HomeMy WebLinkAbout10-27-2003MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M., October 27, 2003
Council Chambers, Municipal Building
Meeting No. 03-26
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 Absent
APPROVAL OF MINUTES
1. Minutes from the City CounciUManager Workshop, October 13, 2002
Councilmember Collins moved to approve the CounciUManager Workshop Minutes of
October 13. 2003 as amended.
Seconded by Councilmember Juenemann Ayes-All
2. Minutes from the City Council Meeting October 13, 2003
Councilmember Juenemann moved to approve the City Council Meeting Minutes of
October 13, 2003 as amended.
Seconded by Councilmember Koppen Ayes-All
APPROVAL OF AGENDA
M1. Citizens Academy Graduation
M2. Maplewood Moose Chapter 563
M3. Campaign Signs
N1. Partnership
Mayor Cardinal moved to approve the agenda as amended.
Seconded by Councilmember Juenemann Ayes-All
City Council Meeting 10-27-03
F. APPOINTMENTS/PRESENTATIONS
1. Planning Commission and Community Design Review Board Appointments
Councilmember Collins moved to table this item until the November 10~' City_ Council
Meeting due to all applicants not being present.
Seconded by Councilmember Koppen Ayes-All
G. CONSENT AGENDA
1. Approval of Claims
ACCOUNTS
PAYART.F.
$266.00 Checks #62082 dated 10/7/03
$662,641.50 Checks #62083 thru #62141 dated 10/1 lthru
10/ 14/03
$74,855.81 Disbursements via debits to checking account
dated 10/3 thru 10/9/03
$117,578.76 Checks #62142 thru 62186# dated 10/20 thru
10/21/03
$1,981,818.71 Disbursements via debits to checking account
dated 10/10 thru 10/16/03
$2,837,160.78 Total Accounts Payable
PAYROLL
$402,418.59 Payroll Checks and Direct Deposits dated
10/ 10/03
$5,696.56 Payroll Deduction checks #95213 thru #95217
dated 10/10/03
$408,115.15 Total Payroll
$3,245,275.93 GRAND TOTAL
2. Increase in City Clerk Service Charges
Approved a 1.6% increase in City Clerk services charges effective January 1, 2004.
3. Increase in Community Development Service Charges
Approved revisions in Community Development Department license/permit fees
and services charges effective January 1, 2004 and approved the first reading of
Ordinance 843 to increase planning fees.
City Council Meeting 10-27-03 2
ORDINANCE NO. 843
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 $788
Conditional Use Permit:
Rl & R2 236
Other 838
Conditional Use Permit Revision:
Rl and R2 47
Other 168
Variances:
Rl and R2 154
Other 862
Vacations:
Rl and R2 148
Other 576
Lot Divisions (Fee per lot created):
Rl and R2 82
Other 307
Home Occupation Permit (initial permit) 168
(annual renewal) 55
Comprehensive Plan Amendment 1,148
Code Amendment 862
Planned Unit Development 1,270
Preliminary Plat 1,420
Preliminary Plat Revision or Time Extension 224
Final Plat 386
Time Extensions/Renewals 141
Section 2. Section 36 - 258 of the sign code is amended as follows:
Section 36 - 258. Fees.
(1) A sign erection permit fee (exceptfor billboards) shall be $24 (per inspection).
(2) The fee for erection of billboards shall be $92.
(3) The annual license fee for billboards shall be $361.
Section 3. This ordinance shall take effect on January 1, 2004.
4. Increase in Miscellaneous Service Charges
Approved to increase miscellaneous service charges by 1.6% effective January 1, 2004 to
keep up with inflation.
City Council 10-27-03
3
5. Supplemental Appropriation for LT. Services
Approved an $11,300 budget transfer from the IT fund (703-1540).
6. Transfer To Close Fund For Carver Avenue Trunk Sanitary Sewer, Project 3-17
Approved a transfer of $9,459.09 from the General Fund to the project fund to finance
the feasibility study cost and authorize the appropriate budget changes.
7. Conditional Use Permit Review -Jiffy Lube (Maplewood Mall Ring Road)
Agreed to review the conditional use permit for Jiffy Lube automotive garage near
Maplewood Mall again in one year or sooner if a problem arises of if the owner proposes
a significant change to the site.
8. Conditional Use Permit Review -Kline Nissan (3090 Maplewood Drive)
Agreed to review the conditional use permit for Kline Nissan 3090 Maplewood Drive
again in one year to ensure landscaping has been installed and all other conditions of
approval are being met, or sooner if a problem arises or the applicants proposes a major
change to the site.
9. Conditional Use Permit Review -Rose/Rice Auto Sales (1908 Rice Street)
Approved to review the conditional use permit for Rose/Rice Auto again in one year.
10. Lawful Gambling Resolution -Breweriana Collectors Club
Approve the following resolution after the fact for the purposes of establishing a
permanent record:
RESOLUTION 03-10-202
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota,
that the temporary premises permit for lawful gambling is approved for the Breweriana
Collectors 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.
City Council 10-27-03
11. Acceptance of Recodification of City Code of Ordinances -Second Reading
Adopted the following ordinance adopting and enacting a new code for the City of
Maplewood:
ORDINANCE 844
AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY
OF MAPLEWOOD, MINNESOTA; PROVIDING FOR THE REPEAL OF
CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A
PENALTY FOR THE VILOATION THEREOF; PROVIDING FOR THE
MANNER AF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH
CODE AND THIS ORDIANANCE SHALL BECOME EFFECTIVE.
THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. The code entitled "Code of Ordinances", City of Maplewood,
Minnesota, published by Municipal Code Corporation, consisting of chapters 1
thorough 44, each inclusive, is adopted.
Section 2. All ordinances of a general and permanent nature enacted on or before
May 27, 2003, and not included in the code or recognized and continued in force by
reference therein, are repealed.
Section 3. The repeal provided for in section 2 hereof shall not be construed to
revive any ordinance or part thereof that has been repealed by a subsequent ordinance
that is repealed by this ordinance.
Section 4. Unless another penalty is expressly provided, every person convicted
of a violation of any provision of the Code or any ordinance, rule or regulation adopted or
issued in pursuance thereof shall be punished by a fine or not more than $1,000.00 or
imprisonment for not more than 90 days or by both fine and imprisonment. Each act of
violation and each day upon which any such violation shall continue or occur shall
constitute a separate offense. The penalty provided by this section, unless another
penalty is expressly provided, shall apply to the amendment of any Code section, whether
or not such penalty is reenacted in the amendatory ordinance. In addition to the openly
prescribed above, the city may pursue other remedies such as abatement of nuisances,
injunctive relief and revocation of licenses or permits.
Section 5. Additions or amendments to the Code when passed in such form as to
indicate the intention of the council to make the same a part of the Code shall be deemed
to be incorporated in the Code, so that reference to the Code includes the additions and
amendments.
Section 6. Ordinances adopted after May 27, 2003, that amend or refer to
ordinances that have been codified in the Code shall be construed as if they amend or
refer to like provisions of the Code.
Section 7. This ordinance shall be effective October 28, 2003. Passed and
adopted by the City Council this 27u, day of October 2003.
12. Cashway Checking -Renewal of Annual Currency Exchange License
Approved the annual renewal license for Cashway Checking.
City Council 10-27-03
13. White Bear Avenue Improvements (Lydia and Woodlyn Intersections), City Project O1-
08:Approve Supplemental Agreements with Ramsey County
Approved the following resolution approving supplemental agreements with Ramsey
County for City Project 01-08:
RESOLUTION 03-10-204
APPROVE SUPPLEMENTAL AGREEMENTS WITH RAMSEY COUNTY
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project 01-08, White Bear Avenue intersection improvements at Woodlyn
Avenue and Lydia Avenue, and has entered into a cooperative agreement with Ramsey
County, and
WHEREAS, it is now necessary and expedient that said agreement be modified by
Change Order One and Supplemental Agreement Two.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood,
Minnesota
that the mayor and city clerk are hereby authorized and directed to approve and execute
Change Order One in the amount of $3,240 and Supplemental Agreement Two in the
amount of $2,750.
14. Infrastructure Management Software Purchase and Professional Services Agreement
with GoodPointeTechnology
Authorized staff to enter into an agreement with GoodPointe Technologies in the amount
of $27,651 for software purchases and professional consulting services.
15. Fire Department-Full-Time Firefighter's Resolution
Adopted the following resolution determining that full-time firefighters experience with
and service to the Fire Department would be difficult to replace for those names listed
within the Resolution:
RESOLUTION 03-10-212
RESOLUTION DETERMINING THAT FULL TIME FIREFIGHTERS' EXPERIENCE WITH
AND SERVICE TO THE FIRE DEPARTMENT WOULD BE DIFFICULT TO REPLACE.
WHEREAS, in 2002, the City determined that in order to better protect its public safety and health,
a certain complement of full time firefighters was necessary;
WHEREAS, the City has retained several members of the paid on-call fire department to serve as
full-time firefighters, to wit: Steve Lukin, Bob Peterson, Doug Johnson, Jerome Novak, Kirk Duellman,
Richard Dawson, Ronald J. Svendsen, Rustin L. Svendsen, and Clarence (Butch) Gervais (the "Full Time
City Council 10-27-03
Firefighters");
WHEREAS, the City deems that the Full Time Firefighters' collective years of service to and
experience with its Fire Department would be difficult to replace;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA THAT:
The Maplewood City Council determines thatthe experience of Steve Lukin, Bob Peterson, Doug Johnson,
Jerome Novak, Kirk Duellman, Richard Dawson, Ronald J. Svendsen, Rustin L. Svendsen, and Clarence
(Butch) Gervais with the Fire Department would be difficult to replace; and
That the City Clerk transmit and file this determination with the Maplewood Firefighters' Relief
Association.
16. Purchase of New Squad Car-Police Department
Approved the purchase of a replacement police vehicle with the subsequent budget
change.
Councilmember Collins moved to approve the consent agenda items 1-8, and 10-16 as presented.
Seconded by Councilmember Koppen
Ayes-All
Councilmember Collins moved to approve the consent agenda items as presented.
Seconded by Councilmember Koppen Ayes-Councilmembers Collins,
Juenemann, and Koppen
Abstain-Mayor Cardinal
H. PUBLIC HEARINGS
1. 7:11 p.m. Street Right-of--Way Vaoation (Karth Road, north of County Road D)
a. City Manager Fursman presented the staff report.
b. Associate Planner Roberts presented specifics from the report.
c. Commissioner Trippler presented the October 6, 2003, Planning Commission Report.
d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following person was heard:
Dave Huebl, the applicant, 2191 County Road D, Maplewood
e. Mayor Cardinal closed the public hearing.
Councilmember Koppen moved to adopt the following resolution for the vaoation of the Karth Road
City Council 10-27-03
Right-of--way, north of County Road D. The reasons for the vacation is as follows:
VACATION RESOLUTION 03-10-205
WHEREAS, Chris Cavett, representing the Maplewood Engineering Department and the
adjacent property owners, applied for the vacation of the following:
The Karth Road right-of--way between the north right-of--way line of County Road D and the
south right-of--way line of Interstate 694 in Maplewood, Minnesota in Section 35, Township 30, Range
22.
WHEREAS, the history of this vacation is as follows:
1. On October 6, 2003, the planning commission recommended that the city council
approve the public vacation.
2. On October 27, 2003, the city council held a public hearing. The city staff published a
notice in the Maplewood Review and sent a notice to the abutting property owners. The
council gave everyone at the hearing a chance to speak and present written statements.
The council also considered reports and recommendations from the city staff and
planning commission.
WHEREAS, after the city approves this vacation, public interest in the property will go to the
following properties:
Except the West 430.42 feet, the part lying southerly of Highway 694 of the S W '/4 of the SE '/4
(subject to roads), in Section 35, Township 30, Range 22 (PIN 35-30-22-44-0013) and
The part lying southerly of Highway 694 of the SE'/4 of the SE'/4 of the SE'/4 (subject to roads)
in Section 35, Township 30, Range 22 (PIN 35-30-22-44-0014).
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
vacation for the following reasons:
L It is in the public interest.
2. The city is not using the right-of--way for a public street.
3. The right-of--way is not needed for street access purposes as the adjacent properties have
street access on County Road D.
This vacation is subject to:
1. The city keeping a utility easement over the vacated right-of--way.
2. The property owners signing an easement agreement for the existing driveway that is in the
right-of--way. This agreement is to be recorded at Ramsey County.
Seconded by Councilmember Juenemann Ayes-All
2. 7:22 p.m. South Maplewood Rezonings (F and R-1 to R-1(R))
a. City Manager Fursman presented the staff report.
City Council 10-27-03
b. Associate Planner Roberts presented specifics from the report.
a Commissioner Trippler presented the Planning Commission Report.
d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Gary Schlomka, 1481 Henry Lane, Maplewood
Mary Ketrowski, 2574 Haller Lane, Maplewood
Mark Wiegel, 2720 Carver Avenue, Maplewood
e. Mayor Cardinal closed the public hearing.
Councilmember Koppen moved to adopt the following resolution approving the zoning chance F
and R-1 to R-1(R) (with the exception of the three Schlomka properties):
ZONING MAP CHANGE RESOLUTION 03-10-206
WHEREAS, the City of Maplewood has initiated a change to the city's zoning map from F (farm
residence) to R-1(R) (rural residential).
WHEREAS, this change is for several properties in south Maplewood as follows:
1. 2510 Carver Avenue (PIN 24-28-22-13-0001)
2. XXXX Carver Avenue (Vacant) (PIN 24-28-22-13-0002)
3. XXXX Carver Avenue (Vacant) (PIN 24-28-22-13-0003)
4. 2620 Carver Avenue (PIN 24-28-22-14-0002)
5. 2670 Carver Avenue (PIN 24-28-22-14-0003)
6. XXXX Carver Avenue (Vacant) (PIN 24-28-22-14-0010)
7. 2700 Carver Avenue (PIN 24-28-22-14-0011)
8. XXXX Carver Avenue (Vacant) (PIN 24-28-22-14-0005)
9. 2730 Carver Avenue (PIN 24-28-22-14-0013)
10. XXXX Henry Lane (Vacant) (PIN 24-28-22-32-0001)
11. XXXX Henry Lane (Vacant) (PIN 24-28-22-32-0003)
12. 1491 Sterling Street South (PIN 24-28-22-31-0015)
13. 1525 Sterling Street South (PIN 24-28-22-31-0016)
14. XXXX Sterling Street South (Vacant) (PIN 24-28-22-34-0001)
15. 1615 Sterling Street South (PIN 24-28-22-34-0002)
16. 1635 Sterling Street South (PIN 24-28-22-34-0007)
17. 1645 Sterling Street South (PIN 24-28-22-34-0008)
18. XXXX Sterling Street South (Vacant) (PIN 24-28-22-34-0006)
19. 1675 Sterling Street South (PIN 24-28-22-34-0005)
20. 1636 Sterling Street South (PIN 24-28-22-43-0003)
21. 1670 Sterling Street South (PIN 24-28-22-43-0004)
22. 1678 Sterling Street South (PIN 24-28-22-43-0002)
WHEREAS, the history of this change is as follows:
1. On October 6, 2003, the planning commission recommended that the city council approve the
City Council 10-27-03
proposed zoning map changes.
2. On October 27, 2003, the city council held a public hearing. City staff published a notice in the
Maplewood Review and sent notices to the surrounding property owners. The council
conducted the public hearing whereby all public present were given a chance to speak and
present written statements. The city council also considered reports and recommendations from
the city staff and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
changes in the zoning map for the following reasons:
1. The proposed changes are consistent with the spirit, purpose and intent of the zoning code.
2. The proposed changes will not substantially injure or detract from the use of neighboring
property or from the character of the neighborhood, and that the use of the property adjacent
to the area included in the proposed change or plan is adequately safeguarded.
3. The proposed changes will serve the best interests and conveniences of the community, where
applicable, and the public welfare.
4. The proposed changes would have no negative effect upon the logical, efficient, and economical
extension of public services and facilities, such as public water, sewers, police and fire
protection and schools.
5. The proposed changes would make the zoning of the property consistent with the existing land
use designation.
Seconded by Councilmember Collins Ayes-All
I. AWARD OF BIDS
None
J. UNFINISHED BUSINESS
1. Swimming Pool Fence Code Amendment (Second Reading)
a. City Manager Fursman presented the staff report.
b. Associate Planner Roberts presented specifics from the report.
Councilmember Koppen moved to adopt the following Swimming Pool Fence Ordinance
Amendment as presented:
ORDINANCE NO. 841
City Council 10-27-03 10
AN ORDINANCE AMENDING THE FENCING REQUIREMENTS
FOR SWIMMING POOLS
The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances:
Section 1. This amendment changes Section 12-498 (additions are underlined and deletions are crossed
out):
Definition: For the purpose of this chapter, *'^^ *^~ "°~-~~~~~~-~°°"' °'^^" ...^^~ ^~- ...^~~^a^ ~°°'
^~^'~'^ ~Fw^~~~- ~~^^a F°~'^~~m^~ ^~- ~mm~~~- a swimmine_nool is defined as any outdoor structure, hot
tub, basin, chamber or tank containing an artificial body of water for swimming d, wing, or recreational
bathing used in connection with a single or double dwelling having the depth of more than 24 inches at
any point or a surface area exceeding 150 square feet.
Section 2. This amendment changes Section 12-502(8) (additions are underlined and deletions are
crossed out):
All pools shall be surrounded with a nonclimbable or chain link fence of at least four (4) feet in height.
'°^°* °~° ~~` F °* ~^''°~^'~* The walls of anabove-ground pool may substitute for a fence, provided the
pool walls are at least four feet in height and tkat the pool has--a has a removable ladder, aself-
closine/self-latching_erose~ro gate or some other means to prevent access. A fence surrounding a yard
may also be used to meet this requirement, subject to these requirements.
Alternatives to the fence requirement, such as a proposal to use a pool cover or some other means of
swimming-pool protection, shall be considered an exception request and shall be subject to review and
annroval by the city council.
Section 3. This ordinance shall take effect after publishing in the official newspaper.
Seconded by Mayor Cardinal Ayes-All
2. Gruber's Power Equipment (1762 White Bear Avenue)
a. Minor Subdivision
b. Moratorium Variance
c. Parking Lot Setback Variance
d. Conditional Use Permit for Expansion of Exterior Storage
a. City Manager Fursman presented the staff report.
b. Associate Planner Roberts presented specifics from the report.
a Matt Gruber, the applicant spoke in agreement of staff's proposal.
d. Larry Griffith, representing Junior Achievement, spoke to the 5-year parking lease.
Councilmember Koppen moved to adopt the following resolution approving a variance from the
Hillcrest Villaee moratorium for Gruber's Power Eauipment and Junior Achievement. This
City Council 10-27-03 11
variance allows Gruber's to subdivide .258 acres of land from 1800 White Bear Avenue (Junior
Achievement) to combine with 1762 White Bear Avenue (Gruber's) within the Hillcrest Village
redevelopment area:
RESOLUTION 03-10-207
HILLCREST VILLAGE MORATORIUM VARIANCE RESOLUTION
WHEREAS, Gruber's Power Equipment and Junior Achievement have applied for a variance
from the Hillcrest Village development and subdivision moratorium ordinance in order to subdivide
.258 acres of land from Junior Achievement's property at 1800 White Bear Avenue to combine with
Gruber's property at 1762 White Bear Avenue. The legal description for the .258 acres of land is:
Parts of Lots 6, 9, and 10, Block 1, Meister's Highlands, According to the Recorded Plat thereof,
Ramsey County, Minnesota
WHEREAS, Ordinance No. 834 of the city code establishes a development and subdivision
moratorium for the Hillcrest area which includes land located north of Larpenteur Avenue, east of White
Bear Avenue, south of Ripley Avenue, and west of Hazel Street, as well as properties on the west side of
White Bear Avenue located north of Larpenteur Avenue and south of Frost Avenue.
WHEREAS, Gruber's is proposing to expand their exterior storage area into the newly
subdivided land.
WHEREAS, the subdivision of land requires a variance from the moratorium ordinance.
WHEREAS, the history of this variance is as follows:
The city council held a public hearing on October 13, 2003. City staff published a notice
in the Maplewood Review and sent notices to the surrounding property owners as
required by law. The city council gave everyone at the hearing an opportunity to speak
and present written statements. The city council also considered reports and
recommendations from the city staff and planning commission. The city council tabled
the request to allow city staff time to prepare conditions of approval. The city council
held a second hearing on October 27, 2003.
NOW, THEREFORE, BE IT RESOLVED thatthe city council approves the Hillcrest Village
moratorium variance as described above. This variance is because:
1. The city has no adopted timeline for the Hillcrest Village redevelopment plan at this time.
2. The city has no adopted land use and zoning for the Hillcrest Village redevelopment plat at this
time.
3. Gruber's is a longstanding business within the city.
4. Gruber's acknowledges that the minor subdivision and subsequent use of the land for exterior
storage is not compatible with the proposed land use and zoning, rather a necessity for their
growing business at this time.
City Council 10-27-03 12
5. Improvements proposed with the minor subdivision and exterior storage expansion will include
screening of all exterior storage, landscaping of the site, parking lot improvements, and loading
and unloading access improvements. These will improve the aesthetics and safety of the site for
Gruber's customers and the city as a whole.
Seconded by Mayor Cardinal Ayes-All
Councilmember Koppen moved to approve Gruber's Power EgUlpment's request for a minor
subdivision in order to subdivide .258 acres of land from 1800 White Bear Avenue (Junior
Achievement) to combine with 1762 White Bear Avenue. Approval is based on the following
conditions:
a. Deeds describing the two new legal descriptions must be drafted and submitted to city
staff for approval prior to recording with the county.
b. Access easement between Junior Achievement and Gruber's must be drafted and
submitted to city staff for approval prior to recording with the county. The easement
must legally describe the area and purpose of the easement, which will allow Gruber's
access to their rear lot through two proposed accesses on the north and east side of their
exterior storage area.
c. Prior to issuance of a building permit for the fence around the exterior storage area, the
applicants must submit proof of recording the deeds and easement with the county. The
deeds and easements must be recorded within one year of the date of approval (October
27, 2004) or the minor subdivision will become null and void (city code requirement).
d. Prior to issuance of a fence permit for the exterior storage area, the applicants must
submit proof that Gruber's existing lot was combined with the newly created lot.
Seconded by Mayor Cardinal Ayes-All
Councilmember Koppen moved to adopt the following resolution approving a 5-foot parking lot
setback variance for Junior Achievement at 1800 White Bear Avenue. This variance is requested
in order to allow Gruber's new lot line to be placed right up to Junior Achievement's parking lot.
rather than the required 5-foot setback. Approval is based on the following findings:
PARKING LOT SETBACK VARIANCE RESOLUTION 03-10-208
WHEREAS, Junior Achievement applied fora 5-foot parking lot setback variance.
WHEREAS, this variance applies to 1800 White Bear Avenue. The legal description is:
Meister's Highlands, Ramsey County, Minnesota, Subject to Easements and Vacated Van Dyke
Street Accruing and Ex. N 201.4 Feet of the East 137 Feet and Vacated Van Dyke Street
Adjacent Accruing the Following Tract Lots 1 through 6 and 9 through 14, Block 1.
WHEREAS, Section 44-20(c)(5) of the city's ordinances requires aparking lotto maintain a 5-
footsetback from a side property line.
City Council 10-27-03 13
WHEREAS, Junior Achievement proposes to subdivide .258 acres of land and sell it to the
adjacent property, Gruber's Power Equipment at 1762 White Bear Avenue.
WHEREAS, the new lot line will be placed right up to Junior Achievement's parking lot, rather
than the required 5-foot setback.
WHEREAS, the history of this variance is as follows:
1. On September 15, 2003, the planning commission recommended that the city council approve
this variance.
2. The city council held a public hearing on October 13, 2003. City staff published a notice in the
Maplewood Review and sent notices to the surrounding property owners as required by law.
The city council gave everyone at the hearing an opportunity to speak and present written
statements. The city council also considered reports and recommendations from the city staff
and planning commission. The city council tabled the request to allow city staff time to prepare
conditions of approval.
3. The city council held a second hearing on October 27, 2003.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
variance for the following reasons:
1. The portion of Junior Achievement's parking lot requiring a 5-foot setback variance will be
leased and maintained by Gruber's, the adjacent property owner.
2. Gruber's lease of the parking lot will ensure safety for Gruber's customers and employees by
allowing them adequate off-street parking.
Seconded by Mayor Cardinal
Ayes-All
Councilmember Koppen moved to adopt the following resolution approving a conditional use
permit for exterior storage at Gruber's Power Equipment at 1762 White Bear Avenue. Approval
is based on the following conditions:
CONDITIONAL USE PERMIT RESOLUTION 03-10-209
WHEREAS, Gruber's Power Equipment applied for a conditional use permit for exterior storage
for their business.
WHEREAS, this permit applies to property located at 1762 White Bear Avenue, Maplewood,
Minnesota.
WHEREAS, the legal description is Lots 9 and 10, Block 1, Meister's Highlands.
WHEREAS, the history of this conditional use permit is as follows:
1. On September 15, 2003, the planning commission recommended that the city council approve
this conditional use permit.
2. The city council held a public hearing on October 13, 2003. City staff published a notice in the
City Council 10-27-03 14
Maplewood Review and sent notices to the surrounding property owners as required by law.
The city council gave everyone at the hearing an opportunity to speak and present written
statements. The city council also considered reports and recommendations from the city staff
and planning commission. The city council tabled the request to allow city staff time to prepare
conditions of approval.
3. The city council held a second hearing on October 27, 2003.
NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-described
conditional use permit based on the building and site plans. The city approved this permit because:
1. The use would not depreciate property values.
2. 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.
3. 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.
4. The use would not create excessive additional costs for public facilities or services.
5. The use would cause minimal adverse environmental effects.
Approval of the conditional use permit is subject to the following conditions:
a. This permit shall end on October 27, 2008.
b. Proof of the existence of a parking lot lease agreement between Gruber's and Junior
Achievement, or subsequent owners of 1800 White Bear Avenue, and yearly thereafter.
The parking lot lease agreement language must be submitted to city staff prior to issuance
of a fence permit and yearly thereafter, and must cover the following:
1) Junior Achievement allows Gruber's the use of 46 parking spaces within
Junior Achievement's parking lot, adjacent Gruber's business.
2) The parking lot lease agreement must be for at least five years.
3) Cancellation of the lease by Junior Achievement must allow Gruber's six
months to cease the use of the 46 parking spaces.
4) Because Gruber's conditional use permit is directly tied to the use of the
46 above-mentioned parking spaces, Gruber's conditional use permit for
exterior storage will become null and void in the event that they do not
have a lease agreement for the use of the 46 parking spaces, unless
alternative parking arrangements can be made, as approved by the city, or
the city approves a special agreement with Gruber's to allow for reduced
parking.
City Council 10-27-03 15
c. All exterior storage must be screened by a 10-foot-high screening fence.
d. There shall be no loading or unloading of tractors, equipment, or other inventory from
White Bear Avenue. All loading and unloading must be accomplished on the north or
east side of Gruber's exterior storage area, as allowed within the required access
easement between Junior Achievement and Gruber's.
e. There shall be no noise-making business activity conducted in the lot, or made by
vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through
Saturday, or all day Sunday as required by code.
£ All construction shall follow the site plan approved by the city. The director of
community development may approve minor changes.
g. The conditional use permit shall be reviewed by the city council in one year.
Seconded by Mayor Cardinal Ayes-All
Councilmember Koppen moved to approve Gruber's site plan date sampled May 29, 2003, for
the expansion of their exterior storage area at 1762 White Bear Avenue. Approval is based on
the followine conditions:
a. Provide the following for city staff approval before the city issues a grading or fence
permit:
1) A revised grading, drainage and erosion control plan which addresses all
conditions as specified in the Maplewood Engineering Department's June 27,
2003, engineering review.
2) A revised site plan showing the following:
a) Entire site plan should show Gruber's lot, as well as the area of Junior
Achievement's lot held under lease by Gruber's.
b) Striping of parking spaces on the front parking lot (west side of the
building). Parking must comply with city code and Americans with
Disabilities Act requirements. Striping of parking spaces is to be
completed by June 1, 2004.
3) Revised fence elevations showing the following:
a) No portion of the fence will exceed 10 feet in height.
b) A green painted stripe on the top portion of the fence, to match the
existing green strip on the building.
4) A revised landscape plan that shows the 12 proposed amur maples
replaced with 12 alternative ornamental trees to be approved by city staff.
City Council 10-27-03 16
5) Prepare a landscaping maintenance easement agreement that explains the
duties and responsibilities for the care and, if necessary, the replacement
of the landscaping that is for the Grubers site that is on the Junior
Achievement property. The applicant shall record this agreement with
Ramsey County.
6) A photometrics plan must be submitted to the city for any new outdoor
lighting. Freestanding lights shall not exceed 25 feet in height and light
illumination from outdoor lights must not exceed .4-foot candles at all
property lines.
7) Dumpster must be stored behind 10-foot-high screening fence at all times.
8) A letter of credit or cash escrow for all required exterior improvements.
The amount shall be 150 percent of the cost of all required exterior work
and must be submitted prior to issuance of a grading or fence permit.
b. All exterior improvements must be complete by June 1, 2004.
c. All work shall follow the approved plans. The director of community
development may approve minor changes.
Seconded by Mayor Cardinal
K. NEW BUSINESS
Ayes-All
1. Van Dyke Street Housing Tax-Increment Financing Development Agreement (Van Dyke
Street, north of County Road B)
a. City Manager Fursman presented the staff report.
b. Associate Planner Roberts presented specifics from the report.
c. Bruce Mogren, the applicant explained the necessity of the TIF.
d. Paul Steinman, representing Springsted, provided further specifics of TIF plan.
Councilmember Koppen moved to authorize the city and developer to execute the development
ageement for the Van Dyke Village town house development on Van Dyke Street.
Seconded by Councilmember Juenemann Ayes-All
2. Change of Manager -Big Discount Liquor (Sid's) - 2515 White Bear Avenue
a. City Manager Fursman presented the staff report.
b. City Clerk Guilfoile presented specifics from the report.
City Council 10-27-03 17
c. Edwin Koenen, the applicant, 660 Burlington Road, St. Paul, was present for questions.
d. Leng Ku, the possible future owner of the business was also present for questions.
e. Gregg Heck, CPA for the applicant, Mueller, Liele & Harrington, Roseville, asked
questions of the council regarding new ownership requirements and fees.
Mayor Cardinal moved to approve the off-sale liquor license for Mr. Koenen at Big Discount
Liquor.
Seconded by Councilmember Koppen Ayes-All
3. Resolution Supporting School District #622 Locating a Bus Facility on Excess MnDOT
Property at TH 5 and TH 120 Intersection
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 in support of School District
#622 locating a bus facility on excess MnDOT property at TH 5 and TH 120 (Century Avenue)
intersection.
Seconded by Mayor Cardinal Ayes-Mayor Cardinal and
Councilmember Koppen
Nays-Councilmembers Juenemann and
Collins
Morton failed for lack of a majority.
4. Carlton Street, Conway to Minnehaha, Project 03-22: Resolution -Accepting Report and
Ordering Public Hearing
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Collins moved to adopt the following resolution accepting the report and calling
for a public hearing for 7:30 Monday, November 10, 2003 for Carlton Street:
RESOLUTION 03-10-210
ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING
WHEREAS, pursuant to resolution of the council adopted June 9~', 2003, areporthas been
prepared by the city engineering division with reference to the improvement of Carlton St, from Conway
Ave. to Minnehaha Ave., City Project 03-22, and this report was received by the council on October
27~', 2003, and
WHEREAS, the report provides information regarding whether the proposed project is
City Council 10-27-03 18
necessary, cost-effective, and feasible,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. The council will consider the improvement of such street in accordance with the report
and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to
Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $1,379,160.
2. A public hearing shall be held on such proposed improvement on the 10th day of
November 2003 in the council chambers of city hall at 7:30 p.m., and the clerk shall give mailed and
published notice of such hearing and improvement as required by law.
Seconded by Councilmember Koppen Ayes-All
5. Hazelwood/County Road C Area Streets, Project 03-18: Resolution -Accepting Report
and Ordering Public Hearing
a. City Manager Fursman presented the staff report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Collins moved to adopt the following resolution accepting the report and calling
for a public hearing for 7:15 p.m.. Monday. November 10. 2003, for the Hazelwood/County
Road C Area Improvements project:
RESOLUTION 03-10-211
ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING
WHEREAS, pursuant to resolution of the council adopted May 27, 2003, a report has been
prepared by the city engineering division with reference to the improvement of Hazelwood/County Road
C Area Streets, City Project 03-18, and this report was received by the council on October 27, 2003, and
WHEREAS, the report provides information regarding whether the proposed project is
necessary, cost-effective, and feasible,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. The council will consider the improvement of such street in accordance with the report
and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to
Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $2,898,200.
2. A public hearing shall be held on such proposed improvement on the 10th day of
November 2003 in the council chambers of city hall at 7:15 p.m., and the clerk shall give mailed and
published notice of such hearing and improvement as required by law.
Seconded by Councilmember Juenemann Ayes-All
City Council 10-27-03 19
L. VISITOR PRESENTATIONS
None
M. COUNCIL PRESENTATIONS
1. The 7th Annual Citizen Academy Graduation will be held on October 30, 2003 at the
Fire Station located on 1955 Clarence Avenue at 8:00 p.m.
2. Maplewood Women of the Moose Chapter 563 donated 48 stuffed animals that will be
used by police officers for children at times of crisis.
3. Campaign Signs need to by posted according to city regulations. City Clerk Guilfoile
clarified that the city sign ordinance is regulated by the Community Development
Department and other signs generally regulated between the City Clerk's Office and
Police Department.
N. ADMINISTRATIVE PRESENTATIONS
1. Councilmember Wasiluk will be unable to attend the October 28~' Partnership meeting,
which will be held in the Maplewood Room if another Councilmember is available.
O. ADJOURNMENT
Councilmember Juenemann moved to adjourn the meeting at 9:22 p.m.
Seconded by Councilmember Koppen Ayes -All
City Council 10-27-03 20