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HomeMy WebLinkAbout04-12-2004MINUTES MAPLEWOOD CITY COUNCIL 7:04 P.M. Monday, April 12, 2004 Council Chambers, Municipal Building Meeting No. 04-07 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 Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present Jackie Monahan-Junek, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF MINUTES 1. Minutes from the City CounciUManager Workshop-March 22, 2004 Councilmember Juenemann moved to approve the minutes from the March 22, 2004 City Council/Manager workshop as presented. Seconded by Councilmember Monahan-Junek Ayes-All 2. Minutes from the City Council Meeting-March 22, 2004 Councilmember Monahan-Junek moved to approve the minutes from the March 22. 2004 City Council meeting as amended. Seconded by Councilmember Juenemann Ayes-All APPROVAL OF AGENDA M1. City Ordinances M2. Met Council Study M3. Meetings in Council Chambers M4. Recycling Event at Aldrich Arena M5. South Leg Focus Group M6. Wetland Monitoring Councilmember Koppen moved to approve the agenda as amended. Seconded by Councilmember Juenemann Ayes-All City Counci104-12-04 Mayor Cardinal recognized the following Maplewood residents serving the country overseas: • William Cockriel, Active duty in Baghdad • Will Riser Jr., Sergeant in the Army Reserve • Erik Ahlness, National Guard Lieutenant Colonel in Bosnia • Katherine Neiters, Sergeant in the Army Reserves in Iraq F The mayor also recognized Celi Dean, Miss Teen Minnesota who is a Maplewood resident and was present at the meeting. Ms. Dean led the pledge of allegiance and informed council of various things she will be doing to represent the city and the state of Minnesota during her reign, APPOINTMENT S/PRESENTATIONS 1. Police Civil Service Commission Appointment a. Assistant City Manager Coleman presented the report. Debra Birkholz was appointed to the Police Civil Service Commission effective immediately. G. CONSENT AGENDA 1. Approval of Claims ACCOUNTS PAYABLE: $ 1,944.64 Check # 63420 dated 3/16/04 $ 57,288.80 Checks # 63421 thru # 63454 dated 3/23/04 $ 218,880.41 Disbursements via debits to checking account dated 3/15/04 thru 3/18/04 $ 1,944.64 Check # 63455 dated 3/22/04 $ 278,16139 Checks # 63456 thru # 63507 dated 03/30/04 $ 130,412.57 Disbursements via debits to checking account dated 3/19/04thru 3/25/04 $ 400,366.98 Checks # 63508 thru # 63565 dated 4/06/04 $ 332,595.17 Disbursements via debits to checking account City Counci104-12-04 2 dated 3/26/04 thru 4/01/04 $ 1,421,594.60 Total Accounts Payable PAYROLL 409,790.24 Payroll Checks and Direct Deposits dated 3/26/04 4,492.64 Payroll Deduction check # 97037 thru # 97039 dated 3/26/04 414,282.88 Total Payroll $ 1,835,877.48 GRAND TOTAL 2. Budget Change for Audit Fees Approved a budget adjustment of $9,480 for audit fees. 3. Revision to Benefit Cafeteria Plan Adopted the Master Plan retroactive to October 1, 2003 for the Healthcare Flex Plan and Childcare Reimbursement program. 4. Wateriest Appropriations for 2004 Approved the Ramsey-Washington Metro Watershed Districts request for $750 for the 2004 Wateriest. 5. Temporary Gambling & Temporary Liquor License -Church of the Presentation of the Blessed Virgin Mary Adopted the following resolution approving the temporary gambling and liquor licenses for the Church of the Presentation of the Blessed Virgin Mary for May 1-2: RESOLUTION 04-04-062 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the Church of the Presentation of the Blessed Virgin Mary (BVM), 1725 Kennard Street, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. City Counci104-12-04 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. St. Paul East Parks Lions Club -Temporary 3.2 Beer and Temporary Gambling - Ramsey County Fair Adopted the following resolution approving the temporary 3.2 beer license and the resolution for temporary gambling for St. Paul East Parks Lions Club: RESOLUTION 04-04-064 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. Approval of Joint Powers Agreement With City of St. Paul for Records Management System Approved the signing of the joint powers agreement between the City of Maplewood and the City of St. Paul for a records management system. 8. Kennard/Frost Area Street Improvements, Project 02-10 -Resolution Directing Modification of Existing Construction Contract, Change Order No. 6 Adopted the following resolution directing the modification of the existing construction contract for the Kennard/Frost Area Street improvement project, City Project 02-10: RESOLUTION 04-04-065 DIRECTING MODIFICATION OF CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 02-10, Kennard/Frost Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 02-10, Change Order No. 6. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, City Counci104-12-04 MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 6 in the amount of $88,328.60. The final contract amount is $2,368,904.58. The finance director is hereby authorized to make the financial transfers necessary to implement the revised financing plan for the project. The revised financing plan is as shown below: Fundine Source Street Assessments: Storm Assessments: Sewer Utility Fund SPRWS: Original Budget $1,127,800 $9,600 $147,000 $74,000 Revised Budget $1,110,742 $8,923 $161,300 $153,360 WAC Fund $100,000 $37,725 General Tax Levy: $1,486,100 $ 1,499,000 Private Driveways $0 $130,950 Total: $2,944,500 $3,102,000 9. Park Planning Budget Transfer Approved allocating $15,000 from the park dedication fund for park planning projects as proposed and that the finance director be directed to make the necessary budgetary changes. Councilmember Juenemann moved to approve the consent agenda items 1-6 and 8-9 as presented. Seconded by Councilmember Rossbach Ayes-All Councilmember Juenemann moved to approve the consent agenda item 7 as presented. Seconded by Councilmember Rossbach Ayes-All H. PUBLIC HEARINGS 1. 7:20 P.M. Carlton Street, Project 03-22 -Assessment Hearing, Resolution for Adoption of Assessment Roll a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Bernard Mehr, 687 Ferndale Street, Maplewood Don Kimble, 679 Ferndale Street, Maplewood Harold Pearl, 657 Ferndale Street, Maplewood d. Mayor Cardinal closed the public hearing. City Counci104-12-04 Councilmember Rossbach moved to adopt the following resolution for the adoption of the assessment roll for the Carlton Street Improvements. Project 03-22: RESOLUTION 04-04-066 ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on February 23, 2004, calling for a Public Hearing, the assessment roll for the Carlton Street Improvements, City Project 03-22, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, no property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on Apri126, 2004, as to their recommendations for adjustments. 2. The assessment roll for the Carlton Area Street Improvements as amended, without those property owners' assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. 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. 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 2005 and shall bear interest at the rate of 5.0 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, 2004. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. 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 October 1, 2004, 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 for any portion of the assessment that is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2004, 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. The city engineer and city clerk shall forthwith after October 1, 2004, but no later than November 15, 2004, 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 City Counci104-12-04 2. 7:36 P.M. Easement Vacation -Van Dyke Village (Van Dyke Street) a. City Manager Fursman presented the staff report. b. Assistant Community Development Director Ekstrand presented specifics from the report. o. Commissioner Trippler presented the Planning Commission report from March 15, 2004. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: None e. Mayor Cardinal closed the public hearing. Councilmember Juenemann moved to adopt the following resolution for the vacation of a drainage and utility easement within the site of the Van Dyke Village townhouse development on Van Dye Street: VACATION RESOLUTION 04-04-067 WHEREAS, Bruce Mogren, representing the developer and property owners, applied for the vacation of the following: Apart of a drainage and utility easement located in the vacated Laurie Road right-of--way lying west of Van Dyke Street in Section 11, Township 29, Range 22, Maplewood, Minnesota. WHEREAS, the history of this vacation is as follows: 1. On March 15, 2004, the planning commission recommended that the city council approve the public vacation. 2. On April 12, 2004, 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, the public interest in the property will go to the adjoining property. 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 existing easement in its current configuration is not needed for utility purposes. City Counci104-12-04 This vacation is subject to: 1. The owner providing the city a new 30-foot-wide drainage and utility easement for the existing sanitary sewer line, subject to the approval of the city engineer. 2. If a problem did occur regarding the proximity issue any repairs to the adjacent buildings and landscaping would be the owner's responsibility and expense. Seconded by Councilmember Koppen Ayes-All 3. 7:40 P.M. Venburg Tire Relocation (Highway 61 North) 1. Conditional Use Permit 2. Setback Variance to R-1 Zoning District 3. Parking Lot Setback Variance 4. Roadway Easement Vacation 5. Sign Setback Variance a. City Manager Fursman presented the staff report. b. Assistant Community Development Director Ekstrand presented specifics from the report. c. Boardmember Olson presented the Community Design Review Board report from the March 29, 2004 meeting. d. Commissioner Trippler presented the Planning Commission report. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Pat McFarland, owner of Venburg Tire £ Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution approving a conditional use permit for the proposed Venburg Tire building to be located 220 feet from the adjacent residentially zoned property to the west: CONDITIONAL USE PERMIT RESOLUTION 04-04-068 WHEREAS, Carol and Pat McFarlane applied for a conditional use permit to construct their new building closer than 350 feet to an adjacent residential district. WHEREAS, this permit applies to the property to the north of Gulden's Roadhouse, 2999 Maplewood Drive. The legal description is: That part of the north 409.50 feet of the east 500.00 feet of the South Half of the Northeast Quarter of Section 4, Township 29, Range 22, Ramsey County, Minnesota, lying northerly of a line drawn from a point on the east line of said Northeast Quarter of Section 4 distant 235.77 feet south of the northeast corner of said South Half of the Northeast Quarter of Section 4 to a point on the west line of said east 500.00 feet of the South Half ofthe Northeast Quarter of Section 4 distant 115.53 feet south ofthe northwest comer of said east 500.00 feet of the South Half of the Northeast Quarter of Section 4. City Counci104-12-04 WHEREAS, the history of this conditional use permit is as follows: 1. On March 15, 2004, the planning commission recommended that the city council approve this permit. 2. The city council held a public hearing on April 12, 2004 City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit because: A. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. B. The use would not change the existing or planned character of the surrounding area. C. The use would not depreciate property values. D. The use would not involve any activity, process, materials, equipment or methods of operationthat would be dangerous, hazardous, detrimental, disturbing or cause anuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. E. 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. F. 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. G. The use would not create excessive additional costs for public facilities or services. H. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. L The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan that the city stamped February 3, 2004. The City Counci104-12-04 9 Director of Community Development may approve minor changes. 2. The proposed construction must be substantially started, orthe proposed use utilized within one year of council approval, or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The applicants shall submit a revised landscape plan, prior to the issuance of a building permit, providing a six foot tall and 80 percent opaque landscaped screen for the abutting property to the west as required by the code. 5. The applicants shall sign amaintenance agreementwiththe owners ofGulden's andthe city for the upkeep of the private roadway. 6. Outdoor tire storage is not allowed by this permit. All tires shall be kept within a screening enclosure. 7. The potential for excessive noise fromthis business is a concern ofneighbors. The operator shall take care to keep doors closed to prevent nuisance noise from affecting residential neighbors. The city council shall review this during its periodic reviews of this permit. The city shall notify the operator of complaints for corrections should there be noise problems. Seconded by Councilmember Rossbach Ayes-Councilmembers Juenemann, Koppen, Monahan-Junek and Rossbach Abstain-Mayor Cardinal Councilmember Koppen moved to adopt the following resolution approving a variance to locate a building that would be used for automotive repair, 220 feet from an abutting residential property 350-FOOT SETBACK REDUCTION VARIANCE RESOLUTION 04-04-069 WHEREAS, Carol and Pat McFarlane applied for a variance from the zoning ordinance. WHEREAS, this variance applies to the property north of Gulden's Roadhouse, 2999 Maplewood Drive. The legal description is: That part of the north 409.50 feet of the east 500.00 feet of the South Half of the Northeast Quarter of Section 4, Township 29, Range 22, Ramsey County, Minnesota, lying northerly of a line drawn from a point on the east line of said Northeast Quarter of Section 4 distant 235.77 feet south of the northeast corner of said South Half of the Northeast Quarter of Section 4 to a point on the west line of said east 500.00 feet of the South Half ofthe Northeast Quarter of Section 4 distant 115.53 feet south ofthe northwest comer of said east 500.00 feet of the South Half of the Northeast Quarter of Section 4. WHEREAS, Section 44-512(8)( c) ofthe Maplewood Code of Ordinances requires that all parts of a motor-vehicle repair facility be at least 350 feet from a residential district. WHEREAS, the applicants are proposingto build their building 220 feet from aresidential district. City Counci104-12-04 10 WHEREAS, this requires a variance of 130 feet. WHEREAS, the history of this variance is as follows: 1. On March 15, 2004, the Planning Commission recommended thatthe City Council approve this variance. 2. The City Council held a public hearing on April 12, 2004. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing an opportunity to speak and present written statements. The 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 variance for the following reasons: 1. Strict enforcement would cause undue hardship to the applicant because the site is not large enough to accommodate the proposed building without approval of a variance. 2. The variance would be in keeping with the spirit and intent of the ordinance since the grade slopes downward from the existing home sites to the west, which helps to obscure some of the mass of the proposed building. 3. The owner of the adj acent property to the west, the most affected neighboring owner, is in favor of the proposed building placement. Approval of this variance is conditioned upon the applicant submitting arevised landscape plan for staff approval providing for screening on the west side ofthe proposed parking lot. This screening shall comply with city code that requires a visual screen that is at least six feet tall and 80 percent opaque upon installation. This landscape plan shall also include a turf establishment plan for this area. Seconded by Councilmember Rossbach Ayes-Councilmembers Juenemann, Koppen, Monahan-Junek and Rossbach Abstain-Mayor Cardinal Councilmember Koppen moved to adopt the following resolution approving a variance from the 15-foot front parking lot setback requirement: PARKING-SETBACK VARIANCE RESOLUTION 04-04-070 WHEREAS, Carol and Pat McFarlane appliedfor avariance fromthe zoning ordinance. WHEREAS, this variance applies to the property north of Gulden's Roadhouse, 2999 Maplewood Drive. The legal description is: That part of the north 409.50 feet of the east 500.00 feet of the South Half of the City Counci104-12-04 11 Northeast Quarter of Section 4, Township 29, Range 22, Ramsey County, Minnesota, lying northerly of a line drawn from a point on the east line of said Northeast Quarter of Section 4 distant 235.77 feet south of the northeast corner of said South Half of the Northeast Quarter of Section 4 to a point on the west line of said east 500.00 feet of the South Half of the Northeast Quarter of Section 4 distant 115.53 feet south ofthe northwest corner of said east 500.00 feet of the South Half of the Northeast Quarter of Section 4. WHEREAS, Section 44-20(c)(5)(a) of the Maplewood Code of Ordinances requires that all parking lots shall be 15 feet from a street right-of--way. WHEREAS, the applicants are proposing to build their front parking lot five feet from their front lot line. WHEREAS, this requires a variance of 10 feet. WHEREAS, the history of this variance is as follows: 1. On March 15, 2004, the Planning Commission recommended that the City Council approve this variance. 2. The City Council held a public hearing on April 12, 2004. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing an opportunity to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED thatthe City Council approve the above-described variance for the following reasons: 1. Strict enforcement would cause undue hardship to the applicants because it would cause them to set the parking lot further back needlessly, with no benefit. 2. The variance would be in keeping with the spirit and intent of the ordinance since there would be 95 feet of setback from the highway edge, which is approximately 40 feet more than the typical parking lot setback in this situation. Seconded by Councilmember Rossbach Ayes-Councilmembers Juenemann, Koppen, Monahan-Junek and Rossbach Abstain-Mayor Cardinal Councilmember Koppen moved to approve a lot division to split the proposed Venburg Tire site form the Gulden's Roadhouse nronertv. at 2999 Maplewood Drive. Before the city sims the deeds creating the new lots, the owners of Venburg Tire shall do the following: 1. Agree in writing to provide a new rear parking lot for Gulden's Roadhouse to replace lost parking due to the creation ofthe Venburg Tire site. The construction ofthis parking lotwill be coordinated with the construction of the Venburg Tire site. 2. Agree in writing to a reciprocal parking arrangement with the owners of Gulden's to accommodate at least 11 parking spaces on the Venburg Tire site for use by Gulden's City Counci104-12-04 12 patrons after Venburg Tire is closed. 3. Agree to a maintenance agreement with the owners of Gulden's and the city for the maintenance of the shared private roadway. 4. Dedicate the excess property in the northeast corner of the Venburg Tire site to the City of Maplewood for right-of-way. The city engineer shall determine the exact configuration of this additional right-of--way. This is denoted as Remnant Parcel 2 in the staff report. 5. The triangular-shaped remnant property located south southeast of the intersection of proposed County Road D and the proposed private roadway shall be adjoined with the Venburg Tire site. This is denoted as Remnant Parcel 1 in the staff report. 6. Provide drainage and utility easements as recommended by the assistant city engineer in his memo dated March 8, 2004. Since the exact locations of these easements may need to be determined after the stamping of deeds to split the lot, these easements must be dedicated prior to the applicants obtaining a building permit. 7. The deeds creating the Venburg Tire site must be recorded before the city shall issue a building permit. Seconded by Councilmember Juenemann Ayes-Councilmembers Juenemann, Koppen, Monahan-Junek and Rossbach Abstain-Mayor Cardinal Councilmember Koppen moved to adopt the following resolution vacating unneeded roadway easement on the northerly 33 feet and the southerly 16.5 feet of the existing Gulden's Roadhouse property ROADWAY EASEMENT VACATION RESOLUTION 04-04-071 WHEREAS, the City of Maplewood Staff initiated the vacation of the following described roadway easements: The North 409.5 feet of the East 500 feet of the South one half of the Northeast quarter of Section 4, Township 29, Range 22, subject to easements over the North 33 feet and the South 16.5 feet for roadway purposes, and subject to State Trunk Highway 61, according to the Government Survey. WHEREAS, the history of this vacation is as follows: 1. On March 15, 2004, the planning commission recommended that the city council approve this vacation. 2. On April 12, 2004, the city council held apublic hearing. City staffpublished anotice inthe Maplewood Review and sent notices to the abutting property owners. The council gave City Counci104-12-04 13 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: That part of the north 409.50 feet of the east 500.00 feet of the South Half of the Northeast Quarter of Section 4, Township 29, Range 22, Ramsey County, Minnesota, lying southerly of a line drawn from apoint ofthe east line of said Northeast Quarter of Section 4 distant 235.77 feet south of the northeast corner of said South Half of the Northeast Quarter of Section 4 to a point on the west line of said east 500.00 feet of the South Half of the Northeast Quarter of Section 4 distant 115.53 feet south ofthe northwest corner of said east 500.00 feet of the South Half of the Northeast Quarter of Section 4. NOW, THEREFORE, BE IT RESOLVED thatthe city council approved the above described vacation for the following reasons: L It is in the public interest since there is no need to use these easements for roadway purposes. 2. The city council vacated a portion of Lydia Street, which aligns with the 33-foot-wide easement, in 2001. 3. The southerly 16.5-foot roadway easement is not needed. The owners of Gulden's Roadhouse have access to their entire site without the need of this easement. Seconded by Councilmember Juenemann Ayes-Councilmembers Juenemann, Koppen, Monahan-Junek and Rossbach Abstain-Mayor Cardinal Councilmember Koppen moved to adopt the following resolution approving a setback variance for a freestanding sign for Venbur~ Tire to place their sign on the excess highway right-of-wad SIGN-SETBACK VARIANCE RESOLUTION 04-04-072 WHEREAS, Carol and Pat McFarlane applied for a variance from the sign ordinance. WHEREAS, this variance applies to the property north of Gulden's Roadhouse, 2999 Maplewood Drive. The legal description is: That part of the north 409.50 feet of the east 500.00 feet of the South Half of the Northeast Quarter of Section 4, Township 29, Range 22, Ramsey County, Minnesota, lying northerly of a line drawn from a point on the east line of said Northeast Quarter of Section 4 distant 235.77 feet south of the northeast corner of said South Half of the Northeast Quarter of Section 4 to a point on the west line of said east 500.00 feet of the South Half of the Northeast Quarter of Section 4 distant 115.53 feet south ofthe northwest corner of said east 500.00 feet of the South Half of the Northeast Quarter of Section 4. City Counci104-12-04 14 WHEREAS, Section 44-802(a) and (c) of the Maplewood Code of Ordinances requires that all freestanding signs shall be at least 10 feet from any lot line. Also that all signs shall not project over public property, except where specifically allowed by the code. WHEREAS, the applicants are proposingto install their freestanding sign on apiece of excess highway right-of--way. WHEREAS, the history of this variance is as follows: 1. On March 23, 2004, the Community Design Review Board recommended that the City Council approve this variance. 2. The City Council held a public hearing on April 12, 2004. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing an opportunity to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED thatthe City Council approve the above-described variance for the following reasons: 1. The proposed sign placement would meet the spirit and intent of the code since the sign would comply with the required 10-foot minimum setback from the actual right-of--way. 2. Compliance with code would cause the applicant undue hardship since the 30 feet of excess right-of--way would require the applicant to place their sign further backthan would otherwise be allowed. Approval is subject to the applicant meeting aten-foot minimum setback from the actual highway right-of--way. Seconded by Councilmember Monahan-Junek Ayes-Councilmembers Juenemann, Koppen, Monahan-Junek and Rossbach Abstain-Mayor Cardinal Councilmember Koppen moved to reconsider the site plan revision (page 13D). Seconded by Councilmember Juenemann Ayes-All Councilmember Rossbach moved to adopt the site plan date stamped February 3, 2004, the civil drawing date stamped March 1, 2004, the photometric plan date stamped March 1, 2004 and the revised elevations date stamped March 9, 2004 for Venburg Tire. Approval is subject to the applicants complying with the following conditions: 1. Repeat this review in two years if the city has not issued a building permit for this project. City Counci104-12-04 15 2. Before getting a building permit, the applicants must comply with all the requirements of the assistant city engineer's memo dated March 8, 2004. 3. Before getting a building permit, the applicants must submit a revised landscaping plan addressing the following: a. A planted screen on the west side ofthe site to provide screeningthat is at least six feet tall and 80 percent opaque upon planting according to code. b. Adding plantings on the highway side of the site. c. Providing additional plantings along the south elevation of the building. d. Increasing the number of trees on the south side of County Road D. e. All sodded areas must have an in-ground lawn irrigation system. 4. Before getting a building permit, the applicants shall provide revised plans with the following changes: a. The addition of a sidewalk to connect the proposed sidewalk on the south side of County Road D to the Venburg Tire parking lot. b. Elimination of the open used-tire storage. There shall not be any open exterior storage on the site. c. Wall-pack lighting details to verify that the fixture type will not cause excessive glare to the westerly neighbor. d. The plan ofthe south elevation of the building is approved as presentedto the city council at the meeting with the exception thatthe design detail of the wavey band shall be excluded. Revised building elevations that provide for the screening of roof-top mechanical equipment as required by code. Before getting a building permit, the applicants shall record the deeds with Ramsey County forthe creation ofthis site. This recording also shall include the dedication of right-of--way to the city and the combination ofthe remnant property with the Venburg Tire site in the northwest corner of the property. City Counci104-12-04 16 Before getting a building permit the owner of Gulden's shall properly abandon the well on the Venburg Tire site according to state health requirements. 7. Before getting a building permit the applicants shall apply for all required permits from the Minnesota Department of Transportation and the Ramsey/W ashington Metro Watershed District. Comply with all requirements ofthe Maplewood Building Official and Fire Marshal. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The applicants submit an irrevocable letter of credit or cash escrow to cover the cost of any unfinished required exterior improvements. The applicants shall complete any unfinished landscaping by June 1 if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. 10. All work shall follow the approved plans and these conditions. The director of community development may approve minor changes. Seconded by Councilmember Koppen Ayes-Councilmembers Juenemann, Koppen, Monahan-Junek and Rossbach Abstain-Mayor Cardinal Councilmember Koppen moved to approve the proposed conceptual changes to the Gulden's Roadhouse site or a new rear parking lot, site lighting and landscaping. This approval also includes a parking waiver to have 11 fewer parking spaces than code requires since Venburg Tire will provide use of their parking lot for overflow parking. Approval ofthe conceptual changes is subjectto the owners of Gulden's doing the following before the city will issue a grading and paving permit for the new parking lot: 1. Submit a revised landscape plan for staff approval providing for screening on the west side ofthe proposed parking lot. This screening shall comply with city code that requires avisual screen that is at least six feet tall and 80 percent opaque upon installation. This landscape plan shall also include a turf establishment plan for this area. 2. Submit a detailed grading and drainage plan. City Counci104-12-04 17 Submit a revised site plan showing compliance with the required 20-foot minimum parking lot setbackfrom the west lot line. The proposed parking lot shall have continuous concrete curb and gutter. 4. Seal the well on the proposed Venburg Tire site accordingto State of Minnesota Department of Health well-abandonment requirements. Provide the city with documentation that Venburg Tire has approved ashared-parking agreement to allow Gulden's use of their parking lot. Seconded by Councilmember Monahan-Junek Ayes-All 4. 8:43 P.M. Legacy Parkway, Project 03-26 -Public Hearing (Repeat Hearing from March 22, 2004), Resolution Ordering Improvement after Public Hearing a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: None Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the resolution authorizing the preparation of plans and specifications and acquisition of right of way for the Legacy Parkway Improvements and approved a modification to the existing project budget with an increase of $1,115,000. Seconded by Councilmember Juenemann Ayes-All I. AWARD OF BIDS 1. Carlton Street, Project 03-22 -Resolution Receiving Bids and Awarding Construction Contract a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Monahan-Junek moved to adopt the following resolution accepting the bids and awarding a construction contract to Park construction in the amount of $716, 526.26: RESOLUTION 04-04-073 RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT WHEREAS, pursuant to resolution passed by the city council on February 23, 2004, City Counci104-12-04 18 plans and specifications for the Carlton Street Improvements, have been approved, and WHEREAS, pursuant to resolution passed by the city council on February 23, 2004, bids were received and publicly opened and read aloud on March 26, 2004 as follows: 1. Park Construction $716,526.26 2. Arnt Construction Inc. $733,445.66 3. Eureka Construction Inc. $738,731.00 4. F.M. Frattalone $744,177.60 5. T.A. Schifsky and Sons $755,794.25 6. Harddrives $770,940.05 7. Tower Asphalt $805,649.35 8. Danner Inc. $813,350.00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Said bids as opened on March 26, 2004 are hereby received and acknowledged. 2. A construction contract in the amount of $716,526.26 is hereby awarded to the lowest responsible bidder, Park Construction and the mayor and city manager are hereby authorized to execute said construction contract. 3. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan. Seconded by Councilmember Juenemann Ayes-All 2. Venburg/Guldens Frontage Road, Project 04-04 (02-08) -Resolution Receiving Bids and Awarding Construction Contract 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 accepting the bids and awarding a construction contract for the Venbure/Gulden's Grading Utilities and Paving. Cit,~ Project 02-08 (04-04), to Imperial Developers. Inc. in the amount of $326.369.34 which includes the base bid and Bid Alternate No. 1: RESOLUTION 04-04-074 RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT WHEREAS, pursuant to resolution passed by the city council on February 23, 2004, plans and specifications for the Venburg/Guldens Frontage Road Improvements, City Project 02- 07 (04-04), have been approved, and WHEREAS, pursuant to resolution passed by the city council on February 23, 2004, bids City Counci104-12-04 19 were received and publicly opened and read aloud on Apri16, 2004 as follows Bidder Base Bid Alt #1 Base + Alt #1 1. Imperial Developers, Inc. $369,942.84 ($43,753.50) $326,369.34 2. Eureka Construction Inc. $384,359.39 ($28,172.00) $356,187.39 3. F.M. Frattalone Excavating $390,286.71 ($34,907.30) $355,379.41 4. North Pine Aggregate $393,189.96 ($38,089.90) $355,100.06 5. Three Rivers Construction $426,078.95 ($8,552.07) $417,526.88 6. T.A. Schifsky and Sons $467,311.65 ($36,550.50) $430,781.15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Said bids as opened on April 6, 2004 are hereby received and acknowledged. 2. A construction contract in the amount of $326,369.34 is hereby awarded to the lowest responsible bidder, Imperial Developers, Inc. and the mayor and city manager are hereby authorized to execute said construction contract. 3. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan. Seconded by Councilmember Koppen Ayes-All 3. Nature Center Exhibits a. City Manager Fursman presented the staff report. b. Parks and Recreation Director Anderson presented specifics from the report. Councilmember Juenemann moved to Award Blue Rhino the bid to update the nature center exhibits not to exceed $74,550. Seconded by Councilmember Monahan-Junek Ayes-All J. UNFINISHED BUSINESS 1. Conditional Use Permit Review -Commercial Vehicle Storage (Launderville - 2194 Van Dyke Street) a. City Manager Fursman presented the staff report. b. Assistant City Manager Coleman presented specifics from the report. c. Ron Launderville, 2194 Van Dyke Street, the applicant was present for questions. Mayor Cardinal moved to approve the conditional use permit for Launderville Towing with review by the city council again in one , Seconded by Councilmember Rossbach Ayes-All City Counci104-12-04 20 K. NEW BUSINESS 1. Ron Cockriel Presentation a. City Manager Fursman presented the staff report. b. Assistant City Manager Coleman presented specifics from the report. c. Ron Cockriel, 943 Century Avenue presented his ideas and concerns for the proposed 622 Bus garage project and concerns about MnDOT using property for road kill disposal. d. The following persons were heard: Sister Annette Esbohlt from the St. Paul Monastery Ron Cockriel, second appearance A five-minute break was taken. 2. City Campus Environmental Land Use Feasibility Plan a. City Manager Fursman presented the staff report. b. Environmental Health Officer Konewko Planner Finwall presented specifics from the report. Councilmember Juenemann moved approve the hiring of a consultant to do a feasibility study for the improvement of the City Hall Campus. Seconded by Councilmember Monahan-Junek Ayes-Councilmembers Juenemann, Koppen, Monahan-Junek and Rossbach Nay-Mayor Cardinal 3. Tax-Exempt Refinancing Agreement Amendment Request -Carefree Cottages of Maplewood III (1801 Gervais Avenue) a. City Manager Fursman presented the staff report. b. Assistant City Manager Coleman presented specifics from the report. Councilmember Koppen moved to approve supplemental indenture of trust and the following resolution approving an amendment to the Tax-Exempt financing agreement for the Carefree Cottage of Maplewood III at 1801 Gervais Avenue: Seconded by Councilmember Rossbach Ayes-All 4. Legacy Parkway Improvements, Hazelwood to Kennard, Project 03-26 -Resolutions for: a. Approving Plans and Advertising for Bids b. Ordering Preparation of Assessment Roll City Counci104-12-04 21 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 Legacy Parkway Improvement, Project 03-26: RESOLUTION 04-04-075 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on April 12, 2004, plans and specifications for Legacy Parkway Improvements, (Hazelwood St. to Southlawn Dr.), Project 03-26, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the city council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, acopy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 2:OO.m. on the 18~' day of May, 2004, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of May 24, 2004. RESOLUTION 04-04-076 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Legacy Parkway Improvements, (Hazelwood St. to Southlawn Dr.), City Project 03-26. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk and city engineer shall, upon completion of such proposed assessment notify the council thereof. City Counci104-12-04 22 Seconded by Councilmember Juenemann Ayes-All 5. County Road D Realignment, T.H. 61 to Southlawn, Project 02-07 -Resolutions for: a. Approving Plans and Advertising for Bids b. Ordering Preparation of Assessment Roll a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Koppen moved to adopt the following resolutions for the County Road D Realignment East. Cit,~ Project 02-07: RESOLUTION 04-04-077 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on September 8, 2004, plans and specifications for County Road D Realignment East, (T. H. 61 to Southlawn), City Project 02-07, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the city council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, acopy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00.m. on the 18~' day of May, 2004, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of May 24, 2004. RESOLUTION 04-04-078 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the County Road D Realignment East, (T.H. 61 to Southlawn), City Project 02-07. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of City Counci104-12-04 23 such proposed assessment in the city office for inspection. FURTHER, the clerk and city engineer shall, upon completion of such proposed assessment notify the council thereof. Seconded by Councilmember Rossbach Ayes-All 6. County Road D Realignment, TH 61 to Highridge Court, Project 02-08 -Resolution Approving Memorandum of Agreement and Authorizing Execution of Quit Claim Deed Relinquishing City of Maplewood Interest in Tract of Land Along TH 61, South of County Road D a. City Manager Fursman presented the staff report. b. City Engineer Ahl and City Attorney Kelly presented specifics from the report. Councilmember Monahan-Junek moved to adopt the following resolutions approving the Memorandum Agreement with Trout Land. LLC, and approving authorization to execute the Quit Claim Deed for the Old Trunk Highway 61 property, south of County Road D: RESOLUTION 04-04-079 APPROVING MEMORANDUM OF AGREEMENT WITH TROUT LAND, LLC AND AUTHORIZING EXECUTION OF QUIT CLAIM DEED RELINQUISHING CITY OF MAPLEWOOD INTEREST IN TRACT OF LAND ALONG WEST SIDE OF TH 61, SOUTH OF COUNTY ROAD D WHEREAS, pursuant to resolution of the council adopted February 9, 2004, the City Council ordered the construction of the County Road D Realignment Improvements (West of TH 61 to Highridge Court), City Project 02-08, and authorized the acquisition of the necessary right of way for the making of said improvement, and WHEREAS, the City Attorney and City Engineer have prepared an agreement, called Exchange Agreement, with Trout Land, LLC for the exchange of property for the purpose of the necessary right of way for a portion of said improvement, and WHEREAS, the City Attorney has prepared a Memorandum of Agreement with Trout Land, LLC that relinquishes the City's interests in the property defined within the Memorandum of Agreement as Old Trunk Highway 61 easement area, and WHEREAS, the City Attorney recommends approval of the Memorandum of Agreement and execution of a Quit Claim Deed demonstrating the City's relinquishing all interests in said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. Said Memorandum of Agreement is hereby adopted and approved. The Mayor and City Manager are authorized to execute the agreement signifying the City of Maplewood's approval. 2. Said Quit Claim Deed is hereby approved for signature and the Mayor and City Manager are authorized to execute the agreement signifying the City of Maplewood's approval. City Counci104-12-04 24 Seconded by Councilmember Koppen Ayes-All Approval of New and Upgraded Warning Sirens a. City Manager Fursman presented the staff report. b. Fire Chief Lukin presented specifics from the report. Councilmember Juenemann moved to approve the purchase of new and upgraded warning sirens from Federal Siren in the amount of $37,109.50 and the electrical work to be done by RT Electric in the amount of $27.510.00 Seconded by Councilmember Monahan-Junek Ayes-All 8. Council Contact Appointments a. City Manager Fursman presented the staff report. b. Assistant City Manager Coleman presented specifics from the report. Mayor Cardinal moved to approve the following council contact appointments, which will serve a term beginning immediately and expiring on 12/31/05: Planning Commission: Councilmember Rossbach Community Design Review Board: Councilmember Rossbach Housing Redevelopment Authority: Councilmember Monahan-Junek Police Civil Service Commission: Mayor Cardinal Parks Commission: Councilmember Monahan-Junek Human Relations Commission: Councilmember Juenemann Historic Preservation Commission: Councilmember Koppen Environmental Committee: Councilmember Juenemann Seconded by Councilmember Koppen Ayes-All L. VISITOR PRESENTATIONS 1. Diana Longrie-Kline commented on several issues including: the mayor's column in the City News, televising the council/manager's workshop, the amended Advisory Board Policy and her feelings on the possible sites for the new suburban court facility. M. COUNCIL PRESENTATIONS 1. City Ordinances-Mayor Cardinal reviewed compliance procedures and enforcement of code violations. 2. MET Council-Mayor Cardinal noted the MET Council has appointed a new task force to revisit the natural resources inventory, which Mayor Cardinal holds a seat. 3. Council/Manager Workshops-Councilmember Monahan-Junek invited the public to attend the counciUmanager workshops, as they are open to the public. City Counci104-12-04 25 10:58 p.m.: Councilmember Juenemann moved to extend the meeting to complete the agenda. Seconded by CounciGnember Monahan-Junek Ayes-All A discussion was held on the pros and cons of televising the workshops. 4. Recycling Event-Assistant City Manager Coleman noted that the spring clean-up date is April 24 from 7:00 a.m. to 2:00 p.m. at Aldrich Arena. 5. Focus Group-Councilmember Rossbach announced that the first meeting of the South Leg of Maplewood Focus Group will be held April 22, at 7:00 p.m. at Fire station #4 (the intersection of Sterling Street and London Lane). There are currently 18 residents who will be attending and four councilmembers. 6. Wetland Monitoring-Councilmember Rossbach commented that the Watershed District is monitoring the wetland just south of the Linwood Development and questioned why the city may not feel as though that monitoring is adequate. 7. Noodles Project-Councilmember Juenemann provided afollow-up on the Noodles Restaurant/Maplewood Nature Center project. N. ADMINISTRATIVE PRESENTATIONS 1. Workshop Calendar a. City Manager Fursman presented the staff report. O. ADJOURNMENT Mayor Cardinal moved to adjourn the meeting at 11:15 p.m. Seconded by Councilmember Juenemann Ayes -All City Counci104-12-04 26