HomeMy WebLinkAbout12-11-2006MINUTES
MAPLEWOOD CITY COUNCIL
7:20 P.M. Monday, December 11, 2006
Council Chambers, City Hall
Meeting No. 06-33
A.
B.
C.
D.
E
CALL TO ORDER
A meeting of the City Council was held in the Council Chambers, at City Hall, and was called to order at
7:20 P.M. by Mayor Longrie.
PLEDGE OF ALLEGIANCE
ROLL CALL
Diana Longrie, Mayor
Rebecca Cave Councilmember
Erik Hjelle, Councilmember
Kathleen Juenemann, Councilmember
Will Rossbach. Councilmember
APPROVAL OF AGENDA
M1. Council Retreat
M2. Bob Cardinal Letter
APPROVAL OF MINUTES
1
2
3
Present
Present
Present
Present
Present
Minutes from the November 6, 2006 Council/Manager Workshop
Councilmember Cave moved to approve the minutes from the November 6, 2006
Council/Manager Workshop as presented.
Seconded by Mayor Longrie
Ayes-All
Minutes from the November 27, 2006 Special City Council Meeting
Councilmember Cave moved to approve the minutes from the November 27, 2006 Special City
Council Meeting as presented.
Seconded by Mayor Longrie Ayes-Mayor Longrie, Councilmembers Cave, Hjelle
and Rossbach
Abstain-Councilmember Juenemann
Minutes from the November 27, 2006 Council/Manager Workshop
Councilmember Cave moved to approve the minutes from the November 27, 2006
Council/Manager Workshop as presented.
Seconded by Councilmember Hjelle Ayes-All
City Council Meeting 12-11-06
4. Minutes from the November 27, 2006 City Council Meeting
Mayor Longrie moved to approve the minutes from the November 27, 2006 City Council
Meeting as amended.
Seconded by Councilmember Hjelle Ayes-All
5. Minutes from the November 30, 2006 Continuation of the 11-27-06 City Council Meeting
Councilmember Cave moved to approve the minutes from the November 30, 2006
(Continuation of November 27, 2006 City Council Meeting) as presented.
Seconded by Councilmember Hjelle Ayes-All
F. VISITOR PRESENTATIONS
1. Robert Fowler, Attorney, representing Deputy Chief John Banick, spoke regarding the
elimination of the Deputy Police Chief position.
2. Nancy Lazaryan, 10734 West Lake Road, Rice, commented on what she felt were violations of
MN Statutes.
3. William Kayser, 6408 81 ~` Avenue North, Brooklyn Park, informed council that the owner of the
property known as Woodhill had recently passed away.
4. Dave Schilling, 1955 Greenbrier Maplewood, referred to a recent article by the former Mayor
Robert Cardinal and the salary survey published in the city news.
5. John Nephew, 628 E. County Road B, Maplewood, asked for clarification on back and forth
discussion during Visitor Presentations and felt the recently published salary survey was
a bit misleading due to the percentage of salaries published.
6. Christeen Stone, 2727 Hazelwood, Maplewood, shared her disappointment with recent city
changes that she felt will cost the city money in the long run.
7. Mindy Macrunnel, 1890 Adele Street, Maplewood, suggested better communication and follow
through by city staff.
8. AI Galbraith, 1770 Edward Street, Maplewood, expressed concern that the only city
publicity recently has been focused on negative. He would like to see the Maplewood motto
"together we can" applied.
9. Shirley Kraus, 2400 Linwood Court, Maplewood, commented on county taxes, union status and
city salaries.
G. APPOINTMENTS/PRESENTATIONS
1. Resolution of Appreciation -Jim Kaczrowski
~. Planner Roberts presented the report.
Councilmember Juenemann moved to adopt the following resolution of appreciation for
Planning Commissioner Jim Kaczrowski:
City Council Meeting 12-11-06
JOINT RESOLUTION OF APPRECIATION 06-12-146
WHEREAS, Jim Kaczrowski has been a member of the Maplewood Planning
Commission since April 11, 2005, and has served faithfully in that capacity to the present time;
and
WHEREAS, the Planning Commission has appreciated his experience, insights and
good judgment and
WHEREAS, he has freely given of his time and energy, without compensation, for the
betterment of the City of Maplewood; and
WHEREAS, he has shown sincere dedication to his duties and has consistently
contributed his leadership, time and effort for the benefit
of the City.
NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of
Maplewood, Minnesota, and its citizens, that Jim Kaczrowski is hereby extended our heartfelt
gratitude and appreciation for his dedicated service, and we wish him continued success in the
future.
Seconded by Mayor Longrie Ayes-All
2. Steve Dobihal -Eagle Scout Project
a. Councilmember Cave commended Life Scout Steven Dobihal for the Eagle Scout
Project he completed at the Maplewood Nature Center.
b. Steven Dobihal, Life Scout, 1276 Lark Avenue, Maplewood, explained his
Eagle Scout project at the Maplewood Nature Center:
Steven and his volunteers created and installed 12 markers for a self guided trail
at the Maplewood Nature Center. They represent 12 different interpretive points along
the trail and correspond with an activity sheet and kiosk signs at the front entrance.
Council thanked Steve for his hard work and dedication to the nature center.
H. PUBLIC HEARINGS
1. Proposed 2007 Property Tax Levy and Adoption of the 2007 Budget
a. Adoption of Resolution Setting the 2007 Tax Levy
b. Adoption of 2007 Ambulance Rates
c. Resolution Adopting the 2007 Budget
a. City Manager Copeland presented the report.
b. Mayor Longrie opened the public hearing, calling for proponents or opponents. The following
persons were heard:
Peter Fisher, 2344 Standridge Avenue, Maplewood
John Nephew, 628 E, County Road B., Maplewood
Shirley Krause, 2400 Linwood Court, Maplewood
Carolyn Peterson, 1801 Gervais Avenue, Maplewood
c. Mayor Longrie closed the public hearing.
City Council Meeting 12-11-06
Councilmember Cave moved to adopt the following resolution certifying taxes payable in 2007:
RESOLUTION CERTIFYING TAXES PAYABLE IN 2007 06-12-147
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA that:
1. The following amounts of taxes be levied for 2006, payable in 2007, upon the net tax capacity in said City
of Maplewood, for the following purposes:
Operations
Debt Services
TOTAL LEVY
$12,405,650
2,437,800
$14,843,450
2. In addition, there is a $703,000 market value based referendum levy for 2006 payable in 2007 to finance
the debt service on the 2002 Open Space Refunding Bonds and the 2000 Fire Safety Bonds.
3. The next tax capacity based levy of $2,437,800 for Debt Service and the market value based referendum
levy of $703,000 total $3,140,800. This is a net decrease of $921,072.79 in the scheduled levy of
$4,061,872.79. The breakdown by Debt Service Fund follows as Exhibit A:
Exhibit A
334 G.O. REFUNDING BONDS - 1998B
335 G.O. IMPROVEMENT BONDS - 1999A
337 G.O. FIRE SAFETY BONDS - 2000A
338 G.O. EQUIPMENT CERTIFICATES - 2001A
339 G.O. IMPROVEMENT BONDS - 2001B
340 G.O. IMPROVEMENT REFUNDING BONDS - 2001C
341 G.O. IMPROVEMENT BONDS - 2002A
342 G.O. IMPROVEMENT REFUNDING BONDS - 2002B
343 G.O. TAX INCREMENT REFUNDING BONDS - 2002C
344 G.O. OPEN SPACE REFUNDING BONDS - 2002D
345 G.O. IMPROVEMENT BONDS - 2003A
347 G.O. REFUNDING BONDS - 2004A
348 G.O. IMPROVEMENT BONDS - 2004B
349 G.O. TAX ABATEMENT BONDS - 2004C
350 G.O. CAPITAL IMPROVEMENT PLAN BONDS - 2004D
352 G.O. TAX INCREMENT REFUNDING BONDS - 2004E
353 G.O. IMPROVEMENT BONDS - 2005A
354 G.O. IMPROVEMENT BONDS - 2006A
355 G.O. EQUIPMENT CERTIFICATES - 2006B
TOTALS
Seconded by Mayor Longrie
SCHEDULED ADOPTED INCREASE
LEVY LEVY (DECREASE)
116, 327.00 133, 070.00 16, 743.00
57,986.00 69,600.00 11,614.00
314,428.00 317,400.00 2,972.00
0.00 6,880.00 6,880.00
175,744.40 174,600.00 (1,144.40)
32,760.00 - (32,760.00)
245,201.00 269,900.00 24,699.00
518,714.00 526,000.00 7,286.00
629,331.00 339,900.00 (289,431.00)
406,941.00 385,600.00 (21,341.00)
163, 515.00 165,100.00 1, 585.00
16,647.68 - (16,647.68)
318,027.45 - (318,027.45)
208,787.00 185,270.00 (23,517.00)
53,905.00 50,800.00 (3,105.00)
160,879.95 188,700.00 27,820.05
57,043.00 - (57,043.00)
450,226.43 267,590.00 (182,636.43)
135,408.88 60,390.00 (75,018.88)
$4,061,872.79 3,140,800.00 (921,072.79)
Ayes-Mayor Longrie, Councilmembers Cave
and Hjelle
Nays-Councilmembers Juenemann and
Rossbach
City Council Meeting 12-11-06
4
rates:
Councilmember Cave moved to adopt the following resolution adopting the 2007 Ambulance
RESOLUTION ADOPTING 2007 AMBULANCE RATES 06-12-148
WHEREAS, the City of Maplewood is authorized to impose reasonable charges for emergency and
paramedic ambulance services by Minnesota Statutes 471.476 and by special laws (Chapter 426, Laws of
1975, and Chapter 743, Laws of 1978); and
WHEREAS, it is fair and reasonable to charge for services rendered based upon the distance a
person is transported and by type of services provided; i.e., basic or advanced life support services as
defined by Medicare.
2007:
NOW, THEREFORE, BE IT RESOLVED, that the following charges shall be effective January 1,
Base rates:
Non-transport (treatment administered) $ 410.00
Basic life support ambulance services $1,100.00
Advanced life support ambulance $1,440.00
services 1
Advanced life support ambulance $1,590.00
services 2
Rate per mile transported $ 17.30
BE IT FURTHER RESOLVED, that there shall be no charge when the patient has not been
administered treatment and is not transported, when the patient is transported to the detoxification center,
or when the patient is transported in a squad car.
BE IT FURTHER RESOLVED, that if more than one person is transported, the ambulance charges
will be pro-rated between the people transported.
Seconded by Councilmember Rossbach
Ayes-All
Councilmember Cave moved to adopt the following resolution adopting the 2007 budget:
RESOLUTION 06-12-149
RESOLUTION ADOPTING A BUDGET FOR 2007
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA that a
budget for 2007 is hereby adopted as outlined in the following summary:
CAPITAL DEBT
OPERATING IMPROVEMENTS SERVICE
BUDGET BUDGET BUDGET TOTAL
Estimated Balances 01-01-07 $39,721,067 $1,164,774 $8,855,748 $49,741,589
Revenues 31,183,650 1,320,580 4,969,600 $37,473,830
Net other increases
(298,380)
(86,570)
474,260
$89,310
(decreases)
Expenditures (29,983,890) (822,840) (6,576,290) ($37,383,020)
Estimated Balances 12-31-07 $40,622,447 $1,575,944 $7,723,318 $49,921,709
City Council Meeting 12-11-06 5
BE IT FURTHER RESOLVED that the department appropriations totaling $29,983,890 as listed in the
budget booklet are hereby approved for the 2007 Operating Budget.
BE IT FURTHER RESOLVED that the expenses for the Community Center Operations Fund may
exceed the appropriation provided that the net operating income before other revenues and expenses
excluding depreciation for 2007 is not less than $94,690.
BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the 2007
Capital Improvements Budget:
CAPITAL IMPROVEMENT PROJECTS $90,040
FIRE TRUCK REPLACEMENT 20
LEGACY VILLAGE TAX ABATEMENT DISTRICT 120
OPEN SPACE 230
PARK DEVELOPMENT 500,640
REDEVELOPMENT 920
TAX INCREMENT ECONOMIC DEV. DISTRICT #1-5 26,430
TAX INCREMENT HOUSING DISTRICT #1-1 430
TAX INCREMENT HOUSING DISTRICT #1-2 430
TAX INCREMENT HOUSING DISTRICT #1-3 440
TAX INCREMENT HOUSING DISTRICT #1-4 30,490
TAX INCREMENT HOUSING DISTRICT #1-5 25,290
TAX INCREMENT HOUSING DISTRICT #1-6 60,310
TAX INCREMENT HOUSING DISTRICT #1-7 19,920
TAX INCREMENT HOUSING DISTRICT #1-8 66,020
WATER AVAILABILITY CHARGE - NO. ST. PAUL 140
WATER AVAILABILITY CHARGE - ST. PAUL 970
TOTAL CAPITAL IMPROVEMENTS $822
840
BUDGET APPROPRIATIONS ,
BE IT FURTHER RESOLVED that the Finance Director shall establish a budget for each public
improvement project when the Council orders the project and that the budget amounts shall be recorded at
amounts specified in the feasibility study for the project.
BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the 2007
Debt Service Budget:
$4,220,000 Principal
2,324,430 Interest
7,410 Paying Agent Fees
6,300 Fees for Service
12,240 Interest- Interfund loans
5,910 Investment Management
$6,576,290 TOTAL DEBT SERVICE BUDGET APPROPRIATIONS
BE IT FURTHER RESOLVED that the above budgets for Governmental Funds are hereby adopted for
financial reporting and management control.
City Council Meeting 12-11-06 6
BE IT FURTHER RESOLVED that the above budgets for all other funds are hereby adopted for
management purposes only.
BE IT FURTHER RESOLVED that the transfer of appropriations among the various accounts, within a
fund, shall only require the approval of the City Manager or his designee. However, City Council approval is
required for transfers from contingency accounts.
BE IT FURTHER RESOLVED that all appropriations which are not encumbered or expended at the
end of the fiscal year shall lapse and shall become part of the unencumbered fund balance which may be
appropriated for the next fiscal year except appropriations for capital improvement projects which shall not
lapse until the project is completed or canceled by the City Council.
BE IT FURTHER RESOLVED that $173,000 of the fund balance in the General Fund is designated for
contingencies.
Seconded by Mayor Longrie Ayes-Mayor Longrie, Councilmembers Cave and Hjelle
Nays-Councilmembers Juenemann and Rossbach
Councilmember Rossbach moved to continue the meeting Thursday. December 14, 2006.
Motion died for lack of a second.
Councilmember Cave moved to continue the meeting until all agenda items were addressed
Seconded by Councilmember Hjelle Ayes-Mayor Longrie, Councilmembers Cave, and Hjelle
Nays-Councilmembers Juenemann and Rossbach
Mayor Longrie announced a 10 minute recess.
CONSENT AGENDA
Councilmember Juenemann moved to table the CUP for Woodhill (Agenda Item I5) until the December
18`h City Council Meeting to allow the City Attorney to determine if the death of the property owner
affects the Conditional Use Permit.
Seconded by Mayor Longrie
Councilmember Juenemann moved to a
Councilmember Hielle that an itemized a
claims.
Seconded by Councilmember Cave
Councilmember Juenemann moved to a
Seconded by Councilmember Cave
Councilmember Juenemann moved to ai
Seconded by Councilmember Hjelle
Ayes-All
prove consent agenda item 1 with a friendly amendment from
ttorney bill (if applicable) be included with each approval of
Ayes-All
prove consent agenda items 2, 3 and 4.
Ayes-All
prove consent agenda item 6.
Ayes-All
City Council Meeting 12-11-06
1. Approval of Claims
ACCOUNTS PAYABLE:
$ 406,776.06 Checks # 71410 thru # 71457
dated 11/21/06thru 11/28/06
$ 324,544.75 Disbursements via debits to checking account
dated 11/17/06thru 11/24/06
$ 550,771.77 Checks # 71458 thru # 71532
dated 12/05/06
$ 94,941.88 Disbursements via debits to checking account
dated 11/27/06thru 11/30/06
$ 1,377,034.46 Total Accounts Payable
PAYROLL
$ 471,782.47 Payroll Checks and Direct Deposits dated 12/01/06
$ 2,305.25 Payroll Deduction check # 1000615 thru # 1000616
dated 12/01/06
$ 474,087.72 Total Payroll
$1,851,122.18 GRAND TOTAL
2. Assessments for False Alarm Bills
Adopted the following resolution to certify false alarm charges for collection with property taxes
payable in 2007:
RESOLUTION 06-12-150
RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of
Ramsey County the following delinquent false alarm charge for collection with the taxes of said property
owner for the year 2006, collectible in 2007, and which includes interest at the rate of eight percent
(8°~) on the total amount for one year:
ACCOUNT
STREET ADDRESS PROPERTY
IDENTIFICATION
AMOUNT"
T Mobile 3001 White Bear Avenue 02.29.22.23.0009 $27.00
Maplewood Mall 3001 White Bear Avenue 02.29.22.23.0009 $216.00
Maplewood Manor 2266 Duluth 09.29.22.44.0158 $540.00
Auto Zone 751 Century Avenue 25.29.22.44.0049 $124.20
T Mobile USA, Inc. 3035 White Bear Avenue 02.29.22.21.0016 $27.00
Old Navy 3001 White Bear Avenue 02.29.22.23.0009 $43.20
Kentucky Fried Chicken 1938 Beam Avenue 02.29.22.31.0058 $54.00
Real Estate Facilities 501 Marquette Avenue 18.29.22.14.0011 $27.00
Joann Etc. 1739 Beam Avenue 03.29.22.14.0015 $43.20
Corner Kick 1357 Cope Avenue 10.29.22.32.0014 $367.20
TOTAL $1,468.80
'Amount includes 8°~ interest.
City Council Meeting 12-11-06 8
Assessments for Ambulance Bills
Adopted the following resolution to certify $20,120.14 of unpaid ambulance bills as special
assessment for collection with 2007 property taxes with interest at the rate of eight percent on
the total amount for one year:
RESOLUTION 06-12-151
RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey
County the attached ambulance service charges totaling $20,120.14 for collection with the taxes of said
property owner for the year 2006, collectible in 2007 with interest at the rate of eight percent (8°~) on
the total amount for one year.
4. Home Occupation License Review -Grupa (1994 Duluth Street)
Approved to review the home occupation license for the photography studio 1994 Duluth Street
again in one year (December 2007) or sooner if a problem arises or if Mr. Grupa proposes a
major change to his home business.
5. Conditional Use Permit Review - Woodhill (Dahl Avenue, south of Linwood Avenue)
Item tabled to the December 18, 2006 City Council Meeting.
6. County Road D Extension (Hazelwood to TH 61), City Project 02-07, and County Road D
Extension (West of TH 61), City Project 02-08: Approve Resolution for State Aid Variance
Adopted the following resolution requesting a variance from State Aid Operations Rules for the
County Road D extension projects, County Road D Extension (Hazelwood to TH 61), City
Project 02-07 and County Road D extension (West of TH 61), City Project 02-08:
RESOLUTION 06-12-145
REQUEST FOR VARIANCE FROM STATE AID OPERATIONS RULES -CHAPTER 8820 -
ELIGIBILITY FOR FUNDING FOR COUNTY ROAD D EXTENSION PROJECTS (MSAP's 138-
112-05, 138-121-03 AND 138-020-29)
WHEREAS, the City of Maplewood opened bids in advance of receiving state aid
approval of final plans and specifications for the County Road D Extension projects (MSAP's
138-112-05, 138-121-03 and 138-020-29), and
WHEREAS, said approval is required by State Aid Rules Chapter 8820.2800 subpart 2
to be eligible for municipal State Aid funding, and
WHEREAS, it was necessary to open bids early to further advance the County Road D
Extension projects,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
That the council hereby requests a variance from said rules and directs the City
Engineer to appear before the State Aid Variance Committee and explain the need for variance
and the reasons why the project was let before State Aid approval was given.
City Council Meeting 12-11-06
AWARD OF BIDS
None
K. UNFINISHED BUSINESS
None
L. NEW BUSINESS
Alley Vacation -Driscoll (south of Frost Avenue and east of Walter Street)
Planner Roberts presented the report.
Commissioner Grover, representing the Maplewood Planning Commission, presented
the Planning Commission report.
c. Judith Driscoll, the applicant, was present for council questions.
Councilmember Juenemann moved to adopt the following resolution fo
VACATION RESOLUTION 06-12-152
WHEREAS, Ms. Judith Driscoll of 1896 Walter Street applied for the vacation of the
following alley:
That north-south alley in Block 3, Kavanagh and Dawson's Addition to Gladstone, that is
between a point 113 feet south of the south right-of-way line of Frost Avenue and the north
right-of-way line of Fenton Avenue and between Walter Street and Phalen Place as shown on
the plat of Kavanagh and Dawson's Addition, Ramsey County, Minnesota (in Section 16,
Township 29, Range 22).
WHEREAS, the history of this vacation is as follows:
1. On November 20, 2006, the planning commission held a public hearing about this
proposed vacation. The city staff published a notice in the paper and sent notices to the
surrounding 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 of the city staff. The planning commission recommended that the city council
approve the vacation.
2. On December 11, 2006, the city council reviewed this proposal. The council also
considered reports and recommendations of the city staff and planning commission.
WHEREAS, after the city approves this vacation, the public fee title interest in the property
will go to the following described properties:
1. 1907 Phalen Place (PIN 16-29-22-42-0010)
2. 1899 Phalen Place (PIN 16-29-22-42-0011)
3. 1893 Phalen Place (PIN 16-29-22-42-0012)
4. 1101 Fenton Avenu e (PIN 16-29-22-42-0013)
5. 1896 Walter Street (PIN 16-29-22-42-0014)
City Council Meeting 12-11-06 10
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
vacation for the following reasons:
1. It is in the public interest.
2. The city and the property owner do not need or use the alley in question for street or
access purposes.
3. The properties adjacent to the alley have adequate street access.
This vacation is subject to the city keeping a drainage and utility easement over the vacated
alley in question.
Seconded by Councilmember Hjelle Ayes-All
Walgreens (Northeast Corner of White Bear and Beam Avenues)
Lot Division
Land Use Plan Amendment (LBC to BC)
Zoning Map Change (LBC to BC)
Design Review
a. Planner Finwall presented the report.
b. John Kohler, Architect, Semper Development, was present for council questions.
c. Matt Reagan, Construction Manager, Meer Construction, Inc., addressed sidewalk
issues.
d. Scott Reagan, Meer Construction, answered council questions.
Commissioner Grover, representing the Maplewood Planning Commission, presented
the Planning Commission report.
Submit a revised survey to staff for approval which shows the following:
1) Legal descriptions of Parcels A and B.
2) Location and legal description of a utility and access easement on the east side
of Parcel A to accommodate utilities and access for the property to the north (2950 White Bear
Avenue) and access for the property to the east (Parcel B).
3) Location and legal description of an access easement on the north side of Parcel
A and the south side of the property to the north (2950 White Bear Avenue) to accommodate
the driveway located on the north side of the Walgreens' building and the shared curb cut on
White Bear Avenue.
4) Location and legal description of aten-foot-wide roadway easement along White
Bear Avenue the entire length of Parcel A to accommodate for future roadway widening.
b. Deeds describing the two new legal descriptions for Parcels A and B, including the
required utility, access, and roadway easement descriptions described above.
c. Deeds must be recorded with Ramsey County within one year of the date of lot division
approval or the lot division will become null and void (city code requirement).
City Council Meeting 12-11-06 11
d. Prior to issuance of a grading or building permit for the proposed Walgreens retail store
and pharmacy on Parcel A, the following must be submitted to staff for approval:
1) Proof that Ramsey County has recorded the deeds.
2) A signed certificate of survey for Parcel A showing the location of all property lines,
building, parking, driveway, freestanding sign, and easements.
Seconded by Councilmember Cave Ayes-All
Councilmember Rossbach moved to adopt the following comprehensive land use plan change
resolution. This resolution changes the comprehensive land use plan for the newly subdivided
1.54 acre western lot (Parcel A) n the vacant lot located on the northeast corner of Beam an
White Bear Avenues from Limited Business Commercial (LBC) to Business Commercial (BC):
COMPREHENSIVE LAND USE PLAN CHANGE RESOLUTION 06-12-153
WHEREAS, Semper Development, representing Walgreens, applied for a
change to the city's comprehensive land use plan from Limited Business Commercial (LBC) to
Business Commercial (BC).
WHEREAS, this change applies to the west 253 feet of the vacant property located on
the northeast corner of Beam and White Bear Avenues (Parcel A as described in the October 5,
2006, Lot Split Boundary Exhibit).
WHEREAS, the property identification number for the property is 02-29-22-24-0004.
WHEREAS, the legal description of Parcel A is as follows:
That part of the South 284.96 feet of the South 731.5 feet of the Southeast Quarter of
the Northwest Quarter of Section 2, Township 29 North, Range 22 lying East of the
center line of White Bear Avenue, Except the part thereof described as follows:
Beginning at a point on the East line of the Southeast Quarter of the Northwest
Quarter of Section 2, Township 29, Range 22, said point being 175 feet Northerly of
the South line of said Southeast Quarter; thence Northerly 556.5 feet along the East
line; thence 354.5 feet due West; thence 350 feet due South; thence in a Southeasterly
direction to a point which is 120 feet due West of the point of beginning; thence
Northwesterly along last said line 166.75 feet to the north line of the said South
284.96 feet; thence along last said north line, South 89 degrees 19 minutes O5 seconds
West a distance of 94.73 feet; thence deflecting left 90 degrees, South 00 degrees 40
minutes 55 seconds East a distance of 284.96 feet to the east /west quarter line of
said Section 2; thence along said east /west quarter line, North 89 degrees 19 minutes
O5 seconds East to the center of said Section 2; thence northerly along the East line of
the Southeast Quarter of the Northwest Quarter of said Section 2 a distance of 175.00
feet to the point of beginning; according to the U.S. Government Survey thereof,
Ramsey County, Minnesota. Subject to the right of way for Beam Avenue and White
Bear Avenue and encumbrances as shown on an ALTA survey prepared by Houston
Engineering dated March 24, 2006. Containing approximately 67,013 square feet.
WHEREAS, the history of this change is as follows:
On November 20, 2006, the planning commission held a public hearing. The city staff
published a hearing notice in the Maplewood Review and sent notices to the surrounding
property owners. The planning commission gave everyone at the hearing a chance to
speak and present written statements prior to their recommendation.
City Council Meeting 12-11-06 12
On December 11, 2006, the city council discussed the land use plan change. They
considered reports and recommendations from the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-
described change to the land use plan for the following reasons:
Provide for orderly development.
Protect and strengthen neighborhoods.
Promote economic development that will expand the property tax base, increase jobs
and provide desirable services.
4. Minimize the land planned for streets.
5. Minimize conflicts between land uses.
6. Prevent premature use, overcrowding, or overuse of land especially when supportive
services and facilities, such as utilities, drainage systems, or streets are not available.
7. Help to implement the goals of the comprehensive plan including:
a) The city will not approve new development without providing for adequate
facilities and services, such as street, utilities, drainage, parks, and open space.
b) Safe and adequate access will be provided for all properties.
c) Transitions between distinctly differing types of land uses should not create a
negative economic, social, or physical impact on adjoining developments.
d) Whenever possible, changes in types of land use should occur so that similar
uses front on the same street or at borders of areas separated by major man-
made or natural barriers.
e) The city coordinates land use changes with the character of each neighborhood.
f) Group compatible businesses in suitable areas.
g) Avoid disruption of adjacent or nearby residential areas.
Seconded by Councilmember Cave Ayes-All
Councilmember Rossbach
ZONING MAP CHANGE RESOLUTION 06-12-154
WHEREAS, Semper Development, representing Walgreens, applied for a change to the
city's zoning map from Limited Business Commercial (LBC) to Business Commercial (BC).
WHEREAS, this change applies to the west 253 feet of the vacant property located on
the northeast corner of Beam and White Bear Avenues (Parcel A as described in the October 5,
2006, Lot Split Boundary Exhibit).
City Council Meeting 12-11-06 13
WHEREAS, the property identification number for the property is 02-29-22-24-0004.
WHEREAS, the legal description for Parcel A is as follows:
That part of the South 284.96 feet of the South 731.5 feet of the Southeast Quarter of
the Northwest Quarter of Section 2, Township 29 North, Range 22 lying East of the
center line of White Bear Avenue, Except the part thereof described as follows:
Beginning at a point on the East line of the Southeast Quarter of the Northwest
Quarter of Section 2, Township 29, Range 22, said point being 175 feet Northerly of
the South line of said Southeast Quarter; thence Northerly 556.5 feet along the East
line; thence 354.5 feet due West; thence 350 feet due South; thence in a Southeasterly
direction to a point which is 120 feet due West of the point of beginning; thence
Northwesterly along last said line 166.75 feet to the north line of the said South
284.96 feet; thence along last said north line, South 89 degrees 19 minutes O5 seconds
West a distance of 94.73 feet; thence deflecting left 90 degrees, South 00 degrees 40
minutes 55 seconds East a distance of 284.96 feet to the east /west quarter line of
said Section 2; thence along said east /west quarter line, North 89 degrees 19 minutes
O5 seconds East to the center of said Section 2; thence northerly along the East line of
the Southeast Quarter of the Northwest Quarter of said Section 2 a distance of 175.00
feet to the point of beginning; according to the U.S. Government Survey thereof,
Ramsey County, Minnesota. Subject to the right of way for Beam Avenue and White
Bear Avenue and encumbrances as shown on an ALTA survey prepared by Houston
Engineering dated March 24, 2006. Containing approximately 67,013 square feet.
WHEREAS, the history of this change is as follows:
1. On November 20, 2006, the planning commission held a public hearing. The city staff
published a hearing notice in the Maplewood Review and sent notices to the surrounding
property owners. The planning commission gave everyone at the hearing a chance to speak
and present written statements prior to their recommendation.
2. On December 11, 2006, the city council discussed the land use plan change. They
considered reports and recommendations from the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described
change in the zoning map for the following reasons:
1. The proposed change is consistent with the spirit, purpose and intent of the zoning code
2. The proposed change will not substantially injure or detract from the use of neighboring
property or from the character of the neighborhood, and that the use of the property
adjacent to the area included in the proposed change or plan is adequately safeguarded
3. The proposed change will serve the best interests and conveniences of the community,
where applicable, and the public welfare.
4. The proposed change would have no negative effect upon the logical, efficient, and
economical extension of public services and facilities, such as public water, sewers
police and fire protection, and schools.
City Council Meeting 12-11-06 14
Seconded by Councilmember Cave Ayes-All
Repeat this review in two years if the city has not issued a building permit for this project.
Prior to issuance of a grading or building permit, the applicant must submit to staff for approval
the following items:
1) Revised grading/drainage/utility plans which comply with all city engineering department
requirements as specified in the November 20, 2006, engineering report including, but
not limited to, the granting of a right-of-way easement along White Bear Avenue and the
submittal of an escrow to the city to ensure construction of asix-foot-wide sidewalk
along the length of Beam Avenue adjacent Walgreen's development to be complete by
the city in 2008.
2) Revised site plan showing a bike rack to be located near the building entrance.
3) A revised lighting and photometrics plan which shows that the overall illumination from
outdoor lights does not exceed .4-foot-candles at all property lines.
4) Obtain a permit from Ramsey County for construction on county right-of-way for the
driveway access, utility work, and sidewalk.
5) Watershed district approval if revisions warrant a new review.
6) A cash escrow or an irrevocable letter of credit for all required exterior improvements.
The amount shall be 150 percent of the cost of the work.
c. Signage on the property is part of the design review approval and is subject to the following sign
criteria:
1) One freestanding sign to be located on the corner of Beam and White Bear Avenue.
Freestanding sign to be a maximum of 15 feet in height, 60 square feet in area, maintain
a 10-foot setback to all property lines and comply with traffic visibility requirements.
2) Two Walgreens wall signs to be located on the south and west elevation. Signs to be
constructed of individual letters with a maximum letter height of two feet and must be
centered within the manufactured limestone facade.
3) Two one-hour photo signs and two pharmacy signs to be located on the south and west
elevation. Signs to be constructed of individual letters with a maximum letter height of
1.5 feet, and must be centered within the manufactured limestone piers, above the
windows.
4) One drive-through pharmacy directional sign to be located above the standing seam
metal roof on the south elevation. Sign to be constructed of individual letters with a
maximum letter height of 1.5 feet.
5) One interior entrance tower neon sign, 22 square feet in area.
The applicant shall complete the following before occupying the building:
1) Replace any property irons removed because of this construction.
2) Provide continuous concrete curb and gutter around the parking lot and driveways.
3) Install all required landscaping and underground irrigation.
4) Screen the rooftop mechanical equipment.
5) Install all required outdoor lighting.
City Council Meeting 12-11-06 15
If any required work is not done, the city may allow temporary occupancy if:
1) The city determines that the work is not essential to the public health, safety or welfare.
2) The above-required letter of credit or cash escrow is held by the City of Maplewood for
all required exterior improvements. The owner or contractor shall complete any
unfinished exterior improvements by June 1 if occupancy of the building is in the fall or
winter, or within six weeks of occupancy of the building if occupancy is in the spring or
summer.
All work shall follow the approved plans. The director of community development may approve
minor changes.
Seconded by Councilmember Rossbach Ayes-All
M. COUNCIL PRESENTATIONS
Council Retreat
Councilmember Cave would like to see a council retreat scheduled in January and proposed the
following topics:
• Team Building
• Gladstone Phase II
• Setting Policies
• Fiscal Disparities
• Rental Property Control Ordinance
Councilmember Cave also challenged each and every Councilmember to attempt working
together as a team.
Bob Cardinal Letter-Comment from the Mayor
Mayor Longrie stated that Katie Zillmer with the Maplewood Review called her recently for
comments regarding a letter from former Mayor Bob Cardinal. As the Mayor had no knowledge
of the letter, Ms. Zillmer faxed the four page letter to Mayor Longrie. After having the
opportunity to read the letter and due to the grammar used, writing style, syntax, way things
were stated and facts in the letter, the Mayor, in her heart-of-hearts, does not believe her friend
Mr. Cardinal wrote the letter.
N. ADMINISTRATIVE PRESENTATIONS
None
O. ADJOURNMENT
Mayor Longrie adjourned at 12:35 a.m.
City Council Meeting 12-11-06 16