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HomeMy WebLinkAbout02-28-2000MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, February 28, 2000 Council Chambers, Municipal Building Meeting No. 00-04 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 Cardinal. B. PLEDGE OF ALLEGIANCE: C. ROLL CALL: Robert Cardinal, Mayor Present Sherry Allenspach, Councilmember Present Kenneth V. Collins, Councilmember Present Marvin C. Koppen, Councilmember Present Julie A. Wasiluk, Councilmember Present D. APPROVAL OF MINUTES: Councilmember Allenspach moved to approve the minutes of CounciUManager Workshop (January 3, 2000) as presented. Seconded by Councilmember Koppen Ayes -Mayor Cardinal and Councilmembers Allenspach, Koppen and Wasiluk Abstain -Councilmember Collins Councilmember Allenspach moved to approve the minutes of CounciUManager Workshop (February 7, 2000) as presented. Seconded by Councilmember Koppen Ayes -all Councilmember Wasiluk moved to approve the minutes of Meeting No. 00-03 (February 14, 2000) as presented. Seconded by Councilmember Koppen Ayes -all E. APPROVAL OF AGENDA: Councilmember Koppen moved to approve the Agenda as amended. K3. Personal Service License -Premise and Individual Ml. Investigations M2. Open Meeting Law Seconded by Councilmember Allenspach Ayes -all F. APPOINTMENTS/PRESENTATIONS: None G. CONSENT AGENDA: Councilmember Koppen moved to approve the Consent Agenda as amended. Seconded by Councilmember Allenspach Ayes -all 1. Approval of Claims ACCOUNTSP AYABLE $36,161.13 Checks #8227 thru #8229 dated 2-4 thru 2-8-00 $166,240.84 Checks #48349 thru #48457 dated 2-15-00 $85,434.09 Disbursements via debits to checking account dated 2-8 thru 2-14-00 $756.65 Checks #8232 thru #8234 dated 2-11 thru 2-18-00 $244,336.30 Checks #48460 thru #48569 dated 2-22-00 $135,288.13 Disbursements via debits to checking account dated 2-15 thru 2-22-00 $668,217.14 Total Accounts Payable PAYROLL $312,601.45 Payroll Checks and Direct Deposits dated 2-18-00 $24,879.97 Payroll Deduction check #77209 thru #77214 dated 2-18-00 $337,481.42 Total Payroll 2 $1,005,698.56 GRAND TOTAL 2. Planning Commissions 1999 Annual Report Accepted the Planning Commissions 1999 Annual Report as presented 3. Donation to Police Department -John Schmelz -Countryside Volkswagen Approved the acceptance of the donation from Mr. Schmelz for the purpose of purchasing and upgrading Police Reserve equipment. 4. Temporary Gambling Resolution -East Metro Women~s Council Adopted the following Resolution: RESOLUTION 00-02-021 RESOLUTION AUTHORIZING TEMPORARY LAWFUL GAMBLING East Metro Women~s Council at Maplewood Mall, 3100 White Bear Avenue, Maplewood, MN BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for temporary lawful gambling is approved for East Metro Women~s Council, 3521 Century Avenue North, White Bear Lake, 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. Temporary Gambling Resolution -Neighbor to Neighbor Adopted the following Resolution: RESOLUTION 00-02-022 RESOLUTION AUTHORIZING TEMPORARY LAWFUL GAMBLING Neighbor to Neighbor at Maplewood Mall, 3100 White Bear Avenue, Maplewood, MN BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for temporary lawful gambling is approved for Neighbor to Neighbor, 3881 Highland Avenue, White Bear Lake, 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. H. PUBLIC HEARINGS: 1. 7:00 P.M. Bartelmy Acres Neighborhood Streets, Project 99-13 - 4 Votes a. Mayor Cardinal convened the meeting for a public hearing. b. Manager McGuire introduced the staff report. c. Public Works Director Haider presented the specifics of the report. d. City Attorney Kelly explained the procedure for public hearings. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person(s) were/was heard: Roland Vogel, 987 Bartlemy Lane Vernon Hogan, 1023 Bartlemy Lane Richard Andrea, 1014 Bartlemy Lane Gary Cooper, 1057 Sterling Street Steve Secret, 1011 Mary Street Robert Northhouse, 1055 Sterling Street Kathleen Peterson, 1085 Mary Street Tim Hagberg, 1017 North Mary Street Richard Andrea, 1014 Bartlemy Lane, Second Appearance f Mayor Cardinal closed the public hearing. Councilmember Koppen introduced the following Resolution, directing the city engineer to proceed with the final plans for Bartelmy Acres Neighborhood Street Improvements, Project 99-13, and moved its adoption: RESOLUTION 00-02-023 IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 14th day of February, 2000, fixed a date for a council hearing on the proposed construction of the Bartelmy Acres Neighborhood Streets (Bartelmy Lane, Mary Street, Sterling Street and Magnolia Avenue), City Project 99-13, 4 AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on February 28, 2000, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; 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 complete street improvements on the Bartelmy Acres Neighborhood Streets, City Project 99-13. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 28th day of February, 2000. 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 $578,000 shall be established. The proposed financing plans is as follows: Assessments $275,000 Sewer utility fund 37,700 General fund 265,300 Total $578,000 Seconded by Councilmember Wasiluk Ayes -all 2. 7:15 P.M. United States Post Office Annex Building (1686 Gervais Avenue) a. Mayor Cardinal 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. Commissioner Will Rossbach presented the Planning Commission report. e. Boardmember Tim Johnson presented the Community Design Review Board report. f Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Larry Bock, St. Paul Post Office Chip Lindeke, Rafferty, Rafferty Tollefson Architects g. Mayor Cardinal closed the public hearing. A. Land Use Plan Amendment (M1 - G) (4 Votes) Councilmember Koppen introduced the following Resolution, amending the comprehensive land use plan from M 1 (light manufacturing) to G (government facility) for the proposed North St. Paul Post Office Annex at 1686 Gervais Avenue, and moved its adoption: RESOLUTION 00-02-024 LAND USE PLAN CHANGE RESOLUTION WHEREAS, the United States Post Office North St. Paul applied for a change to the city's land use plan from M 1 (light manufacturing) to G (government facility) to bring the land use plan into conformance with their proposed use as a mail distribution facility. WHEREAS, this change applies to the property at 1686 Gervais Avenue. The legal description is: LOTS 1 TO 24 INCLUSIVE, BRIGHTON PARK, RAMSEY COUNTY, MINNESOTA, TOGETHER WITH THE VACATED ALLEY, AND VACATED NEWBURY STREET, ACCRUING THERETO BY REASON OF THE VACATION THEREOF, TOGETHER WITH LOT 6, BRONSONS SUBDIVISION, RAMSEY COUNTY, MINNESOTA, SUBJECT TO HIGHWAY. WHEREAS, the history of this change is as follows: On February 7, 2000, 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 approve the land use plan change. 2. On February 28, 2000, the city council discussed the 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 because the proposed post office annex would comply with the commercial and industrial development policies in the Maplewood Comprehensive Plan. The Maplewood City Council approved this resolution on February 28, 2000. Seconded by Councilmember Wasiluk Ayes -all B. Conditional Use Permit Councilmember Koppen introduced the following Resolution, approving a conditional use permit for the North St. Paul Post Office Annex at 1686 Gervais Avenue and moved its adoption. Approval is based on the findings required by the code and subject to the following conditions: 6 RESOLUTION 00-02-025 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, the United States Post Office North St. Paul applied for a conditional use permit to operate a mail distribution facility in an existing industrial/warehouse building. WHEREAS, this permit applies to the site located at 1686 Gervais Avenue. The legal description is: LOTS 1 TO 24 INCLUSIVE, BRIGHTON PARK, RAMSEY COUNTY, MINNESOTA, TOGETHER WITH THE VACATED ALLEY, AND VACATED NEWBURY STREET, ACCRUING THERETO BY REASON OF THE VACATION THEREOF, TOGETHER WITH LOT 6, BRONSONS SUBDIVISION, RAMSEY COUNTY, MINNESOTA, SUBJECT TO HIGHWAY. WHEREAS, the history of this conditional use permit is as follows: On February 7, 2000, the planning commission recommended that the city council approve this permit. 2. On February 28, 2000 the city council held a public hearing. City staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, because: The use would be located, designed, maintained, constructed and operated to be in conformity with the city comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area 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 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 sites natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. The city council shall review this permit in one year. 4. The applicant shall instruct all drivers to access and exit this site via White Bear Avenue to avoid the residential neighborhood to the west. Mail deliveries to that neighborhood are exempted from this. The applicant request to the Post Master that the new facility be named the Maplewood Post Office Annex. The Maplewood City Council approved this resolution on February 28, 2000. Seconded by Councilmember Wasiluk Ayes -all C. Design Approval Councilmember Koppen annroved the plans (date-stamped January 12. 2000) for the proposed North St. Paul Post Office Annex, based on the findings required by the code. The property owner shall do the following 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 provide a grading, drainage, utility and erosion control plan for the city engineers approval. Complete the following before occupying the building: a. Construct a trash dumpster enclosure for any outside trash containers. The enclosures must be 100 percent opaque, match the color of the building and have a closeable gate that extends to the ground. If the trash container is not visible to the public it does not have to be screened. (code requirement) b. Install all landscaping as shown on the approved plan. c. Screen any new roof-top mechanical equipment that would be visible from the homes along Gervais Avenue. All other new roof-top units that are visible from non residential areas must be painted to match the building. (code requirement) d. Provide handicap-accessible parking spaces as required by the ADA (Americans with Disabilities Act). 4. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Wasiluk Ayes -all 3. 7:30 P.M. Maplewood Retail Center (2305 White Bear Avenue) a. Mayor Cardinal 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. Commissioner Will Rossbach presented the Planning Commission report. e. Boardmember Tim Johnson presented the Community Design Review Board report. f Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Peter Hilger, Portfolio Design Services, representing Reliance Development g. Mayor Cardinal closed the public hearing. A. Parking Lot Setback Variance Councilmember Allenspach introduced the following Resolution, approving aten-foot parking lot setback variance for the proposed Maplewood Retail Site at 2305 White Bear Avenue and moved for its adoption: RESOLUTION 00-02-026 VARIANCE RESOLUTION WHEREAS, Reliance Development Company LLP applied for a parking lot setback variance from the zoning code. WHEREAS, this variance applies to property at 2305 White Bear Avenue. The legal description is: Parcel 1: Tract E, except the West 263 feet, as measured at right angles to the West line of said Tract E, and except that part of Tract E contained in the following described tract: Beginning at a point on the West line of said Tract E, distant 104.81 feet South of the Northwest corner thereof; thence South 00.00'00" East, assumed bearing, along said West line, 21.33 feet; thence South 84.23'47" East, 245.55 feet; thence South 80.58'04", 122.63 feet, to the right of way line of Trunk Highway No. 36 as now located and established; thence North 9 47• Z9'O1" West, along said right of way line, 102.02 feet; thence South 89.08'00" West, along said right of way line 290.31 feet to the point of beginning; in Registered Land Survey No. 258. Parcel 2: That part of the Northwest 1/4 of the Southwest 1/4 of Section 11, Township 29, Range 22, Ramsey County, Minnesota, described as: Commencing at a point 295.90 feet North of the South line of the Northwest 1/4 of the Southwest 1/4 of Section 11, Township 29, Range 22 and 289.28 feet East of the West line of said Northwest 1/4 of the Southwest 1/4 of said Section; thence North parallel with the West line of the said Northwest 1/4 of the Southwest 1/4 of said Section 261.71 feet; thence East parallel with the South line of the said Northwest 1/4 of the Southwest 1/4 of said Section 141.37 feet; thence South parallel with the West line of the said Northwest 1/4 of the Southwest 1/4 of said Section 107.61 feet; thence East parallel with the South line of the said Northwest 1/4 of the Southwest 1/4 of said Section 530.45 feet to the Westerly line of the White Bear Road; thence Southwesterly along the Westerly line of the White Bear Road to a point which is 295.90 feet North (measured at right angles) from the South line of the said Northwest 1/4 of the Southwest 1/4 of said Section; thence West parallel with the South line of the Northwest 1/4 of the Southwest 1/4 of said Section 510.60 feet to the place of beginning. EXCEPT that part thereof lying within the following described tract: Beginning at a point on the West line of Tract E, Registered Land Survey No. 258, distant 104.81 feet South of the Northwest corner of said Tract E; thence South 00.00'00" East, assumed bearing, along the West line of said Tract E, 21.33 feet; thence South 84.23'47" East, 245.55 feet; thence South 80.58'04", 122.63 feet, to the right of way line of Trunk Highway No. 36 as now located and established; thence North 47•?9'01" West along said right of way line, 102.02 feet; thence South 89.08'00" West along said right of way line, 290.31 feet to the point of beginning. WHEREAS, Section 36-28(c)(5)(a) of the zoning code requires a 15-foot parking lot setback from street right-of--way. WHEREAS, the applicant is proposing afive-foot parking lot setback WHEREAS, this requires a variance of 10 feet. WHEREAS, the history of this variance is as follows: On February 7, 2000 the planning commission recommended that the city council approve this variance. 2. On February 8, 2000 the community design review board recommended that the city council approve this variance. The city council held a public hearing on February 28, 2000. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing an opportunity to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described variance as recommended by the city staff that would allow aten-foot parking lot encroachment into the normally-required 15-foot setback area for the following reasons: The proposed five-foot-wide green strip would meet the spirit and intent of the ordinance in combination with the wide highway boulevard. The highway right-of--way ranges in width from 52 feet to 100 feet adjacent to the proposed north northeast lot line. With the proposed five feet of 10 setback, there would be 57 feet to 105 feet of green space to the shoulder of the highway off ramp. This is well over the typical green strip width between a parking lot and a street which is 25 to 30 feet (15 feet of setback and 10 to 15 feet of boulevard). 2. The parking lot setbacks proposed are substantially better than the existing ones. Currently the Bali Hai parking lot is at the lot line, and in areas, extends into the right-of- way. The applicants plan would improve this current situation. Complying with the code would cause the developer undue hardship because of circumstances unique to the property. The site is difficult to fit a development since it has three street frontages and has an irregular shape. The Maplewood City Council adopted this resolution on February 28, 2000. Seconded by Councilmember Koppen Ayes -all B. Conditional Use Permit Councilmember Allenspach introduced the following Resolution, approving a conditional use permit for a building in a M-1 (light manufacturing) district at 2305 White Bear Avenue to be closer than 350 feet to a residential district (the proposed building would be 200 feet from the nearest residential district) and moved for its adoption. The city bases the approval on the findings required by code and is subject to the following conditions: RESOLUTION 00-02-027 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Reliance Development Company LLP applied for a conditional use permit to construct a building closer than 350 feet to a residential zoning district. WHEREAS, this permit applies to property at 2305 White Bear Avenue. The legal description is: Parcel 1: Tract E, except the West 263 feet, as measured at right angles to the West line of said Tract E, and except that part of Tract E contained in the following described tract: Beginning at a point on the West line of said Tract E, distant 104.81 feet South of the Northwest corner thereof; thence South 00.00'00" East, assumed bearing, along said West line, 21.33 feet; thence South 84.23'47" East, 245.55 feet; thence South 80.58'04", 122.63 feet, to the right of way line of Trunk Highway No. 36 as now located and established; thence North 47• Z9'O1" West, along said right of way line, 102.02 feet; thence South 89.08'00" West, along said right of way line 290.31 feet to the point of beginning; in Registered Land Survey No. 258. Parcel 2: That part of the Northwest 1/4 of the Southwest 1/4 of Section 11, Township 29, Range 22, Ramsey County, Minnesota, described as: Commencing at a point 295.90 feet North of the South line of the Northwest 1/4 of the Southwest 1/4 of Section 11, Township 29, Range 22 and 289.28 feet East of the West line of said Northwest 1/4 of the Southwest 1/4 of said Section; thence North parallel with the West line of the said Northwest 1/4 of the Southwest 1/4 of said Section 261.71 feet; thence East parallel with the South line of the said Northwest 1/4 of the Southwest 1/4 of said Section 141.37 feet; thence South parallel with the West line of the said Northwest 1/4 of the Southwest 1/4 of said Section 107.61 feet; thence East parallel with the South line 11 of the said Northwest 1/4 of the Southwest 1/4 of said Section 530.45 feet to the Westerly line of the White Bear Road; thence Southwesterly along the Westerly line of the White Bear Road to a point which is 295.90 feet North (measured at right angles) from the South line of the said Northwest 1/4 of the Southwest 1/4 of said Section; thence West parallel with the South line of the Northwest 1/4 of the Southwest 1/4 of said Section 510.60 feet to the place of beginning. EXCEPT that part thereof lying within the following described tract: Beginning at a point on the West line of Tract E, Registered Land Survey No. 258, distant 104.81 feet South of the Northwest corner of said Tract E; thence South 00.00'00" East, assumed bearing, along the West line of said Tract E, 21.33 feet; thence South 84.23'47" East, 245.55 feet; thence South 80.58'04", 122.63 feet, to the right of way line of Trunk Highway No. 36 as now located and established; thence North 47•?9'01" West along said right of way line, 102.02 feet; thence South 89.08'00" West along said right of way line, 290.31 feet to the point of beginning. WHEREAS, the history of this conditional use permit is as follows: 1. On February 7, 2000, the planning commission recommended that the city council approve this permit. 2. On February 28, 2000, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit 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 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. 12 Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The applicant shall install the landscaping as shown on the plan approved by the community design review board at their meeting of February 22, 2000. The Maplewood City Council adopted this resolution on February 28, 2000. Seconded by Councilmember Koppen Ayes -all C. Design Approval Councilmember Allenspach moved to approve the plans date-stamped January 7, 2000, for the proposed Maplewood Retail Site at 2305 White Bear Avenue, based on the findings required by the code. Approval is subject to the applicant complying with the following conditions: 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 submit grading, drainage, utility and erosion control plans to the city engineer for approval. The applicant shall complete the following before occupying the building: a. Install ahandicap-parking sign for each handicap-parking space. b. Provide continuous concrete curb and gutter all around the parking lot and driveways. c. Paint the rooftop mechanical equipment to match the building color if the units are visible. (code requirement) d. Construct the trash dumpster enclosure using the same materials and color as the building. This enclosure shall have a 100 percent opaque gate. e. Install an in-ground lawn irrigation system for all landscaped areas except for the planted areas by the wetland behind the building. (code requirement) f 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 work is not essential to the public health, safety or welfare. 13 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. All work shall follow the approved plans. The director of community development may approve minor changes. 6. The three-color design of the awnings and tubular-steel detailing on the building shall be as shown on the plans and shall not change. 7. The landscape plan shall be subject to the following conditions: a. The applicant shall replace the four Ash Trees on the south side if they cannot be saved and replace the two relocated evergreens on the White Bear Avenue side if they do not survive. Tree sizes shall comply with the code. The applicant shall not remove any tree or plant growth on public right-of--way since these trees were shown as plantings on the approved landscape plan. b The applicant shall resod any disturbed right-of--way. a The applicant shall install an in-ground lawn irrigation system in all landscaped areas. 8. The sign plan criteria shall be as follows: a. Each tenant can have up to a 36-inch-tall wall sign on their store front on the main sign fascia area. Tenant signs on the tower shall not exceed 48 inches in height. b In addition to a 36-inch-tall sign on the front of the building Tenants in a corner space can have a 36-inch-tall sign on the side elevation. Side elevation signs can only be placed over doors, windows or towers of that tenants space. c. Wall signs are not required to be on raceways. d. Tenant identification signs are not allowed on the back of the building. e. The pylon sign near Highway 36 shall not exceed 36 feet in height as measured from the base of the sign. Seconded by Councilmember Koppen Ayes -all I. AWARD OF BIDS None J. UNFINISHED BUSINESS 14 1. Fire Station Design Approval a. Manager McGuire introduced the staff report. b. Assistant Fire Chief Lukin presented the specifics of the report. a Mayor Cardinal asked if anyone wished to speak before the Council regarding this matter. The following persons were heard: Sam Bontrager, S.E.H. Architecture Jon Kuenstling, Kraus-Anderson Construction Councilmember Koppen moved to approve the current design of fire station two. Gladstone Neighborhood, and authorized the city manager to provide a notice of approval to S.E.H. Seconded by Councilmember Collins Ayes -all 2. Personal Service -Hours of Operation -Code Change a. Manager McGuire introduced the staff report and presented the specifics of the report. Councilmember Collins moved to approve the Personal Service -City Code change as follows: City Code Section 24-133 Closing Hours: No premises licensed under this chapter shall be open between the hours of 10:00 p.m. and 7:00 a.m. of the following day. Operating hours are restricted from 12:00 noon to 5:00 p.m. on Sunday. Seconded by Councilmember Koppen Ayes -all K. NEW BUSINESS 1. Tilsen Neighborhood Streets, Project 99-05 a. Manager McGuire introduced the staff report and presented the specifics of the report. A. Approve Plans and Advertise for Bids Councilmember Allenspach introduced the following Resolution, approving plans and advertising for bids for Tilsen Neighborhood Streets, Project 99-05, and moved its adoption: RESOLUTION 00-02-028 APPROVING PLANS ADVERTISING FOR BIDS 15 WHEREAS, pursuant to resolution passed by the city council on January 10, 2000, plans and specifications for the Tilsen North Neighborhood Streets, City Project 99-05, 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, acopy 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 Construcrion Bullerin 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 am., on the 31st day of March, 2000, 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 April 10, 2000. Seconded by Councilmember Koppen Ayes -all B. Order Preparation of Assessment Roll Councilmember Allenspach introduced the following Resolution, orderingprenaration of assessment rolls for Tilsen Neighborhood Streets, Project 99-05, and moved its adoption: RESOLUTION 00-02-29 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the improvement of the Tilsen North Neighborhood Streets, City Project 99-05. 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. Seconded by Councilmember Koppen Ayes -all 2. All-Way Stop Sign, Conway Avenue at 14th Street 16 a. Manager McGuire introduced the staff report. b. Public Works Director Haider presented the specifics of the report. Councilmember Koppen moved to authorized the public works department to install all-way stop signs at Conway Avenue and 14th Street to coincide with the other pedestrian safety enhancements installed by 3M. Seconded by Councilmember Allenspach Ayes -all 3. Personal Service License -Business Premise and Individual Councilmember Koppen moved to approve a personal service business premise license for Specific Family Chiropractic and a personal service individual license for Victoria Hartle Seconded by Councilmember Allenspach Ayes -all L. VISITOR PRESENTATIONS None M. COUNCIL PRESENTATIONS Councilmember Collins requested that outside investigations be put on the CounciUManager Workshop for discussion, seconded by Mayor Cardinal. City Manager McGuire suggested that Councilmember Collins contact Chief Winger if he has questions. After discussion, Mayor Cardinal withdrew his second and directed staff to write a memo explaining the current procedure. 2. Councilmember Koppen requested information on the open meeting law. Attorney Steven Kelly explained the law. N. ADMINISTRATIVE PRESENTATIONS 1. Report on cable TV and microphones. O. ADJOURNMENT Mayor Cardinal moved to adjourn the meeting at 8:47 P. M. Seconded by Councilmember Koppen Ayes -all 17 Karen E. Guilfoile, City Clerk 18