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HomeMy WebLinkAbout10-23-2000MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, October 23 2000 Council Chambers, Munici al ' Municipal Building Meeting No. 00 -22 A. CALL TO ORDER A regular meeting of the Cit Council Of Maplewood Minnesota • � was held in the Council called to order at 7:00 P.M. Chambers Municipal Building, and was , by Mayor Cardinal. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Robert Cardinal, Mayor y Present Sherry Allenspach, Councilm ember Present Kenneth V. Collins, Council member Present Marvin C. Koppen, Councilm ember Present Julie A. Wasiluk, Councilme mb er Present D• APPROVAL OF MI NUTE S : Councilmember Allens ach p moved to a rove the minutes of bresented. Meets Seconded by Councilmember ' Wasiluk Ayes - y all E. APPROVAL OF AGENDA: Councilmember Allens ach p moved to a rove the A end! as a mcnd cd: MI. Food Handling M2. Partnership M3. AMM M4. Bruentrup Farm M5. Fire Stations Seconded by Councilmemb Koppen Ayes - y all F. APPOINTMENTS / RESENTA,TIONS: None 10-23-00 20 00 1 G. CONSENT AGENDA: Councilmember Collins moved to aDprove the Consent Agenda as resented: Seconded by Councilmember Koppen Ayes - all 1. Approval of Claims Approved claims. ACCOUNTS PAYABLE $109. Checks #8391 thru #8397 dated 10/2 thru 10/4/00 $228,395.54 Checks #51673 thru #51764 dated 10 /10 /00 $872,119.62 Disbursements via debits to checkin g account dated 10/2 thru 1015100 $267.00 Check #8398 dated 10/6/00 $141,048.39 Checks #51767 thru #51848 dated 10/17/00 _ $184,3 80.49 Disbursements via debits to check ng accoUnt dated 10/06 thru 10/16/00 $1,535,538.07 Total Accounts Payable PAYROLL $309,895.79 Payroll Checks and Direct Deposits dated 10/13/00 24,422.68 Payroll Deduction check #80749 thru #80756 dated 10/13/00 $334,318.47 Total Payroll .$1,869,856.54 GRAND TOTAL 2. Ramsey County Sheriff Fright Farm -Fee Waiver -Boy Scouts Explorer Post #2 Waived the $43.00 temporary food pen fee for food to be sold by the Ramsey County Sheriff Department Explorer Post #2 at the annual Fright Farm. Monies collected for the food will be used by the Scouts for uniforms and supplies. 3. Edgerton Park Master Plan and Retaining rauer & Associates to ' g Provide Design Services Approved retaining Brauer & Associates to provide design services for g the Edgerton Park Master Plan. 4. Human Relations Commission Update Approved receipt of the Maplewood Human Relations Commission update on the activities they have undertaken to improve the human relations climate of the city. 10 -23 -00 2 5. Resolution Authorizing Soccer Grant Application Approved the following resolution authorizing submittal of a grant application for Ramse County Soccer Partners Program to light two soccer fields at Hazelwood Park: RESOLUTION 00 -10 -097 AUTHORIZING SUBMITTAL OF GRANT APPLICATION FOR RAMSEY COUNTY SOCCER PARTNERS PROGRAM AND ACCEPTING ITS TERMS WHEREAS, the Ramsey County Board of Commissioners has established the Ramsey County Y Soccer Partners Program to accelerate the acquisition and development of youth soccer facilities p in Ramsey County, WHEREAS, the City of Maplewood is directly involved in providing soccer ro rams and p g facilities for over 2,600 youth each year, AND WHEREAS, Ramsey County intends to award matching grants totaling 1 million in 2000 g , NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood Minnesota: 1. The City Council hereby authorizes staff to submit an application for the Ramsey County SOCCgr p�1�g�S p�'Q�T�'-c'� -viz +. 2. The City hereby accepts the terms of the grant program as set forth in the "Request for Grant Applications." q H. PUBLIC HEARINGS: 1. 7:00 P.M. Countryside Volkswagen (1180 Highway 36 East) Front Setback Variance Conditional Use Permit D esign Approval a. Mayor Cardinal convened the meeting for a public hearing. b. City Manager Fursman introduced the staff report. C. Director of Community Development Coleman presented the specifics of the report. d. Boardmember Matt Ledvina presented the Community Design Review Board report. ort. g p e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: 10 -23 -00 3 John Schmelz, 1180 East Highway 36, Owner /Applicant Chuck Levin, Charles Levin Architects, Architect for the Applicant Gordon Anderson, 2255 Duluth Street, Maplewood f. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution approving an 11 -foot front setback variance for.John Schmelz's ro osed addition to the Count side Volkswa en showroom at 1180 Hig_hwa, 36: RESOLUTION 00 -10 -098 VARIANCE RESOLUTION WHEREAS, Mr. John Schmelz, of Countryside 'Volkswa en/Saab � applied for a variance from g the zoning ordinance. WHEREAS, this variance applies to 1180 Highway 36 East. The legal description is: The west 105.00 feet of the east 135.00 feet of the north 30.00 feet of Block 10, Clifton Addition and vacated street accruing. The east 240.00 feet of Block 15, Clifton Addition, except the south 30.00 feet lying west of the east 135.00 feet thereof. Together with that part of vacated Cope Avenue accruing. The east 240.00 feet of that part of Block 16, Clifton Addition, lying southerly of State Trunk Highway Number 36. The west 110.00 feet of that part of Block 17, Clifton Addition, lying southerly of State Trunk Highway Number 36. The west 110.00 feet of Block 14, Clifton Addition, together with that part of vacated Cope p Avenue accruing. The west 225.00 feet of east 255.00 feet of Block 10, Clifton Addition, together with that p art of vacated Duluth Street accruing, except the south 174.00 feet and except the north 30.00 feet thereof. WHEREAS, Section 36- 28(c)(6)(a) requires buildings to be setback 30 feet from a front property line. WHEREAS, the applicant is proposing to construct his building addition with a 19 -foot and a 22- foot front setback. WHEREAS, this requires a variance of eleven feet. WHEREAS, the history of this variance is as follows: 10-23-00 4 1. On September 19, 2000, the community design review board recommended that the city council approve this variance. 2. The city council held a public hearing on October 23, 2000. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing an opportunity to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described variance for the following reasons: 1. The proposed setback would be compatible with the neighboring Ember's Restaurant which is set back 20 feet from the front lot line. The majority of the proposed VW building front elevation would have a 22 -foot setback .and the entrance vestibule would be set back 19 feet. 2. The proposed building addition would create less visual impact than the approved Menard's building addition to the west that would meet the 30 -foot front setback requirement. This approval is subject to the applicant or contractor installing a landscape area on the north side of the proposed addition that equals at least half the distance from the face of the building to property line. Councilmember Koppen moved to adopt the following resolution approving _a revision to the conditional use permit for John Schmelz at Countryside Volkswagen to add onto the Volkswagen showroom at 1180 Highwa 36: RESOLUTION 00 -10 -099 CONDITIONAL USE PERMIT REVISION RESOLUTION WHEREAS, John Schmelz applied for a conditional use permit revision to add onto the Countryside Volkswagen building. WHEREAS, this permit applies to Countryside Volkswagen at 1180 Highway 36 East. The legal description is: Subject to roads and easements; the West 110 feet of Blocks 14 and 17 and the East 240 feet of Blocks 15 and 16, Clifton Addition in Section 9, Township 29, Range 22, Ramsey County, and Except the North 30 feet; and except the South 174 feet, the West 225 feet of the East 255 feet of Block 10 and also the West 105 feet of the East 135 feet of the North 30 feet of Block 10 Clifton Addition in Section 9, Township 29, Range 22, Ramsey County. WHEREAS, the history of this conditional use permit is as follows: 10 -23 -00 1. On September 19, 2000, the community design review board recommended that the city council approve this permit. 2. On October 23, 2000, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described conditional use permit revision, 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. 10. There would not be a significant affect on the development of the parcel as zoned. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The construction of the proposed addition must be started within one year of council approval or the approval for this addition shall end. The council may extend this deadline for one year. 10 -23 -00 6 3. The city waives the required number of parking spaces, provided that all vehicles shall be parked on a paved parking lot. (This is a code requirement.) If the property owner chooses to continue parking cars in the back lot, he shall pave it to comply with city code. The property owner shall submit a paving plan to staff for approval. This plan shall include a detailed grading /drainage plan showing runoff calculations for the expanded parking area, along with recommendations by the Watershed District. Curbing may be waived if the city council in conjunction with the city engineer determines that it improves stormwater quality. 4. The property owner shall install and maintain screening along all south lot lines to meet the city code. The community design review board must review the screening plan. 5. There shall be no vehicle access, except emergency vehicles, to or from Duluth Street. 6. The' city council shall review this permit in one. year. Seconded by Mayor Cardinal Ayes - all Councilmember Koppen moved to approve the plans, date - stamped August 7, 2000, for the proposed building addition to Countrvside Volkswagen, 1180 Highwav 36. Approval is subject to the property owner doing the following. 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Paving and curbing the back lot if they wish to keep parking on the grass (code requirement). The parking lot shall be at least 20 feet from any residential property and five feet from any nonresidential property. The applicant shall submit a paving, grading and drainage plan to staff showing runoff calculations for the expanded parking lot. Curbing maybe waived if the city council approves the curbing -code change and if the city determines that waiving the curbing would improve stormwater quality. 3. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The city receives cash escrow or an irrevocable letter of credit for the required work. The amount shall be 200 percent of the cost of the unfinished work. Any unfinished landscaping shall be completed by June 1 if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. C. The city receives an agreement that will allow the city to complete any unfinished work. 4. All work shall follow the approved plans. The director of community development may approve minor changes. 10 -23 -00 7 5. The applicant shall provide a landscape area on the north side of the proposed addition at least equal to half the distance from the face of the building to the property line. p Y 6. The applicant or contractor shall remove the fencing directly in front of the building. Seconded by Mayor Cardinal Ayes - all 2. 7:20 P.M. (7:34 P.M.) Emma's Place (NW Corner of County Road B and Van Dyke Street) Conditional Use Permit (CUP) Design Approval a. Mayor Cardinal convened the meeting for a public hearing. b. City Manager Fursman introduced the staff report. C. Director of Community Development Coleman resented the specifics of the report. p p p d. Boardmember and Commissioner Matt Ledvina presented the specifics of the Community Design Review Board report and the Planning Commission report. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Nelda Rhoades Clarke, Emma's Place, Applicant Terri Cermak, Cermak Rhoades Architects, Architect for Applicant Sue Bj ork, 1849 East County Road B, Maplewood Mary Claire Ryan, 593 Sterling Street South, Maplewood Brian Alton, 951 Grand Avenue, St. Paul, Attorney for the Developer Rod Johnson, 1935 East Larpenteur Avenue, Maplewood Joan Elton, 2685 East Minnehaha Avenue, Maplewood David Elton, 2685 East Minnehaha Avenue, Maplewood Lon Sweeney, 934 Evar Street North, Maplewood Donna Brown, 1341 Pearson Drive, Maplewood Florence Sprague, 1890 Furness Street, Maplewood Cheryl Dobervich, 2523 Stillwater Road, Maplewood Margarert Chalkline, 1863 East County Road B, Maplewood Sarah Standefer, 10080 Hadley Avenue North, White Bear Lake Miriam Tschida, 2230 Van Dyke Street, Maplewood Roy Hardwick, 2182 Van Dyke Street, Maplewood Nelda Rhoades Clarke, second appearance f. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution approving a conditional use permit for a 13 -unit townhouse develo ment t the northwest corner of County Road B and Van Dvke Street: 10-23-00 g RESOLUTION 00 -10 -100 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Ms. Nelda Rhoades Clarke, of the Emma Norton Residence, applied for a conditional use permit to build a 13 -unit townhome development known as Emma's Place. WHEREAS, this permit applies to the property at the northwest corner of County Road B and Van Dyke Street. The legal description is: THE EAST 332.50 FEET OF LOTS 1 AND 2, TOGETHER WITH THAT PORTION OF THE VACATED ALLEY THAT ACCRUED TO SAID LOTS 1 AND 2 BY REASON OF THE VACATION THEREOF AND TOGETHER WITH THAT PART OF VACATED SANDHURST DRIVE THAT ACCRUED TO SAID LOT 1 BY REASON OF THE VACATION THEREOF LYING EASTERLY OF A LINE 332.50 FEET WESTERLY OF AND PARALLEL WITH THE EASTERLY LINE OF SAID LOTS 1 AND 2 ALL IN BLOCK 29, SMITH AND TAILOR'S ADDITION TO NORTH ST. PAUL, ACCORDING TO THE RECORDED PLAT THEREOF, AND SITUATED IN RAMSEY COUNTY, MINNESOTA. WHEREAS, the history of this conditional use permit is as follows: 1. On October 2, 2000, the planning commission recommended that the city council approve this permit. 2. On October 23 2000, the city council held a public hearing. City staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. 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 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. 10-23-00 9 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: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed construction must be substantially started 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 property owner shall see that the site is well maintained and properly managed. Seconded by Councilmember Wasiluk Ayes - all Councilmember Koppen said that the design approval should include the following: to work with staff regarding adding shutters, window grids and dormers, and /or staggerin g the setback of the units on the County Road B side of the building. Councilmember Koppen moved to approve the plans date - stamped September 25, 2000 for the proposed Emma's Place townhome development at the northwest corner of County Road B and Van Dvke Street. Approval is subi ect to the following conditions: 1. Repeat this review in two years if the city has not issued a building permit for this proj ect. 2. Complete the following before the city issues a building permit: a. Have the city engineer approve the final construction and engineering plans. These plans shall include grading, drainage, sidewalk, utility, driveway, parking lot and erosion control plans. These plans shall meet the following conditions: (1) The erosion control plan shall be consistent with the city code. (2) The grading plan shall include building, floor elevation and contour information for the land that the construction will disturb. 10-23-00 10 (3) All the parking areas and driveways shall have continuous concrete curb and gutter. b. The fire marshal shall review and approve the site and landscape plans to make sure that fire-safety access needs would be met. C. Submit the following for staff approval: (1) Revised building plans and elevations that include (but not limited to) adding shutters, window grids and dormers in the roof area, staggering the setback of the units from County Road B and having the second floor of the units extend out past the first floor at least one foot (to breakup the vertical face or wall of the building). (2) Alawn - irrigation plan showing the location of sprinkler heads. (3) A site lighting plan showing the light spread and fixture design. The light fixtures must have concealed lenses and bulbs to properly shield glare from the adjacent street right -of -ways and the nearby homes and residential properties. d. Have the Saint Paul Regional. Water Services (SPRWS) approve the utility plans. 3. Complete the following before occupying the buildings: a. Replace property irons that are removed because of this construction. b. Restore and sod damaged boulevards. C. Install ahandicap- parking sign for each handicap - parking space and addresses on the buildings (subject to city staff approval). d. Install and taper the concrete sidewalk along Van Dyke Street to match the driveway. e. Install and maintain all required landscaping and an in- ground lawn irrigation system for all landscaped areas (code requirement), f. Screen any roof -top mechanical equipment that would be visible from any neighborhood homes that may be placed on the commons building. g. Install continuous concrete curb and gutter along all driveways and around all open parking stalls. h. Install on -site lighting for security and visibility that follows the approved site lighting plan. All exterior lighting shall follow the approved lighting plan that shows the light spread and fixture design. The light fixtures must have concealed 10 -23 -00 11 lenses and bulbs to properly shield glare from the adjacent street right -of -ways and the nearby homes and residential properties. i. The developer or contractor shall: (1) Complete all grading for the site drainage, complete all public improvements and meet all city requirements. (2) Place temporary orange safety fencing and signs at the grading limits. (3) Remove any debris or junk from the site. 4. If any required work is not done, the city may allow temporary occupancy if i , a. The city determines that the work is not essential to the ublic health safety p � Y or welfare. b. The city receives cash escrow or an irrevocable letter of credit for the required work. The amount. shall be 200 percent of the cost of the unfinished work. Any unfinished landscaping shall be completed by June 1 if the building is occupied in the fall or winter, or within six weeks of occupancy if the building s occupied in g p the spring or summer. C. The city receives an agreement that will allow the city to complete any unfinished work. 5. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Wasiluk Ayes - all I. AWARD OF BIDS None J. UNFINISHED BUSINESS None K. NEW BUSINESS None L. VISITOR PRESENTATIONS None 10-23-00 12 M. COUNCIL PRESENTATIONS 1. Food Handling - Mayor Cardinal said he had seen an article in the paper about problems in restaurants with poor hygiene, etc. and asked staff how the city handles any p roblems of this nature for the city and if there are any records that can be made available to concerned citizens. Director of Community Development Coleman said that the city has an Environmental Health Official who makes inspections to all commercial restaurants and anyone who has a food license gets inspected at least once per year and often up to three times Y er ear. She indicated that P records are kept on all those inspections. 2. Partnership - Councilmember Wasiluk said that the Red Ribbon Parade on October 7th was well attended and fun, and on behalf of the Partnership she thanked the groups and individuals who participated in the event. 3. AMM - Councilmember Wasiluk said that she has been attending the Association of Metropolitan Municipalities General Government and Transportation Committee meetings. She the AMM lobbies legislators in the state to share concerns from the cities. She wanted to encourage the Mayor and other councilmembers to attend the AMM annual meeting. g 4. Bruentrup Farm - Councilmember Wasiluk said she attended the Bruentrup Farm fundraiser and she said it was very successful and that the Maplewood Historical Society raised $1,200. 5. Fire Stations - Councilmember Wasiluk said she attended all the fire station open houses and that some of them were more attended than others. She invited everyone on Halloween to stop by their local fire station and have a treat. N. ADMINISTRATIVE PRESENTATIONS None O. ADJOURNMENT Councilmember Wasiluk moved to adjourn the meetin at 8:37 P.M. Seconded by Councilmember Allenspach Ayes - all Karen E. Guilfoile, City Clerk 10- 23 -00, 13