HomeMy WebLinkAbout11-28-2005
MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, November 28, 2005
Council Chambers, City Hall
Meeting No. 05-26
A. CALL TO ORDER:
A meeting of the City Council was held in the Council Chambers, at the City Hall, and was called to
order at 7:00 P.M. by Mayor Cardinal.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
Robert Cardinal, Mayor
David Bartol, Councilmember
Kathleen Juenemann, Councilmember
Marvin Koppen, Councilmember
Will Rossbach, Councilmember
Present
Present
Present
Present
Present
D. APPROVAL OF MINUTES
1. Minutes from the City Council/Manager Workshop-November 14, 2005
Councilmember Juenemann moved to approve the minutes from the November 14. 2005 City
Council/Manaqer Workshop as presented.
Seconded by Councilmember Koppen
Ayes-All
2. Minutes from the City Council Meeting-November 14, 2005
Councilmember Juenemann moved to approve the minutes from the November 14. 2005 Citv Council
Meetinq as presented.
Seconded by Councilmember Koppen
Ayes-All
3. Special City Council Meeting-November 17, 2005
Councilmember Juenemann moved to approve the minutes from the November 17. 2005 Special Citv
Council meetinq as presented.
Seconded by Councilmember Rossbach
Ayes-Mayor Cardinal,
Councilmembers Bartol, Juenemann and
Rossbach
Abstain-Councilmember Koppen
E. APPROVAL OF AGENDA
M1. Food Shelf Program
Councilmember Rossbach moved to approve the aqenda as amended.
Seconded by Councilmember Juenemann
Ayes-All
City Council 11-28-05
F. APPOINTMENTS/PRESENTATIONS
None
G. CONSENT AGENDA
1. Approval of Claims
ACCOUNTS PAYABLE:
$ 5,254.78 Manual Checks # 68445 thru # 68447
dated 11104/05 thru 11108/05
$ 2,140.63 EFT # 68448
dated 11115/05
$ 1,501,654.91 Checks # 68449 thru # 68525
dated 11115/05
$ 260,616.44 Disbursements via debits to checking account
dated 11104/05 thru 11109/05
$ 650.00 Manual Checks # 68526
dated 11116/05
$ 158,493.96 Checks # 68527 thru # 68581
dated 11122/05
$ 3,793,194.45 Disbursements via debits to checking account
dated lillO/OS thru 11117/05
$ 5,722,005.17 Total Accounts Payable
PAYROLL
Payroll Checks and Direct Deposits dated
$ 478,336.89 11118/05
Payroll Deduction check # 103340 thru # 103343
$ 2,449.75
dated 11118/05
$ 480,786.64 Total Payroll
$ 6,202,791.81 GRAND TOTAL
City Council 11-28-05
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2. Increase in Community Development Department Service Charges
Approved the following increase in the following Community Development Department fees
effective January 1, 2006, and approved the first reading of the following ordinance to
increase planning fees:
COMMUNITY DEVELOPMENT DEPARTMENT
Service Charges
Estimated
Fee Annual 2004 2005 2006
Volume Fee Fee Fee
PLANNING FEES (Set by Ordinance)
Zone Change * 8 788 952 1,128
Conditional Use Permit:
R1 and R2 * 1 236 487 742
Other * 11 838 989 1,153
Conditional Use Permit Revision:
R1 and R2 * 6 47 338 630
Other * 8 168 479 793
Variances:
R1 and R2 * 6 154 391 630
Other * 6 862 947 1,046
Front Yard Setback * 1 154 225 298
Vacations:
R1 and R2 * 10 148 150 153
Other * 2 576 583 595
Lot Divisions (Fee per lot created):
R1 and R2 11 82 83 85
Other 1 307 311 317
Home Occupations
Initial Permit 6 168 401 637
Annual Renewal 6 55 56 57
Sign Erection Permit (per inspection) 100 24 24 24
Temporary Sign Permit 30 24 28 32
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Wall Sign Permit 50 24 40 56
Free Standing Signs 13 24 53 82
Comprehensive Plan Amendment * 8 1,148 1,247 1,364
Code Amendment 1 862 873 890
Planned Unit Development * 8 1,270 1,531 1,812
Preliminary Plat 8 1,420 1,518 1,636
Preliminary Plat Revision or Time 9 224 227 232
Extension
Final Plat 5 386 391 399
Time Extensions/Renewals 9 141 143 146
LICENSES DUE JANUARY 1st
Commercial Fertilizer Application 114 115 117
License
MISCELLANEOUS SERVICE CHARGES
Woodlot Alteration Permit 1 14 14 14
Building Relocation 5 823 834 851
Moving Permit 3 53 54 55
Community Design Review Board:
R1 & R2 8 190 456 725
15 Day Design Review 1 154 216 280
Revision 3 0 190 194
Other 16 693 702 716
Mobile Home Permit 1 41 42 43
On-Site Sewage Systems 6 67 68 69
Truth-In-Housing Filing Fee 100 31 31 32
Truth-In-Housing Evaluators License 29 106 107 109
Zoning Compliance Letter 24 24 24
Project Notification Sign 12 100 101 103
Front Yard Setback Authorization 0 154 157
Minor Construction Project 0 154 157
PUBLICATIONS (Includes Sales Tax):
Zoning Code 6 6 6
Platting Code 3 3 3
City Council 11-28-05
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Sign Code 3 3 3
Comprehensive Plan 15 15 15
Zoning Map 11 11 11
City Map 3 3 3
Section Map 3 3 3
Planning Commission or Community
Design Review Board:
Minutes - Per Year 15 15 15
Agenda Packet - Per Year 114 115 117
Property Owner List 66 67 68
Ordinance No. 848
PLANNING FEES
Section 1. Section 36 - 26 of the Zoning Code of the City of Maplewood is hereby amended as follaws:
Section 36 - 26. Fees. The following nonrefundable application fees shall be required:
Zone Change
1,128
Conditional Use Permit:
R1 & R2
742
Other
1,153
Conditional Use Permit Revision:
R1 & R2
630
Other
793
Variances:
R1 & R2
630
Other
Front Yard Setback
1,046
298
Vacations:
R1 & R2
153
Other
595
Lot Divisions (Fee per lot created):
R1 & R2
85
Other
317
Home Occupation Permit (initial permit)
Initial permit 637
Annual permit 57
Comprehensive Plan Amendment 1,364
City Council 11-28-05 5
Code Amendment
890
Planned Unit Development
1,812
1,636
232
Preliminary Plat
Preliminary Plat Revision or Time Extension
Final Plat
399
Time Extensions/Renewals
146
Section 2. Section 36 - 258 of the sign code is amended as follows:
Section 36 - 258. Fees.
(1) The sign erection permit fee shall be
$24 (per inspection)
Section 3. This ordinance shall be effective on January 1, 2006
3. Conditional Use Permit Review - Jiffy Lube (3071 White Bear Avenue)
Approved to review the conditional use permit for the Jiffy Lube automobile maintenance
garage at 3071 White Bear Avenue (near Maplewood Mall) again in one year or sooner
if a problem arises or if the owner proposes a significant change to the site.
4. Conditional Use Permit Termination - Sandy Lake Soccer Center (County Road B, west
of 1-35E)
Adopted the following resolution terminating the conditional use permit for the Sandy
Lake Soccer Fields due to the City of St. Paul Parks and Recreation Department no
longer planning to build on this facility:
CONDITIONAL USE PERMIT
TERMINATION RESOLUTION 05-11-172
WHEREAS, the City of St. Paul received approval from the Maplewood City Council on March 10,
2003, for a conditional use permit allowing them to construct the Sandy Lake Soccer Complex.
WHEREAS, The City of St. Paul subsequently notified the City of Maplewood in July, 2005 that
they no longer plan to build this soccer facility and have no need for this conditional use permit.
WHEREAS, this permit applies to the property located on the south side of County Road BEast,
west of Interstate 35E. The legal description is:
Parcel #18-29-22-12-0010: South 140" of North 270' of E 442', 68/100'. North 130' of SW Y. of
NE Y. subject to County Road B part of NW Y. of NE Y. S.E.LY of 160' WW R/W in SECTION 18,
TOWN 29, RANGE 22.
Parcel #18-29-22-24-0024: Subject to Avenue; except South 15' of East 320' of West 1790' of
NW Y. ex. Part in James 1" Addition part of said NW y., S.E.LY of WW R/W in SECTION 18,
TOWN 29, RANGE 22.
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Parcel #18-29-22-24-0001: SECTION 18, TOWN 29, RANGE 22. 100' WW R/W across N 2/3
of SW y., 165' WW R/W across S Y. of NW y., 160' WW R/W across N % of E Y:! of NW Y. of
SECTION 18, TOWN 29, RANGE 22.
Parcel #18-29-22-12-0009: SECTION 18, TOWN 29, RANGE 22. 160' WW R/W across NW Y.
of NE Y. of SECTION 18, TOWN 29, RANGE 22.
WHEREAS, the history of this conditional use permit termination is as follows:
1. On November 28, 2005, the city council terminated this conditional use permit since the
applicant, the City of St. Paul Parks and Recreation Department, no longer has plans to build this
soccer facility.
NOW, THEREFORE, BE IT RESOLVED that the city council terminate the above-described
conditional use permit because the City of St. Paul no longer has plans to construct this soccer
facility.
5. 2006 Landfall Policing Contract
Approved the following policing contract between the City of Maplewood and City of
Landfall:
AGREEMENT TO PROVIDE POLICE SERVICE
This Agreement made and entered into this _ day of , 20_, by and between the City of
Maplewood, a Minnesota Municipal corporation, hereinafter referred to as "Maplewood" and the City of
Landfall Village, a Minnesota Municipal corporation, hereinafter referred to as "Landfall".
I. PURPOSE
The purpose of this Agreement is to provide the basis upon which Maplewood will provide police service for
Landfall. Maplewood hereby agrees to provide police service for Landfall, and Landfall hereby engages
Maplewood to provide such service in accordance with and subject to the terms of this Agreement.
II. LEGAL BASIS
This Agreement is made pursuant to Minnesota Statutes 3471.59, Subd. 12. This Agreement is not made
pursuant to Minnesota Statutes, Section 436.06, and should not be construed as creating a joint municipal
police department.
III. ADMINISTRATION
The administration of police service within the territory of Landfall under this Agreement shall be the sole
responsibility of the appropriate officials of Maplewood, and Landfall shall have no administrative authority
over the providing of police service by Maplewood. To facilitate this Agreement, however, and in order to
provide for an average of consultation and communication between Landfall and Maplewood, on matters
relating to police service, it is agreed that the Mayor of Landfall, or a member of the Landfall City Council
designated by the Mayor, shall confer with the Maplewood City Manager or designee at least once every
three months, and more frequently if necessary, on any matter relating to police service being provided in
Landfall by Maplewood. Maplewood agrees that its City Manager or designee shall participate in such
discussions with the objective of providing for the satisfactory administration of this contract and for the
satisfactory performance of police service for Landfall. Inquiries concerning police service in Landfall,
made by its Mayor or the Mayor's designate, shall be responded to by the Maplewood City Manager or
designee.
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IV. LEVEL OF SERVICE
During the time that this contract is in effect, Maplewood will provide police service within Landfall which
shall be the same service as that which is provided and extended to persons and property within
Maplewood, including Animal Control Services. Landfall shall be assigned to a police patrol district in the
same manner as though it were a part of Maplewood and no distinction shall be made between the territory
of Maplewood and the territory of Landfall, in any respect, in the level, time or other mode of delivery of
police services in Landfall. This does not include paramedic service.
V. HEADQUARTERS AND EQUIPMENT
The headquarters of personnel of Maplewood providing police service in Landfall shall be in Maplewood,
and members of the general public having need to communicate with the Maplewood Police Department on
matters arising out of or involving persons or property in Landfall may communicate directly with
Maplewood police headquarters. Maplewood, under the terms of this Agreement, will provide all
communication devices, equipment, records, other materials and personnel necessary to the performance
of this contract, except to the extent that this contract specifically provides for the furnishing of any part
thereof by Landfall.
VI. PUBLIC INFORMATION
Both parties agree to take any or all steps necessary to inform the public of the fact that Maplewood is
providing police service for Landfall. Landfall shall advise the City of Maplewood of what information was
given to the public and citizens of Landfall concerning Maplewood's police service for Landfall.
VII. PERSONNEL, POLICIES AND FRINGE BENEFITS
All personnel used in providing police service to Landfall under this Agreement shall be and remain
employees of Maplewood. The personnel policies applicable to Maplewood Police Department employees
shall apply, and in all instances, retirement and fringe benefits shall be the responsibility of and subject to
determination from time to time by Maplewood.
The standards of performance, discipline of law enforcement officers, the method of providing law
enforcement services and other matters incidental to the performance of law enforcement services under
this Agreement, including personnel to be employed, shall be determined by the City of Maplewood.
VIII. DESIGNATION OF MAPLEWOOD POLICE OFFICERS
AS LANDFALL POLICE OFFICERS
All members of the Maplewood Police Department shall be designated by Landfall, by Council resolution,
as duly appointed police officers of Landfall, authorized to act on all law enforcement matters within the
limits of Landfall in the same manner and to the same extent as though they were employees of Landfall.
Maplewood shall provide Landfall, from time to time, with the names of the members of the Maplewood
Police Department, to permit such action to be taken by Landfall.
IX. CHARGES BY MAPLEWOOD FOR POLICE SERVICE
Maplewood shall charge and Landfall shall pay for police service provided for under this Agreement as
hereinafter provided.
Maplewood will provide police services to Landfall for the period January 1,2006, through December 31,
2006, for the sum of $1 09,944 (One-Hundred Nine Thousand Nine Hundred and Fourty-Four Dollars) the
first year.
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X. SUBSEQUENT CONTRACT CHARGES
Charges for 2006 police services shall be based upon the established rate for the sum of $109,944 as
provided in Section IX, and charges for police services for subsequent years shall be progressive, based
upon a cost of living increase based on the Minneapolis/St. Paul Consumer I ndex (or other consumer index
utilized by our finance department) being added to the amount paid in the previous year, and the product
shall be the amount payable during the ensuing calendar year to Maplewood by Landfall for services under
this Agreement. Such sum shall be paid in four (4) equal installments. The first installment shall be paid on
or before the 15th day of January 2006, and the
remaining payments shall be made on or before April 15, 2006; July 15, 2006; and October 15, 2006. For
subsequent years, payments shall be made on the 15th day of January and the remaining payments on or
before April 15, July 15 and October 15, in equal amounts.
In July of each year, Maplewood shall notify Landfall in writing of the calculated costs for police service for
the following calendar year.
XI. GRANT APPLICATIONS AND USES OF AWARDS
Maplewood may, from time to time, apply for and receive grants related to the provision of services to
Landfall as identified in this Agreement. Maplewood will provide services and equipment to Landfall
pursuant to the terms of each grant. When a grant may expire, Maplewood is no longer obligated to
continue to provide the grant-funded service or equipment within the contract charges specified in Articles
IX and X in this Agreement. Maplewood and Landfall may, however, discuss the desirability and proper
manner for continuation of services or equipment beyond the terms of the grant.
XII. TERM OF AGREEMENT
This Agreement shall be effective as of January 1,2006, and shall run through December 31,2006. This
Agreement shall automatically renew on January 1 of each subsequent year and shall run through
December 31 of each year until terminated under the terms of this Agreement.
This Agreement may be terminated upon one hundred eighty (180) days' written notice provided to the
other party's city manager or city clerk. In the event of such termination, payment shall be made to the City
of Maplewood on a pro-rata basis until services cease.
The failure of either party to this Agreement to perform its terms or obligations hereunder shall entitle the
other party to cancel this Agreement and to pursue any and all remedies available at law or equity based
upon such failures; provided, however, such cancellation or pursuit of remedy shall be available and
exercisable if and only if such failure shall not be cured prior to the expiration of twenty (20) days after such
other party has given written notice of such failure to the defaulting party. All written notices under this
paragraph shall be deemed, satisfactorily given when mailed,
certified or registered United States Mail, postage prepaid to the address indicated below:
to the City of Maplewood:
City of Maplewood
Attention City Manager Richard Fursman
1830 East County Road B
Maplewood, MN 55109
to the City of Landfall:
City of Landfall
Attention City Clerk Helen Hallis
11 Forest Heights
Landfall, MN 55128
City Council 11-28-05
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XIII. DISPUTE RESOLUTION
Dispute resolution/arbitration in the event of any differences, dispute or claim arising under and pursuant to
this Agreement or as to the performance thereof by the parties, the parties agree as follows:
a. Good faith negotiations. The party alleging such difference, dispute or claim shall provide specific
written notice of such difference, dispute or claim to the other party. The parties hereto agree that for a sixty
(60)-day period thereafter, the parties will engage in good faith negotiations at Maplewood City Hall to take
any further action in an attempt to resolve this dispute.
b. Arbitration. I n the event the parties fail to resolve their dispute following good-faith negotiations, the
difference, dispute or claim shall be submitted to an arbitrator from City Government mutually agreed on by
the parties. The location of the arbitration shall be at the City Hall, City of Maplewood. The decision of the
arbitrator shall be final and not subject to appeal.
XIV. ORDINANCES, CITY CODE BOOKS, STREET MAPS
Landfall shall provide Maplewood with a copy of all of the ordinances of Landfall and with a copy of each
amendment or new ordinance hereafter adopted by Landfall while this Agreement is in effect. Landfall shall
provide Maplewood with a copy of the Landfall streets layout and with an updated copy as changes are
made.
XV. PROSECUTIONS: FINES, COURT COSTS, OVERTIME, ETC.
Landfall shall remain responsible for the prosecution of all alleged crimes, ordinance violations or traffic
offenses arising within Landfall which are not provided for by the County Attorney, and shall be entitled to
receive its appropriate municipal share of fines collected for violations of law occurring within Landfall.
XVI. LIABILITY
Forthe purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. 466), the employees and officers
of Maplewood are deemed to be employees (as defined in Minn. Stat. 466.01, subdivision 6) of Landfall.
Landfall agrees to defend, indemnify and hold Maplewood harmless against any claims brought or actions
filed against Maplewood or any officer, employee, agent, or volunteer of Maplewood for injury to, death of,
or damage to the property of any third person or persons, arising from the performance and provision of
assistance in responding to a request for assistance by Landfall pursuant to this agreement. Under no
circumstances, however, shall a party be required to pay on behalf of itself and other parties, any amounts
in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to anyone
party. The limits of liability for some or all of the parties may not be added together to determine the
maximum amount of liability for any party.
Neither Maplewood nor any officer, employee, or volunteer of Maplewood shall be liable to Landfall or to
any other person for failure to furnish assistance, or for recalling assistance under this agreement.
XVII. MISCELLANEOUS
It is understood that this Agreement contains the entire Agreement between Maplewood and Landfall and
that no statements, promises or inducements made by any party hereto, or officer, agent or employee of
either party hereto, which is not contained in this written Agreement shall be valid and binding; and this
Agreement may not be enlarged, modified or altered except in writing signed by the parties and endorsed
hereon. It is expressly understood between the parties hereto, and this understanding shall be considered
in interpreting the provision of this Agreement, that upon notice given by any party hereto, later negotiations
may be undertaken for the purpose of revising, adding to or striking any provision or provisions of this
City Council 11-28-05
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Agreement which appear unworkable or insufficient to perfect, maintain and ensure the purpose of this
Agreement and any change of the provisions of this Agreement, after agreement between Maplewood and
Landfall shall be written and attached to this agreement as provided above and this later revision, addition
or deletion shall only apply to the provision revised, added or deleted and the remainder of this Agreement
shall remain in full force and effect.
A waiver by any party or any term or condition of this Agreement and any paragraph shall not be deemed or
construed to be waiver of such term or condition for the future or any subsequent breach thereof.
This entire Agreement embodies the entire Agreement and understanding of the parties hereto with respect
to the subject matter hereof, and it supersedes all prior and contemporaneous agreements and
understandings, oral and written, relative to the subject matter of this Agreement.
Each party shall execute and deliver any and all documents and shall perform all acts reasonably
necessary to carry out the provisions of this Agreement. And no party shall unreasonably withhold its
consent to any action which, by the terms hereof, require such consent.
6. N.E.S.A. Donation
Accepted a check for $1 ,000 from the Northeast Soccer Association to purchase goals
for the Afton Heights soccer field complex.
Councilmember Juenemann moved to adopt consent aqenda item 2.
Seconded by Councilmember Koppen
Ayes-All
Councilmember Juenemann moved to adopt consent aqenda item 4.
Seconded by Councilmember Rossbach
Ayes-All
Councilmember Rossbach moved to adopt consent aqenda items 1. 3. 5-6.
Seconded by Councilmember Juenemann
Ayes-All
H. PUBLIC HEARINGS
1. 7:00 p.m. Maplewood Business Center Conditional Use Permit Review (1616 Gervais
Avenue)
a. City Manager Fursman presented the report.
b. Planner FI nwall presented specifics from the report.
c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following
persons were heard:
Jerry Steiner, Attorney for the Property Owner
Cindy Hall, 1596 Grandview Avenue, Maplewood
Kevin Hall, 1596 Grandview Avenue, Maplewood
d. Mayor Cardinal closed the public hearing.
Councilmember Juenemann moved to set a meetinq (within 60 days) with the property owner, Pioneer
Press, City Staff, and if necessary the Minnesota Pollution Control Aqency. If no conclusion is reached,
the staff recommendation requirinq the Maplewood Business Center to conduct a noise study which
meets state quidelines for determininq niqhttime noise standards will be implemented.
City Council 11-28-05
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Seconded by Councilmember Koppen
Ayes-All
I. AWARD OF BIDS
None
J. UNFINISHED BUSINESS
1. The Myth (3090 Southlawn Drive)
Shared Parking Agreements
Outdoor Patio Review
a. City Manager Fursman presented the report.
b. Planner Finwall presented specifics from the report.
c. Jeff Kehr, Manager of the Myth Nightclub was present for council questions.
Councilmember Rossbach moved to approve the shared parkinq aqreements for the Mvth Niqhtclub
located at 3090 Southlawn Avenue. Approval is subiect to the followinq conditions:
a. The city issuing a conditional certificate of occupancy to the Myth allowing for a maximum
occupancy of 4,400.
Q. The Myth entering into an agreement with the city which requires the Myth to provide for at least
1,108 parking spaces during the Myth's hours of operation. In the event the Myth fails to
maintain the agreements for the required parking spaces the certificate of occupancy issued by
the city will automatically convert to a maximum occupancy of 1,450. Any future shared parking
agreements approved by the city must cover a minimum period of one year and must ensure
notification to the city by both parties within 90 days of expiration. The agreement must be
reviewed and approved by city staff and the city attorney's office.
c. The city council will review and reconsider the shared parking agreement authorization in
September 2006.
d. During any use periods of the Myth nightclub the following conditions must be met:
1) Post each entrance to the parking lot with the name and location of the overflow parking
lots.
2) Ramsey County sheriff officers must patrol each lot (on-site and off-site).
3) Parking attendants must be stationed at each lot (on-site and off-site).
4) Parking attendants must direct traffic to overflow lots via maps.
5) Clean-up of each lot (on-site and off-site) must take place prior to 6 a.m. the next day.
Seconded by Councilmember Koppen
Ayes-All
Councilmember Koppen moved to approve the proposed 800-square-foot rooftop patio for the Mvth
Niqhtclub located at 3090 Southlawn Avenue. Approval is subiect to the followinq conditions:
a. No outside music venues other than piped-in music is permitted on the patio.
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b. The city council will review and reconsider the outdoor patio for any nuisances in June or July
2006, after the patio has been in use for at least two months.
Seconded by Councilmember Juenemann
Ayes-All
2. Conditional Use Permit Reviews - Ohlson Landscaping and Oehrlein Outdoor Property
Maintenance (1949 Atlantic Street)
a. City Manager Fursman presented the report.
b. Planner Finwall presented specifics from the report.
Councilmember Rossbach moved to approve the conditional use permits for Olson landscapinq (1949
Atlantic Street) and review aqain in June 2006 to ensure completion of all required landscapinq and
aqain in Auqust 2006 to ensure the completion of the required parkinq lot pavement.
Seconded by Councilmember Koppen
Ayes-All
Councilmember Rossbach moved to approve the conditional use permit for Ohlson Outdoor Lawn
Maintenance (vacant lot north of 1949 Atlantic Street) and review aqain only if a problem arises or if
improvements are proposed for the property.
Seconded by Councilmember Koppen
Ayes-All
3. No Parking Zones - Twin Cities Hmong Alliance Church (1234 County Road B (at
Atlantic Street))
a. City Manager Fursman presented the report.
b. Fire Chief Lukin presented specifics from the report.
Nathan Yang, member of the Hmong Alliance Church at 1234 County Road B
Peggy Thompson 1246 County Road B, Maplewood
Jerry Markie, 1247 Leland Road, Maplewood
Councilmember Koppen moved to approve the no-parkinq zones:
1. East side of Atlantic Street form County Road B to Leland as siqned.
2. Both sides of Leland Road. 30 feet from each corner.
3. Any other areas siqned as necessarv.
durinq any church functions (with the installation of the necessarv siqnaqe) for the followinq streets
near the Hmonq Alliance Church at 1234 County Road B.
Seconded by Councilmember Juenemann
Ayes-All
K. NEW BUSINESS
1. Easement Vacation - Lot 1, Block 1, Heritage Square Addition (North of Legacy Parkway)
a. City Manager Fursman presented the report.
b. Planner Ekstrand presented specifics from the report.
c. Chris Call, Lifeform Engineering Company was present for council questions.
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Councilmember Koppen moved to adopt the followinq resolution vacatinq the unneeded four by ten foot
section of a drainaqe and utility easement within the Heritaqe Square Townhomes development subiect
to Town and Countrv Homes releasinq the City of Maplewood from any liability in case their property is
damaqed within the easement due to utility repairs:
EASEMENT VACATION RESOLUTION 05-11-167
WHEREAS, Mr. Kevin Clark, of Town & Country Homes, applied for the vacation of a
four by ten foot portion of drainage and utility easement within the Heritage Square Townhome
development. This easement is described as follows:
THE WEST 10.00 FEET OF THE EAST 40.00 FEET OF THE NORTHERLY 4.00 FEET OF
THE SOUTHERLY 10.00 FEET OF LOT 1, BLOCK 1, HERITAGE SQUARE, RAMSEY COUNTY,
MINNESOTA, ALL DISTANCES TO BE MEASURED AT RIGHT ANGLES.
WHEREAS, on November 7, 2005, the planning commission held a public hearing. The city
staff published a notice in the Maplewood Review and sent a notice to the abutting property owners.
The planning commission gave everyone at the hearing a chance to speak and present written
statements. The planning commission also considered reports and recommendations from the city
staff. The planning commission recommended that the city council approve this request.
WHEREAS, on November 28, 2005, the city council approved this request after considering the
recommendations of staff and the 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 because this four by ten foot section of a drainage and utility easement is not needed and,
therefore, would serve no public purpose. This vacation is subject to Town and Country Homes
releasing the City of Maplewood from any liability in case their property is damaged within the
easement due to utility repairs:
Seconded by Councilmember Bartol
Ayes-All
2. Maple Leaf Ridge Business Center (2483 and 2497 Maplewood Drive)
a. Conditional Use Permit
b. Design Approval
a. City Manager Fursman presented the report.
b. Planner Finwall presented specifics from the report.
c. Commissioner Trippler, presented the Planning Commission Report
d. Boardmember Heights presented the Community Design Review Board report
e. Jim Kellison, Kelco Real Estate Development Services, was present for council questions.
Missy O'Connor, 2506 Adele Street, Maplewood
Councilmember Rossbach moved to adopt the followinq resolution approvinq a conditional use permit
for a proposed buildinq setback of 250 feet from the rear lot line for an office/industrial condominium
development at 2488 and 2497 Maplewood Drive. The motion includes the limitation of delivery times to
exclude early morninq and eveninq hours:
City Council 11-28-05
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CONDITIONAL USE PERMIT RESOLUTION 05-11-069
WHEREAS, Kelco Real Estate Development Services has applied for a conditional use permit
to be allowed to build an office/industrial complex 250 feet from the abutting residential district. The
code requires 350 feet.
WHEREAS, this permit applies to the property at 2488 and 2497 Maplewood Drive.
description is:
The legal
W. H. HOWARD'S GARDEN LOTS EX STH 61-1 N 85 FT OF LOT 3.
W. H. HOWARD'S GARDEN LOTS EX STH 61-1 AND EX N 85 FT LOT 3.
WHEREAS, the history of this conditional use permit is as follows:
1. On October 17, 2005, the planning commission recommended that the city council approve this
permit. The planning commission held a public hearing. City staff published a notice in the paper and
sent notices to the surrounding property owners as required by law. The planning commission gave
everyone at the hearing a chance to speak and present written statements. The planning commission
considered the recommendations of city staff and the public.
2. The city council reviewed this request on November 28, 2005 and considered the recommendations
of the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
conditional use permit because:
1. The use would be located, designed, maintained, constructed and operated to be in conformity with
the City's Comprehensive Plan and Code of Ordinances.
2. The use would not change the existing or planned character of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of operation that
would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or
property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution,
drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not create traffic
congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets, police and fire
protection, drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or services.
8. The use would maximize the preservation of and incorporate the site's natural and scenic features
into the development design.
9. The use would cause minimal adverse environmental effects.
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Approval is subject to the following conditions:
1. All construction shall follow the site plan that the city has date-stamped October 11, 2005 and the
lighting plan date-stamped November 21, 2005. The director of community development may
approve minor changes.
2. The proposed construction must be substantially started, or the 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 city's hours for noise control as stated in Section 18-111 of the city code shall be complied with.
This means that there shall be no noise generated between the hours of 7 p.m. and 7 a.m. Monday
through Saturday and all day Sunday. The applicant's sale or lease agreements should specify
this.
5. The site lights, west of Building #3, the westerly building, shall be turned off after 10 p.m. unless
required to be on by the police department for security reasons. The lights on the west side of
Building #3 shall also be of a design that conceals the lens and bulbs of these light fixtures. Light-
intensity maximums must meet code requirements. The lighting plan must be coordinated with the
Police Department.
6. Combine the two legal descriptions into one legally-described lot prior to obtaining a building permit
for this development.
7. The applicant must provide a revised landscaping plan for Community Design Review Board
approval that provides a landscaping/screening plan, including a double row of trees along the west
boundary, which provides a visual screen that is at least 80 percent opaque and six feet tall upon
installation. If the double row of trees does not accomplish this, additional screening must be
provided. This screen shall be an all-season screen that may include decorative fencing, berming
and evergreen trees. This visual screen shall be provided along the rear of the property and shall
extend from there along both side lot lines to the rear setback line of Building #3. This plan may
take into account existing vegetation and existing screening.
8. Meet all requirements of the community design review board and city code for architectural design,
landscaping, site lighting and parking.
9. Meet all requirements of the city engineer for site grading, drainage, erosion control, dust control,
utilities and removal of roadway dirt build-up.
10. Outdoor storage of any materials shall not be allowed unless a conditional use permit for outdoor
storage is obtained from the city council.
Seconded by Councilmember Koppen
Ayes-Councilmembers Bartol, Juenemann,
Koppen and Rossbach
Abstain-Mayor Cardinal
Councilmember Koppen moved to approve the site plan date-stamped October 11. 2005. and the
liqhtinq plan date-stamped November 21. 2005. Approval is subiect to the applicant/developer
complvinq with the followinq conditions:
1. Repeat this review in two years if the city has not issued a building permit for this project.
2. Comply with all conditions of Chuck Vermeersch's engineering report dated October 17, 2005.
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3. Obtain necessary permits from the Minnesota Department of Transportation before the issuance of
a building permit.
4. Obtain a permit from the Ramsey/Washington Metro Watershed District before the issuance of a
building permit.
5. Provide fencing on the top of all retaining walls that exceed four feet in height. The fencing shall be
a black chain link fence at least 3.5 feet tall. Retaining walls that exceed four feet in height must be
designed by a structural engineer, and the applicant must obtain a building permit.
6. The applicant must provide a revised landscaping plan for Community Design Review Board
approval that provides a landscaping/screening plan, including a double row of trees along the west
boundary, which provides a visual screen that is at least 80 percent opaque and six feet tall upon
installation. If the double row of trees does not accomplish this, additional screening must be
provided. This screen shall be an all-season screen that may include decorative fencing, berming
and evergreen trees. This visual screen shall be provided along the rear of the property and shall
extend from there along both side lot lines to the rear setback line of Building #3. This plan may
take into account existing vegetation and existing screening.
7. Obtain approval of a comprehensive sign plan from the community design review board before any
sign permits may be issued.
8. Submit a complete lighting plan to staff for approval. The site lights, west of Building #3, the
westerly building, shall be turned off after 10 p.m. unless required to be on by the police department
for security reasons. The lights on the west side of Building #3 shall also be of a design that
conceals the lens and bulbs of these light fixtures. Light-intensity maximums must meet code
requirements. The lighting plan must be coordinated with the Police Department.
9. Provide a revised landscaping plan for approval by the Community Design Review Board for the
area along the street frontage, increasing the amount of plantings in this area.
10. The applicant must provide an in-ground irrigation system as required by code. The area around
the pond does not need to be sprinklered.
11. The rear elevations of all buildings, and any parts of the side elevations that are rock-face block,
must be painted to match the front building colors.
12. Provide cash escrow, in the amount of 150 percent of the cost of completing the landscaping and
exterior site improvements, before the applicant shall obtain a building permit.
13. All customer parking spaces must be at least 9 Y:! feet wide. Employee parking spaces may be nine
feet wide if signs are posted identifying them as employee parking only.
14. The community design review board shall approve major changes to these plans. Minor changes
may be approved by staff.
15. On Building #3, the west, north and south elevations shall incorporate the same CMU (concrete
masonry unit) band as proposed on the front to wrap around the entire building.
Seconded by Councilmember Rossbach
Ayes-Councilmembers Bartol, Juenemann,
Koppen and Rossbach
Abstain-Mayor Cardinal
3. Wine and Strong Beer Liquor License - Pei Wei Asian Diner - Edward Unangst
a. City Manager Fursman presented the report.
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b. REaL Director/City Clerk Guilfoile presented specifics from the report.
c. Edward Unangst was present for council questions.
Councilmember Rossbach moved to approve the wine and stronq beer liquor licenses for Pei Wei
Asian Dinner to be located at 3095 White Bear Avenue.
Seconded by Councilmember Koppen
Ayes-All
4. Capitol Region Watershed District Draft Rules
Resolution Requesting Time Extension for Comment Deadline and City Involvement in
Developing Acceptable Rules and Standards
a. City Manager Fursman presented the report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Rossbach moved to adopt the followinq resolution requestinq a time extension for
Comment Deadline and City Involvement in Developinq Acceptable Rules and Standards:
RESOLUTION 05-11-170
REQUESTING A TIME EXTENSION FOR COMMENT DEADLINE AND CITY INVOLVEMENT IN
DEVELOPING ACCEPTABLE RULES AND STANDARDS
WHEREAS, the Capitol Regions Watershed District (hereinafter, the "CRWD") was established
on September 24, 1998. Approximately 600 acres of the City of Maplewood is within the CRWD. The
CRWD also includes portions of Falcon Heights, Lauderdale, Roseville and St. Paul: and
WHEREAS, on October 10, 2005, the City of Maplewood was notified by the CRWD that
completed draft rules and technical standards were ready for review within a 45-day time period that
was set to end on November 29'h, 2005 at 4:30 pm; and
WHEREAS, staff has reviewed the draft rules and technical standards proposed by CRWD and
has identified a number of concerns. The draft rules and standards have the potential to affect
construction projects, including but not limited to, commercial and residential developments and
redevelopments, street reconstruction projects, new street construction projects, and maintenance
operations of storm sewer systems. The following questions and concerns have been identified and are
listed below:
1. The 60 day permit review period has the potential to reduce the construction season for
public projects by two months as the contractor must sign the permit application.
2. Municipalities are exempt from the permit fee, but must provide cash surety for 125% of
the storm water facilities within the construction project.
3. Runoff volumes must be reduced by 1 inch over all impervious areas and 90% of solids
must be removed for a 2.5" event. There may not be available right of way or public property to
accommodate this requirement in neighborhood street reconstruction projects and the cost to obtain
additional property would be great.
4. How is the infiltration requirement met in areas with poor soils?
5. Pretreatment of runoff is required prior to infiltration. What constitutes pretreatment?
6. The draft rules and standards do not address a minimum development size requiring a
permit.
7.
facilities?
What are the additional costs to maintain the required pretreatment and infiltration
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WHEREAS, City staff believes the 45 day review period ending on November 29'h, 2005 has
not provided sufficient time for the city to submit appropriate comments regarding technical,
engineering and cost benefit analysis of the draft rules and technical standards, and
WHEREAS, a technical advisory committee has not been established as required by state
statute 1 03D.337 requiring the establishment of a technical advisory committee, consisting of cities,
counties and soil and water conservation districts by watershed districts.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the City of Maplewood requests Capitol Regions Watershed District to establish a
technical advisory committee to assist in determining appropriate draft rules and technical standards
and also requests the comment review period be extended beyond November 29'h, 2005 to allow the
City of Maplewood to provide thorough comments.
Seconded by Councilmember Juenemann
Ayes-All
5. Kenwood Area Street Improvements - City Project 05-16
Resolution Accepting Report and Calling Public Hearing
a. City Manager Fursman presented the report.
b. City Engineer Ahl presented specifics from the report.
Councilmember Rossbach moved to adopt the followinq resolution acceptinq the report and callinq for
a public hearinq for 7:00 p.m., Monday, December 12'h, 2005, for the Kenwood Area Street
Improvements proiect:
RESOLUTION 05-11-171
ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING
WHEREAS, pursuant to resolution of the council adopted June 13th, 2005, a report has been
prepared by the city engineering division with reference to the improvement of Kenwood Area Streets,
City Project 05-16, and this report was received by the council on November 28,2005, 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 $4,727,140.
2. A public hearing shall be held on such proposed improvement on the 12'h day of
December, 2005 in the council chambers of city hall at 7:00 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
6. Approval of Snow and Ice Control Policy
a. City Manager Fursman presented the report.
b. City Engineer Ahl presented specifics from the report.
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Councilmember Koppen moved to approve the followinq proposal establishinq a policy for snow and ice
control. Upon council approval. staff will ensure that the Snow and Ice Control Policy is placed on the
city's website:
City Of Maplewood Snow and Ice Control Policy
PURPOSE Snow and ice control is necessary for public safety, routine travel, and emergency
services. The purpose of this policy is to establish procedures concerning snow and ice control. The
following is a GUIDE for winter operations. The City of Maplewood considers snow and ice control a top
priority and emergency in nature. The City of Maplewood currently maintains 122 centerline miles and
145 cul-de-sacs.
GOALS
)> To monitor, in conjunction with the Maplewood Police Department and a weather service, road
and weather conditions 24 hours per day.
)> To allow emergency vehicles access during weather events.
)> To maintain streets in a safe driving condition.
)> To perform snow and ice control in a timely and cost effective manner.
)> To have streets plowed to full width within 8 hours after snow has quit falling.
EQUIPMENT The Public Works department utilizes 8 single axel dump trucks, 2 tandem axel trucks,
and 2 wheel loaders all with main plows, side wings, and spreaders on the trucks. The use of a single
one ton pickup is available for some cul-de-sacs and designated trails.
PROCEDURES The Street Superintendent, or designated representative, determines when
operations begin based upon immediate and anticipated conditions. Each snow and ice event is unique
due to the many changing weather conditions. Maintenance requirements may vary for each event.
)> Freezinq rain. sleet. ice The response can vary from a single truck to the entire fleet.
)> Snowfall of 2.5" or less The plowing plan varies depending upon temperature and time of year.
In some cases only high volume and collector streets will be plowed, with ice control applied at stop
signs, hills, bridges and curves. The superintendent may deem it necessary to complete a full plowing
of the City if we have had a series of nuisance snowfalls resulting in a buildup of snow on the streets.
)> Snowfall of 2" - 6" Depending on the timing of the event, every effort will be made to provide
safe driving conditions at critical times, mainly weekday mornings and evening rush hours. Once the
snowfall has ended a complete plowing will be performed. All plow routes will be re-checked and re-
plowed as needed.
)> Snowfall of 6" or more Each route has main roads, collector streets and priorities such as
hospitals, schools, and health care facilities. Depending on the rate of accumulation and other weather
factors it may be necessary to continually plow these roads until snowfall has let up at which time we
would move into secondary roads and neighborhoods.
SNOW STORAGE Snow will be stored in cul-de-sacs. When possible, snow will be placed in the
center of the cul-de-sac, otherwise off to the side so as not to interfere with mail service or driveways.
The City will remove the snow by hauling. Timing of the hauling will be at the discretion of the street
superintendent.
ICE CONTROL The City of Maplewood does not have a bare pavement policy. The City attempts to
maintain safe traveling roads for the general public. The City currently uses a mix of salt and sand. The
City is monitoring new technology and products for ice control, keeping in mind the cost and
environmental concerns.
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SIDEWALKS The City of Maplewood provides minimum winter maintenance on designated high
usage sidewalk/trail systems. The sidewalk/trail system will be opened within 48 hours of the
completion of street operations. The City uses two Bobcat skid steers with plow, broom, or blower
depending on the snow event. The City has no bare surface policy and uses no chemical, de-icing or
sand treatments.
BOULEVARDS The City will assume no responsibility for landscape, shrubbery, irrigation, or other
materials placed on the City owned right-of-way. The City, at its option, will repair turf damage as a
result of plowing by re-seeding or replacing sod.
MAILBOXES If a mailbox is struck directly by the plow the City will replace the mailbox. The
replacement will consist of a 4x4 treated post and a mailbox closely matching the one that was
damaged. The City will not replace decorative, ornamental or brick-type construction. Homeowners
should inspect the installation prior to winter, check for rotted post and missing hardware. Due to frost
conditions, a permanent installation can not be made until spring.
REVIEW City staff will review the policy after each season and make recommendations to the City
Council. Staff recommendations will be based on resident feedback, staff observations, and new
practices and technology in the industry.
Seconded by Councilmember Rossbach
Ayes-All
7. Moving Visitor Presentations to Beginning of City Council Meeting
a. City Manager Fursman presented the report.
b. Councilmember Rossbach presented specifics from the report.
Councilmember Rossbach moved to approve movinq visitor presentations followinq item D (Approval of
Minutes) and limit the total time to 15 minutes. with the time beinq divided equallv amonq the people
who wish to speak.
Seconded by Councilmember Bartol
Ayes-Councilmembers Bartol, Juenemann
and Rossbach
Nays-Mayor Cardinal and Councilmember
Koppen
L. VISITOR PRESENTATIONS
1. Mayor Elect Diana Longrie-1771 Burr Street, Maplewood, expressed her support and
appreciation moving Visitor Presentations to the beginning of the agenda.
M. COUNCIL PRESENTATIONS
1. Food Shelf Program - Council member Juenemann gave a report on the program.
2. The last Mayor's Forum of the year will be held Saturday, December 3'd at 10:00 a.m.
N. ADMINISTRATIVE PRESENTATIONS
None
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O. ADJOURNMENT
Councilmember Koppen moved to adiourn the meetinq at 10:48 p.m.
Seconded by Councilmember Rossbach
Ayes - All
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