide easement for the existing 16-inch water main and easements for any other existing
utilities on the site. The Saint Paul Regional Water Services (SPRW S) shall approve the
description and location of the easement for the water main.
b. Show drainage and utility easements along all property lines on the final plat. These
easements shall be ten feet wide along the front and rear property lines and five feet wide
along the side property lines.
City Counci105-27-03 13
a Label the north south part of the private driveway as Castle Place, label Castle Street as
Castle Avenue and label the east/west part of the private driveway as Castle Court on all
plans.
d. Label the common area as Outlot A.
5. Secure and provide all required easements for the development including any off-site drainage
and utility easements.
6. The developer shall complete all grading for public improvements and overall site drainage.
The city engineer shall include in the developer's agreement any grading that the developer or
contractor has not completed before final plat approval.
7. If necessary, obtain apermitfromthe Ramsey-Washington Metro Watershed District for
grading.
8. If the developer decides to final plat part of the preliminary plat, the director of community
development may waive any conditions that do not apply to the final plat.
9.* Submitting the homeowners' association bylaws and rules to the director of community
development. These are to assure that there will be one responsible party for the maintenance
of the private utilities, driveways and common areas.
*The developer must complete these conditions before the city issues a grading permit or
approves the final plat.
Seconded by Councilmember Koppen Ayes-All
Councilmember Juenemann moved to approve the Dearborn Meadow East plans date-stamped
April 7, 2003, (site plan, landscape plan, grading and drainage plans and building elevations) for
Dearborn Meadow. The city bases this approval on the findings required by the code and the
following conditions:
1. Repeat this review in two years if the city has not issued a building permit for this
project.
2. Complete the following before the city issues a building permit:
a.* Have the city engineer approve final construction and engineering plans. These plans
shall include: grading, utility, drainage, erosion control, tree, sidewalk and driveway and
parking lot plans. The plans shall meet the following conditions:
(1) The erosion control plan shall be consistent with city code.
(2) The grading plan shall:
(a) Include building, floor elevation and contour information.
(b) Include contour information for the land that the construction will disturb.
(c) Show sedimentation basins or ponds as maybe required by the watershed board
City Counci105-27-03 14
or by the city engineer.
(d) Show a berm (two to four feet high) along the south property line of the site.
(3)* The tree plan shall:
(a) Be approved by the city engineer before site grading or tree removal.
(b) Show where the developer will remove, save or replace large trees. This plan
shall include an inventory of all existing large trees on the site.
(c) Show the size, species and location of the replacement trees. The deciduous trees
shall be at least two and one half (2 )inches in diameter and shall be a mix of
red and white oaks and sugar maples.
(d) Show no tree removal beyond the approved grading and tree limits.
(4) All the parking areas and driveways shall have continuous concrete curb and
gutter except where the city engineer decides that it is not needed. The applicant and
the city engineer shall review the curbing plan to possibly eliminate the right angles
on the east end of Castle Court.
(5) There shall be no parking on one side of the 28-foot-wide driveway (Castle
Place). The developer or contractor shall post Castle Place with no parking signs to
meet the above-listed standard. The city will allow parking on Castle Court.
b. Submit a certificate of survey for all new construction and have each building staked by a
registered land surveyor.
c. Submit a revised landscape plan to staff for approval that incorporates the following details:
(1) All trees would be consistent with city standards for size, location and species.
(2) Planting (instead of sodding) the disturbed areas around the wetland with native
grasses and native flowering plants. The native grasses and flowering plants shall be
those needing little or no maintenance and shall extend at least four feet from the
ordinary high water mark (OHWM) of the pond. This is to reduce maintenance costs
and to reduce the temptation of people mowing into the pond.
(3) The ash trees must be at least 2 inches in caliper, balled and burlapped.
(4) The plantings proposed around the front of the units shown on the landscape plan
date-stamped April 7, 2003, shall remain on the plan.
(5) In addition to the above, the contractor shall sod all front, side and rear yard areas
(except for mulched and edged planting beds and the area within the wetland
easement).
(6) The contractor shall restore the Castle Avenue boulevard with sod.
(7) Adding ten more evergreen trees (Black Hills spruce or Austrian pines) to the
City Counci105-27-03 15
proposed evergreen trees along the north and south property lines of the site. These
trees are to be at least six feet tall and the contractor shall plant these trees in staggered
rows on the berm. This shall include adding trees between proposed Units 7 and 8 at
the northeast corner of the site.
d. Present a color scheme for the buildings with a variety of colors to staff for approval.
e. Present a revised building plan for staff approval that shows brick wainscoting on the
north sides of all the units that are along Castle Avenue.
£ If necessary, get an access permit from MnDOT for the driveways that will be on Castle
Avenue (as MnDOT has not turned Castle Avenue back to the city).
g. Provide the city with a letter of credit or cash escrow for all required exterior improvements.
The amount shall be 150 percent of the cost of the work.
3. Complete the following before occupying each building:
a. Replace property irons that are removed because of this construction.
b. Restore and sod damaged boulevards. Sod all landscaped areas, except for the area within
the easement, which maybe seeded.
a Install continuous concrete curb and gutter along all interior driveways and around all open
parking stalls.
d. The developer or contractor shall:
(1) Place temporary orange safety fencing and signs at the grading limits.
(2) Remove any debris or junk from the site.
e. Put addresses on each building for each unit.
£ Provide a driveway turn around for Lot 7 on Castle Avenue.
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.
The above-required letter of credit or cash escrow is held by the City of Maplewood for all
required exterior improvements. The owner or contractor shall complete any unfinished
exterior improvements by June 1 if occupancy of the building is in the fall or winter, or
within six weeks of occupancy of the building if occupancy is in the spring or summer.
5. All work shall follow the approved plans. The director of community development may
approve minor changes.
Seconded by Councilmember Collins Ayes-All
City Counci105-27-03 16
I. AWARD OF BIDS
None
J. UNFINISHED BUSINESS
1. Kennard/Frost Area Street Improvements, Project 02-10-Assessment Objections
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Koppen moved to adopt the following resolution for the adoption of the revised
assessment roll for the Kennard/Frost Area Street Improvements:
RESOLUTION 03-OS-093
ADJUSTMENTS TO ASSESSMENT ROLL
WHEREAS, pursuant to a resolution adopted by the City Council on May 12, 2003, the
assessment roll for the Kennard/Frost Area Street Improvements, City Project 02-10, was presented in a
Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, three property owners filed objections to their assessments according to the
requirements of Minnesota Statutes, Chapter 429, summarized as follows:
1. Yvonne Bell, 1712 South Rosewood Avenue: requests senior citizen deferment.
2. Tim Himmer, 1919 Flandrau Street: opposed to assessment amount due to 50' lot width.
3. Katherine Hill, 1793 Flandrau: opposed to assessment due to the high cost.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
A. That the City Engineer and City Clerk are hereby instructed to make the following
adjustments to the assessment roll for the Kennard/Frost Area Street Improvement, Project 02-10:
1. Yvonne Bell, 1712 South Rosewood Avenue: Grant senior citizen deferment, subject to receipt
of necessary documents to be approved by the city engineer.
2. Tim Himmer, 1919 Flandrau Street: Deny revision to assessment as benefit is received.
3. Katherine Hill, 1793 Flandrau Street: Deny revision to assessment as benefit is received. Grant
special hardship deferment, subject to receipt of necessary documents to be approved by the city
engineer.
B. The assessment roll for the Kennard/Frost Area Street Improvements, as amended, is hereby
accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll
shall constitute the special assessment against the lands named therein, and each tract of land
therein included is hereby found to be benefited by the proposed improvement in the amount
of the assessment levied against it.
City Counci105-27-03 17
C. Such assessments shall be payable in equal annual installments extending over a period of 15
years, the first installments to be payable on or before the first Monday in January 2004 and
shall bear interest at the rate of 6.0 percent per annum for the date of the adoption of this
assessment resolution. To the first installment shall be added interest on the entire
assessment from the date of this resolution until December 31, 2003. To each subsequent
installment when due shall be added interest for one year on all unpaid installments.
D. The owner of any property so assessed may, at any time prior to certification of the
assessment to the county auditor, but no later than August 1, 2003, pay the whole of the
assessment on such property, with interest accrued to the date of the payment, to the city
clerk, except that no interest shall be charged if the entire assessment is paid within 30 days
from the adoption of this resolution; and they may, at any time after August 1, 2003, pay to
the county auditor the entire amount of the assessment remaining unpaid, with interest
accrued to December 31 of the year in which such payment is made. Such payment must be
made before November 15 or interest will be charged through December 31 of the neat
succeeding year.
E. The city engineer and city clerk shall forthwith after August 1, 2003, but no later than
September 2, 2003, transmit a certified duplicate of this assessment to the county auditor to
be extended on the property tax lists of the county. Such assessments shall be collected and
paid over the same manner as other municipal taxes.
Seconded by Councilmember Juenemann Ayes-All
2. Parkway Lift Station Removal Improvements, Project 02-14-Assessment Objections
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Wasiluk moved to adopt the following resolution for the adoption of the revised
assessment roll for the Parkway Lift Station Removal Improvements. Project 02-14:
RESOLUTION 03-OS-094
ADJUSTMENTS TO ASSESSMENT ROLL
WHEREAS, pursuant to a resolution adopted by the City Council on May 12, 2003, the
assessment roll for the Parkway Lift Station Removal Improvements, Project 02-14, was presented in a
Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, one property owner filed an objection to their assessments according to the
requirements of Minnesota Statutes, Chapter 429, summarized as follows:
1. Gary and Aileen Blair, (PIN 172922440019), request that their property be assessed at the
residential rate rather than the commercial rate.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
A. That the City Engineer and City Clerk are hereby instructed to make the following
City Counci105-27-03 18
adjustments to the assessment roll for the Parkway Lift Station Removal Improvements, City Project 02-
14:
1. Gary and Aileen Blair, (PIN 172922440019): Grant request that their property be assessed at
the residential rate rather than the commercial rate.
B. Such assessments shall be payable in equal annual installments extending over a period of 15
years, the first installments to be payable on or before the first Monday in January 2004 and shall bear
interest at the rate of 6.0 percent per annum for the date of the adoption of this assessment resolution. To
the first installment shall be added interest on the entire assessment from the date of this resolution until
December 31, 2003. To each subsequent installment when due shall be added interest for one year on
all unpaid installments.
C. The owner of any property so assessed may, at any time prior to certification of the assessment
to the county auditor, but no later than August 1, 2003, pay the whole of the assessment on such
property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall
be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they
may, at any time after August 1, 2003, pay to the county auditor the entire amount of the assessment
remaining unpaid, with interest accrued to December 31 of the year in which such payment is made.
Such payment must be made before November 15 or interest will be charged through December 31 of
the neat succeeding year.
D. The city engineer and city clerk shall forthwith after August 1, 2003, but no later than September
2, 2003, transmit a certified duplicate of this assessment to the county auditor to be extended on the
property tax lists of the county. Such assessments shall be collected and paid over the same manner as
other municipal taxes.
Seconded by Councilmember Juenemann Ayes-All
At Mr. Blair's request, City EngineerAhl will contact Mr. Blair to discuss other concerns he has
with the assessment.
3. Maplewood Drive/Keller Parkway Resurfacing, Project 03-02-Assessment Objections
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Juenemann moved to adopt the following resolution for the adoption of the
revised assessment roll for the Maplewood Drive/Keller Parkway Resurfacing. Project 03-02:
RESOLUTION 03-OS-095
ADJUSTMENTS TO ASSESSMENT ROLL
WHEREAS, pursuant to a resolution adopted by the City Council on May 12, 2003, the
assessment roll for the Maplewood Drive/Keller Parkway Resurfacing, City Project 03-02, was
presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, one property owner filed an objection to their assessments according to the
requirements of Minnesota Statutes, Chapter 429, summarized as follows:
City Counci105-27-03 19
Richard and Betty Peltier, 2497 Maplewood Drive (PIN 092922130004): Request
that their property be assessed at the residential rate rather than the commercial rate.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
A. That the City Engineer and City Clerk are hereby instructed to make the following
adjustments to the assessment roll for the Maplewood Drive/Keller Parkway Resurfacing, City Project
03-02:
Richard and Betty Peltier, 2497 Maplewood Drive (PIN 092922130004): Grant request
that their property be assessed at the residential rate rather than the commercial rate.
B. Such assessments shall be payable in equal annual installments extending over a period of 8
years, the first installments to be payable on or before the first Monday in January 2004 and shall bear
interest at the rate of 5.5 percent per annum for the date of the adoption of this assessment resolution. To
the first installment shall be added interest on the entire assessment from the date of this resolution until
December 31, 2003. To each subsequent installment when due shall be added interest for one year on
all unpaid installments.
C. The owner of any property so assessed may, at any time prior to certification of the assessment
to the county auditor, but no later than August 1, 2003, pay the whole of the assessment on such
property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall
be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they
may, at any time after August 1, 2003, pay to the county auditor the entire amount of the assessment
remaining unpaid, with interest accrued to December 31 of the year in which such payment is made.
Such payment must be made before November 15 or interest will be charged through December 31 of
the neat succeeding year.
D. The city engineer and city clerk shall forthwith after August 1, 2003, but no later than September
2, 2003, transmit a certified duplicate of this assessment to the county auditor to be extended on the
property tax lists of the county. Such assessments shall be collected and paid over the same manner as
other municipal taxes.
Seconded by Councilmember Koppen Ayes-Councilmember Collins,
Juenemann, Koppen and Wasiluk
Abstain-Mayor Cardinal
K. NEW BUSINESS
1. Comprehensive Sanitary Sewer Plan Update
a. City Manager Fursman presented the staff report.
b. Associate Planner Roberts presented specifics from the report.
a John Horn, Kimley-Horn and Associates, presented an update to the Sanitary Sewer
Comprehensive Plan.
d. Commissioner Dierich presented the Planning Commission Report.
City Counci105-27-03 20
Councilmember Collins moved to adopt the following resolution approving the proposed
Comprehensive Sanitary Sewer Plan update, including the South Maplewood Sanitary Sewer
Study:
RESOLUTION 03-OS-096
RESOLUTION APPROVING THE 2003 MAPLEWOOD
COMPREHENSIVE SANITARY SEWER PLAN UPDATE
WHEREAS, city staff and city consultants have completed an update to the Maplewood Sanitary Sewer
Comprehensive Plan.
WHEREAS, the update was necessary to address inconsistencies in the November 2000 Sanitary Sewer
Comprehensive Plan update and to consider anticipated future development/redevelopment in the city.
WHEREAS, the update was also required to meet the mitigation plan requirements for the Alternative
Urban Areawide Review (AUAR) for the proposed Legacy Village at Maplewood development.
WHEREAS, the city code requires that the planning commission hold a public hearing when
considering amendments to the Maplewood Comprehensive Plan.
WHEREAS, the planning commission held a public hearing about this matter on April 21, 2003.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the 2003 Comprehensive
Sanitary Sewer Plan update for the following reasons:
1. The Comprehensive Sanitary Sewer Plan update provides the necessary information to
meet the requirements identified in the mitigation plan for the AUAR for the Legacy Village at
Maplewood development.
2. The Comprehensive Sanitary Sewer Plan update provides the required information to allow the
Metropolitan Council Environmental Services (MCES) to properly plan and manage their
sewage collection and treatment system.
and moved to adopt the south Maplewood Sewer Study, Project 03-03, as part of the 2003
comprehensive sanitary sewer plan amendment based on the following conditions:
1. The city should establish a minimum lot size requirement of 2.0 acres for non-sewered
residential areas in the City (subject to performance standards), including the study area. This
would be primarily in areas with steep slopes and with pockets of marginal soils. The
performance standards would be to ensure that the soils and conditions on any future lots would
be such that the proposed lot could accommodate a house, driveway, a well and at least two
drain fields.
2. The city should change (if necessary) the future land use plan and zoning designations of
properties to reflect the minimum lot size requirement (if changed) for non-sewered areas.
The city should first consider those districts with a lower cost-to-benefit ratio for municipal
sanitary sewer service before the districts that have a higher cost-to-benefit ratio.
Seconded by Councilmember Koppen Ayes-All
City Counci105-27-03 21
2. Appeal of Conditions of Approval-Maplewood Auto Center (2525 White Bear Avenue)
a. City Manager Fursman presented the staff report.
b. Associate Planner Finwall presented specifics from the report.
c. Brian Pellowski, PBK Investments, Inc., 4969 Olson Memorial Highway, Golden Valley,
the applicant was present to answer council questions.
Councilmember Collins moved to deny Brian Pellowski's appeal of the Community Design
Review Board's April 22, 2003 comprehensive sign plan and design review change condition to
repaint Building A of the Maplewood Auto Center at 2525 White Bear Avenue in its entirety
within two years of the date of the Community Design Review Board approval (Apri122, 2005).
Seconded by Councilmember Koppen Ayes-All
Assistant City Manager Coleman indicated to the city council that staffwould work withMr.
Pellowsla on the drafting of an agreement in lieu of a letter of credit as required by the two
remaining condirions being appealed by Mr. Pellowsla. The surety agreement will be presented
to the City Council for final approval at the June 9, 2003 City Council meering.
3. Kennard/Frost Street Improvements, City Project 02-10-Resolutions Ordering
Preparation of Supplemental Assessment Roll and Ordering Supplemental Assessment
Hearing (1 Parcel)
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Wasiluk moved to adopt the following resolutions for the Kennard/Frost Street
Improvements, Project 02-10: Ordering the Preparation of the Supplemental Assessment Roll:
RESOLUTION 03-OS-097
ORDERING PREPARATION OF SUPPLEMENTAL ASSESSMENT ROLL
WHEREAS, the city clerk and city engineer have received bids for the Kennard/Frost Street
Improvements, City Project 02-10.
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 the assessable lot, piece or parcel of land abutting on
the street 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.
thereof.
FURTHER, the clerk shall, upon completion of such proposed assessment notify the council
City Counci105-27-03 22
RESOLUTION 03-OS-098
ORDERING SUPPLEMENTAL ASSESSMENT ROLL HEARING
WHEREAS, the clerk and the engineer have, at the direction of the council, prepared a
supplemental assessment roll for the Kennard/Frost Area Street Improvements, City Project 02-10, and
the said assessment roll is on file in the office ofthe city engineer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. A hearing shall be held on the 23`d day of June,2003, at the city hall at 7:00 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.
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
4. Hazelwood/County Road C Area Streets, City Project 03-22-Resolution Ordering
Preparation of a Feasibility Study
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Koppen moved to adopted the following resolutions ordering the preparation of
the Feasibility for the Hazelwood/County Road C Area Street Improvements. Project 03-
22:
RESOLUTION 03-OS-099
PREPARATION OF A FEASIBILITY STUDY
WHEREAS, it is proposed to make improvements to the Hazelwood/County Road C Area
Streets, City Project 03-22, and to assess the benefited property for all or a portion of the cost of the
improvement, pursuant to Minnesota Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
That the proposed improvement be referred to the city engineer for study and that he is instructed
to report to the council with all convenient speed advising the council in a preliminary way as to
whether the proposed improvement is necessary, cost effective and feasible and as to whether it should
best be made as proposed or in connection with some other improvement, and the estimated cost of the
improvement as recommended.
City Counci105-27-03 23
FURTHERMORE, funds in the amount of $40,000 are appropriated to prepare this feasibility
report.
Seconded by Councilmember Juenemann Ayes-Mayor Cardinal,
Councilmembers Collins, Juenemann
and Koppen
Councilmember Wasilukwas
temporarily away from the dial.
5. County Road D Water Main Improvements, City Project 03-09-Resolution Authorizing
Preparation of a Preliminary Report
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Wasiluk moved to adopt the following resolution ordering the preparation of a
feasibility study for the County Road D Water Main Improvements, Project 03-09:
RESOLUTION 03-OS-100
PREPARATION OF A PRELIMINARY REPORT
WHEREAS, the Maplewood City Council has previously studied the feasibility of area water
main improvements at County Road D and TH 61 in the Hillcrest Animal Hospital Water Main
Improvements Report, City Project 01-28, and
WHEREAS, the Maplewood City Council has adopted an Alternative Urban Areawide Review
(AUAR) and Mitigation Plan that requires the extension of water service along the existing County
Road D alignment, City Project 02-18, and
WHEREAS, it is proposed to make improvements to the County Road D Water Main
Improvements, City Project 03-09, and to assess the benefited property for all or a portion of the cost of
the improvement, pursuant to Minnesota Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
That the proposed improvement be referred to the city engineer for study and that he is instructed
to report to the council with all convenient speed advising the council in a preliminary way as to
whether the proposed improvement is necessary, cost effective and feasible and as to whether it should
best be made as proposed or in connection with some other improvement, and the estimated cost of the
improvement as recommended.
FURTHERMORE, funds in the amount of $25,000 are appropriated to prepare this feasibility
report.
Seconded by Councilmember Juenemann Ayes-All
6. Century Avenue Improvements (I-94 to Lower Afton), City Project 03-15-Resolution
Ordering Preparation of Preliminary Report
City Counci105-27-03 24
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Wasiluk moved to adopt the following resolution ordering the preparation of a
feasibility for the Century Avenue Improvements (94 to Lower Afton Road). Project 03-
15:
RESOLUTION 03-OS-101
ORDERING PREPARATION OF A PRELIMINARY REPORT
WHEREAS, the Minnesota Department of Transportation has conveyed a portion of Trunk
Highway 120 between Interstate 94 and Lower Afton Road to Ramsey County, and
WHEREAS, Ramsey County has proposed to jointly upgrade this section of roadway, which is
also called Century Avenue, and
WHEREAS, Ramsey County Cost Participation Policy requires that cities participate in various
improvement costs, and
WHEREAS, it is proposed to make improvements to the Century Avenue (94 to Lower Afton,
City Project 03-09, and to assess the benefited property for all or a portion of the cost of the
improvement, pursuant to Minnesota Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
That the proposed improvement be referred to the city engineer for study and that he is instructed
to report to the council with all convenient speed advising the council in a preliminary way as to
whether the proposed improvement is necessary, cost effective and feasible and as to whether it should
best be made as proposed or in connection with some other improvement, and the estimated cost of the
improvement as recommended.
FURTHERMORE, funds in the amount of $5,000 are appropriated to prepare this feasibility
report.
Seconded by Councilmember Koppen Ayes-All
TH 61 Improvements (Beam to 694), City Project 03-07-Authorization to Investigate
Right of Way Ownership Issues
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Wasiluk moved to authorize the City Engineer and City Attorney to investigate
the right of way issues along TH61 between Beam Avenue and I-694 and appropriating $30,000
for survey, legal and engineering fees to the TH 61 Improvements, City Project 03-07.
Seconded by Councilmember Juenemann Ayes-All
City Counci105-27-03 25
8. Building Permit Fees Resolution
a. City Manager Fursman presented the staff report.
Councilmember Juenemann moved to adopt the following resolution approving the 1997
Uniform Building Code Table 1-A Building Permit Fees. The plan review fee will be 65 percent
of the building permit fee, and for residential dwelling and accessory structures shall be 50
percent of the building permit fee:
RESOLUTION NO. 03-OS-102
BUILDING PERMIT FEES RESOLUTION
WHEREAS, the newly adopted International Code Council (ICC) does not have a fee schedule
incorporated in the code.
WHEREAS, by adopting the ICC, the State of Minnesota no longer has a fee schedule for cities
to automatically adopt
WHEREAS, therefore, the City of Maplewood Building Code Ordinance no longer has a permit
fee schedule and Maplewood is now required to set its own fees for building permits.
WHEREAS, the City of Maplewood adopts the 1997 Uniform Building Code Table 1-A
Building Permit Fees.
WHEREAS, the City of Maplewood plan review fee shall be 65 percent of the building permit
fee, except the plan review fee for dwellings and accessory structures shall be 50 percent of
building permit fee.
NOW, THEREFORE BE IT RESOLVED, that the City of Maplewood adopts the following:
The 1997 Uniform Building Code Table 1-A Building Permit Fees.
The plan review fee shall be 65 percent of the building permit fee.
The plan review fee for residential dwellings and accessory structures shall be 50 percent of
building permit fee.
Seconded by Councilmember Collins Ayes-All
9. Building Code Ordinance Change
a. City Manager Fursman presented the staff report.
Councilmember Juenemann moved to adopt the new State Building Code for use in the City of
Maplewood: this approval shall be in effect for all future changes to the State Building Code.
The city further adopts 1305: 1306.0020 Subpart 3. E Option #1: and 1335 of the State Building
Code.
Seconded by Councilmember Koppen Ayes-All
City Counci105-27-03 26
10. 2004 Charitable Gambling Requests
a. City Manager Fursman presented the staff report.
b. Assistant City Manager Coleman presented specifics from the report.
c. Chief Thomalla answered council's questions regarding the Maplewood Police Explorers
and Reserves.
d. Jeanne Zimmer, representative from the Dispute Resolution Center in St. Paul answered
questions from the council.
Councilmember Collins moved to table the charitable gambling requests until the June 9, 2003
City Council Meeting.
Seconded by Councilmember Wasiluk Ayes-All
11. Licensing Procedures for Group Homes
a. City Manager Fursman presented the staff report.
b. Assistant City Manager Coleman presented specifics from the report.
a The following persons were heard:
Lori Jasper, 34~' Lane, Plymouth
Victoria Reinhardt, District 7, Board of Ramsey County Commissioners
Ruth Trapold, 2477 Brenner Avenue East, Maplewood
Councilmember Collins moved to adopt the following resolution asking Ramsey County to
perform a geographic study of group homes prior to licensing and that they require 1700 feet of
spacing between facilities:
RESOLUTION 03-OS-103
RESOLUTION REQUESTING RAMSEY COUNTY TO INCLUDE A GEOGRAPHIC STUDY
IN ITS LICENSING STUDIES OF GROUP HOMES
WHEREAS, the Commissioner of the Minnesota Department of Human Services has delegated its
licensing activities and enforcement of standards to group home facilities with Ramsey County to Ramsey
County;
WHEREAS, Ramsey County is responsible for accepting and processing license applications and
recommending approval or denial of applications for licensure;
WHEREAS, an integral part of the licensing process guarantees that residential programs are
geographically situated, to the extentpossible, in locations where residential services are needed, where they
would be a part of the community at large, and where access to other necessary services is available;
WHEREAS, when an individual submits an application for a group home to Ramsey County, the
County must perform a licensing study which allows the County to study both the background of the
City Counci105-27-03 27
applicant and perform in-home visits;
WHEREAS, the licensing study performed by Ramsey County does not review the geographic area
to be served by the group home;
WHEREAS, the City of Maplewood currently has 75 licensed group homes within its jurisdiction,
which account for 17.05% of the total number of group homes within Ramsey County;
WHEREAS, the concentration of group homes in certain neighborhoods within the City of
Maplewood has begun to increase;
WHEREAS, the capacity ofthe City of Maplewood's neighborhoods to absorb group home residents
could be exceeded andthe proportion of group home residents in the neighborhood could become so great as
to recreate the institutional atmosphere from which the group home is to provide an escape.
NOW THEREFORE, BE IT RESOLVED bythe City Council ofthe City of Maplewood, Minnesota
as follows:
1. The City Council hereby requests that Ramsey County continue to utilize a geographic study
along with its licensing study of group homes and provide that information to the service
provider, the City of Maplewood and the County Commissioner's Office;
2. That Ramsey County's geographic study utilize the following spacing guideline of group
homes:
1700 feet for population densities of less than 1000 in a square mile.
Seconded by Councilmember Juenemann Ayes-All
Councilmember Collins moved adopt the following resolution instructing the City Attorne,
staff to proceed to draft an ordinance to prevent the clustering of group homes through zoning
provisions:
RESOLUTION 03-OS-104
PREPARATION OF AN ORDINANCE
WHEREAS, a group home's purpose is to provide supervision and support to its residents in a
family-like setting, for persons unable to live independently in the community;
WHEREAS, group homes, being residential in nature, are appropriate uses in all residential zoning
districts of the City of Maplewood;
WHEREAS, 6.84 % of the people in the City of Maplewood's population are residents of group
homes;
WHEREAS, the City of Maplewood currently has 75 licensed group homes within its jurisdiction,
which account for 17.05% of the total number of group homes within Ramsey County;
WHEREAS, if large numbers of group homes cluster on the same block or in the same
neighborhood, it undermines the basic premise of group homes, that to be effective, they must locate in
residential neighborhoods where able-bodied neighbors can serve as role models for the group home
City Counci105-27-03 28
residents;
WHEREAS, the concentration of group homes in certain neighborhoods within the City of
Maplewood has begun to increase;
WHEREAS, the capacity ofthe City of Maplewood's neighborhoods to absorb group home residents
could be exceeded andthe proportion of group home residents in the neighborhood could become so great as
to recreate the institutional atmosphere from which the group home is to provide an escape;
WHEREAS, there is a need to ensure that group homes do not cluster on the same block and that
they are spread evenly throughout the neighborhoods of the City of Maplewood;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
That the proposed action be referred to the city attorney to draft an ordinance that would provide for
spacing of group homes in order to prevent clustering of group homes within the City of Maplewood.
Seconded by Councilmember Juenemann Ayes-All
L. VISITOR PRESENTATIONS
1. John Ahern-Principal of Edgerton School formally requested that the basketball hoops at
Edgerton Park be taken down immediately.
Councilmember Collins moved to allow council to take immediate action.
Seconded by Councilmember Juenemann Ayes-All
Councilmember Collins moved to require the basketball hoops to betaken down at Edgerton
Park immediately until a solution to reoccurring problems can be resolved.
Seconded by Councilmember Juenemann Ayes-All
2. Steve Nielsen-1401 Frost Avenue Maplewood, asked the council for help with persistent
problems with noise, car lights and garbage from the use of the parking lot at Gladstone
Center.
Councilmember Wasiluk moved to direct staff to work with Mr. Nielsen on finding a resolution
to numerous problems at his residence at 1401 Frost Avenue, originating from the Gladstone
Center parking lot.
Seconded by Councilmember Juenemann Ayes-All
3. Peter Fisher-2443 Standridge, Maplewood, felt the removal of the basketball hoops at
Edgerton Park may move the problem to Maple Crest Park or other local parks.
City Counci105-27-03 29
4. Mary Dierich-2624 Promontory Place, Maplewood, asked for support in requiring
performance standards in addirion to acreage standards when amending the Maplewood
Sewer Ordinance. She also would like to see testing completed on wells in the south end
of Maplewood
M. COUNCIL PRESENTATIONS
The following four council items will be carried over to the June 9~' City Council Meeting:
• Council Operations
• L.U.S.T. Sites
• Independent School District 623
• Emma's Place
N. ADMINISTRATIVE PRESENTATIONS
1. City Manager Fursman informed council that the legislature has passed the tax bill and he
will bring a report to council on how the bill will impact Maplewood
O. ADJOURNMENT
Councilmember Koppen moved to adjourn the meeting at 10:28 p.m.
Seconded by Councilmember Juenemann Ayes -All
City Counci105-27-03 30