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2001 09-24 City Council Packet
9 AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, September 24, 2001 Council Chambers, Municipal Building Meeting No. 01 -22 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF MINUTES 1. Minutes of Meeting 01 -19 (September 10, 2001) 2. Minutes of Special Meeting — Canvas of Primary Election 01 -20 (September 13, 2001) 3. Minutes of Special Meeting —Canvas of Primary Election 01 -21 (September 17, 2001) E. APPROVAL OF AGENDA F. APPOINTMENTS /PRESENTATIONS G. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. If a member of the City Council wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. 1. Approval of Claims 2. Pineview Estates Final Plat (County Road D) 3. Fire Department Contribution in Honor of Russ Allen 4. Public Safety Dispatcher Clarification H. PUBLIC HEARINGS 1. 7:00 Alley Vacation (next to 49 Kingston Avenue) 2. 7:10 5 -8 Club Inc. (Beau's) (2289 Minnehaha Avenue) a. Land Use Plan Amendment (Rl- to BC -M) b. Zonging May Change (R -1 to BC -M) C. Conditional Use Permit (Restaurant) d. Conditional Use Permit (Expansion of Nonconforming Use) e. Parking Lot Setback Variance f. Design Approval 3. 7:30 Schlomka Landscaping Inc. (2511 Carver Avenue) a. Conditional Use Permit (Landscaping Business in F Zone) b. Conditional Use Permit (Over -Sized Accessory Structure) I. AWARD OF BIDS J. UNFINISHED BUSINESS 1. Walgreens (1706 White Bear Avenue) 2. Receive Comments and Responses on Environmental Assessment Worksheet (EAW) for Beaver Lake Townhomes- -City File No. 01 -10 3. Consider Finding of No Significant Impact (FONSI) on Environmental Assessment Worksheet for Beaver Lake Townhomes- -City File No. 01 -10 K. NEW BUSINESS 1. Approve Purchase of Tax Forfeit Property from Ramsey County for Storm Pond Purposes at Beaumont and Larpenteur 2. Lawful Gambling License — TSE, Inc. 3. Council Meeting — Date Change L. VISITOR PRESENTATIONS M. COUNCIL PRESENTATIONS 1. 2. 3. N. ADMINISTRATIVE PRESENTATIONS 1. 2. 3. O. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call the City Clerk's Office at (651) 770 -4523 to make arrangements. Assistant Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone's opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. A. Be o I13 AGWA _. Zm N . AGENDA MAPLEWOOD CITY COUNCIL -~ ,etiora by �ouuc�# ; 7:00 P.M. Monday, September 10, 2001 Council Chambers, Municipal Building mate Meeting No. 01 -19 Endorsed Wi ed CALL TO ORDER A meeting of the City Council was held in the Maplewood Room, at the Municipal Building, and was called to order at 7:00 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE ROLL CALL Robert Cardinal, Mayor Present Sherry Allenspach, Councilmember Present Kenneth V. Collins, Councilmember Absent Marvin C. Koppen, Councilmember Present Julie A. Wasiluk, Councilmember Present APPROVAL OF MINUTES 1. Minutes of Meeting O1 -18 (August 27, 200 1) Councilmember Allenspach moved to approve the minutes of Meeting No. 01 -18 (August 27, 2001) as presented. Seconded by Councilmember Wasiluk Ayes -All E. F. 2. Minutes of Council/Manager Workshop Meeting (August 27, 200 1) ounce member Wasiluk moved to 4 minutes of Council/Manger Workshop No. 01 -18 (August 27, 2001) as presented. APPROVAL OF AGENDA M1. School District 622 and 623 M5. Bruentrup Farm M2. Police Cost Help N1. Cancellation of Budget Workshop M3. Voting Equipment Grant Account M4. Field and Park Use for Non - Residents Councilmember Koppen moved to approve the agenda as amended. APPOINTMENTS /PRESENTATIONS A moment of silence was held in remembrance of Russ Allen, a member of the Maplewood Gladstone Fire Department for over 60 years. 1 G. CONSENT AGENDA Councilmember Allenspach moved to approve the Consent Agenda items 2 -7 as presented. Seconded by Councilmember Wasiluk Ayes -All Mayor Cardinal moved to approve the Consent Agenda item 1 as presented. Seconded by Councilmember Koppen Ayes -All 1. Approval of Claims ACCOUNTS T1 AXTATIT T $196,220.63 Checks #55167 thru #55228 dated 8/28/01 $77,340.89 Disbursements via debits to checking account dated 8/21 thru 8/27/01 $320,841.82 Checks #55229 thru #55231 dated 8/30/01 $568,824.77 Checks #55232 thru #55298 dated 8/31 thru 9/4/01 $49,817.88 Disbursements via debits to checking account dated 8/28 thru 8/31/01 $1,213 Total Accounts Payable PAYROLL $343,682.64 Payroll Checks and Direct Deposits dated 8/31/01 $23,109.48 Payroll Deduction check #85487 thru #85490 dated 8/31/01 $366,792.12 Total Payroll $1,579,838.11 GRAND TOTAL 2. Amendments to the MLC Joint and Cooperative Agreement Insert Resolution 01 -09 -73 3. Livable Communities Act — 2002 Participation Adopted the following resolution for Maplewood's 2002 participation in the local Housing Incentives Program under the Metropolitan Livable Communities Act. 2 RE S OLTUION 01 -09 -74 RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 2002 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes Section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account, the Local Housing Incentive Account and the Inclusionary Housing Account is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes Section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life -cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, each city must identify to the Metropolitan Council the actions the city plans to take to meet the established housing goals through preparation of the Housing Action Plan; and WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life -cycle housing goals for each participating municipality; and WHEREAS, a metropolitan area municipality that elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and WHEREAS, for calendar year 2002, a metropolitan area city that participated in the Local Housing Incentive Account program during the calendar year 2001 can continue to participate under Minnesota Statutes Section 473.254 if (a) the city elects to participate in the Local Housing Incentives Account Program by November 15, 2001; and (b) the Metropolitan Council and the city have successfully negotiated affordable and life -cycle housing goals for the city. NOW, THEREFORE, BE IT RESOLVED THAT Maplewood elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during 2002. 4. Conditional Use Permit Review — St. Paul Business Center West (225 -255 Roselawn Avenue East) Accepted staff s recommendation to review the conditional use permit for the Saint Paul Business Center West at 225 -255 Roselawn Avenue again in five years. 5. Food Safety Month Adopted the proclamation declaring the month of September 2001 as Food Safety Month. 6. Change of Manager -- Chipotle Mexican Grill Approved the liquor license application for Mathew Alan Willius at Chipotle Mexican Grill located at 2303 White Bear Avenue. 7. Emerald Townhomes Final Plat (County Road D) Approved the Emerald Estates Townhome final plat, subject to the developer recording the plat and homeowner's association documents with the county. H. PUBLIC HEARINGS 1. 7:00 Bush Avenue Improvements, Project 01 -04 (4 Votes) A. Ordering Improvement after Public Hearing a. City Manager Fursman introduced the staff report. b. Larry Baer, TKDA, 444 Cedar Street, St. Paul, the consulting engineers for the city, presented the specifics of the report. C. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Eileen Davidson, 799 Meyer Street, Maplewood Bill Tulip Nancy Rogers, 2384 Bush Avenue, Maplewood Steve Malm, 2338 Bush Avenue, Maplewood d. Mayor Cardinal closed the public hearing. Mayor Cardinal moved to adopt the following resolution ordering the improvement of Bush Ave nue, from Stillwater Road to Bartelm Lane: RESOLUTION 01 -09 -75 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 27th day of August, 2001, fixed a date for a council hearing on the proposed improvements of Bush Avenue from Stillwater Road to B artelmy Lane, City Proj ect 01 -04, AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on September 10, 2001, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost - effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements on Bush Avenue, from Stillwater Road to Bartelmy Lane, City Project 01 -04. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 10th day of September, 2001. 3. The city engineer is designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $325,000 shall be established. The proposed financing plans is as follows: Assessments General city tax levy Total Seconded by Councilmember Koppen Ayes -All 2. 7:10 Sobriety High School Conditional Use Permit (2055 White Bear Avenue) a. City Manager Fursman introduced the staff report. b. Director of Community Development Coleman presented the specifics of the report. C. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Lorraine Fisher, Maplewood Planning Commission Lew Moran, Representing Sobriety High School Jim Czarnecki, CEO, Sobriety High School d. Mayor Cardinal closed the public hearing. Councilmember Allenspach moved to approve the following resolution approving a conditional use permit for the Sobriety high School to operate in the building at 2055 White Bear Avenue: $111,800 (34.4 %) $213,200 (65.6 %) $325,000 RESOLUTION 01 -09 -76 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mr. Lew Moran, representing Sobriety High School, is requesting that Maplewood approve a conditional use permit for a high school to operate in an existing office /warehouse building. WHEREAS, this permit applies to the property at 2055 White Bear Avenue. The legal description is: SABIN GARDEN LOTS, SUBJECT TO ROAD; EXCEPT PART OF LOTS 4, 5 & 6 BLK 6 DESCRIBED AS COM AT SW CORNER OF SAID LOT 6 THEN NELY ON WESTERLY LINE SAID LOT 6 FOR 28 FT TO BEG; THEN SELY PAR TO SOUTHERLY LINE SAID LOT 6 FOR 391.56 FT THE NELY DEF LEFT 90 DEGREES FOR 263.26 FT THEN NWLY DEF LEFT 90 DEG FOR 270.39 FT TO POINT ON WLY LINE SAID LOT 4 SAID POINT BEING 318 FT NE OF SAID SW CORNER OF SAID LOT 6 THE SWLY TO BEGINNING; THE FOLLOWING PART OF SAID LOTS 4.5 & 6 LYING SLY OF A LINE DESCRIBED AS BEGINNING AT POINT ON WL SAID LOTS 368 FT NLY FROM SW CORNER SAID LOT 6 THEN SELY TO POINT ON EL OF SAID LOT 5 SAID POINT BEING 368 FT NORTH FROM SE CORNER OF SAID LOT 6 & THERE TERMINATING (PIN 15- 29 -22 -11 -0050) WHEREAS, the history of this conditional use permit is as follows: 1. On August 20, 2001, the planning commission recommended that the city council approve this permit. 2. On September 10, 2001, 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 council approve the above - described conditional use permit based on the building and site plans. The city approves this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the Maplewood'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. R 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. The city council may waive any of the above requirements provided the council determines that the balancing of public interest between governmental units would be best served by such a waiver. Approval is subject to the following conditions: 1. All construction shall follow the plans dated July 25, 2001, as approved by the city. The director of community development may approve minor changes. 2. 'The proposed school must be started in this' location within one year after council approval or the permit shall end. The council may extend this deadline for one year. 3. The school shall have no more than 50 students. 4. The property owner or manager shall sweep and restripe the parking lot before the school occupies their space. 5. The city council shall review this permit in one year. Seconded by Councilmember Wasiluk. Ayes -All 3. 7:20 Walgreens (1706 White Bear Avenue) A. Parking Lot Setback Variances B. Parking Reduction Authorization C. Design Approval a. City Manager Fursman introduced the staff report. b. Director of Community Development Coleman presented the specifics of the report. C. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Matt Ledvina, Maplewood Community Design Review Board John Koehler, Semper Development Rose Meister, Meister Investments, 1971 N. 6 Street, N. St. Paul, MN d. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to table the requests associated with Semper Development's proposal to develop a Wal reens drugstore at 1706 White Bear Avenue: 1 3 -foot parking lot setback variance; 2) special authorization for reduced parking; and 3) overall development plans as shown on the plans date-stamped Jul 26 2001 until the September 24 7 2001 City Council Meeting. Seconded by Councilmember Wasiluk. Ayes -All I. AWARD OF BIDS J. UNFINISHED BUSINESS 1. Cody Amendment — F (Farm Residence) District (Second Reading) a. City Manager Fursman introduced the staff report. Councilmember Allenspach moved to approve the following ordinance amendment in order to allow landscaping and other similar businesses in the farm zone with a conditional use permit. ORDINANCE 814 AN ORDINANCE AMENDING THE FARM RESIDENCE DISTRICT The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This amendment adds subdivision (5) to Section 36 -52 (Farm Residence District Conditional Uses) (additions are underlined): Section 36 -52. Conditional uses. The following uses may be permitted by conditional use permit: (1) Any use allowed by conditional use in the R -1 Residence District, except that equipment and vehicles used for on -site farming or equipment and vehicles used for an on -site landscaping business, or any other similar business approved with a conditional use permit as described in Section 36 -52(5) below, shall be a permitted use. (5) As an accessory use to residential pr operty, a landscaping business, or any other similar use that is determined to be the same general character as a landscape business, if on a parcel of land which is four (4) acres or larger. Where there is a question concerning the appropriateness of a similar use as a conditional use within the farm residence district the planning commission shall review the question and forward a recommendation to the city council for final determination. The landscaping or similar type business must meet the findings for a conditional use permit as well as the following: a. No exterior storage of commercial vehicles, equipment, or material associated with the business. Storage of these items must be in an approved accessory structure that meets the findings below: 1. The accessory structure must meet the size and height requirements as sbecified in Section 36 -77 (Accessory Structures). 2. When adjacent a residential lot, the accessory structure must comply with the setback requirements specified in Section 36- 28(c)(6)(b) (Additional Design Standards) When adjacent to a commercial lot, the accessory structure must comply with Section 36 -71 and 36 -72 (Residential Side and Rear Setbacks for Accessory Structures) 3. When adjacent a residential lot, the accessory structure, and other areas of the lot where deemed necessary, shall comply with Section 36- 27(a), (b), (c), and (d) (Landscaping and Screenin b. No more than one (1) nonresident employee shall be allowed to work on the premises. C. The hours of operation are limited to 7 a.m. to 7 p.m., Monday through Saturday. Seconded by Councilmember Koppen Ayes -All 2. Code Amendment — Rezonings (Second Reading) a. City Manager Fursman introduced the staff report. Councilmember Wasiluk moved to approve the following proposed ordinance amendment changing the voting requirements for zoning code amendments and zoning map changes: ORDINANCE 815 AN ORDINANCE AMENDING THE AMENDMENTS AND CHANGES ARTICLE Section 1. This amendment revises Section 36 -484 (Council Vote Required) (additions are underlined and deletions are stricken): Section 36 -484. Council vote required. The city council may adopt and amend a zoning ordinance, including an amendment to this chapter which includes the zoning map, by a major * thirdQ vote of all its members. An exception to this requirement -is the adoption or amendment of any portion of a zoning ordinance that changes all or part of the existing classification of a zoning district from residential to commercial or industrial. In this case, the city council must approve such a change by a two - thirds majority vote of all its members. Seconded by Councilmember Koppen Ayes -All K. NEW BUSINESS 1. Deer Management Program — Update a. City Manager Fursman introduced the staff report. b. Community Oriented Services Director Colleen Callahan the specifics of the report. Councilmember Koppen moved to accept the report on deer management. Seconded by Councilmember Wasiluk Ayes -All 2. Bush Avenue Improvements, Project 01 -04 A. Approving Plans and Advertising for Bids B. Ordering Preparation of Assessment Roll C. Ordering Assessment Hearing a. City Manager Fursman introduced the staff report and presented the specifics of the report. Councilmember Koppen moved to adopt the following resolutions for the Bush Avenue Improvements, Project 01 -04: RESOLUTION 01 -09 -77 APPROVING PLANS AND ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on September 10, 2001, plans and specifications for Bush Avenue Improvements, Project 01 -04, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10 a.m., on the 5th day of October, 2001, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of October 8, 2001. RESOLUTION 01 -09 -78 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the improvement of Bush Avenue, from Stillwater Road to Bartelmy Lane, City Project 01 -04. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. 10 RESOLUTION 01 -09 -79 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the engineer have, at the direction of the council, prepared an assessment roll for the construction of Bush Avenue, from Stillwater Road to Bartelmy Lane, City Project 01 -04, and the said assessment is on file in the office of the city clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 8th day of October, 2001, at the city hall at 7 p. m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and that written or oral objections will. be considered. 4. Ripley Avenue Improvements, VanDyke Street to White Bear Avenue, Project 99 -12 A. Approving Plans and Advertising for Bids a. City Manager Fursman introduced the staff report and presented the specifics of the report. Councilmember Koppen moved to adopt the following resolution to Approve Plans and Advertising for bids for the Ripley Avenue Improvements. RESOLUTION 01 -09 -80 APPROVING PLANS and ADVERTISING FOR BIDS - WHEREAS, pursuant to resolution passed by the city council on July 26, 2001, plans and specifications for Ripley Avenue, from White Bear Avenue to VanDyke Street, Project 99 -12, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten 11 days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10 a.m., on the 5th day of October, 2001, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of October 8, 2001. 4. Water Commission Appointments a. City Manager Fursman introduced the staff report and presented the specifics of the report. The council supported City Manager Fursman's stand on the Water Commissions Appointments and recommend he continue to pursue his plans. 5. Set Budget Hearing Dates for 2002 Budget a. City Manager Fursman introduced the staff report and presented the specifics of the report. Councilmember Collins moved set the budget hearing date for Monday, December 10th at 7:00 .m. Seconded by Councilmember Allenspach. Ayes -All 6. Set Date - Canvass of Election a. City Manager Fursman introduced the staff report and presented the specifics of the report. Councilmember Wasiluk moved to set a special meeting on Thursday, September 13, at 5:00 p.m. in the Council Chambers for the purpose of certifying the results of the election. Seconded by Councilmember Koppen. Ayes -All L. VISITOR PRESENTATIONS None M. COUNCIL PRESENTATIONS 1. School District 622 and 623 Invitations were sent out to the districts inviting them to a meeting. There has been no response as of yet. 12 2. Police Cost Help —Mayor Cardinal explained the specifics of a Police Corp program that returns $10,000 in salary costs to train Police Officers. 4. Voting Equipment Grant The city is currently in the process of applying for these grant dollars. 5. Field and Park Use for Non-Residents—Citizens pay taxes for park use, and permits are required to use the field. The city should be contacted if a resident notices use without a permit. 6. Bruentrup Farm An open house will be held September 22, 11:00 -3:00. N. ADMINISTRATIVE PRESENTATIONS 1. The budget workshop for September 17, 2001 has been cancelled since the council has adopted the levy limitation. Councilmember Koppen moved to cancel the Budget Workshop for September 17, 2001 Seconded by Councilmember Wasiluk. Ayes -All 2. Mayor Cardinal invited everyone to tour the dispatch center with him. O. ADJOURNMENT Councilmember Allenspach moved to adjourn at 9:25 p.m. 13 A. B. W— �`: Vim' AGMA IUM N MINUTES _. MAPLEWOOD CITY COUNCIL SPECIAL MEETING — CANVAS OF PRIMARY ELECTIOXtion y C ouncil 5:00 P.M., Thursday, September 13, 2001 Council Chambers, Municipal Building Date Meeting No. 01 -20 Endorsed Modified Rejected ' CALL TO ORDER: A special meeting of the City Council was held in the Council Chambers, at the Municipal Building, and was called to order at 5:00 P.M. by Mayor Cardinal. ROLL CALL Robert Cardinal, Mayor Sherry Allenspach, Councilmember Kenneth V. Collins, Councilmember Marvin C. Koppen, Councilmember Julie A. Wasiluk, Councilmember Others Present: City Manger Richard Fursman Karen Guilfoile City Clerk CANVAS OF PRIMARY ELECTION Present Present Absent Present Present State Statute directs, on or before the second day following the primary election, the governing body acting as a canvassing board shall canvass the returns of the election. Mayor Cardinal moved to approve the following resolution declaring the results in the September 11, 2001 Primary Election: RESOLUTION 01 -09 -81 CANVASS OF ELECTION RESOLVED, that the City Council of Maplewood, Ramsey County, Minnesota, acting as a canvassing board on September 13, 2001, hereby declares the following results in the September 11, 2001 Primary Election. OFFICE OF MAYOR: Robert `Bob" Cardinal Fran Grant Richard "Dick" S eppala 1195 239 923 1 COUNCIL MEMBER: Sherry Allenspach 623 Lu Aurelius 293 Rick Betz 216 Debbie Birkholz 129 Lori J. Colliander 434 Kathleen A. "Kathy" Juenemann 567 Diana Longrie -Kline 444 Marvin C. Koppen 759 Joseph Polencheck 121 Jan Steiner 440 Bob Zick 406 Seconded by Councilmember Allenspach Ayes -All ADJOURNMENT Mayor Cardinal moved to adj ourn the meeting at 5: 10 P.M. Seconded by Councilmember Allenspach Ayes — All 2 AGENDA rM4 NO.....L 3 MINUTES k MAPLEWOOD CITY COUNCIL Action by Council SPECIAL MEETING CANVAS OF PRIMARY ELECTIO 5:00 P.M., Monday, September 17, 2001 Date Council Chambers, Municipal Building Endorsed Meeting No. 01 -21 Modified Rejected A. CALL TO ORDER: A special meeting of the City Council was held in the Council Chambers, at the Municipal Building, and was called to order at 5: ,,00 P.M. by Mayor Cardinal. B. ROLL CALL Robert Cardinal, Mayor Sherry Allenspach, Councilmember Kenneth V. Collins, Councilmember Marvin C. Ko pp en, Councilmember Julie A. Wasiluk, Councilmember Present Present Absent Present Present Others Present: City Manger Richard Fursman Karen Guilfoile City Clerk Diana Longrie -Kline Kathy Juenemann C. CANVAS OF PRIMARY ELECTION After a recount of an election, the canvassing board shall declare the results of the election for the office in question. Councilmember Koppen moved to approve the following resolution declaring the results in the recount in the office of Councilmember: RESOLUTION 01 -09 -82 CANVASS OF ELECTION RESOLVED, that the City Council of Maplewood, Ramsey County, Minnesota, acting as a canvassing board on September 19, 2001, for a recount of the office of Councilmember hereby declares the following results. COUNCIL MEMBER: Diana Longrie -Kline 445 Jan Steiner 440 1 Seconded b Councilmember Wasiluk Ayes -All y y D. ADJOURNMENT Mayor Cardinal moved to adjourn the meeting at 5:12 P.M. Seconded by Councilmember Allenspach Ayes -- All 2 AGENDA NO. G -1 AGENDA REPORT Action by Council TO: City Council ' Date FROM: Assistant Finance Director Endorsed x Modified RE: APPROVAL OF CLAIMS Rejected DATE: September 17, 2001 Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and authorized payment in accordance with City Council approved policies. ACCOUNTS PAYABLE $265 $168,853.18 $321.30 $203,677.61 $144,891.36 Checks #55299 thru #55372 dated 9/12/01 Disbursements via debits to checking account dated 9/4 thru 9/10/01 Checks #55373 thru #55375 dated 9/13/01 Checks #55 376 thru #55440 dated 9/18/01 Disbursements via debits to checking account dated 9/11 thru 9/17/01 $782,805.09 Total Accounts Payable PAYROLL $335,528.30 Payroll Checks and Direct Deposits dated 9/14/01 $27,365.12 Payroll Deduction check #85631 thru #85637 dated 9/14/01 $362,893.42 Total Payroll $1,145,698.51 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 770 -4513 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. hu Attachments SAAGENDMAKL0117.SEP vchlist Check Register Page: 1 09/12/2001 10 :44:42AM City of Maplewood Check Date 55299 9/11/01 55300 9/11/01 55301 9/11/01 55302 9/11/01 V endor Description /Account 00071 00111 00174 01811 ALL GOALS INC. ANIMAL CONTROL SERVICES, INC. BELDE, STAN BERNATELLO'S PIZZA INC 16' SOCCER GOAL CROSSBAR PATROL & BOARDING FEES MEALS & LODGING 8/26 TO 8/29 MERCH FOR RESALE MERCH FOR RESALE APPRAISAL SERVICES 4" CONCRETE WALK, CURB, & GUTTER LUNCH - TRAINING REPAIR BALL FIELDS LIGHTS - GOODRI( CREDIT INVOICE #44718 REPAIR EQUIPMENT PREVENTIVE MAINT - 6/1 TO 8/31 HYDRAULIC FLUID REPAIR POLICE VEH #946 HEAD INSTRUCTOR DRAMA CLASS UPGRADE SOFTWARE - EQUIPMENT LAMONT CRANSTON BAND DEPOSIT COMPUTER -GRADE CARPET & BASE M TILE FLOORING FOR POLICE LUNCHRO( MEALS & MILEAGE 8/24 LODGING FOR K -9 SOFTBALL UMPIRING SRVS 8/ 5 TO 8/30 LUNCH - TRAINING LUNCH - TRAINING TUITION AND BOOKS PLANTS INTERPRETER SERVICE AUG 1,3 & LOCAL PHONE SRV 7/16 TO 8/15 MAINTENANCE SUPPLIES SOCCER SUPPLIES SOCCER CONES MONTHLY SAC - AUG REGISTRATION FEE FOR 7 CHIEFS MONTHLY SURTAX - AUG DNR FEES MILEAGE 7/3 TO 8/31 MAPLEWOOD IN MOTION - SEPT CONCRETE TRAILER & MIX REF SOO B LEE - ESCROW 1954 DIETE REF NICOLE CAMPBELL - PERS SRV IN REF LISA HEATHCOTE - SOCCER REF BILLI JO WOLFF - GOLF REF HOLLY WILLIAMS - SWIM REF NICOLE ZUK - PROGRAM REF ELAINE HASSINGER - SWIM REF NAOMI FAMILY CENTER - GROUP REF CLAY SCHULTZ - CHILDCARE REF AMERICAN FAMILY INS - OVERPAY STATION SUPPLIES CORE DRILL STA 12 WET WELL RESET TANK MONITOR COMMERCIAL SANDCARVED SIGN CAR WASH MERCH FOR RESALE 55303 9/11/01 00189 55304 9/11/01 02180 55305 9/11/01 00262 55306 9/11/01 00310 55307 9/11/01 00340 55308 9/11/01 00374- 55309 9/11/01 00415 55310 9/11/01 00422 55311 9/11/01 00449 55312 9/11/01 00547 55313 9/11/01 00622 BETTENDORF ROHRER KNOCHE WALL C R FISCHER AND SONS INC CARLE, J EAN ETTE COMMONWEALTH ELECT OF MN, INC. CRAMER BUILDING SERVICES DANKO MUNICIPAL.EMERGENCY; SRVS DON'S PAINT & BODY SHOP DRAMA KIDS, THE EDEN SYSTEMS, INC. G.L. BERG & ASSOCIATES ENTERTA HAMERNICK DECORATING CENTER 55314 9/11/01 02158 HANSEN, LORI 55315 9/11/01 00668 HIEBERT, STEVEN 55316 9/11/01 00721 INDEPENDENT SPORTS NETWORK 55317 9/11/01 00748 JAGOE, CAROL 55318 9/11/01 01835 JOHNSON, BONNIE 55319 9/11/01 00821 KVAM, DAVID 55320 9/11/01 00843 LANDSCAPE ALTERNATIVES 55321 9/11/01 02181 LAVALLEY, CRIS M 55322 9/11/01 01819 MCLEOD USA 55323 9/11/01 01610 METAL DOCTOR, THE 55324 9/11/01 00977 METRO ATHLETIC SUPPLY 55325 9/11/01 00986 METROPOLITAN COUNCIL 55326 9/11/01 01060 MINN STATE FIRE CHIEFS ASSOC 55327 9/11/01 01028 MN STATE TREASURER STAX 55328 9/11/01 00395 NATURAL RESOURCES, DEPT OF 55329 9/11/01 01156 NELSON, J EAN 55330 9/11/01 01202 NYSTROM PUBLISHING CO INC 55331 9/11/01 01206 OAKDALE RENTAL CENTER 55332 9/11/01 00001 ONE TIME VENDOR 55333 9/11/01 00001 ONE TIME VENDOR 55334 9/11/01 00001 ONE TIME VENDOR 55335 9/11/01 00001 ONE TIME VENDOR 55336 9/11/01 00001 ONE TIME VENDOR 55337 9/11/01 00001 ONE TIME VENDOR 55338 9/11/01 00001 ONE TIME VENDOR 55339 9/11/01 00001 ONE TIME VENDOR 55340 9/11/01 00001 ONE TIME VENDOR 55341 9/11/01 00001 ONE TIME VENDOR 55342 9/11/01 02096 PETERSON, TED 55343 9/11/01 02182 PROSPECT DRILLING & SAWING 55344 9/11/01 01313 PUMP AND METER SERVICE, INC. 55345 9/11/01 01358 REDWOOD SIGNS 55346 9/11/01 01359 REGAL AUTO WASH DETAIL 55347 9/11/01 01360 REINHART FOODSERVICE Amount 149.10 810.87 377.19 80.40 361.80 750.00 1,765.80 8.00 147.50 - 161.75 2 443.00 197.28 777.37 1,800.00 812.50 800.00 3,595.00 5,610.00 24.10 47.93 3,506.10 8.00 6.97 478.20 30.42 700.00 3,863.97 215.79 559.64 55.75 15,939.00 945.00 2 254.00 64.58 6,883.33 116.09 1,024.11 111.00 91.00 83.00 40.00 38.00 30.00 22.20 17.26 5.00 96.66 311.00 121.66 159.75 239.37 255.88 vchlist 09/12/2001 10:44:42AM Check Register City of Maplewood Page: 2 Check Date Vendor Description /Account Amount 55348 9/11/01 02184 RELIANCE DEV CORP REF GRADING ESC - 2303 WHITE BEAR 5,281.78 55349 9/11/01 01387 ROSSINI, DR. JAMES PHYSICAL FITNESS PROGRAM - AUG 100.00 55350 9/11/01 01418 SAM'S CLUB DIRECT MERCH FOR RESALE 175.60 55351 9/11/01 02088 SHINGOBEE BUILDERS INC REF GRADING ESCROW -1747 BEAM A 7,226.16 55352 9/11/01 01466 SKYHAWKS SPORTS ACADEMY INSTRUCTORS FOR SPORTS CLINICS 3,488.40 INSTRUCTORS FOR SPORTS CLINIC 1 55353 9/11/01 01491 SPECIALTY RADIO SERVICES RADIO BATTERIES 221.52 55354 9/11/01 01504 ST PAUL, CITY OF MEDICAL SUPPLIES 1,860.59 55355 9/11/01 01537 STREAMLINE DESIGN INC. PROGRAM SHIRTS 27.85 PROGRAM SHIRTS 2 55356 9/11/01 01550 SUMMIT INSPECTIONS ELECTRICAL INSPECTIONS 4 55357 9/11/01 01552 SUNRAM CONSTRUCTION, INC. REF GRADING ESC 2575 -2 CARVER AV 1,017.53 55358 9/11/01 01574 T.A. SCHIFSKY & SONS, INC PROJ 00 -05 GLADSTONE WEST - PYMT ; 164,130.79 55359 9/11/01 01574 " ' T.A. SCHIFSKY & SONS, INC 'VARIOUS BITUMINOUS MATERIALS NO 1 8.10 TONS BITUMINOUS MCC PRKG LO 244.56 55360 9/11/01 01669 TWIN CITIES TRANSPORT & TOW FORFEITURE VEH 114.55 55361 9/11/01 01693 U.S. POSTAL SERVICE REPLENISH POSTAGE METER 3,000.00 55362 9/11/01 01739 UNITED RENTALS INC #229 SEAL COAT PROJECT 01 -05 723.00 55363 9/11/01 02165 URS / BRW INC PROJ 01 -11 MPWD MALL TRAFFIC STUD 2 55364 9/11/01 01709 VASKO RUBBISH REMOVAL TRASH REMOVAL - AUG & SEP 1 55365 9/11/01 01712 VENBURG TIRE CO. TIRE REPAIR 12.00 55366 9/11/01 02183 VIETOR,. LORRAINE LUNCH - TRAINING 8.00 55367 9/11/01 01734 WALSH, WILLIAM P. COMMERCIAL PLUMBING INSPECTIONS 989.00 55368 9/11/01 01750 WATSON CO INC, THE MERCH FOR RESALE 158.78 55369 9/11/01 01828 WEAVER, KRIS A MILEAGE & MEALS -TRAINING 8/23 & 28 28.83 55370 9/11/01 02185 WENZEL MECHANICAL REF GRADING ESC - 1748 -2 MCMENEM 1 55371 9/11/01 01764 WESTLING, TOM HEAD TENNIS INSTRUCTOR 691.25 55372 9/11/01 01798 YOCUM OIL CO. FUEL 46.47 74 Checks in this report Total checks : 265,061.64 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 08/31/01 09/04/01 U.S. Treasurer Federal Payroll Tax 77,945.00 09/04/01 09/05/01 MN State Treasurer Drivers License #697 668.50 09/04/01 09/05/01 MN State Treasurer Deputy Registrar #149 19,072.92 08/31/01 09/05/01 MN State Treasurer State Payroll Tax 14 08/31/01 09/05/01 CBSA Dental Claims 1 09/05/01 09/06/01 MN State Treasurer Drivers License #697 648.00 09/05/01 09/06/01 MN State Treasurer Deputy Registrar #149 16 09/06/01 09/07/01 MN State Treasurer Drivers License #697 756.00 09/06/01 09/07/01 MN State Treasurer Deputy Registrar #149 20,855.02 08/31/01 09/07/01 WI Dept of Revenue State Payroll Tax 2 09/07/01 09/10/01 MN State Treasurer Drivers License #697 773.50 09/07/01 09/10/01 MN State Treasurer Deputy Registrar #149 13,271.08 TOTAL 168, 853.18 3 vehlist Check Register Page: 1 09/14/2001 11:12:53AM City Hof Maplewood Check Date Vendor Description /Account Amount 55373 9/13/01 02189 BURGESS, JOHN PAYROLL CHECK 8/25 TO 9/7/01 57.02 55374 9/13/01 02190 FONTAINE, KIM PAYROLL CHECK 8/25 TO 9/7/01 42.67 55375 9/13/01 02191 GREENWALT, SARAH PAYROLL CHECK 8/25 TO 9/7/01 221.61 55376 9/18/01 00049 ADT SECURITY SERVICES 9/1/01 TO 8/31/02 SECURITY SERVICE 5 55377 9/18/01 00109 ANDON INC. HELIUM SERVICES 54.73 55378 9/18/01 00111 ANIMAL CONTROL SERVICES, INC. PATROL & BOARDING FEES 622.02 55379 9/18/01 00159 BARTZ, PAUL MEALS - TRAINING 7/23 TO 7/29 23.03 MEALS - TRAINING 8/5 TO 8/11 7.94 MEALS - TRAINING 8/12 TP 8/18 33.60 MEALS - TRAINING 8/19 TO 8/25 37.72 MEALS - TRAINING 8/26 TO 9/1 31.82 MEALS - TRAINING 9/2 TO 9/6 189.05 MEALS - TRAINING 7/29 TO 8/1 18.07 55380 9/18/01 00186 BEST SOFTWARE, INC. FAS SUITE SOFTWARE TRADE -UP - TA 2 55381 9/18/01 00240 C.S.C. CREDIT SERVICES FEES FOR SERVICE 70.00 55382 9/18/01 00265 CARLSON TRACTOR & EQUIP. CO. VICON FERTILIZER SPREADER, MODEL 3 55383 9/18/01 00280 CENTRAL STORES OFFICE SUPPLIES 76.67 55384 9/18/01 00330 COPY SERVICE CORP. SERVICE CONTRACT 156.09 55385 9/18/01 00346 CROSSON, LINDA MILEAGE 7/24 TO 8/30 28.98 55386 9/18/01 00358 D & D TOWING SERVICE INC. TOW CHIEF VEHICLE 53.25 TOW TRAINING VEHICLE 53.25 TOW DRILL CAR 53.25 TOW FORFEITURE 94.55 TOW FORFEITURE 94.55 TOW POLICE VEHICLE 53.25 TOW FORFEITURE 94.55 55387 9/18/01 00384 DE LAGE LANDEN FINANCIAL SRVS COPY MACHINE - STATION 2 316.31 55388 9/18/01 02187 DELANEY, BARB WORKSHOP INSTRUCTOR 550.00 55389 9/18/01 00535 FRANSSEN, MARY ANN CLOWN - 2 MIDSUMMER NIGHTS 120.00 55390 9/18/01 00612 GYM WORKS INC `PREVENTATIVE MAINT - SEPT 586.27 55391 9/18/01 00619 HAKSETH, NATHAN REIMBURSE - BLDG CONST CLASS 258.75 55392 9/18/01 00649 HEFFERNAN, PATRICK EQUIP & SUPPLIES 111.17 55393 9/18/01 00677 HOME DEPOT - GECF JANITORIAL ITEMS 12.30 55394 9/18/01 00716 IKON OFFICE SOLUTIONS REPAIR FAX MACHINE 130.28 55395 9/18/01 00718 INDEPENDENT SCHOOL DIST. #622 DRIVING SCHOOL FOR RESERVE OFFIC 87.50 55396 9/18/01 01894 KELLY & FAWCETT PA LEGAL SERVICES - AUG 12,992.36 PROSECUTION RETAINER FEE - AUG 5 55397 9/18/01 00827 L.M.C.I.T._ 7/2000 TO 7/2001 AUDIT ADJ WORK COM 3 55398 9/18/01 00857 LEAGUE OF MINNESOTA CITIES 2001 -2002 MEMBERSHIP DUES 15 55399 9/18/01 00888 M/A ASSOCIATES 10" WASHER 31.93 55400 9/18/01 00932 MAPLEWOOD BAKERY BIRTHDAY CAKE 57.00 BIRTHDAY CAKES 85.50 BAKERY ORDERS - AUG 505.43 55401 9/18/01 02188 MARS, SCOTT MUSICAL ENTERTAINMENT 85.00 55402 9/18/01 00998 MIDWEST COCA -COLA BOTTLING CO. MERCH FOR RESALE 252.40 MERCH FOR RESALE 190.35 MERCH FOR RESALE 263.60 55403 9/18/01 01051 MN OCCUPATIONAL HEALTH PRE -EMPL PHYSICALS 1,163.00 55404 9/18/01 00395 NATURAL RESOURCES, DEPT OF DNR FEES 67.00 55405 9/18/01 00001 ONE TIME VENDOR REF BRIAN HUSTOLE - DEPOSIT RENTA 300.00 55406 9/18/01 00001 ONE TIME VENDOR REF JERRY BROWN - STATE TOURNEY 125.00 55407 9/18/01 00001 ONE TIME VENDOR REF TOM CARDENAS - STATE TOURNE 125.00 55408 9/18/01 00001 ONE TIME VENDOR REF BILLY'S ON GRAND - STATE TOURN 125.00 55409 9/18/01 00001 ONE TIME VENDOR REF GAIL SAVARD - 01009199 AMB 121.79 d vch I ist : w .n; •,a.r av ,r rs; rnuasww�xsn+mrtttrsiPermF- wx: it •;vierivm 1N149hf!l C9tµ71filY}HihyRtf ETI71'RM: is 1 tlKRM^ R✓aNq*1tlWPfM0ll�yyglMIWAWWYN6IM #AN91Q1lIW1N 11 1RMNM I wl Check Register Page: 2 09/14/2001 11:1253AM Ci • ty of Maplewood Check Date Vendor Description /Account Amount 55410 9/18/01 00001 ONE TIME VENDOR REF DENNIS KASSEN - DAY CAMPS 110.00 55411 9/18/01 00001 ONE TIME VENDOR BILL CAPOCASA - STATE TOURNEY 110.00 55412 9/18/01 00001 ONE TIME VENDOR REF STRECH CONVERSE- STATE TOUR 110.00 55413 9/18/01 00001 ONE TIME VENDOR REF RICHARD ROESER - DAY CAMP 95.00 55414 9/18/01 00001 ONE TIME VENDOR REF GINA WOOD - SWIM 40.00 55415 9/18/01 00001 ONE TIME VENDOR REF HEIDI SPAGENSKI - SWIM 40.00 55416 9/18/01 00001 ONE TIME VENDOR REF NANCY RUE - TENNIS 35.00 55417 9/18/01 00001 ONE TIME VENDOR REF DIANE ELLIOTT - MEMBERSHIP 25.00 55418 9/18/01 01311 P.E. R.A. ER ID #6120-00 - 09/14/01 P/R 36,801.70 55419 9/18/01 02103 PINK BUSINESS INTERIORS INC FIRE STATION OFFICE & ROOM FURNISI 2,808.38 FIRE STATION OFFICE & ROOM FURNISI 1 FIRE STATION OFFICE & ROOM FURNISI 465.00 FIRE STATION OFFICE & ROOM FURNISI 32 55420 9/18/01 01267 PIONEER PRESS MCC ADVERTISING 1 55421 9/18/01 . 01337 RAMSEY COUNTY -PROP REC & REV RECORDS FOR WALGREENS 11.00 RECORDS FOR WALGREENS 8.00 55422 9/18/01 01359 REGAL AUTO WASH DETAIL CAR WASHES 162.80 55423 9/18/01 01360 REINHART FOODSERVICE MERCH FOR RESALE 407.26 MERCH FOR RESALE 205.87 55424 9/18/01 00069 RISK MANAGEMENT ALTERNATIVES PAYMENT FOR PRE - COLLECT 73.00 55425 9/18/01 01371 ROAD RESCUE, INC. STROBE LIGHT 18.75 55426 9/18/01 01384 ROSEVILLE FIRE GROUND ACCT NAME TAGS 16.50 55427 9/18/01 01418 SAM'S CLUB DIRECT MISC SUPPLIES 477.11 55428 9/18/01 02192 SCHINDELDECKER, JIM SAFETY TOED BOOTS 165.00 55429 9/18/01 01463 SISTER ROSALIND GEFRE MASSAGES - AUG 1 55430 9/18/01 01468 SLABA, JACLEE FACE PAINTING 120.00 55431 9/18/01 01504 ST PAUL, CITY OF CRIME LAB SERVICES - AUG 275.00 55432 9/18/01 01526 STATE TREASURER FIRE CODE CLASS 60.00 55433 9/18/01 01538 STREICHER'S SQUAD EQUIP INSTALL 3153.49 SQUAD EQUIP INSTALL 2 SQUAD EQUIP INSTALL 86,94 55434 9/18/01 01560 SUPERIOR SERVICES INC RECYCLING - JUL 14,738.23 55435 9/18/01 01567 SVENDSEN, RUSTIN MEALS/TAXI 8/23 TO 8/27 667.61 55436 9/18/01 01699 UNIVERSITY OF MINNESOTA APPLYING JOB ANALYSIS COURSE 315.00 55437 9/18/01 01979 VANDERPOOL, MARY DEMONSTRATOR - WORKSHOP 100.00 55438 9/18/01 01750 WATSON CO INC, THE MERCH FOR RESALE 119.72 55439 9/18/01 01190 XCEL ENERGY MONTHLY UTIL - STMT DATE 9/6/01 45 55440 9/18/01 01807 ZWIEG, SUSAN LAMP & POP FOR OPEN HOUSE 392,87 68 Checks in this report Total chocks: 203 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement D. at_e D_ ate_ Payee Description 09/10/01 09/11/01 MN State Treasurer Drivers License #697 09/10/01 09/11 /01 MN State Treasurer Deputy Registrar #149. 09/07/01 09/11/01 CBSA Dental Claims 09/11/01 09/12/01 MN State Treasurer Drivers License #697 09/11/01 09/12/01 MN State Treasurer ( Deputy Registrar #149 09/12/01 09/13/01 MN State Treasurer Drivers License #697 09/12/01 09/13/01 MN State Treasurer Deputy Registrar #149 09/13/01 09/14/01 MN State Treasurer Drivers License #697 09/13/01 09/14/01 MN State Treasurer Deputy Registrar #149 09/14/01 09/17/01 MN State Treasurer Drivers License #697 09/14/01 .09/17/01 MN State Treasurer Deputy Registrar #149 09/14/01 09/17/01 U.S. Treasurer Federal Payroll Tax TOTAL Amount 590.00 17,751.96 834.00 654.00 22,142.75 532.00 10,200.73 384.25 9,717.65 531.50 7,507.55 74,044.97 144,891.36 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 7 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 09/14/01 ALLENSPACH, SHERRY 339.27 dd 09/14/01 COLLINS, KENNETH 339.27 dd 09/14/01 KOPPEN, MARVIN 339.27 dd 09/14/01 MCGUIRE, MICHAEL 197.48 dd 09/14/01 DOLLERSCHELL, ROBERT 251.25 dd 09/14/01 OSTER, ANDREA 1 dd 09/14/01 CARLSON, THERESE 1,904.28 dd 09/14/01 LE 'SHERYL 3,486.92 dd 09/14/01 FAUST, DANIEL 3 dd 09/14/01 URBANSKI, HOLLY 1,482.34 dd 09/14/01 ANDERSON, CAROLE 983.81 dd 09/14/01 BAUMAN, GAYLE 2 dd 09/14/01 JACKSON, MARY 1 dd 09/14/01 KELSEY, CONNIE 579.81 dd 09/14/01 TETZLAFF, JUDY 1,391.94 dd 09/14/01 DARST, ROBERTA 1,095.36 dd 09/14/01 FRY, PATRICIA 1 dd 09/14/01 GUILFOILE, KAREN 2 dd 09/14/01 CAROE, JEANETTE L438.34 dd 09/14/01 JAGOE, CAROL 1 dd 09/14/01 JOHNSON, BONNIE 978.67 dd 09/14/01 OLSON, SANDRA 1,023.57 dd 09/14/01 WEAVER, KRISTINE 1 dd 09/14/01 CORCORAN, THERESA 1,420.47 dd 09/14/01 MARTINSON, CAROL 1 dd 09/14/01 POWELL, PHILIP 1,793.07 dd 09/14/01 THOMALLA, DAVID 2,893.94 dd 09/14/01 WINGER, DONALD 3,612.64 dd 09/14/01 ALDRIDGE, MARK 2,206.22 dd 09/14/01 ANDREWS, SCOTT 2 dd 09/14/01 BAKKE, LONN 2,166.73 dd 09/14/01 BANICK, JOHN 2 dd 09/14/01 BELDE, STANLEY 2,332.42 dd 09/14/01 B OHL, JOHN 2,338.69 dd 09/14/01 BOWMAN, RICK 2,239.56 dd 09/14/01 BUSACK, DANIEL 1,761.01 dd 09/14/01 DOBLAR, RICHARD 1 dd 09/14/01 HALWEG, KEVIN 2,716.50 dd 09/14/01 HEINZ, STEPHEN 2 dd 09/14/01 HERBERT, MICHAEL 2 dd 09/14/01 HIEBERT, STEVEN 2 dd 09/14/01 JOHNSON, KEVIN 2 dd 09/14/01 KARIS, FLINT 2,390.11 dd 09/14/01 KROLL, BRETT 1,378.90 7 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD [eel CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 09/14/01 KVAM, DAVID 2,311.31 dd 09/14/01 LARSON, DANIEL 1,769.07 dd 09/14/01 LU, JOHNNIE 1,481.47 dd 09/14/01 MARTIN, JERROLD 1 dd 09/14/01 OLSON, JULIE 1 dd 09/14/01 PIKE, GARY 1,996.32 dd 09/14/01 RABBETT, KEVIN 2,481.36 dd 09/14/01 STEFFEN, SCOTT 2 dd 09/14/01 STOCKTON, DERRELL 2,253.96 dd 09/14/01 SZCZEPANSKI, THOMAS 2 dd 09/14/01 WATCZAK, LAURA 2,104.74 dd 09/14/01 WENZEL, JAY 1,769.07 dd 09/14/01 BERGERON, JOSEPH 2,564.64 dd 09/14/01 CROTTY, KERRY 2,104.74 dd 09/14/01 DUNN, ALICE 2,182.11 dd 09/14/01 ERICKSON, VIRGINIA 2 dd 09/14/01 EVERSON, PAUL 1,938.32 dd 09/14/01 FLOR, TIMOTHY 2,104.74 dd 09/14/01 FRASER, JOHN 2 dd 09/14/01 HALWEG, JODI 1,552.80 dd 09/14/01 MORNING, TIMOTHY 1,720.48 dd 09/14/01 PALMA, STEVEN 2 dd 09/14/01 PARSONS, KURT 1,707.48 dd 09/14/01 ROSSMAN, DAVID 2,207.77 dd 09/14/01 THIENES, PAUL 2 dd 09/14/01 GERVAIS -JR, CLARENCE 2 dd 09/14/01 CALLAHAN, COLLEEN 1,985.93 dd 09/14/01 SPANGLER, EDNA 554.63 dd 09/14/01 LUKIN, STEVEN 2,657.40 dd 09/14/01 SVENDSEN, RUSTIN 2,227.89 dd 09/14/01 ZWIEG, SUSAN 1 dd 09/14/01 AHL, R. CHARLES 3,562.11 dd 09/14/01 PRIEFER, WILLIAM 1,991.94 dd 09/14/01 DEBILZAN, THOMAS 1,3 85.54 dd 09/14/01 EDGE, DOUGLAS 1,579.34 dd 09/14/01 KANE, MICHAEL 2,23 5.14 dd 09/14/01 LUNDSTEN, LANCE 2 dd 09/14/01 LUTZ, DAVID 1,762.19 dd 09/14/01 MEYER, GERALD 1,668.74 dd 09/14/01 NAGEL, BRYAN 1 dd 09/14/01 OSWALD, ERICK 1 dd 09/14/01 TEVLIN, TODD 1 dd 09/14/01 CAVETT, CHRISTOPHER 2 dd 09/14/01 DUCHARME, JOHN 1,932.74 dd 09/14/01 PECK, DENNIS 2 dd 09/14/01 PRIEBE, WILLIAM 2,759.30 [eel CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 09/14/01 ANDERSON, BRUCE 3,325.98 dd 09/14/01 DOHERTY, KATHLEEN 1 9 554.34 dd 09/14/01 MARUSKA, MARK 2,23 5.14 dd 09/14/01 SCHINDELDECKER, JAMES 1 1 ,611.94 dd 09/14/01 GREW- HAYMAN, JANET 1 1 228.41 dd 09/14/01 HORSNELL, JUDITH 1,606.27 dd 09/14/01 KOS, HEATHER 609.75 dd 09/14/01 NELSON, JEAN 1 5 038.85 dd 09/14/01 GAYNOR, VIRGINIA 1 5 ,537.88 dd 09%1`4/01 ` COLEMAN, MELINDA 3 1 ,588.40 dd 09/14/01 EKSTRAND, THOMAS 2,213.16 dd 09/14/01 KROLL, LISA 907.47 dd 09/14/01 LIVINGSTON, JOYCE 793.16 dd 09/14/01 SINDT, ANDREA 1,226.34 dd 09/14/01 THOMPSON, DEBRA 738.16 dd 09/14/01 YOUNG, TAMELA 1334.34 dd 09/14/01 B ERGO, CHAD L673.54 dd 09/14/01 FALL, SHANN 1,797.66 dd 09/14/01 ROBERTS, KENNETH 2,164.68 dd 09/14/01 CARVER, NICHOLAS 2,151.14 dd 09/14/01 FISHER, DAVID 2,388.74 dd 09/14/01 FLUG, MEGAN 81.38 dd 09/14/01 GRAF, MICHAEL 1,311.94 dd 09/14/01 KELLY, LISA 1 9 024.12 dd 09/14/01 ROBBINS, AUDRA 1 1 447.14 dd 09/14/01 TAUBMAN, DOUGLAS 2,272.59 dd 09/14/01 BREHEIM, ROGER 1,906.46 dd 09/14/01 NORDQUIST, RICHARD 1,626.64 dd 09/14/01 OTIS, MARY ELLEN 646.02 dd 09/14/01 SCHULTZ, SCOTT 1 1 750.99 dd 09/14/01 COLEMAN, PHILIP 200.14 dd 09/14/01 CROSSON, LINDA 1,881.54 dd 09/14/01 EASTMAN, THOMAS 2,195.14 dd 09/14/01 ERICKS ON, KYLE 532.56 dd 09/14/01 HERSOM, HEIDI 1,516.74 dd 09/14/01 MCCLUNG, HEATHER 204.61 dd 09/14/01 RODEN, AARON 560.32 dd 09/14/01 STAPLES, PAULINE 2,472.00 dd 09/14/01 ATKINS, KATHERINE 119.51 dd 09/14/01 CORNER, AMY 60.30 dd 09/14/01 HASSENSTAB, DENISE 102.50 dd 09/14/01 HORWATH, RONALD 1385.54 dd 09/14/01 KOEHNEN, AMY 39.60 dd 09/14/01 MARUSKA, ERICA 46.50 dd 09/14/01 WHITE, NICOLE 204.72 dd 09/14/01 W ORWA, LINDSAY 286.69 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 09/14/01 RENSLOW, RITA 213.15 dd 09/14/01 REILLY, MICHAEL 1,294.96 dd 09/14/01 SCHLINGMAN, PAUL 1 dd 09/14/01 SEEGER, GERALD 460.99 dd 09/14/01 STEINHORST, JEFFREY 799.23 dd 09/14/01 SWANSON, LYLE 1 dd 09/14/01 YOUNG, DILLON 661.40 dd 09/14/01 HURLEY, STEPHEN 2 Wf 55231 08/30/01 RIDLEHOOVER, KATE 0.00 Wf 55231 08/30/01 RIDLEHOOVER,'KATE 284.92 Wf 85494 09/14/01 CARDINAL, ROBERT 385.50 Wf 85495 09/14/01 WASILUK, JULIE 339.27 Wf 85496 09/14/01 FURSMAN, RICHARD 4 Wf 85497 09/14/01 ZICK, LINDA 299.00 Wf 85498 09/14/01 ENGSTROM, MICHAEL 12.50 Wf 85499 09/14/01 KARSTENS, BRAD 59.38 Wf 85500 09/14/01 CURE, LARRY 403.46 Wf 85501 09/14/01 GENNOW, PAMELA 442.50 Wf 85502 09/14/01 MATHEYS, ALANA 1,679.31 Wf 85503 09/ 14/01 HANSEN, LORI 1 Wf 85504 09/14/01 VIETOR, LORRAINE 1 Wf 85505 09/14/01 PALANK, MARY 1,813.00 Wf 85506 09/14/01 RICHIE, CAROLE 1 Wf 85507 09/14/01 SVENDSEN, JOANNE 1 Wf 85508 09/14/01 TICHY, PAMELA 30.00 Wf 85509 09/14/01 BARTZ, PAUL 2,009.54 Wf 85510 09/14/01 HALEY, BRANDON 1,378.90 Wf 85511 09/ 14/01 KONG, TOMMY L694.07 Wf 85512 09/14/01 MARINO, JASON 1 Wf 85513 09/14/01 MAYNARD, WILLIAM 156.00 Wf 85514 09/14/01 STEINER, JOSEPH 180.00 Wf 85515 09/14/01 STEVENS, ERIC 264.00 Wf 85516 09/14/01 WELCHLIN, CABOT 2,206.77 Wf 85517 09/14/01 MEEHAN, JAMES 2,416.30 Wf 85518 09/14/01 SHORTREED, MICHAEL 204.74 Wf 85519 09/ 14/01 PACOLT, MARSHA 1 Wf 85520 09/14/01 SCHWAB, TAHIRAH 394.42 Wf 85521 09/14/01 NIVEN, AMY 650.26 Wf 85522 09/14/01 WEGWERTH, JUDITH 1,555.14 Wf 85523 09/14/01 FREBERG, RONALD 1,639.14 Wf 85524 09/14/01 JONES, DONALD 1,395.94 Wf 85525 09/14/01 ELIAS, JAMES 2 Wf 85526 09/14/01 LINDBLOM, RANDAL 2,464.64 Wf 85527 09/14/01 CARVER, JUSTIN 272.25 Wf 85528 09/14/01 EDSON, DAVID 1 Wf 85529 09/14/01 HELEY, ROLAND 15639.14 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 11 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT Wf 85530 09/14/01 HINNENKAMP, GARY 1,585.62 Wf 85531 09/14/01 LINDORFF, DENNIS 1,609.54 Wf 85532 09/14/01 NAUGHTON, JOHN 1,270.34 Wf 85533 09/14/01 NOVAK, MICHAEL 1,395.94 Wf 85534 09/14/01 O'DONOVAN, KEVIN 930.00 Wf 85535 09/14/01 GERNES, CAROLE 360.00 Wf 85536 09/14/01 SOUTTER, CHRISTINE 357.75 Wf 85537 09/14/01 WORDEN, KRISTEN 28.75 Wf 85538 09/14/01 BUNCE, LARRY 1 Wf 85539 09/14/01 WENGER, ROBERT 2,109.55 Wf 85540 09/14/01 ANGLES, JERI 520.00 Wf 85541 09/14/01 BJORK, BRANDON 454.50 Wf 85542 09/14/01 DYKES, ADRIENNE 216.00 Wf 85543 09/14/01 FINN, GREGORY 1,516.74 Wf 85544 09/ 14/01 OHLHAUSER, MEGHAN 135.00 Wf 85545 09/14/01 GERMAIN, DAVID 1 Wf 85546 09/14/01 HAAG, MARK 096.04 Wf 85547 09/14/01 NADEAU, EDWARD 2,235.14 Wf 85548 09/14/01 GLASS, JEAN 1,053.52 Wf 85549 09/14/01 HABLE, NATASHA 504.10 Wf 85550 09/14/01 HOIUM, SHEILA 912.22 Wf 85551 09/ 14/01 MOY, PAMELA 274.12 Wf 85552 09/14/01 PARTLOW, JOSHUA 284.00 Wf 85553 09/14/01 SCHMIDT, RUSSELL 2 Wf 85554 09/14/01 SHOBERG, CARY 614.47 Wf 85555 09/14/01 LINGER, MARGARET 642.29 Wf 85556 09/14/01 VELASQUEZ, ANGELA 395.93 Wf 85557 09/14/01 ABRAHAMSON, REBECCA 467.78 Wf 85558 09/14/01 AHL, KAREN 87.75 Wf 85559 09/14/01 ANDERSON, TIMOTHY 282.20 Wf 85560 09/14/01 BACHMAN, NICOLE 253.45 Wf 85561 09/14/01 BERINGER, JASON 138.63 Wf 85562 09/ 14/01 B ITTNER, KATIE 10.25 Wf 85563 09/14/01 BRENEMAN, NEIL 180.13 Wf 85564 09/14/01 CHAPMAN, JENNY 773.74 Wf 85565 09/14/01 CMIEL, NICHOLAS 24.15 Wf 85566 09/14/01 COSTA, JOSEPH 279.00 Wf 85567 09/14/01 CRONIN, CHAD 52.50 Wf 85568 09/14/01 DEGRAW, KRYSTAL 253.51 Wf 85569 09/14/01 DEMPSEY, BETH 102.25 Wf 85570 09/14/01 DIERICH, ANDREA 19.50 Wf 85571 09/14/01 DUNN, RYAN 260.00 Wf 85572 09/14/01 FALKENSTEIN, MONICA 20.00 Wf 85573 09/14/01 FIERRO WESTBERG, MELINDA 9.75 Wf 85574 09/14/01 FRETZ, SARAH 225.45 Wf 85575 09/14/01 GRUENHAGEN, LINDA 184.95 11 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 12 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT Wf 85576 09/14/01 HAGGERTY, KATHRYN 39.20 Wf 85577 09/14/01 HAGSTROM, LINDSEY 20.25 Wf 85578 09/14/01 HAWKE, ASHLEY 159.86 Wf 85579 09/14/01 HEINN, REBECCA 436.82 Wf 85580 09/14/01 HEXUM, AMANDA 54.00 Wf 85581 09/14/01 HOLMGREN, LEAH 603.80 Wf 85582 09/14/01 HOULE, DENISE 60.15 Wf 85583 09/14/01 HUPPERT, ERIN 238.00 Wf 85584 09/14/01 IRISH, KARL 200.36 Wf 85585 09/14/01 JOHNSON, ROBERT 251.75 Wf 85586 09/14/01 JOHNSON, STETSON 18.50 Wf 85587 09/14/01 JOYER, MARTI 42.25 Wf 85588 09/14/01 KOEHNEN, MARY 493.94 Wf 85589 09/ 14/01 KRONHOLM, KATHRYN 102.38 Wf 85590 09/14/01 MCMAHON, MELISSA 198.25 Wf 85591 09/14/01 MILLS, ANNE 74.75 Wf 85592 09/14/01 MOSSONG, ANDREA 382.35 Wf 85593 09/14/01 PEHOSKI, JOEL 83.70 Wf 85594 09/14/01 SMITLEY, SHARON 226.60 Wf 85595 09/14/01 WWANER, JESSICA 201.34 Wf 85596 09/14/01 TUPY, MARCUS 58.50 Wf 85597 09/14/01 WARNER, CAROLYN 150.20 Wf 85598 09/14/01 WEDES, CARYL 120.60 Wf 85599 09/14/01 WELTER, ELIZABETH 19.00 Wf 85600 09/14/01 WOODMAN, ALICE 204.85 Wf 85601 09/14/01 ZIELINSKI, JENNIFER 57.30 Wf 85602 09/14/01 BOSLEY, CAROL 108.13 Wf 85603 09/14/01 GROPPOLI, LINDA 249.58 Wf 85604 09/14/01 HANSEN, ANNA 38.53 Wf 85605 09/14/01 HUPPERT, ERICA 276.00 Wf 85606 09/14/01 LARKIN, JENNIFER 78.00 Wf 85607 09/14/01 SCHROEDER, KATHLEEN 264.00 Wf 85608 09/14/01 SHERRILL, CAITLIN 109.67 Wf 85609 09/14/01 VAN HALE, PAULA 60.00 Wf 85610 09/14/01 BEHAN, JAMES 1,368.74 Wf 85611 09/14/01 DIXON, NICOLE 146.05 Wf 85612 09/14/01 DOUGLASS, TOM 259.50 Wf 85613 09/14/01 HEGG, MICHELLE 63.50 Wf 85614 09/14/01 JAHN, DAVID 1,442.27 Wf 85615 09/14/01 KOSKI, JOHN 1,005.54 Wf 85616 09/14/01 KYRK, ASHLEY 41.70 Wf 85617 09/14/01 LESLIE, DUSTIN 212.35 Wf 85618 09/14/01 LONETTI, JAMES 796.43 Wf 85619 09/ 14/01 MORIN, TROY 132.00 Wf 85620 09/14/01 PATTERSON, ALBERT 784.67 Wf 85621 09/ 14/01 PETERSON, LYND SAY 53.20 12 CHECK # Wf 85622 Wf 85623 Wf 85624 Wf 85625 Wf 85626 Wf 85627 Wf 85628 Wf 85629 Wf 85630 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK DATE EMPLOYEE NAME AMOUNT 09/14/01 PRINS, KELLY 645.31 09/14/01 RISTOW, JONATHAN 46.55 09/14/01 SARPONG, SEAN 285.95 09/14/01 SCHMIDT, WILLIAM 222.25 09/14/01 SEVERSON, HOLLY 46.55 09/14/01 ZIEMER, NICOLE 25.40 09/14/01 AICHELE, CRAIG 1,441.54 09/14/01 MULVANEY, DENNIS 1 09/14/01 PRIEM, STEVEN 1,649.22 335,528.30 13 A0ENDAITEM. NO-- MEMORANDUM Acdm by q TO: City Manager y Date FROM: Ken Roberts, Associate Planner . Endot v.A , SUBJECT Final Plat .*-:Modified PROJECT Pineview Estates ' LOCATION: County Road D, east of Hazelwood Street 7M DATE: September 13, 2001 INTRODUCTION Mr. Pat Goff, representing Goff Homes Inc., is requesting that the city ouncil approve the y pp Pineview Estates final plat. This final plat would create 72 lots for townhouses and is on the north side of County Road D, east of Hazelwood Street. (See the maps on pages two - four.) BACKGROUND On October 9, 2000, the city council approved the Pineview Estates preliminary plat subject to twelve conditions. (See the approved site plan on page five and the council minutes starting on .page six.) DISCUSSION Mr. Goff is progressing with this plat, including the grading and utility construction. He has finished all the conditions the council required for final plat approval. RECOMMENDATION Approve the Pineview Estates final plat. This approval is subject to the county recording the bylaws and covenants required by the city. p:sec34- 30 /pineview.fin Attachments: I. Location Map 2. Property Line /Zoning Map I Proposed Final Plat 4. Approved Site Plan 5. 10 -9 -00 Council Minutes 6. Proposed Final Plat (Separate Attachment) LOCATION MAP t Attachment 2 o to oww o . m o r t: 4 58.65' - • 300 - • o. -•• VIAPLEWOOD PONDING AREA: +1 (3> PROP OSED PINEVIEW ESTATES 1 15 ' S. Oirar- <o d 1 MAPLERIDGE .rs ` APARTMENTS �Y; V� • 5 % , , T ' , �_ t =■ .. .v - . -- - COUNTY RD• D • . _ _.. -- - -- • - -� .. - -- -- • ---� PROPERTY LINE /ZONING MAP 4 N Attachment 3 PINEVIEW ESTATES - �,• � S TA KE 5 6 �9' °8 ' f �IGftt ?9 E � y 3p: � No• s 3, 94 NO 175 3-,68 if 1NTERG1a•TE Nil•Hw�� Nl� (, 9i PER pC1C wAr LINE S88 ° 37'10 "E 82.52 5 83.47'10" W 302.66 S88 37'10`E J I c834710 w I W OU TLO T A �n ;•S� � 0 dD 1ZAI %A,.E AND L E AS E MENT THROLIGH01, OLITL01 A A, S89•46 •S . 1 • f 6i - N '1 • ' M.� * oG 1Z 1 ', s E 6i )e .�. • 5� .. 1� t r+ .. � Lk - 1Z 1 le ;, = iZ 1 f '1'2 1 `� "s 041 11 �y Z �` • p it 2 k • 11 Z 13.�Z�� ' .•. • 11 Z �. 4 - 2 + 4 q ,. , ®r + 6 4 .s r .e ° s _ �o \ I S 0� N89•.6 •s'E 1• ?1�:5'E�6• )a 7 ` — Z : r••�.c'. ~ x- , M89•t� •S f — ,_2�„) 7 • t ' N89•C4S'E S9, •6 4_'E 64 �'` �� • 7 , �S • 00 me ai'`t.� U4 , 589••:':9'M 19 Q� T \ I 1 f N89•46 Nag • •6.5 • E N89••6 •S I i r f M N � r N ; 10 ,� W i� r •� o Ln � ti. z •- t 1 1 L - -- - — N 8 9 . 46 . 4 '5 .. E '55 00 -- - - - - - I Ifl � , ► COUNTY ROAD D N89•aE 1484 s1 . % - - - - N 89'46'45' E 755.00- - - - - Kr �� I I S L COR t* 111E $1, t •. SEC J.. 1 V. R 2. (RAMSE I CC' CI M 1 f OR THE PURPOSES OF THIS PLAT THE SOUTH LINE OF THE S W. 1 OF THE S.E 1 /4 OF SEC 34. TWP 30. RGE 15 ASSUMED TO HAVE A BEARING OF N 89 0 46'45 "E SCALE: I INCH = 50 FEET Now- o fa � wo awl • DENLIT'ES MONUMENT FOUND AND MARKED AS SHOWN ♦� DENOTES 1 INCH ON 14 INCH IRON PIPE MONUMENT SET AND MARKED 8) NO 1551 NO WINLIMENI SYMBOL SHL)VM AT AN% STATUTE REWIRED LOCATION INDICATES A PLAT MONUMENT THAT MALL BE A 1 INCH 81 14 INCH IRON PIPE SET WTHIN ONE YEAR 1F THE RECORDING OF THIS PLAT, AND MARKED 81 R L S NO 175:11 SHE E 1 c' OF c PROPOSED FINAL PLAT PINEVIE wvy- ESTATES Q N 4 HLLac 6rr.RI.R T/N " dims: i e. br+r' 6✓-T toN api OC nw Wti so. +N r m. »vM u1.t• iriNi {mv- ae_ ® �fTioN we 1-u, bu a I. Ina blt K s, u wR I- uv 4 i 46Vltw fsr.LT[i�� (LITY R HAGL&V ) r�f .. R[ryR6 IIIRRMMIEN: tul orswH6 wnvmr Nuc AaI:W wlrAluu � . rri A fft 9116. W' NE6NY.Y RYA LK�64R�1rIJt- faR {i6A4N bRIrRIiRFW14 fT RRST.IH TfiNANA GAB/GK/ _ 'ARV6VOGJNPO[W.TOH! __ SVRV6Y OON6 EY:_ _ 'Zi0i6Y T6VKSLN� ZHC.. 9MC'. .srvemrrorr . a sans. {4 SuN) ViaT:Vry /ARJNNL Y ROIO 0 TAPL[I. IRATIDN i MTA:. ' g Zit -oo SITE PLAN 4 N 1B -NST sars6rY'sbH+w.r ux6' ewL s:LRR sns nvss N..rw.Aw -_ -- 01YY..31LeLl DLINiBWM xs..�NU� 1LMi CAtN6A,MNJSIRR flAlilN4 pFf! -n -Re eiVI4YRI Y.>a.1L 4 - Ne. a mwH bn:slxn L'lBINNi... yhf!�+�MaWr DENNIB,E. P.f L, __ � fmmy Y Ot -Mn6 OU6wN6 UNnf GB6jtIBC•nsY. BRONN C µ 1 � l6 - ACCITIONK rnw' W vrl.Ub �' NM a A016N M f w x 0 01 � RGLR B °edhn ga:�Hn.Hf10 1 I � ® TWLOIN6 Nf. f pVxM. NO. i HlRB -<006 __ IL naNt.. - otxmTr - 1Yd4[L.Ib6b -a• ••• L a wn ua. a as xe. p, € e RV - zo-!Ian- eV:MINS LaR _ R16Aa 7(NOVrSW BSCA 's � xa[L -w�wxo vnw _'a�v�u P vR,ne. a... - ercN svi+s AsbA. g Zit -oo SITE PLAN 4 N 1B Attachment 5 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, October 9, 2000 Council Chambers, Municipal Building Meeting No. 00 -22 3. 7:20 P.M. Pineview Estates Preliminary Plat (County Road D) a. Mayor Cardinal convened the meeting for a public hearing. b. Acting City Manager Coleman introduced the staff report. C. Associate Planner Roberts presented the specifics of the report. d. Commissioner Milo Thompson presented the Planning Commission report. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Patrick Goff, of Goff Homes, the applicant f. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to annrove the Pineview Estates nreliminary plat 1. Sign an agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. C. Pay the city for the cost of any traffic- control or no parking signs. d. Provide all required and necessary easements. 2.* Have the city engineer approve final construction and engineering plans. These plans shall be revised to follow the site plan and preliminary CG drainage, erosion control, tree, driveway and street plans. The plans shall follow the plans dated December 15, 1999, as approved by the Assistant City Engineer on February 14, 2000, and shall meet the following conditions: a. The erosion control plans shall be consistent with the city code. b. The grading plan shall show: (1) The proposed building pad elevation and contour information for each home site. The lot lines on this plan shall follow the approved preliminary plat. (2) Contour information for all the land that the construction will disturb. (3) The proposed street and driveway grades as allowed by the city engineer. (4) All proposed slopes on the construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. On slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. At a minimum, the slopes shall be protected with wood fiber blankets, be seeded with a no maintenance vegetation and be stabilized before the city approves the final plat. (5) All retaining walls on the plans. Any retaining walls taller than 4 feet require a building permit from the city and shall be designed by a structural engineer. The developer shall install a protective rail on top of any retaining wall that is taller than four feet. (6) Sedimentation basins or ponds as may be required by the watershed board or by the city engineer. (7) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). (8) Revise the westerly most sanitary sewer alignment to improve the connection and flow angle of the sanitary sewer line entering the city's existing sanitary sewer manhole. The city engineer must approve the sanitary sewer connection realignment. 7 (9) Have the Saint Paul Regional Water Services (SPRWS) review and approve the proposed utility plans. Specifically, the former submittal required 4 -inch mains to service the buildings with blow -offs at the ends. All fire hydrants shall be next to County Road D. C. The street, driveway and utility plans shall show: (1) All the parking areas and driveways with continuous concrete curb and gutter. (2) The coordination of the water main alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). Fire flow requirements and hydrant locations shall be verified with the Maplewood Fire Department. (3) All utility excavations located within the proposed right -of- ways or within easements. The developer shall acquire easements for all utilities that would be outside the project area. 3. Pay the costs related to the engineering department's review of the construction plans. 4. Sign a developer's agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. • C. Provide for the repair of County Road D (street and boulevard) after the developer connects to the public utilities and builds the driveways. 5. Change the plat as follows: a. Add drainage and utility easements as required by the city engineer. b. Show drainage and utility easements along all the site perimeter property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. 6. Secure and provide all required easements for the development including any off -site drainage and utility easements. 7. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the developer's agreement any grading that the developer or contractor has not completed before final plat approval. 8. Submit the homeowner's association bylaws and rules to the Director of Community Development. These are to assure that there will be one responsible party for the maintenance of the private utilities, driveways and structure. 9. Record the following with the final plat: a. All homeowner's association documents. b. A covenant or deed restriction that prohibits any further subdivision or splitting of the lots or parcels in the plat that would create additional building sites unless approved by the city council. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. 10. Obtain a permit from the Ramsey- Washington Metro Watershed District for grading. 11. If the developer decides to final plat part of the preliminary plat, the director of community development may waive any conditions that do not apply to the final plat. 12. The developer shall amend the plan to add a play structure and/or picnic tables. Subject to staff approval. *The developer must complete these conditions before the city issues a grading permit or approves the final plat. Seconded by Mayor Cardinal Ayes - all 01 MEMO AGENDA REPORT To: Richard Fursman, City M ager From: Steve Lukin, Fire Chie Subject: Russ Allen Memorial Date: September 18, 2001 AGENDA ITEM ('7:3 Adotas b .1 Endorsed Modified Rejected BACKGRQUND Russ Allen, one of the founders of the Gladstone Fire Department, passed away this month. Russ was the last of the original members of the Gladstone Fire Department, His family presented us with a memorial in his honor in the amount of $1,100 to be used for trees at the new fire station. RECOMMENDAIJON I recommend the City Council to accept this memorial in the amount of $1,100 and ask the finance department to make the necessary budget changes, c: City Clerk Agenda No. AGENDA REPORT "on by DATE: September 18, 2001 Date Endorsed TO: Richard Fursman 11 wined City Manager Rejected .A FROM: Sherrie Le Human Resource Director SUBJECT: Public Safety Dispatcher Clarification Earlier this year, the City Council approved the establishment of the non -union job classes of Public Safety Dispatcher and Public Safety Dispatcher Trainee, along with the pay and benefits. The Department is in the process of establishing their work schedule. Some of the options the department is looking at involve shifts other than 8 hours in length. Under the Fair Labor Standards Act, we are required to pay overtime at the rate of time and one -half for all hours over 40 in a 7 day work week. Changes of shift do not qualify an employee for overtime. The following clarification applies to Public Safety Dispatchers and Public Safety Dispatcher Trainees. Benefit eligibility and accrual is not affected by changing from 8 hour shifts to shifts of other lengths. When employees are absent for a shift, they will normally use the number of hours of accrued leave that equals their shift length. For full -time employees, personal holidays are based on two eight hour days. Regular holiday pay is eight hours. If an employee is not scheduled to work on a holiday and they are eligible for holiday pay, they will receive no more than eight hours of pay. If they work on the holiday, they will receive the eight hours of holiday pay plus overtime for all hours worked on the day (assuming they work half or more of their normal shift). This last sentence replaces previously approved language providing a day off in lieu of overtime. However, if an employee takes an approved leave day on a holiday that is a scheduled work day, they will receive accrued annual leave, in lieu of overtime. RECOMMENDATION It is recommended that the City Council adopt these clarifications to facilitate ease and flexibility in scheduling. AGENDA 17PI4 MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate Planner SUBJECT: Alley Vacation LOCATION: West of 63 Kingston Avenue East DATE: September 5, 2001 INTRODUCTION Action by Council Date Endorsed Modified Rejected Kristin. Borowske is asking the city council to vacate an unused alley. This vacation is for the alley that is between the properties at 49 and 63 Kingston Avenue. Please see the maps on pages three through five and the statement on page six. DISCUSSION Ms. Borowske is requesting this vacation because the city and the neighbors will not need or have a use for the alley. Maplewood has no plans to develop or use this right -of -way for an alley. COMMISSION ACTION On September 4, 2001, the planning commission recommended approval of the proposed vacation. RECOMMENDATION Adopt the resolution on page seven. This resolution vacates the unused alley that is between the properties at 49 and 63 Kingston Avenue. The city should vacate this alley because: 1. It is in the public interest, 2. The city and the adjacent property owners have no plans to build an alley in this location. 3. The adjacent properties have street access. REFERENCE SITE DESCRIPTION Existing land use: Undeveloped SURROUNDING LAND USES North: Saint Paul water utility property East: House at 63 Kingston Avenue South: Avenue West: House at 49 Kingston Avenue p:secl8 /63kings.vac Attachments: 1. Location Map 2. Property Line Map 3. Site Plan 4. Applicant's Statement 5. Vacation Resolution 2 Attachment 1 CO. M. 3� < 0 >11 ' LITTLE CANADA vivim m LAAU E Ro. uURl COUNTY RD. a t; rh El AV rfine BELM .......tip,.,.,.. .........a/,.. �..• ..•1.1...1•••,11•N.11..T.•tH j1 ` � L � :ii :.i•.• °i Saapo.a.a.,•� a Fr fV f . f ....... ii • .If..IN • Q �../ �•. /I, ..f. • • LO vote@ go., 10, •....I.11♦ .... .. /.a.... .I..,N ,11, .t.. .I11•..,. r . /.N• t .....117. . �� �� SMU)" pal ••. N:. 11 . $91. .. ,.1. N.I.i.• 7• •/, /..1 /a,..... SKIUJ pas • ✓i: • • SK&U" o f1::* AVE. i f ` N�1f. • .,.N.. 4A t4i w EMTAVWM A too �� i ri �. } ♦r....r.... Pak ROSELAil N AVE �- V) BMWOOD AVE. E �1�OD AVE. M�Lw000 Q Q � • Sl #�MER AVE. #+I R li MPLVI oc A •n R�.E Y GSTON V �? W i A . K NOM♦ C AVE. > AVE. LARNE NTEUR AVE• a �a �'A ST. L LOCATION MAP 3 4 N Attachment { � o K' � 200' ^ I 1A91• 2dD' � 33' 40 s n1U AYEA 124.91 as, W12"7 M �,3e r I 0.372 a0.372 n h AC � ps, ° 174."' I —) 38 PIQ I RE.�iERV IR & PUMPING STATION 16195• � r I c19Ar 1 27 w I f11s) I H1J ; { 151.23' I3 III CITY Of ST. PAUL a 1Yi 1.01 Ac. I 36 O am !+r � �1 I33 —I 35 � h I 0.69 AC. I N 34 i (liu ' e { — I 33 1 a315 AC Aa •• I SAINT PAUL REGIONAL WATER.SERVICES PLANT (-1495. _ 0. 2 44S I Cm rs � au 367. I 1510. I 1 111At. I awWACE BOARD OF (MATER COMMAUMERS N - - 0.32 AC. 2-N AC 1 30 N ! I •� f o H 1 0.25 AC R � 29 1. I a39AC PROPOSED ALLEY VACATION K� 1aa9• 8 191.9• 600. 1. 6'e: ' ow I R5, g ty 7 2TF 2 y 7 2 g 27 1 ins) a� n10 k I nd I va 01j 6 �� g b �r : , 6 3 , t11• 111 s 47 ' 49 63 My 26 2 : I _9, 6' a2.�5. 16� a2.15' '� 5 6 4 '` y 7 , 77 4 , ° 11.a1 KINGSTON N AVENUE U E �� #9�- KINGSTO Avg. _ 2� "7 ?S'�r - 25 (� I X30 N 30 172 1731 Z30 — —I— — 2 29 29 2 29 2 - ' 0% 06) 04D RA �1 Ati 23 i 1 3 28 — g 28 3 g - — — — — 3 24 as �� 8 ° g 1 n1, 27 4 g 27 '� 2 4 . -- I RA Q3I ~) w �� -10' I - - - -- 26 S g 26 S a 26 5 , s ik"M I 2 Ou s ays 6 IS a6 g 25 6 Coy { a 7 1 24 7 24 7 24 7 -10' 1•e �s) g lea An p4 a { 22 22 9 22 9 22 +1st 9 4. 019 Rte g ow � { 21 10 % 0 221 NO 21 10 g 21 -- - -- g rnu I 10 g pU .a3 A 121.9d' ' " { 20 a) 4 Y0 11 g 20 g 20 19 !2 g 12 1 9 12 g 19 12ww 1 r+M) O ° I 18 113 18 13 18 13 18 13 17 rte, J 1 AC $ { at 114 a� ; Ax «4 g J 14 g ov 16 16 15 16 15 16 1 M 1 ' 1.9' S ao' .M ° w • • . M` h . . N 1 S .. -- 1 - - - -, s0' -- - - - -`I 121 -2 w r 60► w 12A2 6 �sb gyp• rw 136.1' j'139.2'1 • 31 ' 125 1 ?::.... :- :+•wf::'. :.:.......:.:•: 444 :: : a'.= . •.:::: - :•::•:,±.,::: •. eWn:::..• :.. :::.t- .:::::'+�.M.•..... -- . - - - - - - - - - - - - - } :..::::- ......:.:.... -_ 444_:4... ..............._...... <;::::.,- :::::::::— .. ,,._::: - ::::.......,.... - NTEUR AVENUE r 1n .. LARP E ... ......... ............ . 24 so• — -- - - --z, 60' 1.-- -- -- �.— tip — � -- � -- —� �`: �. • I 1 PROPERTY LINE MAP r••.••••:• :•••. PROPOSED ALLEY VACATION 4 N ►/ 1 Attachment 3 S �. ?co� Lj)o�pr 0-�)ulc N�jP% CA-bn '�6n-� IV /P i c Lblo" LoT Lo �r a � w L,b -T S h�l e 2 Q la (n3 Ki kv, 1�1N)s7oN SITE PLAN t Attachment 4 Part I Kristin R Borowske and Richard C. Horvath are requesting vacation of the alley between lots 1, 2, 3, 4 and lots 5, 6, 7, 8 of Block 2, St. Aubin and Dion's Rice Street Addition to the City of St. Paul, Minnesota. We are the two property owners that abut this alley. Together, we feel there is no need nor ever will be a public need for this alley. Our lots will not change to house additional homeowners. The St. Paul Water Purification Plant is to the North of our properties and therefore it is believed additional residential lots will not be built there, either. We feel that an alley will never be built for access to other residential homes. In addition, an alley is not needed for our properties, as both our garages face Kingston Avenue. Part II Property owners that abut alley: Kristin R. Borowske 63 Kingston Avenue Bast Maplewood, MN 55117 Richard C. Horvath 49 Kingston Avenue East Maplewood, MN 55117 Part III Application fee enclosed; $65.00 from each homeowner. In addition, a $15.00 check from Kristin Borowske for recording City resolution. Part. IV Map - attached Part V Signed petition of property owners - attached D Attachment 5 VACATION RESOLUTION WHEREAS, Kristin Borowske applied for the vacation of the following- described alley: The alley in Block 2, between Lots 1-4 and Lots 5 -8 that is north of the north right -of -way line of Kingston Avenue as platted as part of St. Aubin and Dion's Rice Street Addition in Section 18, Township 29, Range 22 West, Ramsey County, Minnesota; WHEREAS, the history of this vacation is as follows: 1. On September 4, 2001, the planning commission recommended that the city council approve the vacation. 2. On September 24, 2001, the city council held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered .reports and recommendations from the city staff and planning commission. WHEREAS, after the city approves this vacation, public interest in the property will go to the following abutting properties: Lots 1-4, Block 2, St. Aubin and Dion's Rice Street Addition (63 Kingston Avenue) (PIN 18-29 - 22 -34- 0015. ) Lots 5 -8, Block 2, St. Aubin and Dion's Rice Street Addition (49 Kingston Avenue) (PIN 18-29 - 22 -34 -0016. ) NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described right -of -way vacation for the following reasons: 1. It is in the public interest. 2. The city and the applicant have no plans to build an alley in this location. 3. The adjacent properties have street access. The Maplewood City Council adopted this resolution on , 2001. 7 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, SEPTEMBER 4, 2001 NEW BUSINESS a. Alley Vacation (next to 49 Kingston Avenue) Ms. Kristin Borowske is requesting to vacate an unused alley. This alley is between the homes of 49 and 63 Kingston Avenue in western Maplewood. The alley has never been developed and would be divided between the two properties if the vacation is approved. The city does not have a need for the alley and recommends approval of the resolution. This vacates the alley between the properties of 49 and 63 Kingston Avenue. The city and the adjacent property owners have no plans to build an alley in this location and the adjacent properties have street access. Commissioner Frost asked staff if there were any other alleys in the general area that should be vacated? Mr. Roberts replied there probably are some alleys that could be vacated. Some alleys are used for garage access, and without driving to each alley and investigating it further, he would hesitate to say if any other alleys should be eliminated. Chairperson Fischer asked staff if the standard size of an alley is 16 -feet wide as this alley is? Mr. Roberts stated the City of Maplewood has both 16 -foot wide and 20 -foot wide alleys and that was based on the age of the plat. The later plats were 20 -feet wide and the Others were 16 -foot wide. The applicant, Ms. Kristin Borowske of 63 Kingston Avenue East came forward. Ms. Borowske has spoken with her neighbor at 49 Kingston Avenue East and they both want the alley vacated and to split the property between the two of them. Commissioner Frost moved to recommend approval to adopt the resolution for vacation of the alley at 49 and 63 Kingston Avenue. The resolution vacates the unused alley that is between the properties at 49 and 63 Kingston Avenue. The city should vacate this alley because: 1. It is in the public interest 2. The city and the adjacent property owners have no plans to build an alley in this location. 3. The adjacent properties have street access. Commissioner Rossbach seconded the motion. Ayes — All The motion is passed. Mr. Roberts stated this will go to the city council September 24, 2001, and staff will send an updated memo and letter before hand. Planning Commission Minutes of 09 -04 -01 Commissioner Rossbach said that he believed when a property gets divided, it is added to the tax roll for the City p may of Maplewood. It be worthwhile to seek out other alleys that need Y vacation. MEMORANDUM TO: FROM: SUBJECT: APPLICANT: LOCATION: DATE: City Manager Shann Finwall, Associate Planner Beau'-s Food and Spirits Food Services, Inc. (d /b /a 5 -8 Club) 2289 Minnehaha Avenue September 17, 2001 A, Fit No.,� �,,,, Action by Council Date _77 Endorsed Modified Rejecw 1 INTRODUCTIO Project Description Food Services, Inc.,, d /b /a 5 -8 Club, is proposing to purchase, remodel, and expand Beau's Food and Spirits at 2289 M nnehaha Avenue. The proposed project includes interior remodeling, expansion of the parking lot, a new covered deck for Outdoor dining and exterior painting and improvements. Food Services owns and manages an existing 5 -8 Club located at 5800 Cedar Avenue in Minneapolis (see pictures of Minneapolis 5 -8 Club on pages 30 and 31). The proposed Maplewood 5 -8 Club will offer the same neighborhood -style dining as the Minneapolis 5 -8 Club (see Minneapolis 5 -8 Club menu on pages 27 and 28). Requ ests To proceed with this project, the applicant is requesting that the city approve the following: 1. A comprehensive land use plan amendment from single - dwelling residential (R -1) to business commercial modified (B- C(M)); 2. A rezoning from single dwelling residential to business commercial modified (B- C(M)); 3. Two conditional use permits including: a. A conditional use permit to allover , restaurant ithin the business commercial (modified) (B -C(M)) zoning distric . b. A conditional use permit for th expansion f a nonconforming structure (deck addition) (50 -foot setback tow, ial property required, 10 -foot setback proposed; and a 30 -foot front yard setback required, 11 -foot setback proposed); 4. A parking lot setback variance (20 -foot setback required, 5 -foot setback proposed); 5. Design approval for exterior improvements. DISCUSSION Land Use and Zoning The building was originally constructed in the mid 1950s and was the site of Chicone's Bar and Restaurant. In the early 1990s Eugene and Shirley Beaulieu purchased the site and opened Beau's Food and Spirits. As a result, the property- has been used as a restaurant/bar for approximately the last 46 years. During the city's adoption of the original zoning map in 1965, it was the city's intent to reflect existing land uses with appropriate zoning classification, not to create nonconforming uses. The city, however, zoned Chicone's Bar and Restaurant residential, even though it had been used as a restaurant/bar for at least ten years (see existing property line /zoning map on page 16). This zoning designation created a nonconforming use. For this reason, it is staffs opinion that it was originally the city's intent to reflect the restaurant/bar use with commercial zoning, but for some reason the zoning on this property was classified as residential. This zoning classification has never been an issue until this recent proposal for expansion. The land use and zoning map changes suggested here is from residential to business commercial (modified) (BC(M)) (see the proposed land use and zoning map an pages 15 and 17). The business commercial. (modified) district is intended to provide for the orderly transition between more intensive commercial uses and lainr or medium density residential areas. Within this zoning district, restaurants (no drive through facilities) are allowed with a conditional use permit. The conditional use permit process allows the city oversight to ensure there are limited impacts on the surrounding residential properties. The proposed land use amendment and zoning map change from single dwelling residential (R -1) to the transitional commercial zone of business commercial (modified) meets the spirit, purpose, and intent of the zoning code by not detracting from the use of neighboring properties or from the character of the neighborhood. In addition, the proposed change will reflect the existing land use on the property. Addition and Remodeling Exterior of Building: The exterior of the building will remain stucco with wood shutters around the windows. The front door will be relocated from the west elevation (toward Stillwater Road) to the south elevation (toward Minnehaha Avenue). The applicants propose to paint the exterior (taupe color with burgundy accents) and install new wall signage. The new walk -in cooler will not fit in the newly remodeled kitchen area. For this reason the applicants must bump the cooler area out of the building by 8 feet toward the east. The applicants propose to paint the cooler to match the building. To help screen the cooler, lattice and vines will be installed on the sides. Deck: A 34 -foot x 18.2 -foot (620- square -foot) covered deck is proposed for the northwest side of the building (toward Stillwater Street) (see the site plan on page 20). The deck will extend off of the north side of the original building, maintaining the existing nonconforming setback of 15 feet from the north residential property (50 -foot setback required). The deck will also come within 11 feet of the Stillwater Road right -of -way, but will be a total of 20 feet to the paved portion of the road. In order to obtain an emergency exit from the enclosed deck, the applicants are proposing a 5- foot wide handicap accessible ramp to be installed on the north side of the building. The handicap ramp will come within 10 feet of the residential property. Because the deck will not meet the required setbacks, a conditional use permit is required for the construction of the deck. Surrounding the deck on the west side will be a 5- foot -high privacy fence with 1 foot of lattice on top and on the north side will be a screened windows which look onto the proposed perennial 5 -8 Club 2 September 17, 2001 garden. The entire deck will be covered with a decorative canupy similar to the Minneapolis 5 -8 Club's deck (see Minneapolis 5 -8 Club pictures on . pages 30 and 31). There was concern expressed at the planning commission meeting regarding the possible late - night disturbance the deck might have on the north residential property. For this reason a condition was added by the planning commission that the deck close at 10 p.m., Sunday through Thursday, and at 11 p.m., Friday and Saturday. The applicants agree to this condition. Parkin : The proposed paved parking lot expansion will come within 5 feet of the east and 10 feet of the north residential property line. The required setback for arkin lots adjacent to p g 1 residential property is 20 feet; therefore variances are required for the expanded parking area. The applicants state in their letter of justification (page 29) that it is impossible to meet the city minimum requirement for parking stalls on this property ,unless such a variance is granted. As it exists and operates today, the property to the east of the restaurant functions as a gravel parkin lot without any setbacks. Additionally, in order to make improvements the property must be commercially viable with adequate parking that will be obtained through this variance. Beau's Food and Spirits currently has 23 paved parking stalls and overflow gravel parking on the east side of the building. According to the city's parking ordinance, the restaurant as it exists today should have a total of 45 parking stalls. With the proposed project, the 5 -8 Club should have 53 parking stalls. The parking lot expansion will create an additional 23 parking stalls, for a total of 46. This is still 7 parking stalls less than the city's required 53. Since the expansion of the parking lot will make the parking situation more conforming, no special parking authorization is required. Staff agrees with the applicants that the 46 parking stalls proposed would be adequate since the ratio of parking will increase and the proposed deck will only be used seasonally. Screening As stated above, the city's ordinance requires a 20 -foot landscape and screened buffer from a parking area to a residential property line. The proposed parking lot expansion will not meet the 20 -foot requirement on the north and east sides. In order to ensure adequate screening of the parking lot from the residential properties, the applicants are proposing a 6 -foot high cedar privacy fence to be constructed along the full length of the east and north ro ert P p Y line. The property owner to the east at 2303 Minnehaha Avenue, Daniel Tacheny, has recently begun the framing construction of a 5 -foot -high stucco fence. This fence is being constructed approximately 5 feet into Mr. Tacheny's property, extending from the rear of his detached garage to his rear property line. This fence was originally proposed by Mr. Tacheny to screen Beau's existing gravel parking area. Upon notice of the 5 -8 Club's proposal„ Mr. Tacheny contacted the applicants and inquired about them continuing this style of fence along the shared property line. The applicants point out that Mr. Tacheny's fence is not constructed on the property line, that Mr. Tacheny's fence is only 5 feet high and will not offer the screening required. They are also proposing lighting on their 6- foot -high cedar fence. For these reasons, the applicants do not wish to extend off of Mr. Tacheny's fence, but rather construct a fence on the property line. Driveway Entrance/Grading and Drains e: The city's engineering department determined that if no grading was conducted on the existing parking area, the water runoff restrictions would only be required for the new parking lot addition. For this reason, the 5 -8 Club will maintain the 5 -8 Club 3 September 17, 2001 existing curb cut onto Minnehaha Avenue rather than their alternative cur c, at farther to the east. Upon review of the grading and drainage plan, the city's eng ineering p lan concep Y g g department approved the p ptually stating that it looks feasible, but no official approval can be accomp lished calculations are received P p shed until (see the plan on page 20). Dumoster Enclosure A dumpster enclosure is ro osed along the ea ' P P g eas side of the building, just south of the new walk -in cooler bump out. The enclosure will be construc cted of cedar fencing to match the screening fence with a closable gate. Landscaping There are three mature maple trees located on the site ' e currently. With the proposed parking lot and retenti pond gr it appears that two of the trees could be saved (the large silver maple 10 feet south of' the building and the small s ugar maple located on the . g � southeast corner of the lot). The applicants are recep to attem tin to s I the P 9 s ave these two trees. e large silver maple might unhealthy and unsafe and may need to b Staff .recommends a condition o Y e removed. f approval be that the applicants attempt to save these two trees with the grading of the property. In addition to attempting to save the existing trees, the applicants, in the ' lan_ show 10 t re e s, PP � eir prelfm�nary landscape p es, 58 shrubs, and a perennial garden to the north of the deck. Because the existing parking area is constructed right up to the right-of-way lines of b ' g Y both Stillwater Road and Minnehaha Avenue and the expanded parking area will be constructed 5 feet from property line there is limited the east pro P Y ted green space in which to install this The p roposed landscape plan ( see the !an on landscapi P P p page 24) shows much of the to be instal within the Stillwater Road and Minnehaha Avenu rights -of -way. Stillwater Road is a state highway and Minnehaha Avenue is a coun road Any landscaping within these rights-of-way will require a permit from the Minn • . h P Minne Department of Transportation (MnDOT) and approval from Ramsey County. Both entities have seen the proposed landscape plan and have expressed a willingness to work with the applicant on • PP allowing landscaping with their right However,, there was concern expressed about the trees ro ht - turn lar� p posed along the Minnehaha right g e. Alternative plantings may be required to ensure visibility in this area. Staff commends the applican on their I landscape • P pan and feels that the proposed landscaping will add aesthetic appeal to a currently blighted corner. The applicants ' a plan pp ants should submit a final landsca p p n #o the city for approval prior to issuance of a building p ermit. This plan perennial garden r g P P should show the P g area #o the north of the deck, any saved trees, and an alterations to Y y the plan requested by city, state or coun Y Lin htin : One of the most difficult aspects to deal with when com mercial property abuts residential property is the lighting. A strong concern of the neighbors i • � g s s that there are no high, over-illuminated tights installed in the expanded parking area. A strop concern of ap plicant s g the ponce department and the a pp is is that there is adequate parking lot lighting for security Y Currently the building is equipped with three rooftop lights that shin . P • g ne onto the existing west and south parking areas. These lights are not facing residential prop p p y • an d have not proven to be an issue for the neighbors in the past. In addition to retaining hese lights, ghts, the applicants propose seven wall lights to be installed around the building and four fence ost lights ' f P g to be installed on the new screening fence on the east property line. The fence post lights will be installed flush against the posts a# a up a 9 p ap proximately 5 feet in height (see lighting detail on 26 a e . ' n will ensure adequate P .ht from the g ) This lighting design quate security for the restaurant while shielding the light neighbors. g g 5 -8 Club 4 September p ber 17, 2001 COMMITTEE ACTION On August 20, 2001, the planning commission reviewed the proposal (see attached August 20, 2001, planning commission minutes). Due to some concerns that one of the planning commissioners had regarding the placement of the deck, the land use requests were divided into two motions. First being the request for a CUP to expand a nonconforming structure (deck addition). Second being the comprehensive land use and zoning change, conditional use permit for a restaurant within the BC(M) zoning district, and the parking lot setback variance. The planning commissioners recommended approval of the CUP to expand a nonconforming structure by a vote of 6 to 1 and recommended approval of the comprehensive land use and zoning change, CUP for the restaurant, and the variance by a vote of 7 to 0. On August 28, 2001,, the community design review board (CDRB) reviewed the design proposal (See attached August 28, 2001, CDRB minutes). The CDRB unanimously recommended approval. RECOMMENDATIONS 1. Adopt the Land Use Plan change resolution on page 36. This resolution changes the Land Use Plan from single dwelling residential (R -1) to business commercial (modified) (BC(M)) for the proposed 5 -8 Club and adjacent proposed parking lot on 2289 and 2299 Minnehaha Avenue. The city is making this change because: a. Expansion of the parking area will supply adequate off - street parking and loading facilities for the site. b. Expansion of the restaurant/bar has been designed in the best manner to avoid disruption of adjacent or nearby residential areas including placing the new deck in the front of the building as opposed to the rear, installing a 6 -foot high privacy fence along all shared residential property lines, and locating the dumpster along the building wall which is away from the residential property lines. C. Expansion and remodeling of the restaurant/bar improves upon the existing structure:, creating a neighborhood restaurant which is compatible with surrounding residential uses. d. Expansion and remodeling of the restaurant/bar includes adequate screening from adjacent existing residential properties with a 6- foot -high privacy fence. 2. Adopt the rezoning resolution on page 37. This resolution changes the zoning map from single dwelling residential (R -1) to business commercial (modified) (BC(M)) for the proposed 5 -8 Club and adjacent parking lot on 2289 and 2299 Minnehaha Avenue. The city is making this change because: a. The proposed change is consistent with the spirit, purpose and intent of the zoning code. b. 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 properly adjacent to the area included in the proposed change or plan is adequately safeguarded. 5 -8 Club 5 September 17, 2001 C. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. d. 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. e. The proposed change will reflect the existing land use on the property. f. The proposed change is supported by a majority of the neighbors surveyed. 3. Adopt the conditional use perms resolution on page 38. This resolution approves two conditional use permits for the 5 -8 Club at 2289 and 2299 Minnehaha Avenue including: a. A conditional use permit to allow a restaurant within the business commercial (modified) (B -C(M)) zoning district; and b. A conditional use permit for the expansion of a nonconforming structure (deck addition) (50 -foot setback from residential property required, 10 -foot setback proposed; and 30 -foot front yard setback required; 22 -foot setback proposed); Approval is based on the findings required by the code and subject to the following conditions: a. All construction of the 5 -8 Club shall follow the site plan approved by the city. The director of community development may approve minor changes. b. The proposed restaurant/bar remodeling 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. C. The city council shall review this permit in one year. d. The use of the deck is limited to the following hours: Sunday through Thursday — opening of business until 10 p.m.; Friday and Saturday — opening of business until 11 P.M. 4. Adopt the variance resolution on page 40. This resolution approves a parking lot setback variance (20 -foot setback required, 5 -foot setback proposed). Approval is based on the following findings: a. Strict, enforcement of the code would cause undue hardship because of circumstances unique to the property and not created by the property owner. The 20- foot -wide buffer requirement would not allow the creation of a sufficient number of parking spaces for the facility. b. The variance would be in keeping with the spirit and intent of the ordinance, since the applicant is providing adequate screening and buffering to protect the adjacent homeowners. Approval is subject to the applicant providing a 6 -foot high screening fence as proposed. 5 -8 Club 6 September 17, 2001 5. Approve the plans date stamped August 22, 2001, for the 5 -8 Club. The city is approving these plans based on the findings required by the code. The applicant, Food Services, Inc., shall do the following: a. Repeat this review in two years if the city has not issued a building permit for this project. b. Prior to issuance of a grading permit for the parking lot expansion, the city engineer must approve a final grading and drainage plan. This plan shall include: water retention calculations and the location of all existing trees on the site to be preserved and the means of protecting the trees. c. Prior to issuance of a building permit, the applicant must supply the city with the following: (1) A revised landscape plan to staff for approval that incorporates the following details: (a) Obtain approval from the Minnesota Department of Transportation and Ramsey County to install landscaping within the Stillwater Road and Minnehaha Avenue rights -of -way. Any required landscape revisions in these areas must also be approved by the city. (b) Details for the perennial garden to be located on the north side of the deck. (c) In- ground sprinkler for all landscaped areas. If the installation of a sprinkler system is not feasible because of existing pavement, the applicant must submit written agreement to hand water all landscaping. (d) In addition to the above, all common grounds shall be sodded (except for mulched and edged planting beds). (2) Final exterior walk -in cooler elevations to show the cooler painted to match existing building, lattice runs, with vine plantings. d. Prior to certificate of occupancy the applicant must: {1) Complete all required exterior improvements including landscaping and underground irrigation, parking lot, screening fence, exterior lighting. (2) Install stop signs at both driveway exits. e. 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. 5 -8 Club 7 September 17, 2001 (2) The .city receives cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150 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. (3) The city receives an agreement that will allow the city to complete any unfinished work. f. All work shall follow the approved plans. The director of community development may approve minor changes. 5-8 Club 8 September 17, 2001 CITIZEN COMMENTS I surveyed the owners of the 28 properties within 350 feet of this site. Of the 11 replies, 10 were generally in favor of the proposal with minor concerns regarding the development itself and 1 was opposed: In Favor 'I. Daniel and Mary Tacheny, 2303 Minnehaha Avenue (Neighbors to the East): "Move the trash bin over behind the restaurant. Keep the parking lot lighting down so as to not light up my property.11 2. Roger and Richard vanderhoff, 2300 Stillwater Road (Neighbors to the North): "I lived here over 26 years. 1 never had any problems with the place next door. I welcome the Food Service d /b /a 5 -8 Club as new owners. A may ask for a privacy fence by the new deck they plan to put up. Otherwise my brother (Rich) has no objections whatsoever." 3. Kathryn Sorenson, 2302 Stillwater Road (Neighbor to the Northeast): "I have never had any problems with the restaurant/bar, they have been fairly good neighbors. I do have some issues with your plans and they are as follows: a) The garbage area is not acceptable where you show it. Should be over by the building. Do not want the smell, noise ftom pick up, or possible animals; b) An eight foot nice looking and well maintained privacy fence with some type of bushes or shrubs to block/absorb the noise from cars and people; c) Lighting not above the fence line. Do not plan to have bright lights shining in my windows; d) Am not sure how the lot will be graded but would assume that there will be no problem with water collecting in the corners of our yards. That lot slopes down to my yard and the neighbors." 4. Sarracks Drive In Liquors, 2305 Stillwater Road: "Anything would be an improvement to what is currently there. Parking lot is relatively small for a restaurant. Beau's Food and Spirits has done business as a restaurant/bar for 30+ years. Therefore, it seems to reason that it has all the ability to continue doing so under new ownership." 5. Gin Foon Mark, 2259 Minnehaha Avenue: "We feel that this restaurant is a great improvement to the area. The neighborhood needs more family dining. Our only concern is that their overflow parking might try parking in our lot. Also, with late night drinks, as you know we live here." 6. Eugene and Shirley Beaulieu, Beau's Food and Spirits, 2289 Minnehaha Avenue: "We think it would be a big plus for the neighborhood and the City of Maplewood. We agree with the proposal to approve the project for remodeling, expansion, and rezoning. Uplift to the establishment would (benefit the neighborhood and business. We hope planning committee and city council will strongly pass the request by Food Services, Inc." 7. Kenneth Mosner, 758 McKnight Road N: "I think the remodeling efforts should go forward as long as the neighbors' concerns (the neighbors who live next door to the restaurant) are addressed. This area needs to be kept up, as it is an entryway to Maplewood." 8. Marie Robinson, off- premises owner of 2315 Minnehaha Avenue: "No objection — encourage improvements." 5-8 Club 9 September 17, 2001 9. Malcom Boege, 756 McKnight Road: "We need a good restaurant on this side of town." 10. Martin Connolly, 2257 Minnehaha Avenue: "I believe this would be an excellent project and excellent for the neighborhood. I hope it moves forward." Opposed 1. Minnehaha Partner Limited Partnership, 1660 Highway 100, Suite 135, Minneapolis (owners of the 2 -M apartments located on the southwest corner of McKnight .Road and Minnehaha Avenue): "We are opposed to the plan due to concerns about increased traffic, increased amount of intoxicated patrons walking /driving around the area, and having a commercial structure so close to existing housing." 5 -8 Club 10 September 17, 2001 REFERENCE INFORMATION SITE DESCRIPTION Site Size: 25,846 square feet (0.6 acres) Existing Land Use: Restaurant/Bar SURROUNDING LAND USES North and East :: Singie�Family Homes (Zoned R-1) South: wells Fargo Bank and 3 -M (Zoned M -1) West: Multi- Tenant Building: Martial Arts and Floral Business (Zoned BC) PLANNING Existing Land Use Plan: Single - Dwelling Residentia (R Existing Zoning: Single - Dwelling Residential (R -1) CRITERIA FOR APPROVAL 1. Land Use Plan Amendment: Where are no specific criteria for land use plan changes. Any change, however, should be consistent with the goals and policies in the Comprehensive Plan. Two specific goals apply to this proposal: a. Promote economic development that will expand the property tax base, increase jobs and provide desirable services. b. Maintain and upgrade environmental quality and, where needed reclassify land u ses. In addition, four specific commercial policies apply to this proposal: a. Require adequate off - street parking and loading facilities. b. Avoid disruption of adjacent or nearby residential areas. C. Require commercial developers to make all necessary improvements to ensure compatibility with surrounding residential uses. d. Require adequate screening or buffering of new or expanded commercial areas from any adjacent existing or planned residential development. 2. Rezoning: Section 36-5 of the Zoning Code requires that the city council make the following findings to rezone property: a. The proposed change is consistent with the spirit, purpose and intent of the Zoning Code; b. 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; C. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare; 5 -8 Club 11 September 17, 2001 d. The pro 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. Application Date We received the complete applications and plans for this proposal on July 13, 2001. State law requires that the city take action within 60 days of receiving complete applications for a land use proposal. in order to accommodate scheduling to ensure that the applicant's representatives could be present at the final city council hearing, the applicant's representative has submitted written authorization to the city requesting the land use - proposal be extended an additional 13 days past the required 60 -day limit. As such, city action is required on this proposal by September 24, 2001. Attachments: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Location Map Existing Land Use Map Proposed Land Use Map Property Line/Zoning Map Proposed Zoning Map Surrounding Address Map Surrounding Structures Site Plan Building Elevations Landscape Plan Building Footprint Fence Post Light Detail 5 -8 Club Menu 5 -8 Club Letter of Justification Pictures of Minneapolis 5 -8 Club Pictures of Beau's Food and Spirits .and Use Map Change Resolution Rezoning Resolution Conditional Use Permit Resolution Variance Resolution Plans date stamped August 21, 2001 (Separate Attachment) 5-8 Club 12 September 17, 2001 ATTACHMENT 1 " V Trailer "°"` � —�•�� r`GCi� Court t EY L� �H T LN G} W TILSEN (n DOL t J tv COYOTE t ANTELOPE WAY Z Q gig C 2 AMBERJACK LN Z C� 2 � � @0�8a R� RD w Q 5 15 5 COUR LN HAWT ME AVE. 0 E. MARYLAND AVE. 31 ROSE AVE. �N tuM V , s o GERA � � �O• 0 MAGNOLIA t AVE v Beaver z I (n Coke - c- r! � ( A ll =o 0 Za CASE AVE. w - o: RAND LN. BRAND AVE. ST. Par 7th ST. ' roc 7th ST. c.ac.r z USH A J Z � W W Q U 5 a E. MINNEHAHA AVE. i0 O � 34 • MARGARET AVE. Lima Lake ( '� 5th AVE. z a fREM NT z 0 !Ti cr. W v SE VICE OR. CONWAY qyE, r� z. U6 Tanners Lake 12 Huosot4 0• 12 w►' o � PL in cn o Y 0 9 O W EW p Pm e °D" Creek v MAYER LN. LOCATION MAP 4 N 13 ATTACHMENT 2 EXISTING LAND USE MAP Q N 14 REVISED 10/19/94 -- --- '- Z E Y os R•3(M) i R•3(M) R -1 M -1 OS 11 a ct or i Ave. i.. = R•2 R -1 S NC � R•3 {NSj � R - 3 ( H) --6 o f c t a r - R -3(M) M aryland Ave. R i Stillwater Rd. R•3(M) ,p --- 8C a - SW - • oS LBc i R• s •`'� --•- tt t •�. m Ave. Harvester Ave _ t ^_. M -• r. - C R-3(H) C �P m -� CEM o BC(M) - — -=- -„— LBC 8C Minnehaha Ave. 8C R•1 •1 = OS LBC -- R -3(H) es bw — M•1= OS OS • b o �• .. _ bo .. -, •-� ma'or tfe t -= nway Ave. r 8V C O m om. 12 �• CC �♦ V i _ 'rsterchange i erchange _ 1 -e4 EXISTING LAND USE MAP Q N 14 ATTACHMENT 3 PROPOSED LAND USE MAP 4 N 15 REVISED 10/19/94 j ' r ' � r Y os � V v R •3(M) =' . .• i R•3(M) R -1 _ M� OS Hector ivy Ave. } i NC R R•2 R•1 S -3(M) c R•3(H) L ct t r R-3(M) aryland Ave. R ,V '- Stillwater Rd. _ R -3(M) ' sc J .� � a SW - :: L c -{ Icn » t Harvester Ave. f R•3(H) C -.P m -' 8C BC(M) •�, CEM - -_ 0 LBC 8C Minnehaha Ave. �•� _ 8C bcm sec — dM R•3(H) own M.� OS •- OS ca o M. i - E c E ' ma'or c Ole c t --=— nway Ave. 8C c 0 M - 2 ,- CC V , 'nterchange t erchange . 1 -84 PROPOSED LAND USE MAP 4 N 15 ATTACHMENT 1. 00'AC. - - — - -- -- — — — — — — — — — — — > fN 243' 109.45' / RJ f bs � 9 561.18' �oJ MQ ♦♦ lL d' h 041 391.11' % 4 Ni - — • C4 / ro - - — — — 11 — — — — — — 10 Nn e j ------- ' - - - All / e • / 420.41' 672A1' BUSH .i 621 ! / - 11' 60. 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"59032 M Lam; I � rzA� - -1 tv GC .305 ti �G1 "�S j CENTRE�IO�R CON I �J , v lV i9is 1�1 7.. , I / a / PROPOSED ZONING MAP 4 .Iv 17 �19Z 7QS1Z fl$6 SOSZ ,STERLING S a Z � i86Z � N Z.e6Z Z 9L6Z �Q ei 56z a LAKEWQQD DR; 9602 6m F 8892 __.. ...__ eg 1892 VB9Z 1892 cn 0682 z9m , ' 0= t9m � z a � � ' 06EZ tt'EZ U99 s test 6882 owl 6w "W 099Z t99z 0099 ' tow Utz a g � ¢ • r n � ow ma IN A t L 16ZZ � V 6,S: u 08LZ Lm e"x 906 ° OW 96w. 9602 6m s69a I I - I lb'£ 8892 __.. ...__ W�r i3 n ti n n 1892 VB9Z 1892 cn 0682 180E - a� ao ap uw � z a � � un 9Z LOW U99 s 6882 owl 6w "W 099Z t99z 0099 ' tow oge r �. f .... mr N !Z ] t08Z cri i i tq ' L99E . - 4 0 t9 , EDITH ST Zti MEYER S.T a n a� co R X 9L8'Z tL£Z mZ em N gm "' PCs, m V � 6 bk7 ��i oeaa 1ZFz to 0 N t �? a= pax m 7ndd 1 n►1ds W ATTACHMENT 6 - m 0 ; 1=2 q C O m Ol q W w� C C O C _ � Q G Z .1 m J ?; � U N Q ir a . 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Important: Consult factory for lam in options P g p for ceiling mount applications. ce C� C Sample Catalog No: A 7 9 A G 13 F - -- FENCE POST LIGHT DETAIL See pages 10 -1 I for photometrics and lamp performance data. 26 BEER, WINE , & COOLERS We Proudly Serve: A A ll f blWs, co l fee, 0 r C ago M z C A DIFFERENT ERA In 1928 at the height of Prohibition, the 5 -8 Club opened amid the high living flapper era and operated as a "speakeasy" serving beer and liquor illegally to its thirsty patrons. "Speakeasies" such as the 5 -8, got their name because those wishing to enter a "speak" were advised to knock softly at the door and speak "easy" (quietly) to the doorkeeper. That way no law enforcement authorities could overhear the conversation. During its days as a "speak," The 5 -8 Club was an ordinary stucco house located out in the country where Cedar Avenue interseetW with a then unpaved side road, later to become 58th Street, and just adjacent to the new Wold - Chamberlain Airport. Combined with its location, the fact that the club had an underground garage (The door was discovered in the 1996 renovation.) made it a particularly desirable "speak." Cars, their trunks filled with bottles of illegal hooteh packed in burlap bags could pull right into the underground garage and the "goods" could be taken upstairs. The U.S, remained officially "dry" until Prohibition was repealed on December 5, 1933. At that time the 5 -8 club went "legit" and became widely known for its famous burgers and a wide selection of beers. Shortly before World War II, 58th Street was paved and someone "sawed the roof" off the old house creating the flattop look you see today.. Much around it has changed since that time but to this day -- over 70 years later- - the 5 -8 is still known for its great burgers, famous beers, generous portions, and thoughtful service. We hope you enjoy your meal and that you will return often to one of the Twin Cities last remaining "speaks." THE 54 GUARANTEE If you aren't 101% delighted by the quality of your ,meal and the service you receive, we will gladly refund the cost or replace it in its entirety -- No questions asked! If you're not happy, neither are we, so we'll do whatever is necessary to make it right! Web Site: www.S•80Ub.com THC TAVERN GRILL Home of the Juicy Lucy & The Best Burger Basket in the Twin Cities! For Takeout Call: 612 - 823 -5858 since 1928 r 5800 Cedar Avenue South Minneapolis 9 Minnesota 0 M z BEVERAGES Ina Glass .............................................................................. ............................... ...........................1.40 Coca cola —Diet Coke — Sprite —Diet Sprite — Minute Maid Orange —Mr. Pibb -- Ginger Alo -Mello Yellow Ina Can ............................................................................ ............................... 1.25 coca -cola —Diet coke Ina Bottle ........................................................................................................ ............................... 1.35 IBC Root beer — Apple Juice— Huddyrs Orange or Grape Soda — Raspberry iced Tea-- Snvple Lemonade -1120 Mineral Water Fresh Brewed Ice Tea ........................................................................................... ............................... 1.40 Coffeeor Hot Tea .............................................................. ............................... ...........................1.00 2% Milk or Chocolate Milk ............................................ ............................... ...........................1.00 N DESSERT t resh Baked Gourmet Cookies ..................................... ............................... ...........................1.25 Your choice of 2 cookies. We feature sugar, oahneai raisin, M&M Chocolate chip, and peanut butter. TheUltimate Chocolate Cake ................................................................. ............................... .2.95 A chocoholics dream!! We Proudly Serve: A A ll f blWs, co l fee, 0 r C ago M z C A DIFFERENT ERA In 1928 at the height of Prohibition, the 5 -8 Club opened amid the high living flapper era and operated as a "speakeasy" serving beer and liquor illegally to its thirsty patrons. "Speakeasies" such as the 5 -8, got their name because those wishing to enter a "speak" were advised to knock softly at the door and speak "easy" (quietly) to the doorkeeper. That way no law enforcement authorities could overhear the conversation. During its days as a "speak," The 5 -8 Club was an ordinary stucco house located out in the country where Cedar Avenue interseetW with a then unpaved side road, later to become 58th Street, and just adjacent to the new Wold - Chamberlain Airport. Combined with its location, the fact that the club had an underground garage (The door was discovered in the 1996 renovation.) made it a particularly desirable "speak." Cars, their trunks filled with bottles of illegal hooteh packed in burlap bags could pull right into the underground garage and the "goods" could be taken upstairs. The U.S, remained officially "dry" until Prohibition was repealed on December 5, 1933. At that time the 5 -8 club went "legit" and became widely known for its famous burgers and a wide selection of beers. Shortly before World War II, 58th Street was paved and someone "sawed the roof" off the old house creating the flattop look you see today.. Much around it has changed since that time but to this day -- over 70 years later- - the 5 -8 is still known for its great burgers, famous beers, generous portions, and thoughtful service. We hope you enjoy your meal and that you will return often to one of the Twin Cities last remaining "speaks." THE 54 GUARANTEE If you aren't 101% delighted by the quality of your ,meal and the service you receive, we will gladly refund the cost or replace it in its entirety -- No questions asked! If you're not happy, neither are we, so we'll do whatever is necessary to make it right! Web Site: www.S•80Ub.com THC TAVERN GRILL Home of the Juicy Lucy & The Best Burger Basket in the Twin Cities! For Takeout Call: 612 - 823 -5858 since 1928 r 5800 Cedar Avenue South Minneapolis 9 Minnesota 0 M z APPETIZERS Spicy Buffalo Wings .................................................................................... ............................... 5.50 Very spiry wings served with cool bleu cheese dressing and celery sticks. N achos Supreme ................................................. ............................... 6.75 Without Meat 5.7S Tricolored chips topped with seasoned beef, cheddar and mozzarella cheeses, lettuce, mild chilim black olives, and tomatoes. Served with salsa and sour cream. Deep Fried Cheese Curds ........................................................................ ............................... 3.75 Real Wisconsin white cheddar dipped in a light, crisp breading and served with a siege of marinara. ChickenFingers ............................................................................................ ............................... 4.75 Juicy chicken strips, breaded and fried until golden. Served with homey mustard. PotatoSkins .................................................................................................... ............................... 05 Topped with cheddar and momarelia cheeses plus bacon. Served with a side of sour cream. OnionStraws ................................................................................................. .s............................. 3.75 Very thinly sliced onions, hand breaded and deep fried you won't find a more deliciaw anion scrawl Buffalo Popcorn Chicken ........................................................................ ....:.......................... 3.95 A generous serving of bite sized, spicy pieces of chicken. Served with a side of bleu chows dressing to cool the flames. Deep Fried Mushrooms ............................................................................ .......:...s................... 3.7S Whole button mushrooms served with a side of homemade bleu cheese dressing. Mozzarella .......................................................................................... ............................... 3.75 Eight sticks served with a side of marinara. ChickenDrummies ..................................................................................... ............................... 5.2S Breaded chicken dnunmies, deep tried and served with honey mustard or BBQ sauce. OnionRings .................................................................................................... ............................... 3249 " eneh Fries CO io Potatoes .................................................................................................. ............................... 2.99 We take skin -on, wedge cart potatoes and lightly season them. SALADS & E XTRAS Ranch -- French- -Fat Free French Thousand Island- -Bleu Cheese- -Red Roquefort BLT Salad ....................................................................................................... ............................... 5. Shaved turkey, bacon, tomato, and cheddar served over mixed groans. GrilledChicken Salad ................................................................................ ............................... 5. Marinated chicken, tomatoes, and mozzarella cheese served an mixed greens. Tossed Salad ................................................................................................... ............................... 2.50 Fresh greens with tomato, greens pepper, and cheddar. Sliced Tomatoes and Onion .................................................................... ............................... 2.95 Blanched and served cold. Order with RED ROQUEFORT and you71 think you're in heaven. "Stand - up" Chili ....................................................... ............................... Cup 1.95 Bowl 2.95 Our own chili, matte horn scratch and topped with cheddar cheese. Coleslaw....................................................................... ............................... Small .50 Large 1.25 We make ours from scratch. Sides......................................................................................................................... .............................60 Blcm Cheese, RandL Sour Cream, BBQ sauce, or Salsa. THE BURGERS Our burgers are without a doubt the best and freshest around. All our burgers are Certified Angus Beefrm Ground Chuck and the buns a are baked fresh daily. Single burgers are a quarter pound. Fried or raw onions upon request. All burgers are served with pickles. Toasted buns also available upon request. BaconCheeseburger ................................................................................... ............................... 3.60 Our quarto pound burger topped off with American cheese and 2 show of bacon. Bacon Cheeseburger ........................... ............................... ....... ............................... 5.35 SupremeBurger ............................................................................................ ............................... 3.60 With bacon, pepper cheese, and BBQ sauce. BleuCheese Burger ...................................... .............................6. ............ ............................... 3.60 Our r ... HOMEMADE bleu choew dressing served on our already delicious bur , /� Cal ifornia Burger ........................................ : .............................. ............................................... 3.20 Lettuce, tomato, mayo- Add cheese for 0.20 more! . THE JUICY LUCY « ........................................................................«....... ............................... 3.85 By far our most popular menu item, the Juicy Lucy is a mouthwatering half po and burger stuffed with American cheese. The cheese ese is HOT -be careful and take your time. Order a basket of fries or onion rings while your Juicy Lucy cools a bit. Bleu, pepper or Swiss cheese also available. The wait's a little bit longer, but we promise it71 be worth it! Make a basket! ................................................................. ............................... ...........................1.75 Includes fries and coleslaw- an unbelievable value! Substitute jojos or onion rings in your basket for a bit more.. ... .......................... Rings .99 Dojos .75 MushroomSwiss Burger ....................:..................................................... ............................... 3.45 Our classic burger smothered with sauteed mushrooms and Swiss cheese. Hamburger ...................................................................................................... ............................... 2.85 DoubleHamburger ..................................................................................... ............................... 4.05 Cheeseburger.................................................................................................. ............................... 2.95 Double Cheeseburger ................................................................................. ............................... 4.35 If Veggie Burger ................................................................................................ ............................... 2.85 May be substituted for any of our specialty burgers except for the Juicy Lucy. RIB, CHICKEN & FISH DINNERS BBQ Pork Ribs ................................... ............................... Full Rack 13.75 Half Rack 8.50 St. Louis style ribs in our own BBQ sauce. Served with jojos, coleslaw and garlic toast. BBQ Chicken Dinner ..................................................... ............................... ........................... 7.75 Two boneless chicken breasts marinated and grilled in our own BBQ sauce. Served with jojos, coleslaw, and garlic toast. Walleye Basket ................................................................... ............................... ...........................5.95 Small fileas of deep fried walleye. Includes jojos, coleslaw and tartar sauce. Shrimp Basket ........... ............................... ................................................. ............................... 5.95 Deep filed shrimp, Gies, and coleslaw with cocktail sauce on the side. SANDWICHES S=V= WrM FRIES "Hangover" Pork Tenderloin ................................................................. ............................... 5.75 A hand flattened and lightly breaded pork tenderloin, flash fried so it is slightly crispy on the outside and juicy on the inside. Walleye Sandwich ........................................................................................ ............................... 6.50 A Minnesota filvorite. Our hand breaded fillet is served with lettuce and cheese on a French roll. Basket include fries, coleslaw and a side of our homemade tartar sauce. Chicken Sandwich ........................................................................... ............................... 6.25 Grilled chickott breast topped with Swiss, bacon, lettuce, tomato and mayo on a focaoda roil. Served with fries and coleslaw. SteakSandwich ........................................................................................... ............................... 6.25 A grilled 6oz. itsak, cooked to ov*, and served open face on Texas toast with jojos and coleslaw. Philly ........................... e..,.•................................................................................. ............................... 6.95 Hot, thinly sliced roast be dmve+ed with sauteed onions, green peppers, and Swiss cheese on a warm French roll. Served with fries and coleslaw. BBQ Chicken Sandwich ........... . .............................................................. ............................... 5.75 Marinated chicceo grilled in our made Dorn scratch BBQ sauce and served with jojos and coleslaw. With Pepper cheese and bacon -6.75 Grilled Tenderloin ............................................................................ ............................... 5.75 Served on a bun with lettuce, tomato, and mayo with fries and coleslaw. French ...................................................................................................... ............................... 6.50 Hot, thinly sliced roast beef on a warm French roll with a slice of raw onion. Served with fries, colelaw, and a side of au jus. Grilled Chicken ............................................................................................. ............................... 5.25 A boneless chicken breast with lettuce and mayo. Served with fries and coleslaw. Reuben .............................................................................................................. ............................... 5.25 Our version ofthis classic. Served with fries and coleslaw. BBQ Sandwich .............................................................................................. ............................... 5.75 Thinly sliced beef or pork simmered in BBQ sauce and saved with jojos and coleslaw. SERVED WITH CHIPS Clubhouse Sandwich .................................................................................. ............................... 5.35 Turkey, bacon, lettuce, tomato, and mayo on your choice of white, wheat,or caraway rye toast. Delisandwich ................................................................................................ ............................... 3.80 Grilled Cheese ................................................................................................ ............................... 2.25 With bacon and tomato ......................................................................................... ............................... 3.55 Hot dog ............................................................................................................. ............................... 2.25 ADD our homemade chili, cheescq and onions the best chili dog in the Twin Cities... .. ............................. 3.75 CornDog ............................................................................... ............................... ...........................1.50 BLT................................................................................................................... ............................... 3.80 Simple, yet superb bacon, lettuce and tomato on toast Add double bacon for 1.25 more! Please present coupons when ordering!! Web Site www.S- 8C1ub.eom Sorry, no separate checks. ATTACHMENT 14 Variance Property: 2289 Minnehaha Ave. Applicant: James W. Emison or his designee Contact: Jill Skogheim Phone: 952- 828 -7002 The property at 2289 Minnehaha Avenue cannot be used as a restaurant without a variance for the parking setback requirement that there be a twenty (20) foot setback where a "nonresidential use abuts a residentially -zoned property." It is impossible to meet the city minimum requuirem.ent for parking stalls required at a restaurant site unless such a variance is r granted. As-it, exists and operates today, the property functions as a gravel parking lot without any setbacks. Additionally, in order to make improvements the ro ert must be commercially p p Y Y viable. The site is only viable with the proper parking obtained through this variance. Though proper ro er g the property has been a restaurant for thirty plus years, zoning was never obtained. Furthermore, without the variance the property remains unviable for any sort of commercial intent. If a variance is not granted, the property will never be improved and upgraded and instead will continue to be a bar with a trash filled gravel lot. Due to these factors, a variance is a necessity. The property at 2289 Minnehaha faces unique circumstances as it includes both property zoned as business commercial and as residential. The property clearly is intended for commercial use, given the structure of the intersection and the existing commercial businesses which compose the area. According to city records the site has been devoted to a restaurant since 1963. Moreover, it is an anomaly that during this period no one sought the proper permits necessary to operate a commercial business within the city code. Yet these circumstances exist and the area presently functions as a parking lot. In order to update the property and run a feasible restaurant, a variance is required. Lastly, this zoning change will enhance, not detract, from the use of the neighboring property as currently the gravel lot contains many weeds and waste. Pavement of the lot will allow for better property maintenance. The end result of our improvements will add to the character of the neighborhood. By restoring and remodeling the existing property, we expect that property values in the area will only increase. The renewal of food service and a shift to servin neighborhood families will also benefit the areas image. As seen in the attached site plan, we intend to uphold the landscaping, screening, and number of stalls required in the parking ordinance. In keeping with the ongoing use of the property as a restaurant, the proposed variance keeps with the spirit and intent of all city ordinances. 5 -8 CLUB LETTER OF JUSTIFICATION 29 'C � �� �. , ,fin - � • � j �* r i► - - � PO Ad v. bw TAV to tits w> ,_._,•___,•-_' ( tat tqs uas XPIM Woo IT r . • � _« .�`�`, !r/ ::.mot i:e ww�.+... .+•..., 1 _F _ � � >.�.�\,..�� {� a 't; ` 7 7., -4.7Z, �17 ,.�.^f , t'F�.. .T � :. C:': �, ,� t s�••.r ]rR'•y"sr.yc 'E'2?'' t , �c,c• i _ '",t •may' - .r.` «�., _.;F.'+ n + s "7`,,�'t• ,t ��' -�yU4 y TIM .Yi�r •�."'� :-:-r -�`' - 4 t c `F; x. Y 'll�i+�e ^4,•r.; �s ,+1"K" 1 t< •'�+ �:,,» .L. � ae.c.r: `:� .�_ _ �•'� ��� �,� �: -,tc t�.�.`_y �.} +alt -{ �_" . 'tsu � ava. �' t. � � -_ - _ � - �. � i 'z.'. 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'.�a. �• ; . . • fit► .. ° 1� , 1 ,�' �:r � '• .. ` � � JUL � �. �.� . � ; �..T.._ It flo , ,,�.:� .fit • / •�. . � t `• • • //7. r - - — Tw_� • r f o fie 14! ov Ain �4k .,• ; ,per .: �'^+. f �/ -� ,.r1 -• 't :fir _ • r.� �►,', � I r ;�' "�: c- / / • , - • ! w . • fi r ''� • •��,v !, wt. � //�" Y At Wt Ar AE r ' t ATTACHMENT 17 LAND USE PLAN CHANGE RESOLUTION WHEREAS, Food Services, Inc., d /b /a 5 -8 Club, made application to the City of Maplewood,for a change to the city's land use plan from single dwelling residential to business commercial (modified) (BC(M)) for the remodeling and expansion of an existing restaurant located at 2289 Minnehaha Avenue. WHEREAS, this change applies to 2289 and 2299 Minnehaha Avenue, Maplewood, Minnesota. WHEREAS, the history of this change is as follows: 1. On August 20, 2001, the planning commission held a public hearing. City staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission conducted the public hearing whereby all public present were given a chance to speak and present written statements. The planning commission recommended that the city council approve the plan amendments. 2. On , 2001, the city council discussed the land use plan changes. 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 land use plan change for the following reasons: 1. This site is proper for and consistent with the city's policies for commercial use. This includes: a. Require adequate off - street parking and loading facilities. b. Avoid disruption of adjacent or nearby residential areas. C. Require commercial developers to make all necessary improvements to ensure compatibility with surrounding residential uses. d. Require adequate screening or buffering of new or expanded commercial areas from any adjacent existing or planned residential development. 2. This development will minimize any adverse effects on surrounding properties because: a. Expansion of the parking area will supply adequate off - street parking and loading facilities for the site. b. Expansion of the restaurant/bar has been designed in the best manner to avoid disruption of adjacent or nearby residential areas including placing the new deck in the front of the building as opposed to the rear, installing a 6 -foot high privacy fence along all shared residential property lines, and locating the dumpster along the building wall which is away from the residential property lines. C. Expansion and remodeling of the restaurant/bar improves upon the existing structure, creating a neighborhood restaurant which is compatible with surrounding residential uses. d. Expansion and remodeling of the restaurant/bar includes adequate screening from adjacent existing residential properties with a 6 -foot high privacy fence. The Maplewood City Council adopted this resolution on , 2001. 01 ATTACHMENT 18 ZONING MAP CHANGE RESOLUTION WHEREAS, Food Services, Inc., d /b /a 5 -8 Club has proposed the following change to the City of Maplewood's zoning map: single dwelling residential (R -1) to business commercial (modified) (BC(M)). WHEREAS, this change applies to 2289 and 2299 Minnehaha Avenue, Maplewood, Minnesota. WHEREAS, the legal description of these properties are: Minnehaha Suburb Heights: Subject to the highway, the E 60' of Lot 13, the S 148.5' of Lot 14, and the S % of Lot 15., WHEREAS, the Ramsey County Property Identification Numbers for these properties are as follows: 25- 29 -22 -33 -0066 and 25- 29- 22- 33- 0028, respectively. WHEREAS, the history of this change is as follows: 1. On August 20, 2001, the planning commission recommended that the city council approve the rezoning change. 2. Can . 2001, the city council held a public hearing. City staff published a notice in the Maplewood Rerriew and sent notices to the surrounding property owners. The council conducted the public hearing whereby all public present were given a chance to speak and present written statements. The city 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 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. 5. The proposed change will reflect the existing land use on the property. The Maplewood City Council adopted this resolution on 2001. 37 ATTACHMENT 19 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Food Services, Inc., d /b /a 5 -8 Club applied for.two conditional use permits including: 1. Expansion of a nonconforming building; and 2. Operate a restaurant within the business commercial (modified) (BC(M)) zoning district. WHEREAS, this perrnit applies to property located at 2289 and 2299 Minnehaha Avenue, Maplewood, Minnesota. The legal description is: . Minnehaha Suburb Heights: Subject to the highway, the E 60' of Lot 13, the S 148.5' of Lot 14, and the S % of Lot 15. WHEREAS, the Ramsey County Property Identification Numbers for these properties are as follows: 25- 29 -22 -33 -0066 and 25- 29 -22 -33 -0028, respectively. WHEREAS, the history of this conditional use permit is as follows: On August 20 2001, the planning commission recommended that the city council approve the conditional use permits. 2. On , 2001, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The council conducted the public hearing whereby all public present were given a chance to speak and present written statements. The city council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above - described conditional use permits based on the building and site plans. The city approved this permit because: 1. The use would not change the existing or planned character of the surrounding area. 2. The use would not depreciate property values. 3. 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. 4. 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. 5. 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. 6. The use would not create excessive additional costs for public facilities or services. 7. The use would cause minimal adverse environmental effects. 38 Approval of the two conditional use permits is subject to the following conditions: 1. All construction of the 5 -8 Club shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed restaurant/bar remodeling 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 use of the deck is limited to the following hours: Sunday through Thursday — opening of business until 10 p.m.; Friday and Saturday - opening of business until 11 P.M. The Maplewood City Council adopted this resolution on , 2001. 39 ATTACHMENT 20 VARIANCE RESOLUTION WHEREAS, Food Services, Inc., d /b /a 5 -8 Club, applied for a variance from the zoning ordinance. WHEREAS, this variance applies to 2289 and 2299 Minnehaha Avenue, Maplewood, Minnesota. The -legal description is: Minnehaha Suburb Heights: Subject to the highway, the E 60' of Lot 13, the S 148.5' of Lot 14, and the S % of Lot 15. WHEREAS, the Ramsey County Property Identification Numbers for these properties are as follows: 25- 29- 22-33 -0066 and 25- 29 -22 -33 -0028, respectively. WHEREAS, Section 36 -26(a) of the zoning code requires a 20- foot -wide landscaped and screened buffer when a commercial property abuts a residential property. WHEREAS, the applicant is proposing a 5- foot -wide buffer between commercial and residential property. WHEREAS, this requires a variance of 15 feet. WHEREAS, the history of this variance is as follows: 1 On August 20, 2001, the planning commission recommended that the city council approve the conditional use permits. 2. 'On 2001, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The council conducted the public hearing whereby all public present were given a chance to speak and present written statements. The city council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described variance for the following reasons: 1. Strict enforcement of the code would cause undue hardship because of circumstances unique to the property and not created by the property owner. The 20- foot -wide buffer requirement would not allow the creation of a sufficient number of parking spaces for the facility. 2. The variance would be in kee i g with the spirit and intent of the ordinance, since the applicant is providing adequate screening and buffering to protect the adjacent homeowners. Approval is subject to the applicant providing a 6 -foot high screening fence as proposed. The Maplewood City Council adopted this resolution on , 2001. 40 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, AUGUST 20, 2001 5. a. 5 -8 Club Conditional Use Permit (2289 Minnehaha Avenue) Chairperson Fischer stated that items to be considered for this proposal are a land use plan amendment from (R -1) to (BC -(M)), a zoning map change from (R -1) to (BC-(M)), a conditional use permit for a restaurant, conditional use permit for expansion of non- conforming use, and a parking lot setback variance. Ms1` Finwall stated that Food Services;. Inc., d /b /a 5 -8 Club, is proposing to purchase, remodel, and expand Beau's Food and Spirits at 2289 Minnehaha Avenue, Located on the northeast corner of Stillwater Road and Minnehaha Avenue. The proposed project includes interior remodeling, expansion of the parking lot, a new covered deck for outdoor dining and exterior painting and improvements. Beau's Food and Spirits was originally opened as Chicone's Bar and Restaurant in the mid 1950's and has been used as a restaurant/bar for approximately the last 46 years. The city adopted their original zoning map in 1965 at which time most of the existing land uses were zoned with a zoning classification to reflect the use of the land and not to create nonconforming uses. The city did, however, zone Chicone's Bar and Restaurant residential even though it had been used as a bar and restaurant for approximately 10 years before 1965. As such, the zoning classification set by the city created a nonconforming use. - I n staff's opinion the city originally intended to have a commercial zoning for this site to match the restaurant/bar in use at the time. But for some reason the zoning on this property was classified as residential and has not been an issue until this proposal for an expansion. The proposed zoning, therefore, is from residential to the business commercial modified (B -C(M)) zoning district. The business commercial modified district is intended to provide for the orderly transition between more intensive commercial uses and low or medium density residential uses. Within this zoning district, restaurants without drive - through facilities are allowed with a conditional use permit. The conditional use permit process will allow the city oversight to ensure there are limited impacts on the surrounding residential properties. The proposed improvements on this site include a 620- square -foot deck located on the northwest side of the building adjacent to Stillwater Road. The deck will be surrounded by a 5 -foot high privacy fence with one foot of lattice on top and covered with a decorative awning. The deck requires a conditional use permit as it is expanding off of the existing building's nonconforming setback of 15 feet to residential property as Opposed to the required 50 -foot setback adjacent to residential property. The new deck also comes within 22 feet of Stillwater Road where a 30 -foot setback is required. Beau's Food and Spirits currently has 23 paved parking stalls and overflow gravel parking on the east side of the building. The applicants propose to add an additional 23 parking stalls in the gravel parking area towards the east side of the building. This parking lot will come within 5 feet of the east residential property and 10 feet to the north residential property line. The parking lot will require setback variances. The applicants stress that the parking variance is necessary in order to make the property commercially viable with adequate parking. Planning Commission -2- Minutes of 08 -20 -01 The number of parking stalls after the expansion is still 7 parking stalls less than the city's required for the expanded restaurant. Since the expansion of the parking lot will make the parking situation more conforming with code, no special authorization for this parking is required. Staff agrees with the applicants that the 46 parking stalls proposed would be adequate since the ratio of parking will increase and the proposed deck will only be used seasonally. The applicants show a 6- foot -high cedar privacy fence along the entire length of the east property line. The property owner to the east at 2303 Minnehaha Avenue, Daniel Tacheny, has recently begun the framing construction of a 5- foot -high- stucco fence. This fence is being constructed approximately 5feet into Mr. Tacheny's property, extending from the rear of his detached garage to his rear property line. This fence was originally proposed by Mr. Tacheny to screen Beau's existing gravel parking area. Upon notice of the 5 -8 Club's proposal, the property owner contacted the applicant and inquired about continuing this style of fence along the shared property line. The applicant's point out that Mr. Tacheny's fence is not constructed right on the property line but 5 feet within the adjacent property and will not offer the screening required. For these reasons, the applicants do. not wish to extend off of Mr. Tacheny's fence, but rather construct a fence on the property Fine. Another building addition is a cooler that will need to be bumped out of the existing kitchen approximately 8 feet to the east. The applicants propose to screen this cooler by painting it white to match the building and adding latticework on the sides. The location of the dumpster enclosure was a concern of the neighbors located on both sides. During negotiations it was determined that the best location of the dumpster enclosure would be directly to the east of the new cooler location. Then the new cooler and dumpster enclosure would be fenced in. The existing curb cut on Minnehaha Avenue will remain the same. The grading and drainage plan is designed with a water retention pond to help purify water from the expanded parking area only. The proposed landscaping would include 15 maple trees, 52 shrubs and a perennial garden to the north of the deck. Most of the landscaping will have to be installed in the right of way. Staff has contacted the Minnesota Department of Transportation as well as the county and they are receptive to the idea of placing the landscaping in the R.O.W.S. They however, have some alternative comments regarding trees adjacent the driveway exits. Chairperson Fischer asked members for any questions of the staff report. Commissioner Trippler replied that he is bothered by the request of the 5 -foot parking lot setback. Another concern is the location of the deck in relation to the neighbors' homes, and the noise level in the evening. Planning Commission -3- Minutes of 08 -20 -01 Commissioner Dierich stated that she is thrilled that this is happening for this particular site. However, she is feeling uncomfortable with the setbacks and the deck plan. It puts it practically in the north neighbor's backyard and she wondered if the applicant thought of moving the deck plan to the roof of the structure since it is a flat roofed structure. It would accommodate the need for the amount of parking spaces that is needed and it would get if off the street level. She stood in the parking lot of Beau's that evening at 6:00 p.m. and stated it would be very noisy to eat on the deck at the street level. Ms. Finwall stated that the original proposal showed the deck located on the northeast corner of the lot and staff felt that the deck placed on the northwest side of the building was a better alternative. The roof proposal was not looked at or discussed. Commissioner Ledvina stated he had 'a question regarding the lighting plans. Ms. Finwall replied that the proposed four fence lighting fixtures will be installed directly on the fence posts and will not extend above the fence posts. Commissioner Pearson asked about the cooler being bumped out and if there was still adequate A.D.A. space for access to the ramp from that sidewalk? He stated he could not make the distance off the plans. Ms. Finwall, replied that she did not have the answer to that question. She said thank you for pointing that out, we will look into that. Commissioner Mueller stated he is concerned about finishing the fencing rather than the cedar and chain link combined. Is it a cost issue or what is the reason for that? Ms. Finwall stated she was not sure. Maybe the applicant could respond to that question later. Commissioner Trippler asked if the deck poised a nuisance to the neighbors, is there any recourse they have with the noise ordinance and late hours being kept? Ms. Finwall replied that there is a noise ordinance in the city of Maplewood so with that ordinance they will have some recall. The conditional use permit is up for constant review as well. Commissioner Trippler asked if quite hours begin at 10:00 p.m.? Mr. Roberts stated in commercial areas there are no set quite hours. In residential areas quite hours begin at 7:00 p.m. Under the conditional use permit the city could choose to set hours of operation for the outdoor deck as a condition. For example they could state that the deck cannot be used after a certain time. Commissioner Dierich questioned the total occupancy in the building at any one time? Ms. Finwall said she did not have an answer to that, maybe the applicants could answer that for us. Planning Commission -4- Minutes of 08 -20 -01 Commissioner Dierich replied that the stucco finish on the fence would be a very nice solution for noise levels in the neighborhood. Although it is more expensive, it will be more appealing and should control the decibel of noise more than a cedar and or chain linked fence. Having the fence packed with some insulation in between and covered with stucco, the noise level would be controlled more for those neighbors. She would recommend that the applicant continue the stucco fence and move it all the way up to the street side as well. Chairperson Fischer asked the applicant to come forward. Jill Skogheim, of Food Services, Inc. d /b /a 5 -8 Club introduced herself. Commissioner Mueller asked Ms. Skogheim what type of an eating establishment is the 5 -8 Club, is it like a ChamppIs, a Village Inn, or a family -type establishment? Ms. Skogheim replied, they are a neighborhood tavern grill specializing in a burger called the "Juicy Lucy" sandwiches, walleye dinner, shrimp basket, and ribs. It is generally a family place as well as a place the neighbors have come to gather. Commissioner Mueller asked if it is an establishment that a local subsidized ball team would come and celebrate at after a game at 11:00 p.m. and stay until 1:00 in the morning? Ms. Skogheim stated that they have not had that situation at all in their Minneapolis location. They do have an earlier cutoff on the deck. The hours for the deck are generally used until 10:00 p.m. during the week and until 11:00 p.m. during the weekend. The deck is used less than 3 seasons out of the year. Commissioner Mueller asked Ms. Skogheim about the look of a chain linked fence verses the cedar finish on a fence. Ms. Skogheim replied that a 6 -foot high cedar fence is awfully high for all the landscaping they are goring to do. The neighbors and the people passing by would not be able to see any of the perennial gardens. It was intended to beautify that area and not in anyway detour from it. Commissioner Ledvina asked what the purpose of the chain- linked fence was? Ms. Skogheim stated that the chain - linked fence is already there right now. We felt that the screening on the deck made for a narrow corridor to plant in as opposed to something that does appear more open. Commissioner Mueller asked the applicant how long the 5 -8 Club had been in the Minneapolis location on Cedar Avenue? Ms. Skogheim stated it has been there since 1928 but has been under Food Services, Inc.'s operation since late 1995. Commissioner Pearson asked how long the deck had been in place at the Cedar Avenue location? Ms. Skogheim replied the deck area had been in place for 10 years. Planning Commission Minutes of 08 -20 -01 Commissioner Mueller asked if Ms. Skogheim had talked with the neighbor about the stucco fence going up? Ms. Skogheim commented that the issue with the stucco fence is that it is not on the 5 -8 Club's property and to continue the fence they would continue into the neighbor's hedge and other shrubs. The cedar fence would be more of a barrier in height, the neighbor's fence has been in progress for about 3 or 4 years now and is just a wood frame. What was proposed to the applicants by the neighbor was that the 5 -8 Club stucco the neighbor's fence and attach .the applicant's cedar fence onto the fence. The cost of doing a stucco fence is quite large in comparison to doing a cedar fence, and to stucco the neighbors fence, putting stucco on somebody else's property. If a new neighbor moves in, then we don't really have any control of something they own. Jay Tacheny of Edina Realty came forward to speak. He is representing his parents who live at 2303 Minnehaha Avenue. His parents are the homeowners that have the stucco fence that has been in progress for the past 3 or 4 years. The owners of Beaus had been great neighbors and have been very responsible and we hope the 5 -8 Club continues that same attitude with regard to the neighborhood. We are definitely concerned about keeping the fence that is currently there and maybe attaching to our fence or putting a jog in the fence. Maybe we could propose a land trade of the 5 feet so that they could put an extended parking space in for trucks on that back 30 feet. And then the applicant's could continue with a cedar fence. We would like to see that the color of the fence match the exterior of the restaurant. Mr. Tacheny is in real estate and many of his customers have stated chain - linked fences are not very appealing to the eye. Commissioner Mueller asked about having the neighbors get rid of the chain - linked fence and put in a split rail fence. That way you can look through the fence and enjoy the landscaping and it will match the cedar fence much nicer. Mr. Tacheny did state that his father had a heart attack and that is why the fence was not completed. They are now interested in finishing the fence that was started years ago. Commissioner Trippler asked Mr. Tacheny if he understood him correctly that his parents are willing to negotiate with the applicant to give up the 5 feet on the east edge if the applicant will then take over finishing the stucco? Mr. Tacheny replied no not the entire length of the property but on a portion of that they would be interested in talking with regard to giving up 2 or 3 feet perhaps if they could do a full stucco fence. ! know they have to come in under budget so they probably can't agree to that. Commissioner Trippler is concerned about the 5 -foot setback of the parking lot. Mr. Tacheny stated his family is concerned about the setback as well. Commissioner Trippler stated that if the Tacheny family gave up the 5 feet than they would have a 10 -foot setback instead of a 5 -foot setback. The homeowner, Mr. Daniel Tacheny, came forward and stated he has no problem with the proposed 5 -foot parking lot setback with the 5 -8 Club. Planning Commission -6- Minutes of 08 -20 -01 Commissioner Trippler stated Mr. Tacheny may not have a problem with the setback but if he turned around and sold his property, the new owners may have a problem with the setback and then we have problems. Mr. Tacheny stated that the 5 -8 Club loses parking on that entire stretch and if they lose that, then they can't open for business. Then we are back to square one. Commissioner Mueller commented that both sides are welcome to discuss the 5 feet on the properties, make a decision, then draw up some new plans and return to another meeting with them at that time. Ms. Finwall stated that Mr. Tacheny Ts lot is currently a nonconforming width of 66 feet. Allowing ani additiona'I 5 feet of width would only increase that nonconformity. Ms. Kathryn Sorenson of 2302 Stillwater Road came forward. Ms. Sorenson is one of the neighbors to the north. Ms. Sorenson said that the issues that she had with Beau's Food and Spirits, Food Services, Inc. have been met. The garbage dumpster location was an issue, the lighting, and the fence. When the parking lot was gravel, cars used to get stuck in the mud and the headlights would shine in on her property. The drainage was also an issue for her and it looks Like the proposed plan is addressing that as well. They have been good neighbors and they have met the conditions and the issues that she had. As for the proposed deck, it is far enough away so it really won't bother her. Commissioner Ledvina asked how snow removal is going to be handled on this site, as it doesn't appear that there is much room to pile snow on the site. Ms. Finwall assumed that the snow would be pushed into the area designed for water retention as well as into some of the right of way. They may have to haul away some of the snow to make more room. Commissioner Dierich commented that the overhang is starting to bow, there are wires hanging out and there is some rotten wood in the entry area. Will the exterior improvements be part of the conditional use permit as swell? Ms. Finwall said the exterior would be repaired and fixed up, and the building will be a taupe color with burgundy trim. Commissioner Pearson asked if both air conditioning units will be screened or will they be out in the open? Ms. Finwall stated that was a good question and perhaps the planning commission could make that a condition. The Community Design Review Board will review the air conditioning issue.also. Commissioner Mueller made a motion to recommend the land use permits for the 5 -8 Club. Commissioner Pearson seconded the motion. Planning Commission -7- Minutes of 08 -20 -01 Commissioner Dierich wanted it noted she felt they should deny 3. b., to ask the applicant to reconsider the location of the deck because that affects so many other areas. I would vote nay because of the deck location. Commissioner Trippler felt very strongly about the proposed 5 -foot parking lot set back but will probably vote yes for the setback because the neighbor has stated his approval with the setback. We are either going to have the setbacks and enforce them or not have setbacks. Commissioner Ledvina suggested that we add on page 7 number 3. an item d. regarding limiting the hours of the deck until 10:00 on Sunday through Thursday and until 11:00 p.m. on Friday and Saturday. Commissioner Mueller and Commissioner Pearson accepted the amendment. Chairperson Fischer asked for a vote on 3.b. b. A conditional use permit for the expansion of a nonconforming structure (deck addition) (50 -foot setback toward residential property required, 10- foot setback proposed; and a 30 -foot front yard setback required, 22 -foot setback proposed); Ayes --All Nay - Mary Dierich Motion carried. Chairperson Fischer asked for votes on 1,2,3, a. 1. A comprehensive land use plan amendment from single - dwelling residential (R -1) to business commercial modified (B- C(M)); 2. A rezoning from single dwelling residential to business commercial modified (B- C(M)); 3. a. A conditional use permit to allow a restaurant within the business commercial (modified) (B -C(M)) zoning district; Motion carried. Ayes -- All MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA AUGUST 28, 2001 a. 5 -8 Club (Beau's Food and Spirits) — Food Services, Inc. 2289 Minnehaha Avenue Ms. Finwall reported that Food Services, Inc., has proposed to purchase, remodel, and expand Beau's Food and Spirits. The planning commission did recommend approval of five land - use requests associated with the proposal at the August 20, 2001, meeting. Including 'a comprehensive land use plan amendment, a rezoning, two conditional use, permits, and a parking lot setback variance. Food Services, Inc., is requesting approval of the proposed architectural and landscaping design. The exterior of the building will remain stucco to be painted a taupe color with wood shutters around the windows to be painted with burgundy accents. There are three major alterations :proposed to this building, including a new 620 - square -foot deck, relocation of the front door and a walk -out cooler. The deck is proposed on the northwest side of the building towards Stillwater Street. It will extend off the north side of the original building, maintaining the existing nonconforming setback of 15 feet from the north residential property. It will also come within 22 feet of the Stillwater Road right -of -way. Surrounding the deck on the west side will be a 5- foot -high privacy fence with 1 foot of lattice on the top and the north side the deck will be screened windows. The windows will look onto a proposed perennial garden to the north of the deck. The entire deck will be covered with a decorative canopy similar to the Minneapolis 5 -8 Club's canopy. The front door of this building will be relocated from the west side towards Stillwater to the south side. The existing front canopy will be removed and a new canopy will be installed to match the proposed deck canopy. The walk -in- cooler is proposed on the east side of the building and will bump out approximately 8 feet towards the east. The cooler will be painted to match the building with lattice and vines on the sides to help screen the cooler. To the south of the cooler is the proposed location of the dumpster enclosure which will be constructed of cedar fencing with a cedar gate. The parking lot will be expanded to the east side of the property and will come within 5 feet of the east property line as well as 5 feet to the north property line. The required setback for parking lot adjacent residential parking is 20 feet. Therefore, variances are required for the expanded parking area. To screen the parking area from the adjacent residential properties, the applicants are Community Design Review Board 2 Minutes 8 -28 -2001 proposing a 6 -foot high cedar fence to be constructed along the entire east and north property lines. Regarding the landscaping, there are currently two existing large maple trees on the lot. The applicants propose to save those two trees and propose an additional 12 maple trees, 68 shrubs, as well as a perennial garden to the north of the deck. The number of plants and species will vary due to the fact that the Minnesota Department of Transportation must approve the landscape plan prior to the installation, as a majority of the landscaping is in their right -of -way. The lighting proposed for this project is a unique form of lighting designed to help reduce the glare on residential properties. There will be seven wall lights to be installed around the building and four fence post lights to be installed on the east fence and will be located five feet up along the fencing so they will not extend over the fence. Staff feels that this proposal will be an asset to the community and recommends approval. Ms. Jill Skogheim representing Food Services, Inc., d /b /a 5 -8 Club came forward. Ms. Skogheim stated that the landscaping proposed vary because MnDot stated they will not approve the planting of this many trees in the row. The trees may not hang over into the right -hand turn lane because this could be a safety hazard. Because of this they are planning on planting some viburnum hedges and chokeberry bushes. Another concern is the salt spray that comes up from the snowplow in the winter. It was a recommendation from the plant center to plant the viburnum hedges and chokeberry bushes, as these are two hardy plantings to survive conditions in the winter. Chairperson Ledvina asked the applicant if she had any concerns regarding the conditions outlined in the staff report? Ms. Skogheim replied no she did not. Board Member Olson asked if there was only one handicap parking spot in the parking lot? Ms. Skogheim replied, no there were two handicap parking spots in spaces #31 and x#32. Ms. Skogheim stated she had a sample of the burgundy color which will be used -on the shutters. She also stated she has some additional photos of the Minneapolis location which depict the taupe, burgundy, and forest green colors. Community Design Review Board 3 Minutes 8 -28 -2001 Ms. Skogheim added that the enclosure for the cooler and the dumpster will be screened to match the deck. The cedar will be finished with a natural sealer with no color; it will be a natural look. They have also proposed to screen the air conditioners located on the east side of the building with bushes. Board Member Shankar asked Ms. Skogheim how the surface water would come down from the flat roof. Ms. Skogheim deferred that question to the architect. Mr. Bruce Knutson, the architect and president of - Bruce Knutson Architects, 1.128 Harmon Place in Minneapolis came forward. Mr. Knutson responded there are scuppers and drain liters on the flat roof. The existing runoff goes into a catch basin on the southwest corner of the existing parking lot. And the new parking lot will have a water retention area and a slow discharge, so the new parking lot will take care of the water runoff there. Chairperson Ledvina asked if the Board Members had the most recent plan changes? Ms. Finwall stated the last date that revisions were proposed was on August 22, 2001. Mr. Knutson clarified that the drawings were not revised at the same date. August 21, 2001, was for sheets Al through A5, and A6 through A8 were revised on August 22, 2001. Board Member Shankar made a motion to approve the plans date stamped August 21, 2001, sheets Al through A5, and date stamped August 22, 2001, for sheets A6 through A8. Food Services, Inc., d /b /a 5 -8 Club shall do the following. a. Repeat this review in two years if the city has not issued a building permit for this project. b. Prior to issuance of a grading permit for the parking lot expansion, the city engineer must approve a final grading and drainage plan. This plan shall include water retention calculations and the location of all existing trees on the site to be preserved and the means of protecting the trees. c. Prior to issuance of a building permit, the applicant must supply the city with the following: (1) A revised landscape plan to staff for approval that incorporates the following details: Community Design Review Board 4 Minutes 8 -28 -2001 (a) Obtain approval from the Minnesota Department of Transportation and Ramsey County to install landscaping within the Stillwater Road and Minnehaha Avenue rights -of- way. Any required landscape revisions in these areas must also be approved by the city. (b) Location of all existing trees on the site to be preserved. (c) Perennial garden details to be located on the north side of the deck. (d) An underground lawn irrigation system. (e) In addition to the above, all common grounds shall be sodded (except for mulched and edged planting beds). (2) A revised site plan showing a parking bump out on the north side of the parking lot to accommodate backing up vehicles parked in the two most northerly parking stalls. (3) Trash enclosure details to include at least a 6- foot -high cedar fence enclosure with a cedar enclosable gate or at least a 6- foot -high stucco wall enclosure with a cedar enclosable gate. (4) Elevations and footing details of the proposed 6- foot -high cedar fence. (6) Final exterior walk -in cooler elevations to show the cooler painted to match existing building, lattice runs, with vine plantings. d. Prior to certificate of occupancy the applicant must: (1) Complete all required exterior improvements including landscaping and underground irrigation, parking lot, screening fence, exterior lighting. (2) Install stop signs at both driveway exits. e. 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 city receives cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150 percent of the cost of the unfinished work. Any unfinished landscaping shall be Community Design Review Board 5 Minutes 8 -28 -2001 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. (3) The city receives an agreement that will allow the city to complete any unfinished work. f. All work shall follow the approved plans. The director of community development may approve minor changes. Board Member Olson seconded the motion. Chairperson Ledvina clarified that there were other plan sheets in this set, plan sheets T1, S1, S2 L1, date stamped August 21, 2001, and those are included in this motion as well. The motion passed. Ayes — All Ms. Finwall confirmed to Chairperson Ledvina this will go to the city council September 24, 2001. MEMORANDUM TO: FROM: SUBJECT: APPLICANT: LOCATION: DATE: City Manager Shann Finwall, Associate Planner Schlomka Landscaping, Inc. Paul Schlomka 2511 Carver Avenue September 17, 2001 AGENDA ITEM No, �/ J 41w:ft b 11� INTRODUCTION Background ndmvA Mo Re On June 18, 2001, the planning commission directed staff to research ' possible code .amendments to the farm residence zone. The proposed changes were prompted by a request b Paul Schlomk 251 Carver Avenue for a home o Y a of occupation license to operate a landscape business from a residential property as well as two conditional use permits (CUP) associat ' associated with the business, including a large accessory building and the storag of commercial vehicles ' g es on residential property. As you recall, a majority of the planning commissioners felt that Mr. ' Schlomka s proposed landscape business would have similar impacts to farming, which is a permitted _ • g p use within the farm residence zoning district. Mr. Schlomka's proposal was felt to be a reasonable use of th the lot size of 4034 ages to a property considering t location adjacent 1-494, and the construction of a ole barn in which store the commercial vehicles and eq uipment. p to q pment. The planning commissioners stated, however, that the business did not meet the spirit and intent of the city's ho occup ation • desig to all Y patron ordnance, which was desi g ow small businesses to operate out of residential homes, and not intended for business_. with commercial vehicles. For these re a rea sons, an amendment was suggested as a way to allow property owners within the farm residence zone an economical • use of their land by permitting businesses other than farming. Since then, the farm zone amendment has been approved cit 's ordina pp b Y the ci ty council, and is now part of the y ance. Request Mr. Schlomka is requesting the following: 1. A CUP to operate a landscaping usiness within the farm arm residence (F) zoning district. Section 36 -52 of the city code requires a CUP to operate a landscaping ' p ping business as an accessory use to a residential property within the farm - residence zonin g district. 2 • A CUP to build a poie bam larger and taller than the code all Mr. Schlomka s proposed pole barn would be 4,224 square feet in area and 18.5 feet in height. cod 9 Section 36 77 of the city e allows a maximum of 1,250 square feet of combined ara a area with ht of 16 feet. Mr. g 9 a maximum height Schlomka presently has an existing 714 - square -foot detached ara on his property. The code, therefore would all g ge ow an additional 536 square feet of garage area. The proposed pole barn would be 3,688 square feet larger and 2.5 f g eet taller than the code allows. (The code does not limit the number of garages allowed on a residents the total area.) a! lot, only DISCUSSION Farm Zone Amendment To recap the proposed amendment to the farm zone, it was recommended that a landscaping business, and other similar types of businesses, be allowed with a CUP on property of four or more acres. The business must meet the following conditions: 1. The business must be conducted solely within the house or an accessory structure. 2. No exterior storage allowed, including all commercial vehicles, equipment, and supplies associated with the business. 3. An accessory structure associated with the business must maintain the following setbacks: When`adjacent residential property 50 feet from a residential lot line. This setback shall be increased up to 100 feet based on the more restrictive of the following requirements: a. Building Height: The building setbacks shall be increased two feet for each one foot the building exceeds 25 feet in height. b. Exterior Wall Area: Where an exterior wall faces a residentially zoned property, the wall setback from the residential lot line shall be as follows: Wall Area Minimum Setback 0 —1,999 square feet 50 feet 2 — 2,999 square feet 75 feet 3,000 or more square feet 100 feet When adjacent commercial property Five feet from a commercial lot line. 4. When a business is adjacent residential property or an accessory structure used in the business or other areas of the lot as deemed necessary, it must include a 20 -foot screening buffer to include one or more of the following: landscape screen, berm, or at least a six -foot high screening fence. 5. When a business is adjacent residential property, any exterior lighting associated with the business must not produce glare on adjacent residential properties or exceed 0.4 foot candies at the property line. 6. No more than one nonresident employee shall be allowed to work on the premises. 7. The hours of operation are limited to 7 a.m. to 7 p.m., Monday through Saturday. Metal- Exterior Pole Building Metal- exterior pole buildings (pole barns) are permitted within farm residence and industrial zoning districts only. Mr. Schlomka's property is zoned farm residence and therefore a pole barn is allowed. However, the size of the pole barn is limited to the requirements of the city's accessory structure ordinance. As stated above, due to the existing 714- square -foot detached garage on the lot, Mr. Schlomka could only construct a 536- square -foot pole barn without a CUP. Paul Schlomka 2 September 17, 2001 The location of his proposed pole barn will not be visible from the street or surrounding properties and is located in a wooded area located to the north of the house. In preparation for the pole barn, earlier this year Mr. Schlomka constructed a second driveway that will serve as the access to the pole barn. Two berms were created on each side of the driveway, adjacent to Carver Avenue, which the applicant landscaped with evergreen trees: Because of the added berming and landscaping, the size of the lot at 4.34 acres, and the proposed location of the pole barn in a wooded area, the pole barn will not be visible from the street or surrounding properties. For this reason, the structure itself should not pose a negative impact on surrounding properties. Landscape Business Mr. Schlomka is the sole employee in the landscape business. He claims that no customers come to the property. The business is run from the house with all commercial vehicles and equipment proposed to be stored entirely in the pole barn. There are currently several commercial vehicles stored in the woods in the back yard, and a large dirt pile and smaller rock pile stored on the north .end of the property.. The new farm zone amendment states that no exterior storage of equipment or vehicles associated with a landscape business is allowed. This condition was added to address both the staff's and planning commission's concern that those types of materials will detract from the residential character of the neighborhood. Therefore, all exterior materials associated with Mr. Schlomka's landscape business must be removed from the property or stored within the proposed pole barn. Another concern is the possibility of transfer of the landscaping business to a new property owner. It was felt that a new property owner may not abide by the requirements of the code or conditions of the CUP. Therefore,; staff and the planning commission originally recommended a condition that the CUP not be transferable to a new property owner. After review of this condition with the city's attorney, it appears that this type of condition is not possible since the CUP will run with the land. However, we can require that the CUP be reviewed yearly and in the event that the property is transferred to a new owner who also wishes to operate a landscape business. In addition, a condition can be added which states "in the event that the CUP is voluntarily abandoned and ceases for a continuous period of one year or more, the CUP will become null and void." Neighborhood Comment The neighbor most affected by the pole barn and business is the easterly adjacent property owner, Jay Libby, of 2691 Carver Avenue. Mr. Libby supports the business and pole barn requests and states that Mr. Schlomka has a proven record of property stewardship, property maintenance, with an obvious concern for appearance. He also states that the proposal is an excellent use of the property, particularly since it is a large lot that abuts 1 -494. Two other neighbors located to the east of Mr. Schlomka expressed some concern over the proposal including: screening of the large building, glare from exterior lighting, pollution issues including oil from commercial vehicles and other vehicle emissions, noise, and landscape materials being dumped and /or stored on the property. To alleviate their concerns, they have suggested that Mr. Schlomka install mature evergreen trees and /or a 6- foot -high fence along the east side of the pole barn for screening, move the garage doors from the east side of the pole barn to the west side (toward the freeway), require that no lighting is allowed on the east side of the pole barn, and restrict business hours. Paul Schlomka 3 September 17, 2001 In order to address the neighbor's concerns, both staff and the planning commission recommended that the garage doors be relocated from the east and west, to the south and north and also that a row of 12, 6- foot -high evergreen trees be installed along the east side of the pole barn. After the planning commission review, Mr. Schlomka discussed with staff that he feels the original design of the pole barn with the garage doors facing both west and east will work best on his property. He further stated that he spoke with the two neighbors requesting the relocation of the garage doors and that they have indicated that as long as he constructs a berm with mature trees planted on top along the east side of the pole barn, they are receptive to the garage doors remaining as originally proposed. To date, the two affected neighbors have not called staff to verify this. Therefore, staff recommends that the condition to relocate the doors to the south and north remain unless Mr. Schlomka can verify prior to or at the September 24, 2001, city council meeting that the neighbors approve of the garage doors remaining as originally proposed. CONCLUSION With the initial home occupation request, staff felt that a landscape business within residentially - zoned land made for poor land use practice because of the possibility of added employees, extended hours, and possible expansion. Many of these concerns were based on past negative experiences with similar types of businesses adjacent residential property. The two problem properties specified in the original staff report were located at 2036 English Street and 2335 Stillwater Road. It should be noted, however, that both of these properties were approved for large accessory structures only and the businesses resulted after the accessory structures were constructed. Therefore, there were no initial controls limiting the businesses. With the strict controls of the CUP process as specified in the farm - residence zone amendment, as well as the location and lot size on which the business is proposed, staff now feels comfortable that Mr. Schlomka's business will not have a negative impact on surrounding residential properties. COMMITTEE ACTION On September 4, 2001, the planning commission recommended approval of Paul Schlomka's request for a conditional use permit for a landscaping business within the farm residence zone and a conditional use permit for a pole barn. RECOMMENDATION 1. Adopt the resolution on pages 14 and 15. This resolution approves a conditional use permit for a landscape business within the farm- residence zoning district for Paul Schlomka at 2511 Carver Avenue. Approval is based on the findings required by the code and subject to: a. The business roust be conducted solely within the house or an accessory structure. b. No exterior storage is allowed, including all commercial vehicles, equipment, and supplies associated with the business. C. No more than one (1) nonresident employee shall be allowed to work on the premises. d. The landscape business hours of operation are limited to 7 a.m. to 7 p.m., Monday through Saturday. Paul Schlomka 4 September 17, 2001 e. Any exterior lighting associated with the business must not produce glare on adjacent residential properties nor shall it exceed 0.4- foot - candles at the property line. f. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. g. The conditional use permit shall be reviewed by the city council in one year. h. The conditional use permit shall be reviewed in the event the property is transferred to a new owner who intends to operate a landscaping business, or similar business, from the property. i. If the conditional use permit for a landscape business is voluntarily abandoned and ceases for a continuous period of one year or more, the conditional use permit will become null and void. 2. Adopt the resolution on pages 18 and 17. This resolution approves a conditional use permit for a pole barn in the farm - residence zoning district. Approval is based on the findings required by the code and subject to: a. The pole barn is limited in size to 4,224 square feet in area and 18.5 feet in height. b. The pole barn must maintain at least a 50 -foot setback from the adjacent residential property. C. The applicant will obtain all necessary permits for the construction of the pole barn. d. Prior to issuance of a building permit, the owner will do the following: (1) Submit a revised site plan, elevations, and landscape plan showing: (a) The garage doors facing south and north. (b) The second driveway does not extend beyond the east wall of the pole barn. (c) A staggered row of 12, 6- foot -high evergreens along the east side of the new driveway and pole barn. Location and species to be approved by staff prior to issuance of a building permit. e. Prior to the building department finalizing the building permit the owner will do the following: (1) Remove the stockpile dirt and rock from the north side of the property. These materials must be removed from the property entirely, used in the construction of the pole team, or stored inside the pole barn. (2) Install the required landscaping. f. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. g. The conditional use permit shall be reviewed by the city council in one year. Paul Schlomka 5 September 17, 2001 CITIZEN COMMENTS Staff surveyed the property owners within 350 feet of this site to get their opinions of this proposal. Out of the six properties we surveyed, four responses were received. Of the four, three approved of the proposal and one opposed. Approvals Written statement from Eleanor and George Ledo, 2510 Carver Avenue East: " "Go ahead and build his pole barn (good luck)." Written statement from .day Ubby,, 2591 Carver Avenue East: "I support Paul Schlomka's request for the construction of a *48" x 88' building for commercial vehicle storage, and his request for a home occupation permit. Our properties have a common boundary fine, his Eastern and my Western. I see this proposal as excellent usage for this property that is up against Interstate 494. This usage will allow the open areas that we have all come to enjoy to continue, and will keep a contractor, that we all need from time to time, located without our community, and readily accessible to our needs. Mr. Schlomka has a proven record of property stewardship, maintaining his property very well, with an obvious concern for appearance. 1 see no reason to believe that his new project will be any different." Written statement from Pate Gearin, 2575 Carver Avenue East: "I would only okay it if Mr. Schlomka would put pine trees covering the east side between my land and his. It would be the side of the building facing me. In that: for the trees to be of a larger size! Not just starter trees." Opposed Telephone call from Bob Woog, 2595 Carver Avenue: Mr. Woog is concerned about the possible pollution the Schlomka business will create including noise, oil and other emissions, and landscape materials being dumped on the property. He is not in favor of a large pole barn being constructed within a residential neighborhood, but if it does get built he suggests evergreen trees and a screening fence on the east side of the pole barn, and requiring the garage doors to be constructed on the west side of the building facing the freeway, as opposed to facing the residential properties. If the city council allows a business on the property, the hours of work that the business can run from the pole barn should be limited. The amount of light emitted from the pole barn or surrounding the pole barn should be !united. Paul Schlomka 6 September 17, 2001 REFERENCE INFORMATION SITE DESCRIPTION Site Size: 4.34 Acres Existing Land Use: Single Family Home SURROUNDING LAND USES West: North, South, East: PLANNING Existing Land Use Plan. Existing zoning: Interstate 494 Single Family Homes R -1 (Single Dwelling Residential) F (Farm Residence) ORDINANCE REQUIREMENT Section 36 -77(a) allows a maximum of 1,250 square feet of combined detached garage area on lots that are 42,000 square feet or greater. Section 36 -77(b) allows a maximum height of accessory structures to be 16 feet. Section 36 -42(5) requires a conditional use permit for a landscape business, or other similar business, within the farm - residence zoning district. CRITERIA FOR APPROVAL See attached CUP requirements and standards for approval. APPLICATION DATE Mr. Schlomka submitted completed land use applications on May 18, 2001. In order to allow the city time to research and make a recommendation on possible changes to the farm- residence zoning district, on June 22, 2001, Mr. Schlomka waived his 60 -day rights as specified by Minnesota Statutes, Section 15.99. P: Sec 24- 2812511 Carver Attachments:. 1. Locat+on+ Map 2. Zoning /Property Line Map 3. Site Plan 4. Building Elevations 5. Building Footprint 6. Paul Schlomka Letter Dated May 16, 2001 7. Conditional Use Permit Resolution for Landscape Business 8. Conditional Use Permit Resolution for Accessory Structure Paul Schlomka 7 September 17, 2001 Attachmen 1 kM S EY tim �Tjj s r� c mnw 3 t{1Y CEMW W S v� LOCATION MAP 4 N Attachment 2 4 1 J 3 ��•, y � 1 J 1 ' to t �� �, I b � l07 ' -� NY .. A Y IL Y r 40� O 7L v (O z v y v4f R ' N 1/ t ' r '- �n ' a } f fo t'� Z v 9�5 10 t 1 ' �1 loor •1• • lip J " I o f � 1 , . , � 1 w PROPERTY LINE /ZONING MAP 9 4 .Iv ls� z �. o �. Attachment 3 SITE PLAN 10 4 N ktachment, 4 Trusses 4' centers per state code loading 29' color clad steel roof treated poles 4' in ground with concrete under each 19' --8" average roof height 2x4 roof Perlins Q 24" centers 4/12 pitch All Colored steel 12'x 10' steel 12'x 14' steel 12 steel overhead door overhead door overhead- door 48 Scale: 3/32" ELEA �m a� BUILDING ELEVATIONS 11 . a Attachment S BUILDING FOOTPRINT 12 0 -� � N O � O_ Cn CL • o CD o — I 000 I , - Cn i :3 ,-" 0 (D I nU cc �,. Co - v cD W rn W O N O N (D < M - (D x =r x ? (0 0 O CD O - (D pb O - c� cD I O - rn Q- c n- CD O 0 o CD °o CD °o CD 0 BUILDING FOOTPRINT 12 Attachment Nlay 16 2001 Reference: Conditional Use Permit Planning Commission City of Maplewood 1830 County Road B East laplewood,lN 55109 Dear Sir or Iadam: I am requesting that you aUo-\v' us to construcv the proposed Storage and N'laintenance Building s shown on the attached site plan. The building will be g p g 88'x48' in size, and will be constructed a good distance from Carver Avenue so as not to hinder the current appearance from the street. I would like this building for storage and maintenance of equipment for my small one man g landscaping business I have to serve our local community. I have spoken to our neighbors about this and they have no concerns regarding the construction. of g 5 g g this building. `With that, I ask that you approve our request. Sincerely; Paul Schlomka 2511 Carver Avenue Maplewood, NMN 55119 13 ATTACHMENT 7 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Paul Schlomka applied for a conditional use permit to operate a landscaping business within a farm residence zoning district; WHEREAS, this permit applies to property located at 2511 Carver Avenue, Maplewood, Minnesota. The legal description is: Subject to HWY AVE and Easements, Part of Southeasterly of Northwesterly L of SD HWY of W % of NW % of NE % of SEC 24, TN 28, RN 22. WHEREAS, the Ramsey County Property Identification Number for this property is 24- 28 -22 -12 -0005; WHEREAS, the history of this conditional use permit is as follows: 1. On September 4, 2061, the planning commission recommended that the city council approve the conditional use permit. 2. On , 2001, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The council conducted the public hearing whereby all public present were given a chance to speak and present written statements. The city council also considered reports and recommendations from 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 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 of the conditional use permit is subject to the following conditions: 1. The business must be conducted solely within the house or an accessory structure. 2. No exterior storage is allowed, including all commercial vehicles, equipment, and supplies associated with the business. 14 3. No more than one (1) nonresident employee shall be allowed to work on the premises. 4. The :landscape business hours of operation are limited to 7 a.m. to 7 p.m., Monday through Saturday. 5. Any exterior lighting associated with the business must not produce glare on adjacent residential properties nor shall it exceed 0.4- foot - candles at the property line. 6. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 7. The conditional use permit shall be reviewed by the city council in one year. 8. The conditional use permit.shall be reviewed in the event the property is transferred to a new owner who intends to operate a landscaping business, or similar business, from the property. 9. If the conditional use permit for a landscape business is voluntarily abandoned and ceases for a continuous period of one year or more,, the conditional use permit will become null and void. The Maplewood City Council adopted this resolution on 15 ATTACHMENT 8 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Paul Schlomka applied for a conditional use permit to construct a 4,224- square -foot pole barn within a farm - residence zoning district; WHEREAS, this permit applies to property located at 2511 Carver Avenue, Maplewood, Minnesota. The legal description is: Subject to HWY AVE and Easements, Part of Southeasterly of Northwesterly L of SD HWY of W % of NW % of NE % of SEC 24, TN 28, RN 22. WHEREAS, the Ramsey County Property Identification Number for this property is 24-28-22-12-0005. WHEREAS, the history of this conditional use permit is as follows: 1. On September 4, 2001, the planning commission recommended that the city council approve the conditional use permit. 2. On , 2001, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The council conducted the public .hearing whereby all public present were given a chance to speak and present written statements. The city council also considered reports and recommendations from 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 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 of the conditional use permit is subject to the following conditions: 1. The pole barn is limited in size to 4,224 square feet in area and 18.5 feet in height. 2. The pole barn must maintain at least a 50 -foot setback from the adjacent residential property. 16 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, SEPTEMBER 4, 2001 a. Schlomka Landscaping, Inc., (2511 Carver Avenue) 1. Conditional Use Permit (Over -Sized Accessory Structure) 2. Conditional Use Permit (Landscaping Business in F Zone) Ms. Finwall stated that Paul Schlomka of 2511 Carver Avenue is requesting a conditional use permit to operate a- landscape business from his farm -zone property. He also is asking for a conditional use permit to build a pole barn larger and taller than the code allows to store vehicles and equipment associated with the business. Mr. Schlomka's lot is adjacent to 1 -494 on the north side of Carver Avenue and is 4.34 -acres in size. On August 6, 2001, the planning commission recommended approval of the farm zone code amendment to allow a landscaping business, and other similar businesses, within the farm zone with a CUP. Within the farm zone currently, farming and all farm related commercial vehicles are allowed as a permitted use. It was determined by the planning commission that a landscape -type business is similar to a farm business because of the similar types of commercial vehicles and equipment. Therefore, the amendment was proposed to allow property owners such as Mr. Schlomka an economic use of their farm zone land. The city council did agree with the planning commission and approved the first reading of the proposed code amendment with no opposition at their August 27, 2001, meeting. The second reading with the council is scheduled for September 10, 2001, with the final code amendment to go into effect after being published on approximately September 19, 2001. Mr. Schlomka is requesting approval of a conditional use permit for the business based on the new ordinance. Mr. Schlomka states that he is the sole employee in his landscaping business called Schlomka Landscaping. He states that no customers come to the property and that the business is run from the house. The commercial vehicles and equipment will be stored entirely within the pole barn. Pole barns are permitted within the farm zone, however, the square footage and height requested by Mr. Schlomka exceeds that allowed by the accessory structure ordinance. Mr. Schlomka has an existing 714 square -foot detached garage and according'to the ordinance is only allowed an additional 536 square feet of accessory structures to a maximum height of 16 feet. Mr. Schlomka's proposed pole barn would be 4,224 square feet in area and 18.5 feet in height. Because the pole barn would be 3,688 square feet larger and 2.5 feet taller than the code allows, a conditional use permit for the pole barn is required. The new farm zone amendment specifies that an accessory structure used in a landscaping business must maintain at least a 50 -foot setback from an adjacent residential property. Mr. Schlomka's pole barn is proposed at 79 feet from the adjacent residential property line. In addition, the pole barn must be screened from residential properties. Because Mr. Schlomka's pole barn is proposed to be on the north side of the house in a very heavily wooded area, screening of the pole barn may not be necessary as it is not visible from the street or adjacent properties. However, staff feels that the pole barn should be screened for winter months. Staff is proposing that the applicant plant a staggered row of 12, 6 -foot high evergreens along the east side of the pole barn and the east side of the new driveway. 3. The applicant will obtain all necessary permits for the construction of the pole barn. 4. Prior to issuance of a building permit the owner will do the following: a. Submit a revised site plan, elevations, and landscape plan showing: (1) The garage doors facing south and north. (2) The second driveway does not extend beyond the east wall of the pole barn. (3) A staggered row of 12, 6- foot -high evergreens along the east side of the new driveway and pole barn. Location and species to be approved by staff prior to issuance of a building permit. 5. Prior to the building department finalizing the building permit, the owner will do the following: a. Remove the stockpile dirt and rock from the north side of the property. These materials must be removed from the property entirely, used in the construction of the pole barn, or stored inside the pole barn. b. Install the required landscaping. 6. All construction. shall follow the site plan approved by the city. The director of community development may approve minor changes. 7. The conditional use permit shall be reviewed by the city council in one year. The Maplewood city council adopted this resolution on , 2001. 17 Planning Commission -3- Minutes of 09 -04 -01 Commissioner Rossbach said all of this has been tailored to allow businesses to co- exist. in a residential setting. Just like our gas stations and auto repair shops can't have things sitting outside, it has to be inside the building. Commissioner Ahlness asked the .applicant how far the proposed building would be from the house on 2575 Carver Avenue? Mr. Schlomka's friend came forward and addressed himself as Paul Ledo of 1480 South Sterling. Mr. Ledo answered the proposed structure would be approximately 300 to 400 feet away from the proposed building with quite a few trees in between. Commissioner Ahlness asked Mr: Schlorka about the hours of operation. What kind of an assurance can ou ou give us that will keep with our business plan, with hours of operation Y g Y p Y of 7:00 a.m. to 7:00 p.m. and no work on Sunday's? Mr. Schlomka answered he will not break the rules. He commented he wished someone could regulate the noise from the freeway next to his house so they would not drive by at 6:00 a.m. in the morning with loud vehicles. Even if he left or worked outside the hours, nobody would hear him because the freeway is so loud. He stated he has lived in that house for.30 years and it is loud 24 -hours a day, 7 -days a week. Commissioner Ahlness said he appreciated his input. As a homeowner living on English Street where a lot of traffic is relatively close to his house, approximately 250 feet away is another landscaping business. He can assure you that he hears the beeping of the heavy p g Y trucks as they back up or dump their materials on a Saturday evening when he has people over for a barbeque in his backyard. That is a large concern of his. He would really encourage Mr. Schlomka to keep within the hours stated so that he can maintain a good relationship with the neighbors. Commissioner Rossbach asked staff what constitutes work? We're not saying Mr. Schlomka can't drive his equipment on or off his property anytime he wants to. Or is driving his equipment considered to be work? Ms. Finwall replied that the definition is open to interpretation. As a residential property, the starting time of a landscape business including the warming up of the vehicles in the winter perhaps, would add to the negative impact that may be involved with business adjacent residential property. Therefore, in her interpretation, hours of operation would include starting up a vehicle and leaving. Commissioner Ahlness commented, he is voting for this resolution but would like to encourage Mr. Schlomka to be considerate of the neighbors and be a good neighbor himself by abiding to the 7:00 a.m. to 7:00 p.m. hours of operation and closed on Sunday. There are residential people in the neighborhood and several of them did express concerns about the noise. Coniferous trees between the business and residential areas will not totally stop the noise from the site. Commissioner Frost said if between now and next year, staff gets comments about this usiness, can we change the conditions next year? Planning Commission -2- Minutes of 06• -01 With the initial home occupation request, staff felt that the landscape business within this residentially zoned property made for poor land use practice, because of the possibility of added employees, extended hours, and possible expansion. With the strict controls of the CUP process as specified in the farm- residence zoning code amendment, as well as the location and lot size on which the business is proposed, staff now feels comfortable with Mr. Schlmonka's business and feels that it will not have a negative impact on the surrounding properties. For these reasons staff recommends approval of Mr. Schlomka's conditional use permit for the business, as well as a conditional use permit for the pole barn, with several conditions as specified in the staff report. Commissioner Dierich asked staff if there was any chance that diesel machine repair would take place with this conditional use permit? Ms. Finwall stated that the conditional use permit will cover the landscape business, however, it is a possibility that Mr. Schlomka would be repairing his own commercial vehicles. The repair of other outside vehicles would not be permitted. Commissioner Dierich commented, being a resident in the neighborhood, is it possible to change the Saturday morning hours of operation from 7:00 a.m. to 9:00 a.m. so people could sleep in? Ms. Finwall answered the conditional use permit itself could have a condition that states different hours. Commissioner Rossbach asked staff if there were any time constraints when farmers can work? Ms. Finwall answered that is correct. The applicant Paul Schlomka of 2511 Carver Avenue came forward. Mr. Schlomka asked about storing landscaping materials outside? Is there a problem with storing black dirt or rock outside? Commissioner Rossbach answered yes there is a problem with that, because a person could pile a large pile of black dirt outside and leave it there for two or three years, it grows into a hill of weeds and it looks unsightly. He said the city is trying to create a situation where a business can co -exist with residential surroundings. By saying everything has to be stored inside, then no matter what you do with it, it's your problem, and not your neighbors. Mr. Schlomka asked what if the neighbors couldn't see it? Would it still matter? Commissioner Rossbach stated it would still be a pile of weeds. r. Schlomka answered he has 5 acres of weeds. Planning Commission -4- Minutes of 09 -04 -01 Mr. Roberts stated the conditions could be reviewed sooner than next year if there was a violation found. Commissioner Dierich asked Chairperson Fischer if she could amend the Saturday business hours. She would be remiss in representing her neighborhood if she did not ask for the time change. She would say the hours of operation should be from 9:00 a.m. to 7:00 p.m. on Saturdays. Chairperson Fischer said that would be an amendment to item 1. d. Is there a second to the motion to amend? Chairperson Fischer said the amendment failed -for lack of a second motion. Commissioner Frost moved to recommend adopting a resolution to approve a conditional use permit for a landscape business within the farm - residence zoning district for Mr. Paul Schlomka at 2511 Carver Avenue. Approval is based on the findings required by the code and subject to the following: a. The business must be conducted solely within the house or an accessory structure. b. No exterior storage is allowed, including all commercial vehicles, equipment, and supplies associated with the business. The existing dirt stockpile must be removed. C. No more than one (1) nonresident employee shall be allowed to work on the premises. d. The landscape business hours of operation are limited to 7 a.m. to 7 p.m., Monday through Saturday. ,e. Any exterior lighting associated with the business must not produce glare on adjacent residential properties or exceed 0.4 -foot candles at the property line. f. The conditional use permit is specifically for Paul Schlomka and Schlomka Landscaping and is not transferable to a new property owner. g. The conditional use permit will be reviewed by the city council again in one year. He also moved to recommend adopting a resolution to approve a conditional use permit for a pole barn in the farm - residence zoning district. Approval is based on the findings required by the code and subject to the following: a. The pole barn is limited in size to 4,224 square feet in area and 18.5 feet in height. b. The pole barn must maintain at least a 50 -foot setback from the adjacent residential property. C. The pole barn must be constructed with the garage doors facing south or west. Planning Commission Minutes of 09 -04 -01 d. The site p Ian will be changed to reflect that the second driveway does not extend beyond the east wall of the pole barn. e. The applicant is required to plant a staggered row of 12, 6 -foot high evergreens along the east side of the new driveway and pole barn. Location and species to be approved by staff prior to issuance of a building permit. Commissioner Rossbach seconded the motion. Ayes — All The motion passed. Ms: Finwall said this item does to the city council September. 24, 2001. Chairperson Fischer said the city council makes the final decision. MEMORANDUM A GM A m. : «....r M..: i.. a�a +'BeYni¢��vaai.i,ae�- �•.o�A.un: TO: City Manager Action by Co FROM: Shann Finwall, Associate Planner Date APPLICANT: Semper Development, Ltd. E ndorsed SUBJECT: Walgreens Modred LOCATION: 1706 White Bear Avenue (Old Burger King Site) Re,l . ec DATE: September 18, 2001 INTRODUCTION Semper Development is proposing to develop a Walgreens at the old Burger King site at 1706 White Bear Avenue. The proposal includes demolishing the existing approximately 4,600 square -foot building and constructing a 15,035 square -foot drugstore with a drive- through pharmacy. On September 10, 2001, the city Council directed staff to work with Semper Development on possible chang to the proposed develop (see original site plan and elevations on pages 10 -16). Requests With the original proposal, Semper Development was requesting the following: 1. A 3 -foot side yard setback variance for the parking lot (5 -foot setback required — 2 -foot setback proposed). 2. Special parking agreement for reduced parking (75 parking stalls required — 64 parking stalls proposed). 3. Design approval of site, landscape, and architectural plans. Background Staff and the Community Design Review Board (CDRB) recommended denial of the proposed Walgreens for the following reasons: 1. The proposed development did not meet the city council endorsed smart growth principles as illustrated i the Hillcrest Village redevelopment concept plans. The objectives of the smart growth redevelopment concept are to create developments that encourage pedestrian- friendly and pedestrian accessible projects, where the building is the prominent feature when viewed from the street, not the parking lot. 2. There were no unique hardships or circumstances that warranted approving the proposed 3 -foot parking lot setback variance. 3. With the closing of the back driveway access, the rear parking lot did not allow for the required turning - radiu for delivery trucks. DISCUSSION Proposed Plan Modifications Walgreens' First Revision: After the city council meeting, Semper Development submitted revised elevations to staff for review. The elevations included the following changes: 11 Large windows to be located on the north, west, and south sides of the building; decorative awnings above all windows and front door; decorative rock face block wainscoting; and a more attractive entrance tower including full length window with aluminum window frames (see attached modified elevations on pages 17 and 18). Staff's Proposed Revision: Staff felt that the revised elevations were an improvement because they added some of the human- scale architectural elements envisioned in the smart growth concepts including windows at eye - level and awnings. However, in order to achieve a more pedestrian - friendly development, which is the main goal of the Hillcrest Village redevelopment proposal, staff felt that additional changes to both the building and site plan were in order (see staff. s alternative site plan on page 19). Staff feels that the changes suggested are a compromise to Walgreens' desire for parking adjacent to the entrance door and the city's desire for a more pedestrian- friendly development. The proposed changes are as follows: 1. Move the building forward 41 feet, altering the front yard setback from 110 feet to 69 feet. This modification brings the building closer to the sidewalk, which will encourage pedestrian movement, and allows for one row of parking adjacent to the entrance door. 2. With the buildings relocation, a total of 67 parking stalls can be accommodated on the site, as opposed to Walgreens' proposed 64. This will reduce the parking stall deficit from 11 to 8. 3. Addition of a rear entrance to match the front entrance. 4. Reduce the proposed drive - through pharmacy to one lane. This modification allows additional room for the required 5 -foot parking lot setback, alleviating the need for a variance. 5. Increase the width of the sidewalk on the north side of the building from 4 feet to 8 feet. This modification creates a walkway with street trees connecting the rear parking area to the front entry, allowing for pedestrian movement. 6. Addition of a wrought iron fence with decorative columns to match the building. The fence will be located along the sidewalk and will help visually bring the building forward to appeal to the pedestrian. The fence will resemble the wrought iron fence recently constructed in front of the Super America fuel station on White Bear Avenue. 7. Stairs leading up to the site from the sidewalk with a brick interlay walkway extending from the stairs to the front door. This modification will help ensure pedestrian movement from the sidewalk to the building. Walgreens 2 September 18, 2001 8. Small plaza area by the front door including a seating bench. This modification will create greater comfort and visual interest to the pedestrian. 9. Bike rack to be located near the back door. 10. Decorative parking lot lights not to exceed 25 feet in height. Lights should be architecturally compatible to the building and wrought iron fence. 11. Decorative wall pack lights to be compatible with the parking lot lights. 12. Additional trees and landscaping throughout the site. 13. Remove the rear access to the south unless an easement for ingress and egress is ` obtained from the southerly property owner. Walgreens' Second Revision: After Semper Development's review of staff s revised site plan, the attached response dated September 17, 2001, was submitted by John Kohler (page 20). Mr. Kohler states that Walgreens does not develop stores with two entrances and that they will not relocate the parking to the rear of the store. Walgreens is willing, however, to remove one drive - through pharmacy lane, which would reduce the need for the parking lot setback variance. Alley Easement: Mr. Kohler states that Semper Development's attorneys are reviewing the alley easement and believe that the site is accessible from Larpenteur Avenue. If the easement is found to be invalid, Mr. Kohler states that deliveries to the back of the proposed building will have to be accomplished with smaller trucks, as opposed to semi - trailer trucks which require a greater turning radius. Staff's proposed revisions allow ample turning radius for semi - trailer trucks and is not dependent on the alley easement. However, connections between adjacent .parking areas are an important part of smart growth site design, and if possible the access drive should remain. Hillcrest Village Redevelopment Area Hillcrest Village is a design concept put together by the urban design group of Calthorpe Associates from smart growth workshops held by the Metropolitan Council (see Hillcrest Village concept plans on pages 21 and 22). The goals of the Hillcrest Village smart growth redevelopment area are to create livable neighborhoods where homes, jobs, and services are linked by walkable streets. These goals can only be realized through the careful design of individual projects. These concepts were formally supported by the city council at the July 9, 2001, city council workshop in which the council accepted the redevelopment concepts (see attached minutes on page 23). If the city council still favors the smart growth redevelopment concepts, the city's next step should be to adopt changes in the city's code requiring all future development within the area to comply with these design standards. In the absence of the adopted smart growth policies for this area it may prove difficult to require compliance with these concepts. Nevertheless, It should be noted that Walgreens is the first development within the Hillcrest Village redevelopment area, and as such will set a strong precedent for developments to follow. Walgreens 3 September 18, 2001 CONCLUSION Staff's revised site plan makes great strides at compromising between the city's desire for a more pedestrian - friendly development and Walgreens' desire for parking adjacent the front door. For this reason, staff recommends that Walgreens' development be approved according to staff's revised plan and modifications as explained above. RECOMMENDATIONS 1. Approve the revised Walgreens' site plan as proposed by staff in the September 18, 2001, staff report. Approval is subject to the applicant meeting the following conditions: a. Repeat this review in two years if the city has not issued a building permit for this project. b. Complete the following before the city issues a building permit: (1) Submit a revised site plan to staff for approval that incorporates the following details: (a) Move the building forward to create a 69 -foot setback from the White Bear Avenue right -of -way. (b) With the building's relocation, a total of 67 parking stalls can be accommodated on the site. (c) Reduce the proposed drive - through pharmacy to one lane. (d) Increase the parking lot setback on the south property line to 5 feet. (e) Increase the width of the sidewalk on the north side of the building to 8 feet. (f) Provide stairs leading up to the site from the sidewalk with a brick walkway interlard in the parking lot pavement that extend from the stairs to the front door. (g) Provide an approximately 18 -foot wide by 24 -foot deep concrete plaza in front of the door to accommodate a seating bench. (h) Provide a bike rack to be located near the back door. (i) Removal of the rear access to the south unless an easement for ingress and egress is obtained from the southerly property owner. Walgreens 4 September 18, 2001 (2) Submit revised building elevation to staff for approval that incorporates the following details: (a) Addition of a rear entrance to match front entrance. (b) Eleven large windows to be located on the north, west, and south sides of the building. (c) Decorative awnings above all windows and the front and rear doors. (d) Exterior materials to include face brick with a decorative rock face block wainscoting. (e) An alternative entrance tower for each doorway including full- length window with aluminum window frames. (3) Submit revised landscape plan to staff for approval that incorporates the following details: (a) Addition of a wrought iron fence with decorative columns to match the building along the sidewalk. (b) Landscape bed adjacent to the wrought fence to include trees, shrubs, and perennial plants. (c) Five ornamental trees to be installed within the north sidewalk in tree grates. (d) Additional trees and landscaping on the green space throughout the site to be approved by staff. (e) An underground lawn irrigation system. (4) Submit a revised lighting plan to staff for approval that incorporates the following details: (a) Decorative parking lot lights not to exceed 25 feet in height. Lights should be architecturally compatible to the building and wrought iron fence. (b) Details for decorative wall pack lights to be compatible with the parking lot lights. (c) Revised photometrics for the site lighting, including signage, which shows that the site does not create more than a 0.4 foot candle light reading at the west property line, which is adjacent residential property. Walgreens 5 September 18, 2001 C. Complete the following before occupying building: (1) Replace property irons that are removed because of this construction. (2) Complete all landscaping for the development. (3) Restore and sod damaged boulevards. (4) Install stop signs at both driveway exits. d. 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 city receives cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150 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. (3) The city receives an agreement that will allow the city to complete any unfinished work. e. All work shall follow the approved plans. The director of community development may approve minor changes. 2. Approve aparking- reduction waiver to allow 67 parking stalls (8 fewer than the code requires). The city is approving this request because: a. Walgreens has proven at comparable Walgreens' drug store locations within the Twin City area that the maximum number of parking stalls required at one time is 44 parking stalls per hour during peak times. b. The reduction in parking requirements is justified to create more green space to accommodate additional landscaping. Walgreens 6 September 18, 2001 REFERENCE INFORMATION SITE DESCRIPTION Site Size: 62,934 square feet (1.4 acres) Existing Land Use: Vacant Burger King Building SURROUNDING LAND USES North: Blockbuster (Zoned BC) South: Multi- Tenant Strip Mall - Laundromat, bar, and bagel store (Zoned BC) West: Single Family Homes (Zoned R -1) East:, Maplewood Car Wash (Zoned BC) PLANNING Land Use Plan: BC (Business Commercial) Zoning: BC (Business Commercial) Code Requirements Section 36- 22(a)(6) requires that a commercial use have 1 parking space for each 200 square feet of floor area. Section 36- 22(b)(5) requires that parking spaces for "high customer turnover" use be 10 feet wide by 18 feet deep. The code requires that retail space supply high customer turnover spaces. Section 36- 28(c)(5)(b) requires that parking lots maintain a 5 -foot side yard setback. Application Date The city received completed applications on July 26, 2001. State law requires that the city take action within 60 days of receiving completed land use applications. City council action is required on this proposal by September 24, 2001. p:secl4\walgreens Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Existing Conditions 4. Site Plan 5. Grading and Drainage 6. Lighting Plan 7. Landscape Plan 8. Exterior Elevations 9. Semper Development's Revised Elevations 10. Staffs Proposed Site Plan 11. Semper Development's Letter to Staff Dated September 17, 2001 12. Hillcrest Village Redevelopment Area Concept Plan (Alternative A and B) 13. 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PANEL C'OI.OI: SILRRt1 'IAN -1 CLEAR ANODIZED ALUMINUM STOREI•RON"1 i 5 FACE BRICK COLUMNS "TO MATCH 'THf: BUILDING h CLEAR ANODIZED ALUMINUM WINI.X)W FRAMES 7 FACE BRICK SOLDIER COURSE: CAROLINA CERAMICS DRIF 1'WWD g PREFINISHED ME-FAL STANDING SEAM ROOFING: SIERRA TAN 9 VERTICAL FLUSH ME'T'AL. PANEL SIERRA TAN TO MATCH R(X)F 10 WALL MOUNTED LIGHT -SIERRA TAN 'TO MATCI I R(X)F I tiAL.LOW METAL DOOR COLOR TO NIATCH BRCK 12 R, OCK FACE BLOCK 13 CONCRETE CAP (SIERRA TAN) 14 CEDAR TRASH ENCLOSURE GA'Z'ES 15 SPANDRELGLASS i j I co l ... SOUTH ELEVATION EAST ELEVATION / 1 1 Y .�Mtll 1�1 Iry �r I In' 11" i 1 1 i I N':�I.t;1:1 I Nti SIGN 1111 IUIIN11 RI \1111( M)\1111 ATTACHMENT 10 WHUE B EAR AVENUE SE TBA �AtvO�c�4PE d � O 2 N T H C c -� Staff's Revised Site Plan 19 S EMPER DEVELOPMENT, LTD. 600 Foshay Tower 821 Marquette Avenue South Minneapolis, Minnesota 55402 ATTACHMENT 11 Phone: (61 Z) 332-1500 Fax: (612)332 -2428 September 17, 2001 Shann Finwall City of Maplewood Community Development 1830 East County Road B Maplewood, MIST 55109 Dear Shann: Thank you for your comment letter dated September 17, 200 1. The design changes on the building presented to the council are acceptable to walgreens_ They are also fine with the wrought iron style fence with brick piers to match the building. After reviewing the revised plan you included, 'Walgreens continent was that they do not do stores with two entrances and they will not relocate the parking to the rear of the store. There was one aspect of the plan that did make sense. This was dropping one of the drive -thru lanes and widening the green area on the south side to 5 feet. By doing this there will no longer be a need for a setback variance. This project will - J p ll still require a waiver of the parking requLrement. It is the same waiver that would be required for your revised plan. Please contact me with any questions or concerns. Sincerely, John Kohler, AIA i eT /.l! a Semper Development's Letter Dated 9/17/01 20 j ATTACHMENT 12 i l .i :: • i t a l . i i . a#� Awe ue IU i LEGEND �---- --------------- - - - - -- --- - - - f - - U NITS .~ - SF PARKING H ILLCREST VILLAGE A Mews Townhouse 16 B Office /Retail 14,950 55 i ------- -_.� C Apts /Retail 32 16,900 56 P RE L I M I NARY � ALT'I:RNATIVE A � D Commercial /Retail 10,000 52 E 1 Level Townhouse 10 S Growth Twin Cities F Commercial /Retail 13,800 56 G Senior Parking H Commercial /Retail 11,000 56 1 Townhouse 6 M AY 24 2001 J Retail 4,200 21 K Twinhouse 4 . L Commercial /Retail 21,775 93 M Commercial /Retail 20,450 78 N Townhouse 16 O Transit Stop Metropolitan Council P Apts /Retail 50 26,900 City of Maplewood Q Office /Retail 24,000 122 I HILLCREST VILLAGE CONCEPT fl ...1T.0 : : : q - 1 R Commercial /Retail 8,150 Calthorpe Associates S Townhouse 45 T Gree TOTAL 179 172,125 589 4 f I L L I , � .....ice.. -M� q • : _ Y I 1 C39 a -� } arpevs� - !______ Ca ornsta •- t i f�■ 1 f: l L..� a -- i - 'c L'Fc-F acs =� 3 A06 A 11 { } .J , _ ::]�f,�' _ n� i o — i LEGEND UNITS SF PARKING A Office /Retoil 11 ,375 72 HLLCR B Commercial /Retail 14,300 100 I V G� C Commercial/Retail 19,500 112 D Commercial /Retail 20 , 000 98 PRELIMINARY ALTERNATIVE B E Commercial /Retail 10,000 56 F Townhouse 6 1 Sm G r o w t h T , %v 111 Cities G Commercial /Retail 4,200 21 N Commercial /Retail 19,800 90 I Apartments 46 J Twinhouse 4 MAY 24, 200 K Commercial /Retail 26,250 144 L Apartments 22 M Transit Stop N Neighborhood Square O Office /Retail 41,600 P Parking Romp 182 IvIetropulitan Council Q Apts /Retail 14 8,000 City of Maplewood R Apartments 46 ,..;....,... .,.F....,, , e,......, $ Apartments 70 City of Saint I'au: Caltliorhe Associates T Apartments 46 U Grocery 36,000 240 HILLCREST VILLAGE ----- -- -_.__ .._..._— _.._._-- ._._. -..__ ______..__r___ _v Office/Reta 32 00 48 ^_ TO TAL 254 2 43,025 1,163 SMART GROWTH PLAN - - --- - - -_- - - - -- 22 ATTACHMENT 13 CITY COUNCIL /N ANAGER WORKSHOP Monday, July 09, 2001 Council Chambers, City Hall 6:00 p.m. 1. Report on Hillcrest Village Plan Assistant Community Development Director Ekstrand gave an update on the Hillcrest Village Plan. Council agreed that the plan should move "full speed ahead ". City Council 9/9/01 Workshop Minutes 23 03/07/2001 22:21 4068627301 RICHARD STEINER PAGE 01 I 3� c►: ,w1KXL Wi)( -)P CITY MANAGER/COUNCIL 4MEM13 . 51 �'7 J70 FR OM: now DATE: 9/6101 SLT13JECT: WA,LCTREENN STORE $ LTILDNG APPROVAL WITH v AIRIA,NCE c�hona l i REPLY TO: 21161 I 1VIONT.ANA, REFERENCE UNTIL 919/41 REFERENCES 110IV" T.AN A REFERENCE 3225 E Lakeshore Drive (Delivery address) PO BOX IL Z7 (Mailing address) Whitefish, W 59937 TEL # 406 862 6892 FAX # 406 862 7301 ST PAUL, MN Pt-EFERE T CE 2230 Midland Grove Rd. St Paul, -. 55113 TEL & JFAX # 651 631 3 790 AFTER REA.DI�tG, PLEASE FORWARD COPY TO CITY MAYOR A, MEMBER. THANKS r AND tACH C4LT� CIL S irs: It It MY store understanding that the Pla�nin • g Commission voted to reject the o zshed by aigreen to build a nets• u d 'angexnent plan of Mapl ore on the Burger King site at 1706 ate B ear ear ,A ve.7► the pity � realise that the absolute correct . plan for any commercial site is sub ect . as Well as considerations such as ultimat .1 to many different points of v sery iew m► to use, design of the area, benefit to the co ing the residents and customers. The unity in te rms of teal estate tax in terms of receip to . certainly =Por�nt axed as tune goes on will P the community is 1, most Icely become more im po r ta n t Based on the negative vote on our � • Ap plan, • it would be reasonable and ' redevelopment in that neig hborhood fair to assume that ait future d would be have to conform. to the same format With that near Ian in mind cr P d, critical consideration to evaluat Planner increase the options Qx fle ' ' • is would the plan recommended b e p xibility, the market value and r Y th the Properdes 'involved ? I doub ' 1 ca estate tax valuation for ALL o bt it.. 1t is MY op ' on th at the Ian provided r • . P P d b3 tie. plan= Board is a case o suggest that p rofessional I"belt m obsolescence end � ap���sers review the Ian in t erms of properties affe cted, of what t would do to ntar� � e� et value Upon review of the history of this site ' ll remember or lc serve e • , you NNiarn that White Be � in creasing vehicle traffic count o Bear Av e. A,ve w•as widened to n �rhite dear Ave. �1, Based on the land nee improvement project Our site lost so needs of that road some land to the County. With that cc►nde ' original attractive and costly lands xnnatzon, we lost the a Y ping that we had provided our site • . ap proval years ago d f x e as a conditiaxz o f our $ r i 09/07/2001 22:21 40686:27301 RICHARD STEINER PAGE 02 While I respect the opiruiori of Shan • . . .hers v��th that same respect I ha ve an opirtion dxff 2 . e�rent from With that in mind, I trust that aver ' 0 0 , . Shaim aFinv� all and the Cit Coun cil • f o seriously & texested in the C' �' ncxl review MY position the Wa:1 City of Maplewood, that, ho �fu11 � and that green Store development as will be presented p . Y� we can get a vote � favor of p nted to the Council at its meeting g 9 lolol. Among tnany of the other considerations b the Pt tons to follow, one must evaluate the Y P l a nning Board would have on �e « erect that the plan furnished at�d to adjacent ' , that is the ease o f move • Gent properties as well as hove it will to n�en s the customers ;From w parking in front" o� �� all of the other buildi ' area p B ont" and this plan. with the" build' �� in the Set bacl� Ing at th e property line". On 48" and France Ave' Ed ina, �valgree� has built a store that abuts • experience at that site, it is their conclusion uts the side walk.. Based on their designed usion that they will forgo construction • gn provided by the City Planner is uphel � o� the �� site if the GAP p ld by the vote of the City Co • unG ;l.. Th war bu ild' at 49th & p� "building ance m Edina has conveniences for its clxe g up to the sidev�ratk format" while the Maplewood nts to support the p cod B� site has none. Despite those advantages wal tee r' g n Will not renew it lease at that location • � �v hen its leas expires The 50" and France Neig hbo rhood . �s g hood xn Ana is an upscale ``wad • original dou mtowns' of aFd na and has be around shopping area. It was the rem been upgraded as the residential and Comm S That area is supported by tv� ►o lax a e 1 din AT'al development of and a sm l g multi stor parking rain scene on e' t ground parting space close to the Wa p either side of �o -- lgreen Store. Does - the pro osed dal • • p p green, site on %rte Bear Ave. sound play and use? Is the ante lar to the Edina ground arrangement �� urf'U�Thite Bear Ave .�4. location nt at'ouiad customers' base`s Maplewood want to � likEly to encourage or develop into �° . 'would the City of p a wad f rnish parking spaces for the cuss � encourage "walk around sf�op xn " and o�nnexs . I doubt it. p $ Simp I do not see any e need to eve enteur � � ar support a planned area developin for the ' arp Area similar to the 50 & France g �►Thite Bear & recent de Edina shopping area. Frankly do developme the BK area --or even y, not Know of any bu.Ild • • here in W�litefi sk MT.-- embraC ing to the strut or sidewalk lzaae. (i.e. the .. . �g concept of T Nome Depot, and its ad jo i n i n g a rget, Wal and on and on. J ng buildings, Sam s Club, In INhitefish and Kalispell MT p ar t p —p rt of flathead valley the cities have building sites tip to the sideways" a great deal of `walk around . As th e area has grown, the two cities parking space and ALL new development desperately short on p�rnent is Be su�ular to the plan presented b wal a << • the sidewalk" has gone as autos and Y �' en. �'h� build to People have replaced the horse and buggy To start with, let us assi=e that the • Cpl supports the p provided walgzcen Nvalks away the p by the Planning 130ard and est money to buy the land and build a Wal e gr en Store, A big question -- -IF the Planning Com m i ssion's ission s GAP is not considered acceptable T customers, is it likely to be acceptable to an y o ther type of retail p to �t algreen operation --at . sitar locations in that area.? I t this location or other � x�ot! If there is a negative vote by the Ci ' ty Council to approve the Val seen • and ALL of the commercial l g �,AP, , the City of Ma Map lewood and owner's in Maplewood are Faced p considerations. with new and important 09/0712001 22:21 4068627301 RICHARD STEINER PAGE 03 The City Council would have at least a • moral and e • p z�haps a legal obligation to demand that all redevelopment in, at least, that area conform to the P new • table for _ lannmg Con�xzssian�'s plan that is now Valgreen on the I _believe that this would inhibit re in . obsolete and areas where buildings are now or will become where the land is under developed for lts best use. At this tame, we, the oN&mers of the BK l and do � • Land � of believe that it will EVER be the best use to redevelop the and build anyth; news a of ot�r g per the GAL' currently recommended b the P 6 Committee, � Y lanmng Evert more important, will any of the other ovine � • • owners of co� � mercxal land �n Maplewood be wiIlin t build new or replaCe old buildings with new CAP c ° currently recommended for our site? Our Lease with that terminates in A pril 1. Dori • e During that znterisn perlad, w e will talk to a lest of other ar fast :food places that have already contacted • Y us to rent the building. We :gust and hope that transferring the building ease t $ o different fast food outlet does not require an approval from the Planning Board of (Maplewood. Y Based on what I have seen done ' Edina, I believe that the " • . , build up to the side walk design has its ,place, but with �t, an overall plats providing parking* and stores . «�, ,, � p � ogres that cater to those who like to shop g around . p Edina Proximal to Edina - -there are Haan shopping ' will vote on. I c Y pp g areas similar to the waigreen Stole one you cannot recall any other Edna location that has buildings "to the road � la or side walk. . Your residents and the customers of dal re g erg are looking for convenience, With that to end I a ain reference that the City of ?Maplewood must service its residents ' g � pats first and at the same ttme consider the , reference of its real estate tax revenue which would ' . increase with a Walgreez� S fast Food outlet. tore as compared to a Walgreen is a National "super stare" that provides week � • prices, and a drive throe p kl� discounted sale prices, com ettt�ve low prescr�ptton pri h for prescription P � p p o� pzck up. Where �s nothing in that area ^ ossibl In all of Maplewood--that compares to what vial een will v' p Y �' provid for your residents From my perspective, approving the �a1 e • PP g gre Ja plan is a NNin, win, deal for the City, their residents. walgreen and for all the land owners to Maplewood, ' My partner and I respectfully ask for our approval ject. Y pp and vote favor of the pxo 'Thanking you in advance for you con nsx eratio and patience with me, I remain, Truly yours, Richard W. Steiner 916101 Until 9/9/0 1-----:Tel # 406 862 6892 09/24/2001 22:19 4060627301 RICHARD STEINER r PAGE 01 FAX 3 Pame(s). to: an ear FAX 651 779 3570 tM: JDATE: 9/24/01 SUB JECT: vote on walgreen store Building Approval with Variance on 9/24/01 RE-PLY TO: MONTANA NA I FERENCE REFERENCE MONTANA xxxxRENCE 3 ,225 E Lakeshore Dive (Delivery address) PO Box 1717 (Mailing address) W .MT 59937 TEL # 406 862 6892 FAX # 406 962 7301 ST PAUL, MN REFERENCE 2230 Midlaud Grove Rd. S t Paul, MN 55113 TEL & FAX # 65163137 PLEA►SSIC FORWARD COBS OF THIS LETTER TO I. HONORABLE CITY MAYOR AND EACH T w8) Sirs: Thaw for the coin shown to us and our legal repprescotative Bob Bell, at the Mfeting of the M ayor and the city Council 9/10/01. 1. since that meeting, everyone —world wide -- has bem impacted by the tragedy of 9/11/01. While I am saddened and have empathy for all of those personally affected by the act of hostility, with. a heavy heat f realize that life must go on. My experiences at the airports—leaving Mianneapoli's and arriving in Whitefish, emphasized some of the many anent changes in our life stylelbat will evo a sa �f fr +� for more security. Deal Estate Sales in hem in the Flathead Valley of Montana have come to a screeching halt and ca cellations of real estate sales booked are snow balling. marts on the Tv and other places indicate the economic barometer is fallings There is no doubt that the Country is , at least MIA ly, in state of chaos, while the future is always an unknown, the attack has grossly increa the unlmown po lai side affects co mplicating, even more, the planning of our personal and business lives. Tonight, you must decide whether or not the City of Maplewood will have a new 'Water Dug Store on the site where the B Kim presently exists or the Burger ing building wil l remain with a new tenant --mist likely fast food outlet. While respecting the Planning Committee's o pinion, after liming to legal opinions of your City ,attorney and our attomey, Bob Bell it will be imp ortant to evaluate and decided on the legality of voting down the application for a walgreen Store Building Pemit 09/24/2001 22:19 4068627301 RICHARD STEINER PAGE 02 2 Other issues that must be evaluated include the following: 1: Would a new Walgreen Store enhance —with new landscaping replacing what the County took ttom the original site -- improve the esthetics of the area more than the approximately 40 old Tom McCann Shoe Store-- - presently —and most likely to continue to be - -a fast food outlet? 2: Would a discount and convenience drive through Pharmacy serve the residents of the area better then a different fast food outlet? 3: Would Walgreen's employ more people than another fast food outlet? 4: Would the City and County benefit from the extra real estate tax revenue with a new and larger building? 5: Which type of operation would benefit the community more? 6: Who would want the building site if it is not acceptable to Walgrem? 7: Except for not embracing the GAP provided by the City .Planners for a yet to be legally approved new City Planning Ordinance, the bottom line is "what would be the negative trade offs" of approving the Walgreen store? 8: As important as anything, what would the advantages to the City and the area of the GAP furnished by the City Planners be when compared to the GAP famished by Walgreen designer? As you evaluate the answers to the above questions, you must take into consideration the following issues that have threatened our economy since our last meeting. The stock market and the economy, in general, has generally been negatively affected by the act itself and the varieties of unknowns that it will bring forth will most likely, have even further negative affects. With the market collapse, there has been a serious loss of personal not worth of many retired people who must deal with their new, unexpected, personal dilemmas It is impossible to predict or even wisely speculate, how those people devastated by the after affects of the disaster will react —or in many cases cope with their personal financial losses. Many others — including the 10,000 employees of Norwest Airlines —are facing futures without Jobs, less cash and even worse less optimism for a future that they had taken for granted before 9/11101! We know that the economy has been negatively affected in many different ways by this confrontation. We do not know where that negative momentum will lead to, nor when or IF it will turn around. While looking for answers to those unknowns, l think we can safely predict that the building of the new Walgreen Store will have positive affects for the City of Maplewood, its residents, and the Walgreen customer.. While insignificant to the total economy, the construction of the now building will create jobs; the store itself will need employees and this will be of great help to many people, in the neighborhood, who will now, unexpectedly, need extra income. For the customers, th store will provide nearby residents and others with conveniences (including a drive through for pick up items) and savings with Walreen's weekly special discounted prices on the variety of the items that Walgreen sell. The mass buying power of Walgreen, with lower prices, will benefit your citizens! Furthermore, the new store will provide thousands of dollars in increased real estate taxes —for which the need of the City and County will continue, maybe more now than before the tragedy, to escalate. 09/24/2001 22:19 4068627301 RICHARD ETEINER PAGE 03 3 From a Planner' view point, the new buildin whit possibly rot set on the site as they would most desire, the 'buildiing itwlf with its1andscapling will most ve tainbly cook- bu than► the BK Building n on the site— which could temain a Permanent fiat . In ad dition, even if without any legal considerations, this one site is relatively insignificant in the total .'k'T, 3TURE plan of the City of Maplewood As im, portant as anything else, the Devised City Plan may not be for every site — the terrain and end use will carry a lot of weight in the final decision for the developer and ultirnate user. EF the New Walgmn Store is not approved, Walgreen will most likely walk. IF this happens, we believe the City and the land own will be neptively affected in many ways! Without approval, the unknowns-- all currently negative - -of the building on the site as it now stands increase sub tarktially for the City an d for the land owners . From my perspective, IF the eompromised GAP provided by Walgreen is not accepted by the Mayor and Coumeil, , we must seriously ask — IF the plan is nof acceptable to Walgreen, what retailer will accept it mahout a emphite major mdevelepmeAt of the entire area? As important, is the Clay of Ma pre to impi went or even consider the plusm an d minuses of a m aj or redeve of tbat area? If the revised GAP provided by the City planners, is not zoKftable to Walgreen and most likely to other new major retailers, , as land owners, our options will be litrrited and we will -- Mee name -- be looking to the fast food -ale to replace BK as a tenant. Based on the that the pity of Maplewood has no ordinanoe in place to implement the new GAP eoncept provided by the Planning Department for the Walden project, by itself, the legality of the matter must he seriously evaluated. Them are always plusses and minuses in every decision mein process. It is my humble opinion that in this c ase the only pouthle negative peles in comparison to the many actual positive plusses that should favor approval of the W algreen plot plan for the benefit of all of those addressed above. If'you multiply the incre a in tax revenue per year by 30 years, You will have a lot of money on the table that most citi and Counties with, no negative trade off— would love to have. From fr i ends in St. Paul, I understand that in the +ply stages of this Walgeen Store site selection - 4hat rep sesenta vea of the pity of st Paul had invited War en to consider nearby site in t. Paul. 1 That site may be their choice if this applioation to build is turned downI I believe that this is a positive economic opportunity for all involy li It will benefit the City of Maplewood, u +c1e the urea, provide maces, convenience and economy to the shoppers. fence lost — those benefits will be p gone f orever ! I believe that the Mayor and City Council Members should be pleated and proud that WaIgmen chose the City of M aplewood f or this store. IF approved, this will he one more major step forward in the upgrading of White Bear Ave. I res pectfully hope that each of you &9M with my "story" and that you will vote in favor of the Walgreen GAP 'f `hanking you' advance for your serious consideMJon, I ruin, Truly yours, � R W. Stet ;ear r 09/25/2001 02:28 4068627301 RICHARD STEINER F J1 Paael'sI to: Robert Bell. Attu PAGE 03 DATE. 9/24/01 SUBJECT: Vote on Walgreen Store Building Approval with Variance on 9/24/01 R"LY TO: MONTANA, RE CE REFERENCES MONTANA REFERENCE ST PAUL, MIS REFERENCE 3225 E Lakeshore Dove (Delivery address) PO Box 1717 (Mailing address) Whitefish, MT 59937 TEL # 406 $62 6892 FAX ## 446 862 7301 Dear Bob: 2230 !Midland Grove lid. St Paul, MN 55113 TEL & FAX # 651 431 3790 Momant$ ago, Raleigh faxed me a copy of a Memomndutn to the City Manager of Maplewood dated 9 /18 /01 By my standards, the demands for the Walgreeen site are most likely a death knell for the Walgr+een Store on our BK site: ■ Because the a . is NOT a "walk around" shopping ayes,, I ain shocked by the plan being recommended. A s I bad mentioned in my previous latter to the City of Maplewood, the City of Edina incorporates this "walk around format" but only In tbte dowutowa area.. To make its, viable and worthwhile shopping area, Edina has fumished two parking arm's and also a ground levea parking area to provide tho customer to "walk around" aver parking their vehicle. dust as important the Edina Area. re r+enced its for upscale tenants --wh fch, would not include the Salvation ,Amy and the Dollar Store that an tenants of the present mall south of us. To make an even getter point, the WaJgreen Store ( with no parking available on their property, in that area is a shoat diet nee from the parking ramp and a parking lot. Despite this convenience, it is my understanding that 717algmn will not renew its lease because of the format and inconvenience to its customers. Deferring to Pair 1 of "Background", this was the first time I beard that there was a Hillereat Village .Redevelopment concept plant t t With this information in mind, I must wonder IY the Rillerest' tillage Redevelopment concept plan has been providW by the Rillcreat Real; Estate Group that owns so many different shopping mulls in the TC Area. If so, and Hillemst :properties owns the depilated, outdated mall south of our property, (which I believe is in St Paul) I would not be surprised that part of the clan is to keep the pharmacy tenant in the project that they own -- presently without drive through convenience. W Mllemst is getting or *ill seek fluaucW subsidies from the City of St Paul for t1ds "concept plan" the City of Mstplewood must take into consideration that either City is competing for the tax dollars that can be generated in the area, , ' 09 /'' / 2001 02:28 4068627801 RICHARD STEINER PAGE 02 2 At this point and because the REDEVELOPMENT "concept plan",. is , only a concept,. I believe that it is . reasonable to ask if part of the " cowept plan'', is to kill the Walgmen Store proposed to be built in Maplewood so that the Cut Date Phamacy now in the obsolete mall will be the only laharinaay in th Am? IF indeed the pity, of S t pain is subsidizing that redevelopment of a NEW shopping mall, the City of Ma 'd must ask themselves Ip they are prepared to subsidize the redevelopment of the property in ±our-. K am aatd XF so, which City will benefit more from the "concept planllf if ever Jmplexnented —�parf alO or If Hillerest implements its "concept plan" it will have a big head start over the City of. MR' With a big head start in their project, it i s likely that they will get the Oast shot at the best temantsf If the City of M ,)lewood is interested in competing for the better tenants, time is of the essence for ihim to get a re develop... J pl a n initiated - immediately or lose out. wi th a bead start f Hillerest Realty, It is likely that'the tenants most likely' available will go to th H3llerest developwent In St P Is Maplewood able and prepared to provide a Redevelopment plan as good or better than the iicrneept" provided by Hillerest Fealty'? , With a "wally around shopping conce , especially with au isolated pietm reseal development-in plewood, will and how many c will walk across Iarpeateur tQ 20.10 the ;1 1plewood Dmlopmee t which wily most likely be left w�lith fewer and 16wi eir stale to a to att ct t�aa +a I llerest Shopping Mall? My. GUESS is not many: IF the EMerest Deal Estate Co truly believes that their Hillerest 'village P.W"vlopment concept plan is . best for all coneerned, are they wMAn►g to pot tbteir money on the line to bay the a eeied land in Maplewood to implement expand, aad make the best of their conceptual plan ??? Regardless of what the City of Maple-wood does relative to this building pamit application and potential redevelopment, , we are fortunate that Walgreen has established a point of reference for the market value of bur property.. While 1 have no background in law, planning, nor issues related to this permit relative to the " conceptual" GAP, I am inclined to believe that the City of Maplewood has a lot of things to evaluate before they' vow ne tivelyon our pr�roject in favor to accept and implement a possible self serving Hillcrest Redevelopment Conc+��t Elan! Thanks Bob, Dick 9l24l01 FAX R,aleigb Nelson for Bob Bell C: City Manager of Maplewood AGENDA ITEM �J AGENDA REPORT TO: City Manager FROM: DATE: SUBJECT: Introduction Director of Public Works /City Engineer September 17, 2001 Action by Council Date Endorsed MWWied Rej�d Receive Comments and Responses on Environmental Assessment Worksheet (EAW) for Beaver Lake Townhomes, Project Number 01 -10 The proposed Beaver Lake Townhome project was considered for approval as part of the May 14, 2001, council meeting. The city council, after receiving a- petition from the neighborhood,. authorized the preparation of an Environmental Assessment Worksheet (EAW) to determine if there was potential for significant environmental issues related to the proposed project. A consultant, BRW Engineers, has prepared the EAW. The EAW was published and distributed to the required statewide distribution list to allow public and agency comment. The city council should receive all the comments and review the responses to those comments. Representatives from BRW Engineers, Beth Kunkel and Karl Keel, will present the EAW and their responses to the comments received. Following their presentation and council questions, it would be appropriate to receive public comment. Background The city council authorized the preparation of an Environmental Assessment Worksheet (EAW) at the May 14 city council meeting due to the council concern that inadequate information regarding site - generated traffic, impact on site wetlands, and impact of site - generated storm water runoff was included in the project proposal. The city council's motion indicated that the potential for significant environmental impact exists, which met the threshold for the preparation of the EAW. BRW was selected to prepare the EAW at the developer's expense. The `EAW document was prepared by BRW and transmitted to the necessary agencies and made available to the public for comment. The procedure for review of the EAW required that the city council have a notice of the document being available for review published in the Environmental Quality Board (EQB) Monitor, which occurred on August 6, 2001. EAW rules require that the city council, as the Regulatory Governmental Unit (RGU), allow at least 30 days for comment on the EAW before making decisions or comments. A total of four agencies and six residents submitted comments on the EAW. A copy of those comments is attached to the Findings of Fact included with this report. The EAW, the comments received and the responses to those comments are used to prepare the Findings of Fact on the decision within the. EAW. Beaver Lake Townhomes EAW 2 September 17, 2001 Findings of Fact Upon review of all the information on this project, BRW has concluded that an Environmental Impact Statement (EIS) is not warranted. The four state agencies that commented on the EAW concurred. An EIS is typically a 2 -4 year study process that generally is not conducted for projects this size and is more typical of a mega mall type of project. The process does, however, yield recommendations to control the environmental impacts related to the project. BRW has made a number of recommendations to mitigate, reduce or minimize any environmental impacts anticipated from this type of project. There is no action necessary under this item on the agenda. This is the council's - opportunity to review the EAW, comments and responses and to receive any additional public comment relative to the environmental nature of the project. All property owners and petitioners who expressed interest in the original project submittal have been notified of this meeting. As part of the next agenda item, the city council will be asked to determine if the information has determined if significant environmental impact exists, or if information is available to reasonably determine that the environmental impact can be mitigated. Recommendation It is recommended that the city council receive all comments and responses to the EAW document, along with the Findings of Fact, for the Beaver Lake Townhomes Planned Unit Development. RCA jW Attachment AGENDA ITEM AGENDA REPORT Action by Council Date Endorsed TO: City Manager o di f Rejec FROM: Director of Public Works /City Engineer .. DATE: September 17, 2001 SUBJECT: Consider Resolution Finding No Significant Impact on Environmental Assessment Worksheet (EAW) for Beaver Lake Townhomes, Project Number 01 -10 Introduction As part of the previous agenda item, the city council received and reviewed the EAW, received and reviewed all agency and public comments on the EAW, as well as the responses to those comments. This concludes the process of environmental review as required by Minnesota State Rule 4410.1700. The remaining item is for the city council, as the Regulatory Governmental Unit (RGUI), to determine whether this project has the potential. for significant environmental effect. A resolution for determining that the project does not have the potential for significant environmental impact is attached for council consideration. Background The city council authorized the preparation of an Environmental Assessment Worksheet (EAW) at the May 14 city council meeting due to the council concern that inadequate information regarding site - generated traffic, impact on site wetlands, and impact of site - generated storm water runoff was included in the project proposal. The city council's motion indicated that the potential for significant environmental impact exists, which met the threshold for the preparation of the EAW. BRW was selected to prepare the EAW at the developer's expense. Minnesota Rule 4410.1700, Subp. 7, specifies the following criteria to be used in deciding whether a project has the potential for significant environmental effect. • Type, extent and reversibility of environmental effects. • Cumulative potential effects of related or anticipated future projects. • The extent to which environmental effects are subject to mitigation by ongoing public regulatory authority, and • The extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the project proposer, including other EISs. Beaver Lake Townhomes Findings of Fact 2 September 17, 2001 Findings of Fact Summary The proposed project is similar to many recent projects within Maplewood and throughout the Twin Cities metropolitan area. While each site is unique, the environmental impact is common for this type of project. The impacts are predictable and can be controlled as part of the city's zoning and subdivision review process. It would be appropriate for the city council to use information from the EAW during the consideration of the development. Specific direction can be given at this time, following the recommended adoption of the resolution determining no significant environmental impact. The recommended direction includes specific reviews to be completed prior to the council and planning commission review of revised project plans. These plans include submittal of Stormwater Management Plan, a Grading and Erosion Control Plan, a Buffer and Turf Management Plan, and a revised site plan without variance to the setbacks measured from the creek banks. The city council could also direct staff to continue negotiations with the project proposer to reduce density and secure the stream buffer zone into public ownership as recommended as a better environmental approach within the EAW. Recommendation It is recommended that the City. Council adopt the resolution determining that the environmental rule requirements have been met and that the potential environmental effects are not considered significant enough to warrant preparation of an EIS, and further that plans for stormwater, grading, erosion control and buffer /turf management shall be submitted by the proposer prior to site plan and final plat consideration, and further, that this negative declaration be distributed to all parties on the State Environmental Quality Board distribution list and all persons commenting in writing on the EAW. RCA jw Attachment City of Maplewood City Council Resolution File number Date. Draft BEAVER LAKE TOWNHOMES PLANNED UNIT DEVELOPMENT ENVIRONMENTAL ASSESSMENT WORKSHEET WHEREAS, the City of Maplewood is the Responsible Governmental Unit for the Environmental Assessment Worksheet (EAW) for the Beaver Lake Townhomes Planned Unit Development at the corner of Lakewood Drive and Maryland Avenue; and WHEREAS, the EAW was prepared and distributed to all parties on the State Environmental Quality Board (EQB) distribution list, as well as local agency representatives and the petitioners' representative; and WHEREAS, the EAW Notice of Availability was published in the EQB Monitor on August 6, 2001, beginning a 30 -day comment period that ended on September 5, 2001; and WHEREAS, a meeting sponsored by the City of Maplewood was held at the City of Maplewood Fire Station on July 23, 2001, to receive input from interested persons; and WHEREAS, written comments on the EAW were received and considered from nine parties; responses were developed, and findings were prepared; and WHEREAS, the City Council has the authority to make the final determination on the adequacy of an EAW and the related negative or positive declaration as to the need to prepare an Environmental Impact Statement (EIS); and NOW, THEREFORE, BE IT RESOLVED, that the EAW requires that plans pertaining to stormwater, grading, erosion control, and buffer /turf management be submitted by the project proposer for review and approval, and that the City will consider the project density, the inclusion of public trails, and protection of the buffer zones, prior to approval of the site plan and final plat. BE IT FURTHER RESOLVED, that the City Council has determined, based on the Endings contained in the Record of Decision, that the environmental review requirements have been met by the Environmental Assessment Worksheet prepared for the Beaver Lake Townhomes Planned Unit Development, and the potential environmental effects are not considered significant enough to warrant preparation of an EIS; and BE IT FINALLY RESOLVED, that the City Council requests that the negative declaration be distributed to all parties on the State Environmental Quality Board distribution list and all persons commenting in writing on the EAW. Moved by — Seconded by In favor Against AGENDA ITEM AGENDA REPORT TO: City Manager FROM: Dennis Peck, Senior Engineering Technician -by C Date Endorsed Mcdfied MIN W VW -OW SUBJECT: Approve Purchase of Tax - Forfeit Property from Ramsey County for Storm Pond Purposes at Beaumont and Larpenteur DATE: September 4, 2001 Introduction The city has been advised of the tax - forfeited status of several abutting parcels along Larpenteur Avenue lying between Beaumont Street and Jackson Street. The city has the opportunity to acquire these contiguous parcels for a. small sum of unpaid back taxes. Background The parcels concerned are part of an extremely deep ponding area depression, which was largely created by construction of the Larpenteur Avenue road embankment on the south and .Jackson Street on the east. The unconstructed south end of platted Beaumont Street overlays the west end of the pond. The steeply sloped banks extend from Jackson Street on the east to almost 400' west past Beaumont Street and from Larpenteur Avenue on the south to about 300' to the north. The pond bottom is nearly 20' lower than the adjacent streets and properties. Three area drainage pipes and adjacent property area runoff flow into the basin. There are presently no outflow pipes leading from the pond site. Discussion The seven - (7) approximately 40'X 136' parcels (includes / vacated alley) represent approximately the west 50 percent of the existing ponding area. The east %2 of the ponding area (Lots 10 -15 of Block 14) are in State of Minnesota Trust status and will likely be offered for acquisition in the near future. The pond itself has long been identified as Pond TB 14A in the city's drainage study and is considered necessary for containment of approximate) 3 -acre feet of sub - district drainage water. A high water overflow outlet structure is deemed required for optimum safety and efficiency. If these parcels are not acquired at this time for the existing back tax amounts, they could be again sold off to private parties for possible development. All of the lots (10 -22, Block 14) lying in or along the slopes of this basin are essentially unbuildable without extensive filling. If not acquired by the city, the city's position should be that any building permits applied for would be denied unless the 3 -acre foot pond storage area could be achieved by the developer. A sufficient dedicated area would be required for drainage and ponding including the high water outflow structure and perimeter fencing for safety. Imposition of the ponding requirements would most probably deter any possible private development which could again set the tax delinquent and forfeiture condition in motion. Should the city find it necessary in the future to acquire and pay for the properties, land values and /or condemnation cost would be significantly greater than the tax forfeiture costs which are offered at this time. Acquisition of Lots 16 thru 22 of Block 14 by the city would most likely curtail any possibility for development of Lots 10 -15 of Block 14 along the Jackson Street side of the pond. Recommendation The city does need a 3 -acre foot subdrainage area pond for storm water containment in that part of the Trout Brook drainage area. Acquisition will never be easier or less cost) than at this time. The city council should act to acquire the four tax - forfeited properties from Ramsey County. Budget Impact The properties to be acquired consist of seven (7) lots configured as four (4) separate legal descriptions east of and adjacent to the unconstructed Beaumont Street: P D L, of # Block # Plat Name Acquisition Cost 182922340076 16 -19 14 St. Aubin & Dion's Rice St. Add $4,203.20 182922340077 20 14 St. Aubin & Dion's Rice St. Add $1,103.30 182922340078 21 14 St. Aubin & Dion's Rice St. Add $1,103.30 182922340079 22 14 St. Aubin & Dion's Rice St. Add $1 Total Cost $7.513.10 Funding for this acquisition is recommended from a transfer from unused street maintenance materials account. This account has available funds due to excellent bid prices for seal coating. Action Required It is recommended that the Maplewood City Council adopt the resolution to acquire the tax - forfeited properties for purposes of storm water holding and ponding. DLP jW Attachments 01- 10 -XXX TAX FORFEITED PROPERTY ACQUISITION RESOLUTION WHEREAS, The State of Minnesota has declared certain properties held in trust located within the City of Maplewood, County of Ramsey, State of Minnesota to be Tax Forfeited; WHEREAS, The Office of Tax Forfeited Lands, Department of Revenue and Taxation, Ramsey County, Minnesota has granted the City of Maplewood opportunity to acquire said properties pursuant to Minnesota Statutes, Section 282.01, Subdivision 1; WHEREAS, it is incumbent upon the city to provide for control of storm water runoff and drainage containment; WHEREAS, said properties are identified as necessary for drainage and storm water ponding purposes as prescribed by the Maplewood Comprehensive Storm Water plan; NOW THEREFORE BE IT RESOLVED, that the city council deems it in the public interest and approves the acquisition of the following described Tax Forfeited properties: P D L_ of # Block # Plat Name Acquisition Cost 182922340076 16 -19 14 St. Aubin & Dion's Rice St. Add $4,203.20 182922340077 20 14 St. Aubin & Dion's Rice St. Add. $1,103.30 182922340078 21 14 St. Aubin & Dion's Rice St. Add $1 182922340079 22 14 St. Aubin & Dion's Rice St. Add $1,1 Total Cost $7.513.10 All in Section 18, Township 29, Range 22 North in Ramsey County. The City Clerk is directed to make provision for the acquisition of said properties with the Ramsey County Department of Revenue and Taxation. ............ _.__...»...»_.. ._....._ ........... ._......... .. i �..__ _._...._....,....._ ............ .. » »_..�- ....,_. »_ ..' wm v i 24 i r• i i i s l i . j .170. { ........ . .... 1706' i i ....._..... »_.__ »... i �7•'x"'"c i , , i .. .......... . ! i 7 � S F � \ „ \\ J tr i i : Note• The ' f t' rr• rt K4•,'.,'• GtYSight }S. s"3i`�t^iYi I �' 1 �•. ���Piq;ik�•Y•a''.<i'�tiR” \ Sna LZI Enter Map Title Enter Map Description -Mao Legend: LABEL STPNT LABEL ADDRPNT L- HALFSEC EIN= BUILDING PRIM E!"` ..:.I��; WATER STREAMS = PARCEL CITY Selected Parcel (5) . In orma Ion provided by this program has been compiled from recorded deeds, plats, taxmaps, surveys, and o #her ubtic records not intended to be used as one. Users of this data are hereby notified that the information sources mentioned P and data. It is not a legally recorded map or survey and is �ffle, i.) R VF N R 1 811 (% above should be consulted for verification of the Information. Once again, USE AT ■ . . Agenda K �--� MEMORANDUM TO: FROM: DATE: RE: Richard Fursman, City Manager Karen Guilfoile, City Clerk September 19, 2001 Lawful Gambling License - TSE, Inc. A0608 eyc Modified TSE, Inc., has submitted an application for a lawful gambling license. Their gambling will be held at the Chalet Lounge, 1820 Rice Street. The purpose of the organization is to provide training and rehabilitation services for people with developmental disabilities. The organization has been in existence since 1961 and has been in Maplewood since February, 1994 located at 1983 Sloan Place. As required by City Code, the necessary background check has been completed on the organization and on Daniel Rietz who will be the gambling manager. There was nothing found that would prohibit the City from approving the lawful gambling license request. It is recommended that council approve the application to be used at the Chalet Lounge. Agenda V,3 MEMORANDUM Action by Council Date TO: Richard Fursman, City Manager Endorsed .,,.: Modified FROM: Karen Guilfoile, City Clerk Rejected DATE: September 19, 2001 RE: Change of Meeting Date The November 12, 2001 council meeting falls on the day that City Hall will be closed in observance of Veteran's Day. The City Council Policy and Procedure Manual states the following: The City Council shall hold regular meetings on the second and fourth Mondays of each month at 7:00 p.m., provided that when the day fixed for any regular meeting falls on a day designated by law as a legal holiday, such meeting shall be held at the same hour on the next succeeding Tuesday, not a holiday, unless authorized by the City Council. It is recommended that the meeting date be changed to Tuesday, November 13, 2001. a-d d- t�q AUX,4(�, P a eJt4_;t7-- CITY CHARTER § 15.03 Sec. 14.01.6. Collection. (1) The council shall provide by administra- tive ordinance the manner in which the assessment shall be collected, the rate of interest and penalty to be charged there- upon, and the date from which the. inter- est shall first accrue. (2) The county auditor shall include in the tax rolls as a portion of the total to be collected by the county treasurer. any as- sessment or installment thereof, together with accrued charges, due and payable under the terms of the administrative ordinance. The amounts so included shall be collected in the same manner as are municipal taxes and shall be subject to the same penalties, costs and interest charges as are municipal taxes. (3) Every assessment shall be alien upon all private and public property from the date of the resolution adopting the assess- ment. Such assessments and interest shall be of equal rank with the lien of the state for general taxes which have been or may be levied upon the property. Sec. 14.02. Special assessment — Alternative procedure. The city at its option may exercise the powers and follow the procedures provided by Minnesota Statutes, Chapter 429. CHAPTER 15. PUBLIC OWNERSHIP AND OPERATION OF UTILIT S Sec. 15.01. Acquisition and operation of util- ities. The city may own and operate any gas, water, heat, power, light, telephone, transportation, mar- ket or other public utility for supplying its own needs for utility service or for supplying utility service to private consumers or other governmen- tal agencies. It may construct all facilities needed for that purpose and may acquire any existing utility properties so needed. The city shall not acquire or construct any public utility unless the Supp. No. 37 27 proposition to acquire or to construct it has been approved by a majority of the electors voting upon the proposition at a general or special election. Sec. 15.02. Regulations and rates. The council may by ordinance fix rates, fares and prices for municipal utilities and may pre- scribe the time and manner of payments for all such services, and may make such other regula- tions as may be necessary, and prescribe penalties for violation of such regulations. Sec. 15.03. Board of water commissioners. There shall be a board of water commissioners composed of six (6) members appointed as follows: The mayor shall appoint with the approval of the council three (3) members who shall be members of the city council for terms to coincide with their elected terms of office and two (2) members who shall be resident citizens of Saint Paul who hold no other city office or city employment. The sixth (6th) member who shall be a resident citizen of a suburb served by the board's w aLer system to be appointed in the manner provided for in the water extension agreement with the suburb(s). All citi- zen members shall serve for a term of four (4) years. A citizen member appointed to fill a va- cancy shall serve for the unexpired term. In the event of a tie vote on any issue before the board the mayor of Saint Paul shall be considered an ex officio member with the right to vote to break the tie vote. The council may provide for an additional citizen board member to be appointed as provided for in the water extension agreements with the suburbs. The board shall elect biannually from its mem- bership a president, and vice - president. The board may make bylaws, rules and regulations for its government not inconsistent herewith, subject to the approval of the city council. The compensation of the board, if any, and the compensation of all officers and employees, shall be fixed by the city council. Employees of the board shall be considered employees of the City of Saint Paul. Except as modified by this Charter or state law, the board and its employees shall in all respects be subject § 15.03 CITY CHARTER to and subordinate to all provisions of this Char- ter and the ordinances and resolutions enacted in pursuance thereof. . The board of water commissioners shall exer- cise all authority for the operation of the water utility as provided by Chapter 110, Special Laws of Minnesota for 1885, which is incorporated herein as fully and effectively as if set forth herein verbatim. (C.F. No. 96 -1365, § 1 12- 11 -96) CHAPTER 16. FRANCHISES ;Sec. 16.01.- Franchises required Except as otherwise provided by law, no per- son, firm or corporation shall place or maintain any permanent or semipermanent fixtures in, over, upon or under any street or public place for the purpose of operating a public utility without a franchise therefor from the city. A franchise shall be granted only by ordinance, which shall not be an emergency ordinance. Every ordinance grant- ing a franchise shall contain all the terms and conditions of the franchise. The grantee shall bear the costs of publication of the franchise ordinance and shall make a sufficient deposit with the city clerk to guarantee publication before the ordi- nance is passed. Sec. 16.02. Term. No exclusive or perpetual franchise shall ever be granted. No franchise for a term exceeding twenty (20) years shall be effective until approved by a majority of the electors voting thereon. Sec. 16.03. Public hearing. Before any franchise ordinance is adopted or any rates, fares or prices to be charged by a public utility are increased by the council, the council shall hold a public hearing on the matter. Notice of such hearing shall be published at least once in the official newspaper not less than ten (10) days prior to the date of the hearing. Sec. 16.04. Power of regulation reserved. Subject to any applicable law, the city shall have authority to regulate and control the exer- cise of any franchise and shall include in the franchise ordinance procedures for the regulation by the council of any franchise, including proce- dures for estimating reasonable rates, fares or prices to be charged by the grantee. No franchise value shall be included in the valuation of the grantee's property in regulating utility rates, fares or prices under any applicable law, ordinance, or regulation or in proceedings for municipal acqui- sition of the grantee's property by purchase or eminent domain. Sec. 16.05. Renewals or extension. Every extension, renewal or modification of any existing franchise or of any franchise granted hereafter shall be subject to the same limitations and shall be granted in the same manner as a new franchise. Sec. 16.06. Gross earnings. Every corporation or person exercising any franchise in, over, under or upon any of the streets or public places or elsewhere in the city shall pay to the city a franchise fee in a sum equal to at least five (5) percent of the gross earnings derived or accruing from the exercise or enjoy- ment within the city of the franchise. This section shall apply to every franchise granted prior to the adoption of this Charter and to every other fran- chise unless the ordinance granting its exempts the grantee and others holding through or under them from the franchise fee. Sec. 16.07. Grantee's agreement. No franchise heretofore or hereafter granted and no extension, modification or change of any franchise, or of any condition or limitation affect- ing such franchise, shall be valid or effectual unless the person or corporation receiving or holding such franchise shall, in writing, agree that such franchise together with any extension, modification or change shall be held and used subject to all the conditions and limitations pre- scribed in this Charter, including the payment of a franchise fee of at least five (5) percent of the gross earnings, unless the franchise holder is specifically relieved of the payment as provided above. Irrespective of such written statement, Supp. No. 37 28