HomeMy WebLinkAbout10-25-1999 MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, October 25, 1999
Council Chambers, Municipal Building
Meeting No. 99-24
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 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 99-23 (October 11. 1999) as presented.
Seconded by Councilmember Koppen Ayes -all
E. APPROVAL OF AGENDA:
Councilmember Carlson moved to approve the Agenda as submitted.
Seconded by Councilmember Koppen Ayes -all
F. APPOINTMENTS/PRESENTATIONS:
1. NSP Donation of Emergency Beacon Lights
a. Colette Urich and Sheri Rosenthall of NSP presented the city with a donation of Emergency Beacon
Lights.
Councilmember Carlson moved to accept the donation of the 100 emergency beacons from NSP and direct the
police chief and fire chief to distribute them to residents for free.
Seconded by Councilmember Kittridge Ayes -all
G. CONSENT AGENDA:
10-25-99 1
Councilmember Carlson moved to approve the Consent Agenda as presented.
Seconded by Koppen Ayes -all
1. Approval of Claims
ACCOUNTS
PAYABLE
$114,617.08 Checks #8097 thru #8110 dated 10-1 thru 10-7-99
$50,851.96 Checks #46176 thru #46269 dated 10-12-99
$153,153.08 Disbursements via debits to checking account
dated 10-1 thru 10-12-99
$170,383.50 Checks #8111 thru #8115 dated 10-8 thru 10-13-99
$89,686.96 Checks #46274 thru #46378 dated 10-19-99
$197,148.87 Disbursements via debits to checking account
dated 10-12 thru 10-18-99
$775,841.45 Total Accounts Payable
PAYROLL
$415,154.08 Payroll Checks and Direct Deposits dated 10-15-99
$23,507.49 Payroll Deduction check #74927 thru #74933 dated 10-15-99
$438,661.57 Total Payroll
$1,214,503.02 GRAND TOTAL
2. Ordinance to Set Planning Fees for 2000 -Second Reading
Approved the second reading of Ordinance No. 800, setting planning fees for 2000.
3. Change of Manager -Chili's Grill and Bar -Steve Shirvinski
Approved the intoxicating liquor license for Steve Ray Shirvinski at Chili's Grill and Bar.
4. Gambling License -Keller Lake Lounge- Babe Ruth St. Paul East Twins League
10-25-99 2
Adopted the following resolution.
99-10-99
RESOLUTION AUTHORIZING TEMPORARY LAWFUL GAMBLING
Babe Ruth St. Paul East Twins League at Keller Lake Lounge, 2555 Hazelwood Street
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for
temporary lawful gambling is approved for Babe Ruth St. Paul East Twins League to operate at Keller Lake
Lounge, 2555 Hazelwood Street, Maplewood, Minnesota.
FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application
for said permit as governed by Minnesota Statute §349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the
Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota
Statute §349.213 and the City allows the Board to issue a permit before 30 days.
NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood,
Minnesota, be forwarded to the Gambling Control Division for their approval.
5. Mall Area Market Study Consultant Selection
Directed staff to work with the consultant to complete the market research study and approved the transfer of
monies from the General Fund to Division 703-4480 to cover this expense. ]
6. Budget Changes for the Tri-District School Request
Approved that $9,500 for development of Open Space easement on the Tri-District School property be
reinstated in the Charitable Gambling Fund 2000 Budget and that the planned transfer from the Charitable
Gambling Fund to the Recreation Programs Fund for the July 4th Celebration be reduced by $9,500 in the
Charitable Gambling Fund 2000 Budget.
H. PUBLIC HEARINGS:
1. 7:00 P.M. Menard's Conditional Use Permit Review (2280 Maplewood Drive)
a. Mayor Rossbach convened the meeting for a public hearing.
b. Manager McGuire introduced the staff report.
a Community Development Director Coleman presented the specifics of the report.
d. Mayor Rossbach opened the public hearing, calling for proponents of opponents. The
following person(s) were heard:
10-25-99 3
Gary Colby, Menard's
Deb Forbes, 1071 County Road B
Peter Botick, 1115 County Road B
George Velento, 1081 County Road B
Gary Colby, 2nd appearance
e. Mayor Rossbach closed the public hearing.
Councilmember Carlson moved/introducedthe following Resolution approving a conditional use permit revision
fora 33,769-square-foot addition at 2280 Maplewood Drive and moved its adoption:
99-10-100
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, Menard's, Inc, is proposing changes to a conditional use permit to build a 33,769-square-foot
addition on the north side of the building at 2280 Maplewood Drive. The legal description is:
SUB TO ESMTS; PART OF FOL TRACTS SELY OF HWYS 36 & 61; EX S 100 FT PART OF SW 1/4 N OF
CO RD B & PART OF SE 1/4 W OF CLIFTON ADD S OF L 107 FT N OF S L OF BLK 15 OF SD ADD
EXTENDED & N OF HEINEMANS BELLEVIEW & IN CLIFTON ADD, EX E 240 FT; BLKS 15 & 16 &
EX E 255 FT BLK 10 & ALSO W 120 FT OF E 255 FT OF N 30 FT OF
BLK 10
WHEREAS, the history of this conditional use permit is as follows:
1. On June 21, 1999, the planning commission recommended that the city council approve this permit.
2. On July 12, 1999, 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.
3. On October 25, 1999, the city council held another public hearing regarding this proposal because
several neighbors were missed in the mailing of notifications for the July 12, 1999 public hearing.
The city staff published a notice in the paper and sent notices to all of the surrounding property
owners. The council gave everyone at the hearing a chance to speak and present written statements.
The council also considered reports and recommendations from the city staff and planning
commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional
use permit, because:
1. The use would be located, designed, maintained, constructed and operated to be in conformity with
the city's comprehensive plan and code of ordinances.
2. The use would not change the existing or planned character of the surrounding area.
10-25-99 4
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of operation that
would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or
property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution,
drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not create traffic
congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets, police and fire
protection, drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or services.
8. The use would maximize the preservation of and incorporate the site's natural and scenic features
into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. Adherence to the site plan date-stamped May 5, 1999. The director of community development may
approve minor changes.
2. Compliance with the following screening-fence requirements:
a. The property owner shall continue to have and keep, in a maintained condition, wooden screening-
fences as follows:
(1) The eight-foot-tall screening fence west of 1071 County Road B and running east-west
behind 1071, 1081 and part of 1101 County Road B shall remain. The applicant shall repair
or repair latch hardware and reenforce all gate bracing to square the gates to hang straight.
(2) All other screening fences that abut the residential lots shall be 14 feet tall. This means that
all existing 10-foot-tall screening fence shall be replaced with new 14-foot-tall sections.
(3) All screening fences shall be constructed of vertical boards of the same dimension, color
and material.
(4) All screening fences shall be continually maintained and repaired as needed.
b. No material on the storage racks, adjacentto the fence behind 1101 and 1115 County Road B, shall
extend above the 14-foot-tall fence.
c. No more than 2'/z feet of the 17'/z-foot-tall interior storage racks shall be visible from the homes to
the south that are at street level along County Road B. This excludes those houses that sit higher on
a hill.
10-25-99 5
d. Menard's shall be responsible for the safety of the neighbors in regard to the materials stored over
the height of the fence.
3. Hours of operation in the storage yard shall be limited to 7:00 a.m. to 10:00 p.m.
4. An exterior public address system shall not be allowed.
5. All lighting in the storage yard that is not needed for site security shall be turned off after business hours.
6. The city council shall review this permit in one year if the proposed retail-space addition has not begun.
7. Plowed snow shall be stored away from the southern and eastern property lines to avoid runoff problems
on residential property.
8. Menard's shall store all their materials within the fenced storage area.
9. Sanitation facilities shall be provided by Menard's for the employees.
10. The proposed building addition and site work 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.
11. This permit terminates the approval for the temporary, seasonal greenhouse.
12. The perimeter of the building must be kept accessible for fire emergencies. The applicant shall arrange with
the fire marshal for access through the gate behind the building in the case of emergencies.
The Maplewood City Council approved this resolution on October 25, 1999.
Seconded by Councilmember Koppen Ayes -all
Councilmember Carlson moved to ayyrove the ylans date-stamved Mav 5, 1999, and the yarkin~-lot curbing addendum
date-stamved Mav 14, 1999, for the 33,769-square-foot addition to Menard's, 2280 Maplewood Drive. Ayyroval is
subiect to the following conditions:
1. Repeat this review in two years if the city has not issued a building permit for this project.
2. Before getting a building permit, the applicant shall:
a. Submit grading, drainage, utility and erosion control plans to the city engineer for approval.
b. Revise the building elevations for staff approval to extend the front (westerly) elevation of the
proposed addition two feet to the west of the existing wall. The applicant shall use brick-imprinted,
precast concrete panels, as proposed, on all sides of the proposed addition. The color shall be
complementary to the brick color of the existing building. The applicant shall also revise the
window mullion spacing to align with the precast panel joints.
c. Revise the site and landscape plans for staff approval as follows:
(1) Provide enough handicap-accessible parking spaces to comply with ADA (Americans with
Disabilities Act) requirements.
10-25-99 6
(2) Increase the tree sizes to six-feet-tall for the spruce trees and 2'/z inches in caliper for the
deciduous trees.
(3) Delete the curb cut labeled as "existing access" leading into the proposed 149-car parking
lot. Parking stripes shall be added in the area of this curb cut.
d. Submit asite-lighting plan for staff approval for the new parking lot. The light source, including the
lens covering the bulb, shall be concealed so not to cause any nuisance to drivers or neighbors.
3. The applicant shall complete the following before occupying the building:
a. Close the existing curb cut north of the building with continuous concrete curbing, remove the
asphalt and landscape according to the approved plan. The proposed access driveway and curb cut
shall meet all requirements of the city engineer.
b. Menard's shall provide a gate and clear access to the sanitary sewer manhole on the site as part of
this request.
c. Provide continuous concrete curb and gutter all around the new parking lot west of the outside-
storageyard. The applicant shall also provide the curbed medians as shown on the addendum and
repave this entire area.
d. Paint new rooftop mechanical equipment to match the building color if the units are visible. (code
requirement)
e. The trash-dumpster screening requirement is waived unless the dumpsters would be visible to the
public. In which case, an enclosure shall be provided using the same materials and color as the
building.
f An in ground lawn-irrigation system shall not be required for the landscaped area in the southwest
corner of the site. The applicant shall install an in-ground lawn irrigation system for the landscaped
area north of the building.
g. Provide site-security lighting as required by the code. The light source, including the lens covering
the bulb, shall be concealed so not to cause any nuisance to drivers or neighbors.
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 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 if the
building is occupied in the spring or summer.
5. All work shall follow the approved plans. The director of community development may approve minor
changes.
6. Signs are not part of this approval. Staff will review sign permit requests.
Seconded by Councilmember Koppen Ayes -all
10-25-99 7
2. 7:15 P.M. Maplewood Mall Area Development Moratorium Ordinance (Second Reading)
a. Mayor Rossbach convened the meeting for a public hearing.
b. Manager McGuire introduced the staff report.
a Community Development Director Colemanpresentedthe specifics of the report.
d. Mayor Rossbach opened the public hearing, calling for proponents of opponents. The
following person(s) were/was heard:
Richard Schrier, 2125 Desoto Street
Bob Pounds, Keystone Holdings Group (for Birch Run Station)
George Suppan, 3050 Hazelwood Street
e. Mayor Rossbach closed the public hearing.
Councilmember Kittridge moved/introduced the following Ordinance and moved its adoption:
ORDINANCE NO. 799
AN ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE
HEALTH, SAFETY AND WELFARE OF CITY RESIDENTS AND DEVELOPING STANDARDS FOR
SEVERAL ISSUES INCLUDING, BUT NOT LIMITED TO, TRAFFIC, PARKING, LAND USE,
PEDESTRIAN SAFETY AND BUILDING AND SITE DESIGN.
The area under consideration includes land east of Highway 61, west of Southlawn Drive,
south of County Road D, and along Beam Avenue 500 feet to the south.
The Maplewood City Council ordains:
SECTION 1. PURPOSE
1.01 The City is currently conducting a White Bear Avenue planning study which includes a land use planning
component for the undeveloped land around Maplewood Mall.
1.02 The City is also in the process of hiring a consultant to conduct a market research study. The objective of
this study is to identify the types of retail space that the area can support, look at competitive retail
areas, delineate trade areas and look at sales potential. This information will help target the
appropriate amount and the proper mix of unique, cultural, civic and commercial land uses.
1.03 In addition to these studies, the comprehensive plan and zoning ordinances may need to be revised to study
such issues as:
-traffic and street planning
- parking
10-25-99 8
- pedestrian flow and safety
- lighting
- landscaping
- transit
- design standards for buildings
- parcelization or platting
1.04 There is a need for these studies to be conducted so that the City can adopt a comprehensive land use plan
and zoning and design standards for the development of this area of Maplewood.
SECTION 2. MARKETING, PLANNING AND ZONING STUDY; MORATORIUM
2.01 The planning, marketing and other studies are authorized by the City. City staff shall coordinate these
studies with the hired consultants, property owners, any interested citizenry and City Council.
2.02 Upon completion of these studies, they shall be presented to the Planning Commission for their review and
recommendation to the City Council.
2.03 A moratorium on development in this study area is adopted pending completion of these studies and the
adoption of any amendments to the City's zoning ordinance and comprehensive plan. The city will
not approve any plat, lot split or building permit for a
new building during the moratorium period. The city may issue building permits for the expansion or
remodel of existing structures.
SECTION 3. TERM
3.01 The term of this ordinance shall be for six months or until such time as the council adopts
amendments to the zoning ordinance, map or comprehensive plan relating to the
development area.
SECTION 4. VARIANCES
4.01 Variances from this ordinance maybe granted by the City Council based upon a determination
that a proposed subdivision or development would be compatible with existing or
proposed land use and zoning and that such proposals would be in keeping with the
spirit and intent of this ordinance. The procedures to be followed in applying for a
variance from this ordinance shall be in accordance with state law on findings for
variances and shall include the following:
a. The applicant shall file a completed application form, together with required exhibits to
the Community Development Department.
b. The application for a variance shall set forth special circumstances or conditions which
the applicant alleges to exist, and shall demonstrate that the proposed development is
compatible with existing or proposed land use and zoning.
a The application shall be submitted to the Planning Commission for their review and
comment.
10-25-99 9
d. The City Council may in its discretion set a public hearing prior to making a final
determination on the requested variance.
e. The City Council may impose such restrictions upon the proposed development or
subdivision as may be necessary to comply with the purpose and intent of this
ordinance.
SECTION 5. EFFECTIVE DATE
5.01 This ordinance shall take effect after the city publishes it in the official newspaper.
The Maplewood City Council approved this ordinance on October 25, 1999.
Seconded by Councilmember Koppen Ayes -all
I. AWARD OF BIDS
1. Robinhood Park -Phase One
a. Manager McGuire introduced the staff report.
b. Director of Parks and Recreation Anderson presented the specifics of the report.
Councilmember Carlson moved to award the bid to Arrigoni Brothers Company for the low bid of
$138.743 and approve the options as recommended by staff with the increase in funds to be
allocated from the P.A.C. fund.
Seconded by Councilmember Koppen Ayes -all
J. UNFINISHED BUSINESS
1. Deer Management Program
a. Manager McGuire introduced the staff report.
b. COS Coordinator Dirkswager presented the specifics of the report.
c. Mayor Rossbach opened the public hearing, calling for proponents of opponents.
The following person(s) were/was heard:
Bob Whiting, Metro Bow Hunters Resource Base
John Moriority, Ramsey County Parks
10-25-99 10
Mayor Rossbach moved to approve the archery shooting over bait portion of the Deer Management
program and directed staff to revise applicable city codes necessary to implement the deer
management program.
Seconded by Councilmember Carlson Ayes -all
2. Bruentrup Farm Financing
a. Manager McGuire introduced the staff report.
b. Assistant to the City Manager Ericson presented the specifics of the report.
Councilmember Kittridge moved to allow staff to proceed with its supervision of the Bruentrup
Farm Relocation Project and to work with the Maplewood Historical Society to keep the cites
financial contribution not to exceed $28.532.
Seconded by Councilmember Koppen Ayes -all
K. NEW BUSINESS
1. Oscarson Property
a. Manager McGuire introduced the staff report.
b. City Engineer Haider presented the specifics of the report.
Councilmember Koppen authorized staff toe work with the Oscarsons to execute the appropriate
documents to transfer title of the 20 feet of property to the Oscarsons with the provision that a 20
foot storm sewer easement be kept by the city on the subject parcel.
Seconded by Councilmember Carlson Ayes -all
2. Replacement of Lift Station 9 (95 Larpenteur Avenue East)
a. Manager McGuire introduced the staff report.
b. City Engineer Haider presented the specifics of the report.
Councilmember Carlson directed staff to have the consultant prepare plans and specifications for
this project and, further to make the appropriate budget adjustments establishing $642,000 as the
budget for this proiect to be funded by the sanitary sewer fund.
10-25-99 11
Seconded by Councilmember Koppen Ayes -all
3. Y2K Budget Items
a. Manager McGuire introduced the staff report.
b. Assistant to the City Manager Ericson presented the specifics of the report.
c. Director of Emergency Management Cude answered questions posed by the council.
Councilmember Kittridge approved the Y2K Budget and authorize up to $ 72,745 in expenditures
for those items that are essential upgrades and that are necessary in the event of an electrical power
ou~e. Total Y2K costs will be less if staffing is reduced or unnecessar dy
wring the New Year's
Eve weekend. Funds will only be drawn out of the contingency account on an as needed basis.
Seconded by Councilmember Carlson Ayes -all
Councilmember Kittridge moved to approve the $12.759 expenditure for phone system Y2K
upgrade.
Seconded by Councilmember Koppen Ayes -all
L. VISITOR PRESENTATIONS
M. COUNCIL PRESENTATIONS
1. Mayor's Mailbox
2. Councilmember Koppen reported on recent happenings at the Suburban Rate Authority.
N. ADMINISTRATIVE PRESENTATIONS
1. City Manager McGuire reported on the three referendums.
2. Councilmember Koppen moved to hold the meeting to canvass the election results on
Thursday, November 4, 1999 at 5:00 p.m. Seconded by Councilmember Allenspach Ayes -all.
O. ADJOURNMENT
Councilmember Koppen moved to adjourn the meeting at 9:08 P.M.
Seconded by Councilmember Allenspach Ayes -all
10-25-99 12
Kenneth Roberts, Acting City Clerk
10-25-99 13