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02-14-2005
IN B. C. is E. F. MINUTES MAPLEWOOD CITY COUNCIL 7:02 P.M. Monday, February 14, 2005 Council Chambers, City Hall Meeting No. 05-03 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 7:02 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 Council/Manager Workshop, January 24, 2005 Councilmember Juenemann moved to approve the minutes from the January 24, 2005 City Council/Manager workshop as presented. Seconded by CouncilmemberRossbach Ayes -All 2. Minutes from City Council Meeting -January 24, 2005 Councilmember Juenemann moved to approve the minutes from the January 24, 2005 City Council Meeting January 24, 2005 as amended. Seconded by CouncilmemberKoppen Ayes -All APPROVAL OF AGENDA M1. Rush Line Corridor Task Force M2. NEST Councilmember Monahan-Junek moved to approve the agenda as amended. Seconded by CouncilmemberKoppen Ayes -All APPOINTMENTS/PRE SENTATIONS 1. Dispatch Consolidation Proposal -No Report a. City Manager Fursman presented the staff report and specifics from the report. City Council 02-14-05 b. Jim McDonough Chair of the Ramsey County Policy and Planning Committee, presented the County's position on exploring a City/County Dispatching Center consolidation. No action was taken. G. CONSENT AGENDA 1. Approval of Claims ACCOUNTS PAYABLE: $ 204,861.00 Checks # 66052 thru # 66097 dated 01/25/05 $ 263,943.83 Disbursements via debits to checking account dated 01-14-05 thru 01-20-05 $ 6,260.00 Checks # 66098 thru # 66099 dated 01/26/05 thru 01/27/05 $ 761,281.80 Checks # 66100 thru # 66165 dated 02/01/05 $ 114,216.75 Disbursements via debits to checking account dated 01/21/05 thru 01/27/05 $ 188,604.94 Checks # 66166 thru # 66217 dated 02/03/05 thru 02/08/05 $ 4,014,560.42 Disbursements via debits to checking account dated 01/28/05 thru 02/03/05 $ 5,553,728.74 Total Accounts Payable PAYROLL Payroll Checks and Direct Deposits dated $ 636,874.13 01/28/05 $ 4,162.42 Payroll Deduction check # 100345 thru # 100348 dated 01/28/05 $ 641,036.55 Total Payroll $ 6,194,765.29 GRAND TOTAL City Council 02-14-05 2 2. 2004 Fall Clean-up Results Accepted staff s 2004 Fall Clean up results report and staff s future recommendations for the 2005 Fall Clean -Up Event. 2005 Spring Clean-up Approved staff s recommendations for the 2005 Spring Clean-up event. 4. Conditional Use Permit Review — Carriage Homes of Maple Hills (Parkway Drive and Maple Hills Drive) Approved the conditional use permit for the planned unit development for the Carriage Homes of Maple Hills again only if a problem develops or of the owner proposes a major change to the site. Conditional Use Permit Review — Waldorf School (70 County Road B East) Approved to review the Conditional Use Permit for the Waldorf School at 70 County Road B East again only if the applicant proposes a change or if a problem arises. 6. Conditional Use Permit Review — Comfort Bus Company (1870 Rice Street North) Approved to review the conditional use permit for the bus maintenance and repair garage for Comfort Bus Company at 1870 Rice Street again in one year. 7. Conditional Use Permit Review — Heritage Square PUD (Legacy Parkway and Kennard Street) Approved to review the Conditional Use Permit for Heritage Square again in one year. Conditional Use Permit Review — Sandy Lake Soccer Fields (County Road B, west of I- 3 5E) Approved to review the conditional use permit for the Sandy Lake Soccer Field again in one year. 9. Conditional Use Permit Revision — Maplewood Business Center (1616 Gervais Avenue) Adopted the following resolution approving revisions to the conditions of approval for the conditional use permit for the Maplewood Business Center at 1616 Gervais Avenue: CONDITIONAL USE PERMIT REVISION RESOLUTION 05-02-012 WHEREAS, the Maplewood Community Development Director, representing the city, requested a revision to the conditional use permit for the Maplewood Business Center at 1616 Gervais Avenue. WHEREAS, this permit applies to the existing office/warehouse facility on the City Council 02-14-05 property at 1616 Gervais Avenue. The legal description is: EG Rogers' Garden Lots, subject to state highway and easements, the part north of TH 36 of Lots 11 and 12 in Section 10, Township 29, Range 22 (PIN 10-29-22-42-0001) WHEREAS, the history of this conditional use permit revision is as follows: 1. The city council held a public hearing to review this permit revision on January 24, 2005. 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. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit revision for the following reasons: 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. area. 2. The use would not change the existing or planned character of the surrounding 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. The approval of the permit revision is subject to the following conditions (the additions are underlined and the deletions are crossed out): All uses must meet the following requirements: City Council 02-14-05 a- The Minnesota Pollution Control Agency noise regulations shall apply. Tests taver-ify this shall be made by an independent testing f4m. The initial 60st shall be paid by the awaer-. if the test shows a vialation, the east E)f the test shall be paid fOF4�, b. Outdoor storage of materials will not be permitted without approval from Maplewood's Director of Community Development. 2. Occupancy permits must be obtained for each tenant space from the City Building Official as required by the State Building Code. 3. Those businesses involved with exterior vehicle storage, such as vehicle rentals or moving companies, shall have one parking space for each such vehicle, in addition to those required by City Code, on the site. 4. Adequate signing for vehicle and pedestrian traffic shall be provided, subject to the approval of the Director of Public Safety. 5. Approval of landscaping, building, and site design plans are required by the Community Design Review Board. The property owner shall have a detailed landscape and screening plan prepared for the area between the parking lot and Germain Street. This plan shall show how the new materials would provide screening that is at least six -feet -tall and at least 80 percent solid (code requirement) and landscaping should be located on both sides of the fence. This plan shall be subject to the approval of the Community Design Review Board and the owner shall implement the approved plan by July 1, 2005. 6. As part of the required design review process, the applicant shall provide a detailed drainage and grading plan which provides for the five acre-feet of ponding required by the Maplewood Drainage Plan. 8. The property owner and the property manager shall not allow garbage or trash pick-up between the hours of 11:00 p.m. and 5:30 a.m. 9. The property owner and property manager shall be responsible for the maintenance and clean up of the ponding areas on their property. 10. The property owner shall post the driveways and drive aisles as no parking zones. 11. The property owner shall review the paper distribution activities and take operational measures to reduce or eliminate noise. These measures should include but not be limited to, install rubber bumpers on the carts, train employees as to where to park and to be resbectful of adi oinina residences and maintain securitv staff to batrol during the evening and early morning hours 12. The city council shall review this permit revision in six months (July 2005). City Council 02-14-05 10. County Road D Realignment (West), City Project 02-08 — Resolution for Modification of the Existing Construction Contract, Change Order Nos. 3 and 4 Adopted the following resolution directing the modification of the existing construction contract, Change Order Nos. 3 and 4, for the County Road D west Improvements (TH 61 to Walter Street), City Project 02-08: RESOLUTION 05-02-013 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 02-08, CHANGE ORDER Nos. 3 and 4 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 02-08, County Road D Realignment (West) Improvements (TH 61 to Walter Street), and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 02-08, Change Order Nos. 3 and 4, as an increase to said contract by an amount of $73,315.35, such that the new contract amount is now and hereby established as $720,475.43. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order Nos. 3 and 4 as a contract increase in the amount of $73,315.35. The revised contract amount is $720,475.43. No revisions to the project budget are required at this time, as these changes fall within the original project scope and budget. 11. Carlton Street Improvements, City Project 03-22 — Resolution for Modification of the Existing Construction Contract, Change Order No. 1 Adopted the following resolution directing the modification of the construction contract with Park Construction by $16,709.90 for the Carlton Street Improvements, City Project 03-22, by approving Change Order No. 1: RESOLUTION 05-02-014 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 03-22, Carlton Street Improvements, Conway Avenue to Minnehaha Avenue, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 03-22, Change Order No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and City Council 02-14-05 directed to modify the existing contract by executing said Change Order No. 1 in the amount of $16,709.90. The revised contract amount is $733,236.16. No revision to the financing plan is required at this time as all items fall within the approved budget. 12. Grading of Southwind Builders Site, City Project 04-31 — Resolution for Modification of the Existing Construction Contract, Change Order No. 1 Adopted the following resolution directing the modification of the construction contract with Forest Lake Contracting, Inc. with a deduction of ($121.36) as described in Change Order No. 1 for the grading of the Southwind Builders Site, City Project 04-31: RESOLUTION 05-02-015 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 04-31, Grading of Southwind Builders Site, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 04-31, Change Order No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 1 in the amount of ($121.36). The revised contract amount is $183,317.14. No revision to the financing plan is required at this time as all items fall within the approved budget. Councilmember Koppen moved to adopt consent agenda items 1-2, 4-5, 7 and 10-12. Seconded by CouncilmemberMonahan-Junek Ayes -All Councilmember Juenemann moved to adopt consent agenda items 3, 6, 8 and 9. Seconded by CouncilmemberKoppen Ayes -All H. PUBLIC HEARINGS 7:00 p.m. 2004 NPDES Phase II Annual Report City Manager Fursman presented the report. b. City Engineer AN and Environmental Manager Konewko presented specifics from the report. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The City Council 02-14-05 following person was heard: John Schmahl, 2750 Chisholm Avenue, North St. Paul Linda Olson, Maplewood Community Design Review Boardmember d. Mayor Cardinal closed the public hearing. No action was taken. L AWARD OF BIDS Tartan Ice Arena City Manager Fursman presented the staff report. b. Parks and Recreation Director Anderson presented specifics from the report. Councilmember Monahan-Junek moved to award a bid to Commercial Refrigeration in the amount of $358,077 including bid alternate 10 plus a $15,000 contingency account and payment to Stevens Engineers for $19,000 for a total project cost of $382,077 (each agency cost shall not exceed $129,999) for refrigeration improvement. Seconded by CouncilmemberKoppen Ayes -All J. UNFINISHED BUSINESS None K. NEW BUSINESS Alcohol and Tobacco Compliance Checks — Failures City Manager Fursman presented the staff report. b. REaL Director/City Clerk Guilfoile presented specifics from the report. The following persons were heard: Mike Gengler, Owner of Gulden's, 6291 Jasmine Avenue, Mahtomedi David Warner, Sinclair Oil Corporation, 206 Mort Circle, Champlain Mayor Cardinal moved to impose the following suggested fines, implement an incentive program that includes a one-time 5% discount on the annual license fee after remaining violation free for five consecutive years (beginning January 1st, 2005) and after receiving a penalty and remaining violation free for five consecutive years (beginning January 1st 2005) the violation would be removed from the record: Councilmember Juenemann made a friendly amendment to move the proposed incentive to remove the violation off the record after remaining violation free for 5 years as a separate motion. City Council 02-14-05 Seconded by Councilmember Monahan-Junek Ayes -All 2004 Compliance Check Failures Intoxicating Liquor, Off -Sale, On -Sale, Club On -Sale, Wine On -Sale and Cigarette Licenses Business License Holder Current Cycle A=Alcohol/T=Tobacco Acapulco Mexican Restaurant A/2004 - $500 Applebee's Grill A/2004 - $500 Chalet Lounge A/2004 Current Owner $500 Chili's Restaurant A/2004 $500 Freedom Value Center T/2004 - $250 Garrity's A/2004 - $500 Gulden's A/2004 - $1,000 Keller Lake Convenience T/2004 - $250 Les's Superette T/2004 - $250 Oasis Market/White Bear A/2004 T/2004 - - $500 $500 Pond's at Battle Creek A/2004 - $500 Sinclair Station T/2004 2 Times - $750 Suzanne' Cuisine A/2004 - $1,000 Zalloum, Inc. T/2004 - $250 A-1 Liquor A/2004 - $500 Seconded by CouncilmemberRossbach Ayes -All Mayor Cardinal moved to approve an incentive that if an on -sale liquor establishment remains violation free for five consecutive years (beginning January 1st, 2005) all violations would be removed from their record. Seconded by CouncilmemberRossbach City Council 02-14-05 Ayes -Mayor Cardinal and Councilmember Rossbach Nays-Councilmember Juenemann and Monahan-Junek Abstain-Councilmember Koppen Motion failed Councilmember Monahan-Junek moved to impose a fine of $1,000 on Bleechers at 2220 White Bear Avenue for a liquor license violation. Seconded by Councilmember Rossbach Ayes -All 2. Business Registration and Life/Safety Inspection Fee City Manager Fursman presented the staff report. b. REaL Director/City Clerk Guilfoile presented specifics from the report. Fire Chief Lukin answered council questions. Councilmember Juenemann moved to begin a Business Registration Program and a Life and Safety Inspection Program with the applicable fees. Seconded by CouncilmemberRossbach Ayes -All Late Fee Penalty for Business Licenses City Manager Fursman presented the staff report. b. REaL Director/City Clerk Guilfoile presented specifics from the report. Councilmember Monahan-Junek moved to adopt the first reading of the following amendment to the Businesses and Licensing Ordinance: Ordinance No. 859 Businesses and Licensing Sec. 14-27. Amounts ^f . Fee Amounts and Penalty for Late Application and Payment. Unless otherwise specifically or expressly provided, the amount of any license fee for any license issued by the city shall be imposed, set, established and fixed by the city council, by resolution, from time to time. When a licensee or permit holder fails to make application for a renewal or to pay the required fee on or before the due date, the city will impose a penalty of $25.00 or 10% of the license fee whichever is greater of the two. Seconded by CouncilmemberRossbach Ayes -All 4. Human Relations Commission City Manager Fursman presented the staff report. b. REaL Director/City Clerk Guilfoile presented specifics from the report. City Council 02-14-05 10 Councilmember Juenemann moved to suspend the HRC for a period of 6 months and directed staff to examine the current mission statement and goals of the commission and to propose revisions to better suit the climate and diversity of the community. Seconded by CouncilmemberKoppen Ayes -All Maplewood Public Works Building Expansion (1902 County Road B East) Conditional Use Permit Revision Design Approval a. City Manager Fursman presented the staff report. b. Senior Planner Ekstrand presented specifics from the report. C. Jeff Oertel, Oertel Architects, provided further specifics on the proposed project. d. Boardmember Olson presented the Community Design Review Board Report e. Commissioner Dierich provided the Planning Commission Report. Councilmember Monahan-Junek moved to adopt the following resolutionrg anting a conditional use permit revision for 1902 County Road B East for the expansion of the Maplewood Public Works Facility: CONDITIONAL USE PERMIT RESOLUTION REVISION 05-02-016 WHEREAS, Jeff Oertel, of Oertel Architects, applied for a conditional use permit revision for the Maplewood Public Works Facility: WHEREAS, this permit applies to property located at 1902 County Road B East. The legal description is: SECTION 14 TOWN 29 RANGE 22 PART NWLY OF SOO LINE RR R/W OF FOL; EX E 196 FT OF N 283 FT; THE W 256 FT OF NE 1/4 OF NW 1/4 & PART LYING E OF W 256 FT OF N 300 FT OF W 10.55 ACRES OF PART OF SD 1/4 1/4 (SUBJ TO RD) IN SEC 14 TN 29 RN 22 WHEREAS, the history of this conditional use permit is as follows: 1. On January 20, 2005, the planning commission held a public hearing and recommended that the city council approve this permit. 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. 2. On February 14, 2005, the city council reviewed this proposal. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above- described conditional use permit based on the building and site plans. The city approved this permit City Council 02-14-05 11 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 runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions (deletions are crossed out and additions are underlined): 1. All construction shall follow the plans date-stamped December 17, 2004. The director of community development may approve minor changes. City Council 02-14-05 12 2. The proposed expansion of the facility outlined in this permit must be started within one year after city council approval or the permit shall end. The city council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. This permit allows a waiver of the parking code to allow 23 fewer parking spaces than the code allows since there is adequate parking available for the existing use and the proposed expansion. Seconded by CouncilmemberKoppen Ayes -All Councilmember Monahan-Junek moved to approve the plans date-stamped December 17, 2004 for 1902 County Road B East for the expansion of the Maplewood Public Works Facility. This approval is subject to the applicant and property owner complying with the following conditions: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Comply with all requirements of the city engineer regarding grading, drainage, erosion control and utilities. The city engineer shall also review the design of the retention pond to prevent pollution that may result from the salt storage building. Tl city engineer should address if there is any existing salt contamination and if clean up is needed. 3. Any retaining walls over four feet tall shall be designed by a structural engineer and have a protective fence on top. Staff shall approve the retaining wall and fence design if used. 4. The proposed evergreen trees shall be at least six feet tall, balled and burla 5. With any regrading of the storage yard, the yard edge must be set back at least 15 feet from the southerly lot line. 6. Provide handicap -parking spaces in accordance with the building official's requirements. 7. Comply with the requirements of the fire marshal as noted in the staff report. The director of community development may approve minor changes to these plans. 9. The following building materials and colors are to be used: the Calwall light -panel system, a cream -colored fire retardant fabric on the storage building, varied textured precast concrete tip -up panels on the maintenance building and a white colored overhead garage door. The architect shall provide a precast concrete tip -up sample for staff to approve other than the yellow sample that was provided at the CDRB meeting on January 25, 2005. Seconded by CouncilmemberKoppen Ayes -All City Council 02-14-05 13 6. Public Works Building Expansion Project, City Project 03-19 — Approve Additional Funding and Adjust Project Budget City Manager Fursman presented the staff report. b. City Engineer AN presented specifics from the report. Councilmember Koppen moved to approve an additional $100,000 from the Environmental Utility Fund and $200,000 from the Fleet Management Fund to expand the Public Works Building project budget, and directed the Finance Director to transfer the $300,000 into the project fund and to implement Option #3 as recommended by the Public Works Director for management of the Fleet Management Fund. Seconded by Councilmember Juenemann Ayes -All 7. Environmental Utility Fund — Approve Agreement with SEH for Purchase of Storm Water Management Portal City Manager Fursman presented the staff report. b. City Engineer AN presented specifics from the report. Councilmember Monahan-Junek moved to approve the agreement with SEH Inc., for the purchase of the Storm Water Management Portal and Authorized the Mayor and Manager to sign the agreement for on-going service. Seconded by CouncilmemberKoppen Ayes -All White Bear Avenue Improvements, City Project 02-21 -- Approve Resolution of Support for Ramsey County Request for Federal Funding for I-694/White Bear Avenue Interchange Preliminary Assessment and Environmental Engineering City Manager Fursman presented the staff report. b. City Engineer AN presented specifics from the report. Councilmember Koppen moved to adopt the following resolution approving support for Ramsey County in requesting federal funding for the I-694/White Bear Avenue interchange project to cover a preliminary assessment of options and environmental engineering: RESOLUTION 05-02-017 CITY OF MAPLEWOOD I-694 AT WHITE BEAR AVENUE SUPPORT OF RAMSEY COUNTY REQUEST FOR FEDERAL FUNDS WHEREAS, The City of Maplewood Council has adopted a comprehensive transportation plan for the Maplewood Mall Area Transportation Improvements, and WHEREAS, the Maplewood Mall Area Transportation System provides regional traffic services City Council 02-14-05 14 for the Northeast Metropolitan area, and WHEREAS, The White Bear Avenue Corridor between Beam Avenue and Buerkle Road is in need of substantial improvement, including replacement and expansion to meet mobility and congestion relief goals of the region that includes an expansion to the I-694/White Bear Avenue Interchange, and, WHEREAS, The City of Maplewood and the County of Ramsey have identified the need for improvement of the I-694/White Bear Avenue Interchange and the next identified task is to provide a preliminary assessment of improvement options to an interchange project along with the necessary environmental engineering analysis for the Corridor, and, WHEREAS, The County of Ramsey is proposing to request federal funding to assist with this necessary task of preliminary assessment and environmental engineering. NOW THEREFORE, BE IT RESOLVED: That the City Council of the City of Maplewood does hereby endorse the request for federal funding by Ramsey County for federal funding for the I-694/White Bear Avenue Interchange Improvement Project and encourages all parties to act favorably on the request for funding. Seconded by CouncilmemberRossbach Ayes -All 9. Resolution Authorizing City Engineer to pursue Speed Limit Change on Holloway City Manager Fursman presented the staff report. b. City Engineer AN presented specifics from the report. Councilmember Monahan-Junek moved to adopt the following resolution establishing an Urban District Segment and Speed Zone on Holloway Avenue between McKnight Road and Century Avenue: RESOLUTION 05-02-018 ESTABLISHING AN URBAN DISTRICT SEGMENT AND SPEED ZONE ON HOLLOWAY AVENUE BETWEEN MCKNIGHT ROAD AND CENTURY AVENUE WHEREAS, jurisdiction of Holloway Avenue, between McKnight Road and Century Avenue, (T.H. 120) was transferred from Ramsey County to the cities of Maplewood and North St. Paul as part of a County Road turn back in 2004, and WHEREAS, a 40 mph speed zone has existed east of Sterling Street prior to the roadway being turned over to the cities, and WHEREAS, the city council of Maplewood, jointly with the city council of North St. Paul, has determined that the above described segment meets the definition of an "urban district" as defined in Minnesota Statutes section 169.01, subdivision 59, and WHEREAS, under Minnesota Statute section 169.14, subdivision 5b, the governing body may by resolution declare the segment to be an urban district and may establish on the segment the speed limit for urban districts prescribed in subdivision 2, and; City Council 02-14-05 15 L. I" NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the above described segment be declared an "urban district" and a 30 mile per hour speed limit be established and posted on said segment according to Minnesota Statute 169.14, subdivision 2, subpart 1. BE IT FURTHER RESOLVED, that the City Engineer is hereby authorized and directed to forward a certified copy of the Resolution to the Commissioner of Transportation a minimum of 10 days prior to changing the posted speed limit signs from 40 mph to 30 mph. Seconded by CouncilmemberKoppen Ayes -All 10. Code Amendment — Pod's and Roll -Off Containers (First Reading) City Manager Fursman presented the staff report. b. Environmental Health Manager Konewko presented specifics from the report. Councilmember Koppen moved to table this item (the first reading of the Pod's and Roll'Off Containers ordinance 860). Seconded by Mayor Cardinal VISITOR PRESENTATIONS None COUNCIL PRESENTATIONS Ayes -Mayor Cardinal, Councilmembers Koppen and Rossbach Nays-Councilmembers Juenemann and Monahan-Junek 1. Rush Line Task Force-Councilmember Rossbach provided an update on the current task force projects. 2. NEST-Councilmember Koppen gave a report on NEST and encouraged continued resident use of this convenient transportation option. ADMINISTRATIVE PRESENTATIONS The council/staff retreat is scheduled for February 25th 8:30 a. m. 4:30 p.m. at the Humanities Education Center, 987 East Ivy Avenue, St. Paul. O. ADJOURNMENT Councilmember Koppen moved to adjourn the meeting at 10:45 p.m. Seconded by Councilmember Juenemann Ayes - All City Council 02-14-05 16 Agenda #K1 Corrected — See Gulden's 2004 Compliance Check Failures Intoxicating Liquor, Off -Sale, On -Sale, Club On -Sale, Wine On -Sale and Cigarette Licenses Business License Holder Prior Failures and Action Current Cycle A=Alcohol/T=Tobacco Acapulco Mexican Restaurant A/2004 - $500 Applebee's Grill A/2004 - $500 Bleechers A/2000 - $500 A/2004 - $1,000 Chalet Lounge T/2002 Previous Owner A/2004 Current Owner $500 Chili's Restaurant A/2004 $500 Freedom Valu Center T/2004 - $250 Garrity's A/2004 - $500 Gulden's A/2001- $500 A/2004 - $1,000 Keller Lake Convenience T/2004 - $250 Les's Superette T/2004 - $250 Oasis Market/White Bear T/2003 A/2004 - $500 T/2004 - $500 Pond's at Battle Creek A/2004 - $500 Sinclair Station T/2004 2 Times - $750 Suzanne' Cuisine A/2002 - $500 A/2004 - $1,000 Zalloum, Inc. T/2004 - $250 A-1 Liquor A/2004 - $500 'Ile MINUTES MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA THURSDAY, JANUARY 20, 2005 V. PUBLIC HEARING a. Maplewood Public Works Building Expansion (1902 County Road B East) (7:02 p.m.) Mr. Ekstrand said Mr. Jeff Oertel, of Oertel Architects, has submitted plans on behalf of the Director of Public Works/City Engineer for the following additions and changes to the Maplewood Public Works Facility at 1902 County Road B. 1. Construction of a 4,224 -square foot (total of both floors), two-story office addition to the northwest corner of the building. 2. Construction of a 20,240 -square -foot, one-story garage addition to the south side of the building. 3. Construction of a 9,600 -square -foot, 40 -foot -tall fabric -doomed sand/salt storage structure in the storage yard. 4. Resurfacing of the building entrance with aluminum facing to match the architectural detailing of the proposed additions. 5. Construction of a holding pond at the south end of the storage yard. 6. Relocation of the security fence and entrance gate at the north side of the storage yard to coincide with the placement of the proposed garage addition. The city has outgrown the public works facility. The existing facility is old and antiquated and does not meet the current needs of the public works department. In addition to the garage being too small for today's needs, it does not provide sufficient office space for the current employees. Currently, some equipment is stored outside of the building or in other city locations like the old Gladstone Fire Station on Clarence Street. The proposed expansion would enable the city to properly store equipment, as well as to provide the necessary environmental facilities needed for salt storage and handling. The proposed expansion is not intended to make way for additional city personnel and equipment (a concern of some residents), but to accommodate the existing needs of the city and to provide adequate equipment storage. Mr. Ekstrand said staff recommends approval of the conditional use permit as shown on page 5 of the staff report. Commissioner Trippler said the environmental committee was asked to review the redevelopment of the city hall campus at one of their meetings awhile ago. He looked over the diagrams and plans and said it appears this project fits in. He asked if all the development in this plan is in conjunction with the proposed redevelopment of the campus as staff knows it? Mr. Ekstrand said yes but Chris Cavett may have a better understanding of it. Mr. Chris Cavett, Assistant City Engineer, addressed the commission. Mr. Cavett said the city took all the information into consideration. He said the city gave the architect a copy of the comprehensive plan to make sure this fits in with what the city is trying to accomplish. Commissioner Trippler said referring to the resurfacing of the blacktop areas it didn't appear that any resurfacing work would be done. He asked if there would be resurfacing of blacktop areas done and he asked if the city looked at changing impervious surfaces to pervious surfaces? Mr. Cavett said at this time the budget won't allow for resurfacing the parking lot. The parking lot is in bad condition and as part of the comprehensive city hall plan the city may look at doing some type of demonstration pervious pavements in conjunction with the Metro Watershed District and with a grant. They probably would not resurface the entire parking lot but may do a section of the parking lot as an example in the near future. Commissioner Pearson asked if the fabric -domed sand and salt storage structure would be an open-ended structure? Mr. Ekstrand said yes it would be an open-ended structure and would face easterly and Jeff Oertel could elaborate more on the structure. Chairperson Fischer asked the applicant to address the commission. Mr. Jeff Oertel, Oertel Architects, addressed the commission. To answer Commissioner Pearson's question, the sand and salt storage structure would be open ended and face easterly. The ideal situation is to have the open end on the east because the prevailing wind comes from the northwest in the winter time. Commissioner Trippler asked if all the equipment would be stored in this facility when this project is completed? Mr. Oertel said the diesel equipment and the main operable equipmentwould be stored here and the small storage building to the east would still be used for small storage as well. Commissioner Trippler said it looks like one of the buildings for the new vehicle expansion building has a bay for washing vehicles and he wondered about the drainage system and how waste would be treated? Mr. Oertel said washing vehicles is an essential part of public works operations. Within the wash bay area there is a 3' X 5' hole in the floor with a grate over it which is about 3' feet deep. Workers can then lift the grate up and scoop the sediment out. About 2 foot up or (1 foot below the floor) there is an outlet for the run-off water to escape and flow via a pipe to the oil/water separator and out to the city sewer system. The solids get scooped out with a backhoe or vactor. This is a functional means of dealing with the run-off water from rinsing operations. Commissioner Dierich asked about recommendation A. in the staff report on page 5, bullet number 5. The sentence reads a further study be made regarding another egress and ingress other than Hazel Street. She asked staff if a study had been conducted and why the sentence was stricken. Mr. Ekstrand said in researching old records he believed a study was done regarding Hazel Street but didn't find anything that addressed it. In checking to make sure compliance was made with the old city council criteria from 1977 he trusted that was handled. Everything else he found indicated the criteria had been accomplished. Commissioner Pearson moved to adopt the resolution on attachment 6 granting a conditional use permit revision for 1902 County Road B East for the expansion of the Maplewood Public Works Facility. Approval is based on the findings required by ordinance and subject to the following conditions (deletions are crossed out and additions are underlined): • Gernpl*aRG8 With the GGFnFnUnity design review beard reGGrnmendat'GRG. • ApPFOval ef the drainage plan by the Ramsey WashingtOR Metro Watershed Di6tF!Gt. • Staff appFE)val ef tFel measures te pFevent dGWRstrearn sediment damage. fnr the pFGpese d cite • Purther study by made FegardiRg aRetheF egFess and ingFess etheF than Hazel StFeet. 1. All construction shall follow the plans date-stamped December 17 2004. The director of community development may approve minor changes. 2. The proposed expansion of the facility outlined in this permit must be started within one year after city council approval or the permit shall end The city council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. This permit allows a waiver of the parking code to allow 23 fewer parking spaces than the code allows since there is adequate parking available for the existing use and the proposed expansion. Commissioner Trippler seconded. Ayes — Ahlness, Desai, Dierich, Fischer, Lee, Pearson, Trippler The motion passed. This item goes to the city council on February 14, 2005. /t 5 L//©s DRAFT MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD�� 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, JANUARY 25, 2005 VI. DESIGN REVIEW a. Maplewood Public Works Facility Additions —1902 County Road B East Mr. Ekstrand said Mr. Jeff Oertel, of Oertel Architects, has submitted plans on behalf of the Director of Public Works/City Engineer for the following additions and changes to the Maplewood Public Works Facility at 1902 County Road B: • Construction of a 4,224 -square -foot (total of both floors), two-story office addition to the northwest corner of the building. • Construction of a 20,240 -square -foot, one-story garage addition to the south side of the building. • Construction of a 9,600 -square -foot, 40 -foot -tall fabric -domed sand/salt storage structure in the storage yard. • Resurfacing of the building entrance with aluminum facing to match the architectural detailing on the proposed additions. • Construction of a holding pond at the south end of the storage yard. • Relocation of the security fence and entrance gate at the north side of the storage yard to coincide with the placement of the proposed garage addition. Mr. Ekstrand said the proposed materials and colors are: • Office addition — champagne -colored aluminum panels and tan wall panels. • Garage addition — tan colored precast concrete tip -up panels. • Front entry refacing -champagne -colored aluminum panels. • Existing building -to be painted tan to match the additions. • Salt -storage structure -beige. Mr. Ekstrand said staff recommends approval of the design review for the Public Works Building Addition. Chairperson Longrie asked how many staff members work in the public works building? Mr. Ekstrand said there are 33 total employees in the building and of that 33 employees there are roughly 15 office personnel. Chairperson Longrie said she read the salt/storage structure would be 43 feet high and she asked staff if Maplewood had any restrictions on building height? Mr. Oertel said the design is based on the 70 mph winds plus. They have had similar buildings up for several years which have withstood the wind and there haven't been any problems with the fabric shearing or peeling apart. Board member Shankar asked when this fabric detail goes down to the ground does it meet up with a concrete slab or how does that work? Mr. Oertel said the fabric does not terminate at grade it's actually elevated above grade and there is a frame work that supports the fabric. This gives the fabric a form so every ten to twelve feet on center you see a line of support and the fabric emulates from panel to panel. The fabric goes down and is bolted to a concrete pier and above grade the fabric has a seam which runs along the base of the structure. The salt and sand mixture is held in place by either reinforced concrete of jersey barriers and that is the product that keeps the salt and sand away from the fabric. Board member Olson asked if the fabric would have a 20 -year life expectancy? Mr. Oertel said the manufacturer expectancy is 20 years. They look at this similar to a membrane roof and warranties can be put into place for 10 and 20 years. He only knows of one project in Minnesota with a fabric roof that they worked on 10 -to -12 years ago and there haven't been any problems there. He can't guarantee that the fabric would hold up that long because there has only been one other fabric roof built in the state so they have nothing to compare it to so they would have to fall back on the manufacturer warranty. Board member Shankar asked if there would be any interior lighting in the dome and if so would it transmit outside the structure? Mr. Oertel said currently they are not going to light the inside of the facility because the loaders would have head lights so the workers can see the material. As part of the overall plan they have wall -pack lights along the vehicle storage building that would provide some yard light that may be needed. This is all based on the city standard for cut off and the amount of light cast. Chairperson Longrie asked what the other product was besides the precast concrete tip -up panels that Mr. Oertel referred to. Mr. Oertel said the other sample was an exposed concrete product that was to large to bring tonight. Board member Olson asked if there was a cost difference between the exposed concrete and the precast concrete tip -up panels? Mr. Oertel said the cost is not significant. Additional costs come into play when you add design or sculptural elements on the fagade or coloring agents, but if they are in the same scope he doesn't see a cost factor. Because they are trying to conserve dollars they decided to go with complete monolithic walls without putting holes in the wall for the windows. As a part of the concept they essentially inverted the long spanning trusses to go upwards. Because they saved on the concrete wall, they were able to match the height of the existing building. The existing building has an internal clearance issue and is inadequate for current operations. trees that would flank the entrance drive. There will be about two or three evergreen trees that would be lost due to the construction but the city would be planting evergreens in other areas to balance with what is across the way to create an entrance feature. There would be a total of eight evergreens and prairie plantings on the landscaping plan. Board member Olson asked if the remaining area would be sodded or seeded? Mr. Ekstrand said it would be sodded. Chairperson Longrie asked if there would be any trees to shield the sand and salt storage building? Mr. Ekstrand said no just the prairie grasses. There really is not a place to plant trees that would screen the area for the neighbors benefit. Chairperson Longrie said she noticed a future rain garden on the plans. Mr. Chris Cavett, Assistant City Engineer addressed the board. Mr. Cavett said the rain garden would be constructed as part of the improvements to the parking lot which is in very poor condition. Chairperson Longrie asked if that would be paid for as part of the money from the Environmental Utility Fee? Mr. Cavett said if money was used from the Environmental Utility Fee that could help fund that project and the city would be looking into doing demonstrations of pervious pavement as well as look at getting some grants from the Metro Watershed District. Board member Olson said when she calculated the height of the storage building it appeared it will be taller than the public works building. Mr. Oertel said that is correct and the reason the height of the salt and sand storage building is that tall is because they anticipate the MPCA is going to enact with the assistance of the state legislature requiring all salt be loaded, mixed, stored and dumped under cover. Those loads come in big boxed semi trucks. When the end dump goes up it elevates over 30 feet high and the idea is that both in the short and long term when an end dump comes back to dump its load it can take place under cover. The salt building was designed so that it can expand to further assist the end dump load. This is a requirement that they are planning for so they can be prepared for the future. Board member Olson asked if they were concerned about any salt runoff going down into the pond? Mr. Oertel said they are always concerned about salt runoff. They have a policy to get as close to a zero point pollution as possible. The jersey barriers are set up and penned to contain the salt load and it will be contained 99.9% in the area. The engineer designed the site to minimize any runoff from the load area. Mr. Oertel said should the salt migrate, the idea is for the salt to go into the pond where there will be a clay liner to help contain the salt runoff. It's a specific design to minimize salt runoff as opposed to the way the salt is stored now. 2. Comply with all requirements of the city engineer regarding grading, drainage, erosion control and utilities. The City Engineer shall also review the design including the design of the retention pond to prevent pollution that may result from the salt storage building. The City Engineer should address if there is any existing salt contamination and if clean up is needed. 3. Any retaining walls over four feet tall shall be designed by a structural engineer and have a protective fence on top. Staff shall approve the retaining wall and fence design if used. 4. The proposed evergreen trees shall be at least six feet tall, balled and burlapped. 5. With any regarding of the storage yard, the yard edge must be set back at least 15 feet from the southerly lot line. 6. Provide handicap -parking spaces in accordance with the building official's requirements. 7. Comply with the requirements of the fire marshal as noted in the staff report. 8. The director of community development may approve minor changes to these plans. 9. The following building materials and colors are to be used: The calwall light -panel system, a cream colored fire retardant fabric to be used on the storage building, a varied textured precast concrete tip -up panels on the maintenance building and a white colored overhead garage door. The architect shall provide a precast concrete tip -up sample for staff to approve other than the yellow sample that was provided at the CDRB meeting January 25, 2005. Board member Shankar seconded. Ayes — Longrie, Olson, Shankar Board member Shankar made a friendly amendment that the architect should provide a different precast concrete tip -up sample that shall be less in yellow color than the sample provided at the CDRB meeting tonight. Chairperson Longrie made a friendly amendment under number 2. to say including the design of the retention pond to prevent pollution that may result from the salt and storage building. The motion passed. This item goes to the city council on February 14, 2005. The Ponds at Battle Creek 601 Century Avenue South Maplewood, MN 55119 February 10, 2005 Dear Mrs. Guilfoile and Maplewood City Council: I recently received your correspondence in regards to the failed compliance check that occurred at my place of business, The Ponds at Battle Creek Golf Course. I apologize for my late response, during the off-season I have my mail forwarded to my home and I just received your certified letter on February 9. Unfortunately, I have a prior commitment on February 14 and will not be able to attend the city council meeting to answer any questions that you may have. I fully understand the seriousness of this offense, but I feel I should explain the circumstances that may have affected my employee, Thomas Brockway, in his failure of the compliance check. Our facility was stolen from on two separate occasions during the 2004 golf season. The Ramsey County Sheriffs Department has both of these thefts on record. Both of these situations occurred much in the same manner as the compliance check on October 23. In one occurrence two suspects entered my business, one of the suspects distracted my staff member at the snack bar while the other one stole over $500 worth of merchandise. In the other occurrence three young suspects entered the facility, two of them attempted to distract my staff while the other one stole a $400 golf club, luckily we caught the person during the second occurrence and were able to recover my merchandise. The night of October 23 was a very cool evening, and we were not doing very much business at the golf course. Mr. Brockway had been left alone to close by himself because of it being a very slow night. Late in the golf season this is a very common situation. When the two gentlemen conducting the compliance check entered the clubhouse, Mr. Brockway greeted them and asked if they were going to hit some golf balls on our practice range. When they replied that they were not going to hit any balls, Mr. Brockway asked if he could help them with anything else. They said no and just continued looking around the clubhouse. At this point Mr. Brockway, having been told about the two previous thefts at our facility, became suspicious and fearful that the same thing that happened during the prior thefts was happening to him. When the under age person approached the snack bar and ordered a beer, Mr. Brockway felt the need to hastily serve him so he could keep an eye on the other gentleman who was out of sight standing near the front door. He did so, and after the underage gentleman brought the beer to the under cover officer, Mr. Brockway was shocked when notified of what had just occurred. Under normal circumstances I am confident we would not have failed the check, but I now realize that I must spend more time training my staff to be ready for any and all situations that may arise. As a new businessman in Maplewood, I am going to do everything I can to create something positive out of this situation and insure that we do not fail another compliance check in the future. My first year of operation at The Ponds at Battle Creek was difficult for me financially, and I am asking if there is any way I could make installments against the civil penalty of $500 to ease the blow to my finances, especially during this the off-season. Any consideration would be greatly appreciated. Respectfully, Bradley R Behnke PGA Professional