HomeMy WebLinkAbout09-28-1998 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., MONDAY, September 28, 1998
Council Chambers, Municipal Building
Meeting No. 98-21
A. CALL TO ORDER:
A regular meeting of the City Council of Maplewood, Minnesota was held in the Council
Chambers, Municipal Building, and was called to order at 7:00 P.M. by Mayor Rossbach.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL:
George F. Rossbach, Mayor Present
Sherry Allenspach, Councilmember Present
Dale H. Carlson, Councilmember Present
Kevin Kittridge, Councilmember Present
Marvin C. Koppen, Councilmember Present
D. APPROVAL OF MINUTES:
Councilmember Allenspach moved to approve the minutes of Meeting No. 98- 20 (September 14,
1998) as presented.
Seconded by Councilmember Koppen Ayes -all
E. APPROVAL OF AGENDA:
Mayor Rossbach moved to a rove the A enda as amended.
M2. Pawn op
M3. Mayor's Mailbox
Seconded by Councilmember Allenspach Ayes -all
F. APPOINTMENTS/PRESENTATIONS
NONE
G. CONSENT AGENDA:
Councilmember Carlson moved, seconded by Councilmember Kittridge; ayes -all, to approve the
Consent Agenda, Items Gl-G10, as recommended.
1. Approval of Claims
Approved the following claims:
9-za-9a i
ACCOUNTS PAYABLE: $ 89,763.42 Checks # 7615- #7623 Dated 9-4-98 thru 9-9-98
$ 202,077.42 Checks # 39756- #39862 Dated 9-15-98
$ 23,197.56 Checks # 7624- #7631 Dated 9-11-98 thru 9-18-98
$ 175,909.34 Checks # 39866- #39960 Dated 9-22-98
$ 490,947.74 Total Accounts Payable
PAYROLL: $ 284,009.67 Payroll Checks and Direct Deposits Dated 9-18-98
$ 47,762.35 Payroll Deduction Checks Dated 9-18-98
$ 331,772.02 Total Payroll
$ 882.719.76 GRAND TOTAL
2. English Street Improvements, Project 96-19
Approved the following resolution approving Change Order 1 for early completion incentives on
the English Street Improvement project in the amount of $5,000.
98-09-92
RESOLUTION
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made
Improvement Project 96-19, English Street Improvements, and has let a construction contract
pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and exppedient that said contract be modified and designated as
Improvement Project 96-19, Change Order 1.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing
contract by executing said Change Order 1 in the amount of $5,000. The revised contract amount is
$372,752.
The finance director is hereby authorized to make the financial transfers necessary to implement
the financing plan for the project. The project budget is increased by $5,000.
3. Non-Waiver of Statutory Liability Limits for Insurance
Approved the non-waiver of the statutory liability limits for insurance so that individual
claimants will not be able to recover more than $300,000 on any claim to which the statutory
liability limits apply.
4. Transfer of Funds -City Clerk/Deputy Registrar Copier Replacement
Approved transfer of $2,000 from City contingency funds to the City Clerk/Deputy
Registrar Division for equipment replacement.
5. Donation to Canine Program
9-za-9a z
Accepted a donation of $500 from Ms. Doris Hansen, approved funds to purchase the
remote canine development system.
6. Donation to Police Department
Accepted a donation of $100 from Boston Health Care Systems, approved funds to
purchase materials for future safety presentations.
7. Livable Communities Act-1999 Participation
Adopted the following resolution for Maplewood 1999 participation in the Local
Housing Incentives Program under the Metropolitan Livable Communities Act.
98-09-93
RESOLUTION
RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING
INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES
ACT FOR CALENDAR YEAR 1999
WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes Section 473.25
to 473.2542 establishes a Metropolitan Livable Communities Fund intended to address housing and
other deve opment 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 and the Local Housing
Incentive 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 participatingg in the Local Housing Incentives Account Program under the Minnesota Statutes
Section 473.54; and
WHEREAS, the Metropolitan Livable Communities Act reqquires the Metropolitan Council to
negotiate with each municipality to establish affordable and life-c cle housing goals for that
municpality 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 municpality; 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 1999, a metropolitan area city that participated in the Local
Housing Incentive Account program during the calendar year 1998, can continue to participate under
Minnesota Statutes Section 473 254 if: (a) the aty elects to articipate in the Local Housing
Incentives Account Program by November 15, 1398; 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 1999.
8. Oak Ridge Estates 4th Addition Final Plat (Montana Avenue, east of Sterling St.)
9-28-98 3
Approved the Oak Ridge Estates Fourth Addition final plat. Appproval is subject to the County
recording the deeds, deed restrictions and covenants required b the City and the surveyor
changing Montana Court to Montana Avenue on the final plat be~ore recording.
9. Conditional Use Permit Review - 2696 Hazelwood Street (First Evangelical Free Church)
Reviewed the Conditional Use Permit for First Evangelical Free Church at 2696 Hazelwood
Street review again only if changes are proposed or if problem arises.
10. Conditional Use Permit Revision -Ramsey County Household Hazardous Waste Collection
Site (Aldrich Arena)
Adopted the following resolution approving revisions for the Conditional Use Permit for a
temporary household hazardous waste collection site.
98-09-94
RESOLUTION
CONDITIONAL USE PERMIT REVISION RESOLUTION FOR HOUSEHOLD HAZARDOUS WASTE
COLLECTION SITE
WHEREAS, Ramsey County is requesting a revision for their conditional use permit for a
temporary household hazardous waste collection site.
WHEREAS, this permit applies to the site that is southeast of the Ramsey Nursing Home.
The legal description is:
Subject to avenues and easements and except the West 620 feet of the North 438 feet, the West 810
feet of the North one-half of the SW 1/4 of Section 14, Township 29, Range 22
WHEREAS, the history of the permit is as follows:
1. On March 21, 1994, the Planning Commission recommended that the City Council approve
the original permit.
2. On March 28, 1994, 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 from the City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Councl approve the above described
permit revision with the conditions:
1. All construction shall follow the site plan, dated February 10, 1992. The City Council may
approve major changes after they hold a public hearing. The Director of Community
Development may approve minor changes.
2. The hours of public operation shall be from 11 a.m. to 6 p.m. Thursdays and Fridays and 10 a.m.
to 5 p.m. on Saturdays.
3. This collection site shall only be open for eight weekends in the spring-summer and eight
weekends in the summer-fall.
4. There shall be an emergency response coordinator on the site during all operating hours.
5. The operator shall remove the canopy on each Saturday night after a weekend operation.
6. The County shall mark the traffic lanes to the site from the intersection of Van Dyke Street and
Ripley Avenue.
7. Trained household hazardous waste technicians may combine gasoline and other flammable
liquids into a 55-gallon closed-head drum. The operator shall surround the drum with a
9-28-98 4
material that will absorb any spills. The operator shall place the drum on heavy plastic
sheeting. The plastic shall cover the absorbent material so that the plastic will act as a basin
to contain any spills. The operator shall surround the plastic with orange traffic cones. The
operator shall keep the drum at least twenty feet from any source of ignition, and ground the
drum. Waste containers from the public shall not be opened on the site, except to allow the
operator to inspect the contents inside. The site operator shall place waste containers in
leak-proof plastic tubs. The operator shall remove the containers from the tubs and pack the
containers in drums or plastic bins. The operator shall place the drums or bins into a truck
for transport. The Minnesota Department of Transportation must approve the truck to haul
hazardous waste. The operator shall remove the materials collected from the site at the end
of each day.
8. The operator or Countyy shall noti the fire department and the emergency preparedness director
when the site will be in opera ion.
9. The City Council shall not review this permit unless there is a problem.
10. This permit shall end on December 31, 2003. The City Council may change this condition if the
County requests an extension before December 31, 2003.
11. People may pick up latex paint and other waste materials approved by the Director of Community
Development.
H. PUBLIC HEARINGS:
1. 7:00 P.M.: (7:06 P.M. Gladstone Meadows Preliminary Plat (Ide Street/Donna Senty Drive)
- Land Use Ian Change (LBC to R-1 S) (4 votes)
-Zoning Map Change (LBC to R-1 S) ( votes)
- Street Right-of-Way Vacation
- Preliminary Plat
Mayor Rossbach convened the meeting for a public hearing regarding the
proposed development, Gladstone Meadows.
a. Manager McGuire introduced the staff report.
b. Melinda Coleman presented the specifics of the report.
c. Mayor Rossbach opened the public hearing, calling for proponents or opponents. The
following person was heard:
Mike Ackerman, Developer
d. Mayor Rossbach closed the public hearing.
Councilmember Koppen moved/introduced the following Resolution and moved its adoption:
98-09-95
RESOLUTION
LAND USE PLAN CHANGE FOR GLADSTONE MEADOWS
WHEREAS, Mike Ackerman proposed a change to the city's land use plan from LBC (limited
business commercial) to R-1 S (single dwellings -small lot).
WHEREAS, this change applies to Lots 20-27 and the north 15 feet of Lot 19, Block 11 and the
part of the alley accruing thereto in Gladstone Addition, (also known as Lots 1-5 of the proposed
Gladstone Meadows) in Section 15, Township 29, Range 22, Ramsey County, Minnesota.
WHEREAS, the history of this change is as follows:
9-za-9a s
1. On September 1, 1998, the planning commission held a public hearing. The city staff
published a hearing notice in the Maplewood Review and sent notices to the surrounding
property owners. The planning commission gave everyone at the hearing a chance to speak
and present written statements. The planning commission recommended that the City
Council not approve the plan amendment.
2. On September 28, 1998, the City Council discussed the proposed land use plan change.
They considered reports and recommendations from the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described
change for the following reasons:
1. It would be consistent with the goals and objectives of the comprehensive plan.
2. This area would eliminate the planned commercial area that would have been between two
residential areas.
3. It would be consistent with the proposed zoning and land uses.
Seconded by Councilmember Carlson Ayes -all
Councilmember Koppen moved/introduced the followin Resolution and moved its ado tion:
VACATION RESOLUTION FOR GLADSTONE MEADOWS
WHEREAS, Mr. Mike Ackerman applied for the vacation of the following described street right-of-way:
That part of the Curve Street right-of-way as originally platted and dedicated in GLADSTONE Addition,
Ramsey County, Minnesota, lying southerly of the westerly extension of the north line of Lot 25, Block 11, said
GLADSTONE and easterly of a line described as beginning at the intersection of the southeasterly right-of-way
line of Curve Street and the west line of the East Half of the 20-foot vacated alley per document number
1705888 as originally dedicated in said Block 11, thence northwesterly perpendicular with the northwesterly
right-of-way line of said Curve Street to said northwesterly right-of-way line and said line there ending in
Section 15, Township 29, Range 22 in Ramsey County.
WHEREAS, the history of this vacation is as follows:
1. On September 1, 1998, the planning commission recommended that the City Council approve this
vacation.
2. On September 28, 1998, the City Council held a public hearing. City staff published a notice in the
Maplewood Review and sent notices to the abutting property owners. The Councl 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 25, 26 and 27, Block 11, Gladstone Addition in Section 15, Township 29, Range 22, Ramsey
County
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described vacation
since it is in the public interest based on the following reasons:
1. The adjacent property has adequate street access.
2. This right-of-way is not needed for the public purpose of street construction.
3. Curve Street is too narrow for street construction.
This vacation is subject to the city keeping a utility easement over the north ten feet of the vacated right-of-
way.
Seconded by Councilmember Carlson Ayes -all
9-za-9a 6
Councilmember Koppen moved/introduced the following Resolution and moved its adoption:
98-09-97
RESOLUTION
ZONING MAP CHANGE FOR GLADSTONE MEADOWS
WHEREAS, Mike Ackerman proposed a change to the zoning map from LBC (limited business
commercial) to R-1 S (small lot single dwellings).
WHEREAS, this change applies to the undeveloped property on the west side of Ide Street, north
of Frost Avenue.
WHEREAS, the legal description is:
Lots 20-27 and the north 15 feet of Lot 19, Block 11 and the part of the alley accruin thereto
in Gladstone Addition, (also known as Lots 1-5 of the proposed Gladstone Meadows in
Section 15, Township 29, Range 22, Ramsey County, Minnesota.
WHEREAS, the history of this change is as follows:
1. On September 1, 1998, the planning commission recommended that the City Council not
approve this change.
2. On September 28, 1998, the City Council held a public hearing. The city staff published a
notice in the Maplewood Review and sent notices to the surrounding property owners. The
council gave everyone at the hearing an opportunity to speak and present written
statements. The council also considered reports and recommendations from the city staff
and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described
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 neighboringg
property or from the character of the neighborhood, and that the use of the property adjacent
o 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 to ical, efficient, and
economical extension of public services and faalities, such as public water, sewers, police
and fire protection and schools.
5. The owner plans to develop this part of the property for small lot single dwellings.
Seconded by Councilmember Allenspach Ayes -all
Councilmember Ko en moved to a rove the Gladstone Meadows relimina lat received b the
i y on ep em er a eve oper s a comp e e e o owing a ore e i y ounce
approves
~ie~ina p a
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 street identification signs.
9-za-9a ~
d. Provide all required and necessary easements.
e. Cap and seal any wells on site that the owners are not using.
2. Have the City Engineer approve final construction and engineering plans. These plans
shall include grading, utility, drainage, erosion control, tree, and street plans. The plans shall
meet the following conditions:
a. The erosion control plans shall be consistent with the City Code.
b. The grading plan shall:
(1) Include proposed building pad elevation and contour information for each
home site. The lot lines on this plan shall follow the approved preliminary plat.
(2) Include contour information for all the land that the construction will disturb.
(3) Show a berm lower in height than 6 feet tall (as proposed) and planting screen
of evergreen trees on the north side of Lot 5.
c. The street and utility plans shall show the:
(1) Water service to each lot, including Lot 5.
(2) Storm water drainage area and French drain (City Plate Number 315) on the
rear of Lots 1 and 2.
(3) Removal of the extra street pavement south of the middle of Lot 1 and
continue the existing curb to the south line of the plat.
3. 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 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.
c. Label the street as Ide Street on all plans.
4. Secure and provide all required easements for the development including any off-site
drainage and utility easements.
5. The developer shall complete all grading for public improvements and overall site
drainage. The City Engineer shall include in the develo er's agreement any grading that
the developer or contractor has not completed before foal plat approval.
6. Record a covenant with the final plat that requires the house and garage on Lot 1 to
have at least a 10-foot side yard setback from the south-side property line.
7. If necessary, obtain a permit from the Ramsey-Washington Metro Watershed District for
grading.
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.
Seconded by Mayor Rossbach Ayes -all
2. 7:20 P.M.: (7:30 P.M.) Sprint PCS Telecommunications Tower (1221 Frost Avenue)
9-za-9a a
-Conditional Use Permit
-Design Approval
Mayor Rossbach convened the meeting for a public hearing regarding a
Conditional Use Permit and Design Approval for telecommunications equipment.
a. Manager McGuire introduced the staff report.
b. Melinda Coleman presented the specifics of the report.
c. Boardmember Marv Erickson presented the Community Design Review Board report.
d. Mayor Rossbach opened the public hearing, calling for proponents or opponents. The
following persons were heard:
Mike Thompson, applicant representing Sprint PCS, 2900 Lone Oak
Parkway #140, Eagan
Mike Herronm, 1106 Ryan Avenue
Jean Kelcher, 1210 Ryan Avenue
Gary DeAndrew, Sprint PCS Antenna
e. Mayor Rossbach closed the public hearing.
Councilmember Kittridge moved/introduced the following Resolution and moved its adoption with an
80 foot company post:
98-09-98
RESOLUTION
CONDITIONAL USE PERMIT FOR SPRINT PCS ANTENNA AT 1221 FROST AVENUE
WHEREAS, Mr. David Haggen of Loucks and Associates, representing Sprint PCS, applied for a
conditional use permit to install a 80-foot-tall telecommunications antenna and related equipment.
City staff is recommending a CUP for installation of a 120-foot tower to allow for easy collocation.
WHEREAS, this permit applies to the property located at 1221 Frost Avenue. The legal
description is:
East 2 of the vacated Duluth Street accruing and following; except the east 8.57 feet, Lots 11
through 14 and Lots 16 through 19 also all of Lot 15 in Block 3, of the northwest 3 in Section 16,
Township 29, Range 22 in Ramsey County, Minnesota. (PIN 16-29-22-14-0090)
WHEREAS, the history of this conditional use permit is as follows:
1. On September 1, 1998, the planning commission recommended that the City Council
approve this permit.
2. The City Council held a public hearing on Se tember 28, 1998. City staff published a notice
in the paper and sent notices to the surroundpng property owners as required by law. The
councl gave everyone at the hearing a chance to speak and present written statements.
The council also considered reports and recommendations of the city staff and planning
commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described
conditional use permit, 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.
9-za-9a 9
4. The use would not involve any activity, process, materials, equipment or methods of
operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance
to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes,
water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical
interference or other nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not create
traffic congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets, police
and fire protection, drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or services.
8. The use would maximize the preservation of and incorporate the site's natural and scenic
features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction shall follow the site plan approved by the city. The director of community
development may approve minor changes.
2. The owner or applicant shall start the proposed construction within one year of council
approval or the permit shall end. The councl may extend this deadline for one year.
3. The City Council shall review this permit in one year.
4. The applicant or owner shall allow the collocation of other providers' telecommunications
equipment on the proposed tower with reasonable lease conditions.
5. Any antenna that is not used for a year shall be deemed abandoned and may be
required to be moved.
6. The applicant shall post a bond or other guarantee to ensure proper removal of antenna
and restoration of the site.
Seconded by Councilmember Koppen Ayes -all
3. 7:30 P.M.: (8:20 P.M.) Bond Enterprises (1420 County Road D)
Mayor Rossbach convened the meeting for a public hearing regarding Conditional Use Permit
for an auto service and repair shop.
a. Manager McGuire introduced the staff report.
b. Melinda Coleman presented the specifics of the report.
c. City Attorney Kelly explained the procedure for public hearings.
d. Mayor Rossbach opened the public hearing, calling for proponents or
opponents. The following person was heard:
Daniel Bondeson, 6333 Alderwood Circle
e. Mayor Rossbach closed the public hearing.
Councilmember Koppen moved/introduced the following Resolution and moved its adoption:
9-za-9a io
98-09-99
RESOLUTION
CONDITIONAL USE PERMIT FOR 1420 COUNTY ROAD B (AUTO SERVICE REPAIR)
WHEREAS, Daniel Bondeson, representing Bond Enterprises Inc., applied for a conditional use
permit to operate an automobile repair and service maintenance garage.
WHEREAS, this permit applies to Unit "C" of the property at 1420 County Road D.
The legal description is:
Tract A, Registered Land Survey No. 525, Ramsey County, MN (PIN 03-29-22-22-0013)
WHEREAS, the history of this conditional use permit is as follows:
1. On September 1, 1998, the planning commission recommended that the City Council approve
this permit.
2. On September 28, 1998, the City Council held a public hearing. The city staff published a notice
in the paper and sent notices to the surrounding property owners. The council gave everyone at
the hearing a chance to speak and present written statements. The council also considered
reports and recommendations of the city staff and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described
conditional use permit, 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, disturbingg or cause a nuisance to any person
or property, because of excessive noise, glare, smoke, dusf, odor, fumes, water or air pollution,
drainage, water run-off, vibration, general unsightliness, electrical interference or other
nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not create traffic
congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets, police and
fire protection, drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or services.
8. The use would maximize the preservation of and incorporate the site's natural and scenic
features into the development design.
9. The use would cause minimal adverse environmental effects.
10. There would not be a significant affect on the development of the parcel as zoned.
Approval is subject to the following conditions:
1. All construction shall follow the plans approved by the city. The director of community
development may approve minor changes.
2. The proposed auto service business must be started within one year of council approval or the
permit shall end. The council may extend this deadline for one year.
9-za-9a ii
3. The City Council shall review this permit in one year.
4. There shall be no outside storage of refuse or vehicle parts of any kind (including tires and
wheels) unless in a screening enclosure. The developer or contractor shall submit plans for
screening enclosures to staff for approval of placement and design. Any outside storage not in an
enclosure shall have City Councl approval.
5. The owner or operator shall not allow anyone to work on vehicles outside the building. All
employees shall do the vehicle repair and maintenance inside the building.
6. There shall not be any outside display or storage of materials, parts or equipment.
Seconded by Councilmember Carlson Ayes -all
4. 7:40 P.M.: (8:30 P.M.) Battle Creek Regional Park Aquatic Facility
(Battle Creek Regional Park -Upper Afton and McKnight Roads)
- Wetland Setback Variance
- Design Approval
Mayor Rossbach convened the meeting for a public hearing regarding a Wetland Setback Variance
and Design Approval.
a. Manager McGuire introduced the staff report.
b. Melinda Coleman presented the specifics of the report.
c. Boardmember Marv Erickson presented the Community Design Review Board report.
d. Mayor Rossbach opened the public hearing, calling for proponents or opponents.
The following persons were heard:
Greg Mack, Ramsey County Director of Parks and Recreation
Gene Kulzer, 152 Crestview Drive
Ron Schlangen, 130 Crestview Drive
Gary Scherburne, 137 N. Crestview Drive
Henery Kobembiczak, 140 Crestview Drive
Howard Freeman, 131 N. Crestview
e. Mayor Rossbach closed the public hearing
Councilmember Koppen moved/introduced the following Resolution and moved its adoption:
98-09-100
RESOLUTION
WETLAND BUFFER SETBACK VARIANCE RESOLUTION FOR BATTLE CREEK REGIONAL
PARK
WHEREAS, the Ramsey County Department of Parks and Recreation applied for a variance
from the zoning ordinance.
WHEREAS, this variance applies to Battle Creek Regional Park at the northeast corner of
McKnight Road and Upper Afton Road. The legal description is:
PART OF E YZ OF NW 1/4 SLY OF CL OF BATTLE CREEK; EX S 1150 FT OF E 700 FT THEREOF
(SUBJ TO RDS & ESMTS) IN SEC 1 TN 28 RN 22
9-za-9a iz
WHEREAS, Section 36-196(h) 3) of the wetland protection ordinance requires a 100-foot-
wide, no-disturb, wetland-protection buf er around Class 1 wetlands.
WHEREAS, the applicant is proposing a 20-foot-wide wetland buffer.
WHEREAS, this requires a variance of 80 feet.
WHEREAS, the history of this variance is as follows:
1. On September 8, 1998, the community design review board recommended that the City
Councl approve a variance allowing a 40 foot encroachment into the wetland buffer area.
2. The Cityy Council held a public hearing on September 28, 1998. City staff published a notice
in the Ma lewood Review and sent notices to the surrounding propperty owners as required
by law. The council gave everyone at the hearing an opportunity fo speak and present
written statements. The councl 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:
Approval is based on the following reasons:
1. The variance would be in keeping with the spirit and intent of the ordinance. There would
not be any negative impact on the wetland since the Ramsey-Washington Watershed
District can assure that proper wetland-protection measures are applied through their review
and permitting process.
2. Allowing an 80-foot wetland-buffer variance would keep the proposed aquatic facility 80 feet
further from the homes to the north.
3. The existing wetland buffer is already disturbed due to the encroachment of the picnic
grounds and lawn maintenance on the north side of the wetland.
Approval is subject to the applicant doing the following:
1. Submitting a grading, drainage and erosion-control pplan subject to the approval and
requirements of the City Engineer and the Ramsey-Washin ton Metro Watershed District.
No new or untreated drainage emanating from this site shall not be directed into the wetland.
2. Dedicating awetland-buffer easement for the width of the buffer adjacent to the aquatic
facility. This easement shall describe the boundary of the buffer and prohibit any building,
mowing, cutting, filling or dumping within the buffer. The applicant shall record the deed for
this easement before the aty will issue a building permit. (code requirement)
3. Installing wetland buffer signs that prohibit any building, mowing, cutting, filling or dumping
within the buffer.
Seconded by Councilmember Rossbach Ayes-Mayor Rossbach
Counalmember Carlson
Councilmember Kopppen
Nays-Councilmember Allenspach
Counalmember Kittridge
Mayor Rossbach moved/introduced design a~ ro~val approve the plans (stamped August 18 1998)
{or a ro ose a e ree c~F~e ion~~ark A uatic as i ase on a in~c'in s re uire~c
~f~
co e. a grope y owner, amsey oun y, s a o e o owing:
1. Repeat this review in two years if the city has not issued a building permit for this
project.
9-28-98 13
2. Provide the following before the city issues grading or building permits for the proposed
aquatic facility:
a. A detailed grading, drainage and erosion control plan, subject to the City Engineer's
approval. This plan shall provide at least 100 feet of undisturbed wetland-protection
buffer from the adJ~acent wetland. There shall not be any ground disturbance within this
100 foot buffer. The applicant shall move the placement of the proposed aquatic facility
to comply with this requirement.
If the City Council approves the wetland setback variance, this condition shall be
revised to state "provide at least 20 feet of undisturbed wetland-protection buffer".
b. A revised landscape plan for the overflow parking lot that shows the relocation of the
five boulevard trees to be removed for the new curb cut to the north side of the
proposed parking lot.
3. Complete the following before occupying the building:
a. Install a reflectorized stop sign at the exit from the proposed overflow parking lot at
Upper Afton Road.
b. Construct a trash dumpster enclosure for any outside trash containers for this facility.
(code requirement) The enclosures must by 100 percent opaque, match the color of the
building and have a closeable gate that extends to the ground.
c. Install all required landscaping. The aquatic facility landscaping shall be provided as
proposed on the plan date-stamped September 4, 1998 on file with the department of
community development.
4. If any required work is not done, the city may allow temporary occupancy if:
a. The city determines that the work is not essential to the public health, safety or welfare.
b. The city receives a cash escrow or an irrevocable letter of credit for the required work.
The amount shall be 200°k of the cost of the unfinished work.
c. The city receives an agreement that will allow the city to complete any unfinished work.
5. All work shall follow the approved plans. The director of community development may
approve minor changes.
6. Noise abatement measures. That the aquatic center stuff incorporate noise abatement
measures such as an non amplified speakers whenever possible.
Seconded by Councilmember Koppen Ayes-Mayor Rossbach
Counalmember Carlson
Councilmember Kopppen
Nays-Councilmember Allenspach
Counalmember Kittridge
I. AWARD OF BIDS
NONE
J. UNFINISHED BUSINESS
1. Revision to Site Plan -Plaza 3000 (3000 White Bear Avenue)
a. Manager McGuire introduced the staff report.
b. Melinda Coleman presented the specifics of the report.
c. Mayor Rossbach asked if anyone wished to speak before the Council regarding this
matter. The following person was heard:
9-28-98 14
Richard Schreier, 2125 Kenwood
Councilmember Carlson moved/introduced the following and moved its adoption:
A. Denied of plans date-stamped September 18, 1998 for the renovation of the Plaza 3000
shopping center parking lot, based on the following reasons:
1. The concrete medians were originally proposed and required for traffic control and site
beautification with the trees planted within them. They should be maintained rather than
removed.
2. The proposed striping pattern does not sufficiently show the proposed handicap parking and
handicap-parking loading aisles.
3. The proposed striping pattern does not show the location of the existing light poles in the
parking lot.
B. Approved the revised parking lot plan date-stamped September 18, 1998, staff recommends that
approval be subject to the applicant doing the following:
1. Provide afour-foot-diameter tree planters in end of each parking rows.
2. Omit the four planters inside the parking lot.
3. Meet ADA requirements for handicap parking.
4. Maintain the perennial flower beds along the White Bear Avenue frontage.
C. Approved the landscape plan date-stamped September 2, 1998 for foundation plantings along
the front of the Plaza 3000 shopping center building.
Seconded by Councilmember Allenspach Ayes -all
2. Proposed Purchase of Bruentrup Farm
a. Manager McGuire introduced the staff report.
b. Michael A. Ericson, Assistant to the City Manager presented the specifics of
the report.
Councilmember Koppen moved to table this item until a future meeting.
Seconded by Councilmember Kittridge Ayes -all
K. NEW BUSINESS
1. Ballot Referendum -Liquor License
a. Manager McGuire introduced the staff report.
b. Karen Guilfoile, City Clerk presented the specifics of the report.
Councilmember Carlson moved to a rove the referendum for the November 3 1998 General
Election and the followin s a e re uire wor in o e ace on e a o an eve o a u is
in orma ion p an.
9-za-9a is
"Shall the City Council be allowed to issue seven 'on-sale' licenses for the sale of intoxicating liquor at
retail in excess of the number now permitted by law?"
Seconded by Councilmember Koppen Ayes -all
L. VISITOR PRESENTATIONS
NONE
M. COUNCIL PRESENTATIONS
1. Committee Reports
2. Pawn Shop - St. Paul -Moratorium
3. Mailbox -Letters regarding Homeless Shelter
N. ADMINISTRATIVE PRESENTATIONS
NONE
O. ADJOURNMENT
Councilmember Carlson moved to adjourn at 10:08 P.M.
Seconded by Councilmember Allenspach Ayes -All
Karen Guilfoile, City Clerk
9-za-9a i6