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HomeMy WebLinkAbout10-08-2001MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, October 8, 2001 Council Chambers, Municipal Building Meeting No. 01-24 A. B. C. D. E. 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. PLEDGE OF ALLEGIANCE 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 APPROVAL OF MINUTES: Councilmember Koppen moved to approve the minutes of Meeting No. 01-22 (Member 24. 2001) as presented. Seconded by Councilmember Wasiluk Ayes -All APPROVAL OF AGENDA: Councilmember Wasiluk moved to approve the Agenda as amended: M1. Partnership M5. Candidates Forum M2. South Office M6. Bruce Vento M3. Internet M7. Cable Commission Update M4. Hazardous Waste Secon ded by Councilmember Koppen Ayes -All F. APPOINTMENTS/PRESENTATIONS: None G. CONSENT AGENDA: Councilmember KoPpen moved to approve the Consent Agenda items 2-6. Seconded by Councilmember Wasiluk Ayes-All Councilmember Allenspach moved to approve Consent Agenda item 1. Seconded by Councilmember Wasiluk Ayes-All 1. Approval of claims ACCOUNTS PAYABLE $1,158.00 Checks #55590 thru #55592 dated 10/1/O1 $293,962.06 Checks #55593 thru #55658 dated 10/5/01 $190,649.94 Disbursements via debits to checking account dated 10/1 thru 10/9/01 $87.00 Checks #55659 thru #55660 dated 10/11/O1 $158,972.77 Checks #55661 thru #55707 dated 10/16/01 $310,319.35 Disbursements via debits to checking account dated 10/10 thru 10/15/01 $955,149.12 Total Accounts Payable PAYROLL $342,606.15 Payroll Checks and Direct Deposits dated 10/12/01 $28,703.46 Payroll Deduction check #86062 thru #86068 dated 10/12/01 $371,309.61 Total Payroll $1,326,458.73 GRAND TOTAL 2. Donation of Folding Machine to the Historical Society Approved the donation of the City Hall folding machine to the Maplewood Historical Society. 3. Resolution Certifying Election Judges for the General Municipal Election Accepted the following resolution certifying Judges for the 2001 General Election: 2 RESOLUTION 01-10-98 RESOLUTION ACCEPTING ELECTION JUDGES RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for the 2001 General Election, being held on Tuesday, November 6, 2001: PRECINCT NO. 1 Audrey Duellman Joan Kolasa Marvella Lackner Louise Nieters Harriet Schroepfer Margaret Cokley Mae Davidson John Henry Richard Lambert William Little Carol Mahre RoseMarie Rossi Jackie Meyer Arthur Mollica Beverly Ogilvie Phyllis Pauly Larry Schaaf Evelyn Skluzacek PRECINCT NO. 2 Betty Granger Jacqueline Hayne Barbara Johnson Joseph Kolasa Rose Marie Manders James Nieman Jacque Phillippi Milo Thompson PRECINCT NO. 3 Jaime Belland Pat Blank Jean Dickson Kathy Dittle Jeff Janacek Rosemary Koch Pat Thompson Carmen Tomaszewski Gene Wandersee PRECINCT NO. 4 Geraldine Callahan Grace Domfeld Fred DuCharme Walter Hayde Barbara Leiter Joan Misgen David Pehl Lorraine Rosauer Mary Vante John Willy PRECINCT NO. 5 Anne Cardenas Diane Droeger Marge Dvorak Betty Eddy Shirly Evertz Thelma Ling Patricia Trumble Cecilia Tucker PRECINCT NO. 6 Joan Button PRECINCT NO. 7 Rita Lally Howard Muraski Mary Ann Schneider Don Schroepfer Bob Spangler PRECINCT NO. 8 Gerald Behm Jeanette Bunde John Eineke Bevery Gelao Shirley Horton Claire Markie Karyl Petersen Rita Taylor PRECINCT NO. 9 Elsie Anderson Bernice Del Monte Pat Hensley Katherine Mollers Lorraine Petschel Barbara Vandeveer PRECINCT NO. 10 Joan Cottrell Ann Fallon Betty Haas Mona Krekelberg Neva Norman D. Franklin Tolbert PRECINCT NO. 11 Lorraine Fischer Mary Fischer Rita Fredrickson Betty Mossong Louis Spies PRECINCT NO. 12 Lucille Cahanes Jennifer Hollerbach Margaret Kunde PRECINCT NO. 13 Donna Brown Anne Fosburgh Mark Gilstad Diane Golaske Anna Mae Hogan Thomas Maskrey Lorraine Taylor PRECINCT NO. 14 Shirley Luttrell Carol Berger Constance Hines Anita Larson Kenneth Sullivan PRECINCT NO. 15 Delores Fitzgerald Guy Grant Carol Hamre Lorraine Lauren Richard Lofgren Delores Marsch Elaine Rudeen Florence Sajevic Geraldine Trooien PRECINCT NO. 16 Joan Bartelt Merv Berger Carolyn Eickhoff Ronald Hamre Mildred Iversen Theresa Sullivan Gayle Wasmundt 4. Ramsey County Sheriff Department Explorer Post #2 -Fee Waiver Approved waiving the temporary food permit fee of forty-three dollars for the Scouts for the Annual Ramsey County Fright Farm. Open Space Grant Approved receiving the Minnesota Department of Natural Resources grant in the amount of $19,400 with the understanding that the city match will be for in-kind labor and services and also volunteer support, and establish a separate grant fund through the park development fund to monitor the city's expenditures. 6. Grant Reimbursement for Well Restoration Accepted the $6,000 grant from the Watershed District and the $3,000 grant from the state public health department and authorized the finance director to allocate $9,000 to the city open space fund for the sealing of the well on the Frost and English open space. H. PUBLIC HEARINGS: 7:00 P.M. Assessment Hearing -Bush Avenue Improvements, Project 01-04 a. Mayor Cardinal convened the meeting for a public hearing. b. City Manager Fursman introduced the staff report. c. City Engineer Ahl presented the specifics of the report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Jim Burk, 2310 Stillwater Road, Maplewood e. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution that approves the Adoption of the Assessment Roll for the Bush Avenue Improvements, Project O 1-04: RESOLUTION O1-10-94 ADOPTION OF THE ASSESSMENT ROLL WHEREAS, pursuant to proper notice duly given as required by law, the city council has met and heard and passed on all objections to the proposed assessment for the construction of Bush Avenue, from Stillwater Road to Bartelmy Lane, as described in the files of the city clerk as Project 01-04, and has amended such proposed assessment as it deems just, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, as amended, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or after the first Monday in January, 2002, and shall bear interest at the rate of 6.3 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2001. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. It is hereby declared to be the intention of the council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearing as provided for the assessments herein made, upon any properties abutting on the improvement but not made, upon any properties abutting on the improvement but not herein assessed for the improvement, when changed conditions relating to such properties make such assessment feasible. 4. It is hereby declared to be the intention of the council to reimburse itself in the future by means of imposing a Cash Collection Charge fee for utility services so constructed as to benefit and serve certain listed abutting private property future developmental needs but not herein assessed. PIN 25-29-22-33-0018 25-29-22-33-0011 PROPERTY ADDRESS Utility Group CCC Vacant lot owned and abutting 2338 Bush Avenue E. $3,050.00 2372 Bush Avenue E. $3,050.00 5. To the extent that this improvement benefits abutting and nonabutting properties which maybe served by the improvement when one or more later connections, extensions or improvements are made, but which are not herein assessed, therefore, it is hereby declared to be the intention of the council, as authorized by Minnesota Statutes Section 429.051, to reimburse the city by adding any portion of the cost so paid to the assessments levied for any of such later extension or improvements. 6. In the matter of a request for reduction of assessment by the owner of parcel: PIN PROPERTY ADDRESS 25-29-22-33-0020 2310 Stillwater Road E. This request has been duly considered and is herewith denied. 7. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Seconded by Councilmember Allenspach Ayes -All 2. 7:10 P.M. Salvation Army Expansion (2080 Woodlynn Avenue) A. Conditional Use Permit B. Design Approval a. Mayor Cardinal convened the meeting for a public hearing. b. City Manager Fursman introduced the staff report. c. Assistant City Manager Coleman presented the specifics of the report. d. Boardmember Linda Olson presented the Design Review Board report from the September 25, 2001 meeting. e. Commissioner Gary Pearson presented the Planning Commission report from the September 17, 2001 meeting. f Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following people were heard: Ken Nordby, NEI Architects, Maplewood Wendy Rosier, Salvation Army g. Mayor Cardinal closed the public hearing. Councilmember Wasiluk moved to approve the plans date-stamped August 24, 2001, for the construction of an addition to the Salvation Army Lakewood Temple located at 2080 Woodlynn Avenue, and adopt the following resolution that approves the Conditional Use Permit to expand the Salvation Army~s adult day care center at 2080 Woodlynn Avenue: RESOLUTION 01-10-95 CONDITIONAL USE PERMIT -SALVATION ARMY WHEREAS, the Salvation Army Lakewood Temple applied for a conditional use permit for the expansion of their church and adult day care center within residentially zoned property; WHEREAS, this permit applies to property located at 2080 Woodlynn Avenue. The legal description is: NW '/4 of the NE '/4 of the W 165 feet of the S 368 feet of Section 2, Township 29, Range 22, and also that part of NW '/4 of the NE '/4 of the W 527.26 feet of the E 263.63 feet of the S 320 feet lying south of Woodlynn and E of Ariel all in Section 2, Township 23, Range 22. (Property Identification Number: 02-29-22-12-0043) WHEREAS, the history of this conditional use permit is as follows: 1. On September 17, 2001, the planning commission recommended that the city council approve this permit. 2. On October 8, 2001, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-described conditional use permit based on the building and site plans. The city approved this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. Seconded by Councilmember Koppen Ayes -All 7:20 P. M. Sinclair Station Remodeling (2158 Rice Street) A. Conditional Use Permit (Motor Fuel Station) B. Conditional Use Permit (Canopy Enlargement) C. Design Approval a. Mayor Cardinal convened the meeting for a public hearing. b. City Manager Fursman introduced the staff report. c. Assistant City Manager Coleman presented the specifics of the report. d. Boardmember Olson presented the Community Design Review Board Report. e. Commissioner Pearson presented the Planning Commission report. f Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Larry Feldsien, Representing Sinclair Oil, Maplewood g. Mayor Cardinal closed the public hearing. Councilmember Wasiluk moved to approve the following resolution approving a Conditional Use Permit to operate amotorfuel station withinthe business commercial. BC, zoning district and to reconstruct a canoRy with an existing nonconforming setbackfor the S inclair fuel station located at 2158 Rice Street: RESOLUTION 01-10-96 CONDITIONAL USE PERMIT - SINCLAIR STATION WHEREAS, Sinclair Oil Corporation applied for conditional use permits to include the operation of a motor fuel station within the BC, Business Commercial zoning district, and to reconstruct a canopy with an existing nonconforming setback; WHEREAS, this permit applies to property located at 2158 Rice Street. The legal description is: The North One Hundred Sixty feet (160') of Tract "A," Registered Land Survey Number 10 on file in the office of the Registrar of Titles within and for said County, and the South One-Half of County Road B extended and the East One-Half of Rice Street extended, adjoining the above described portion of Tract "A," Registered Land Survey Number 10, on file in the office of the Registrar of Titles. WHEREAS, the history of this conditional use permit is as follows: 1. On September 17, 2001, the planning commission recommended that the city council approve this permit. 2. On October 8, 2001, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described conditional use permit based on the building and site plans. The city approved this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 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. The fuel station's hours of operation, including pay-at-the-pump fueling, is limited to 6 a.m. to 11 p.m. 2. The applicant shall comply with all requirements of the Minnesota Pollution Control Agency regarding fuel tanks, fuel spillage, monitoring wells, any contaminated soil, etc. 3. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 4. 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. 5. The city council shall review this permit in one year. Approve the plans date-stamped August 21, 2001, for the construction of a new canopy and fuel islands for the Sinclair fuel station at 2158 Rice Street. The owner shall do the following: a. Repeat this review in two years if the city has not issued a building permit for this project. b. Submit the following for staff approval before the city issues a building permit: (1) A revised site plan showing: (a) Removal of the most-northerly driveway on Rice Street and the replacement of all required curb and gutter along Rice Street and parking area. (b) At least four parking stalls, of which one must be handicap accessible. The handicap accessible stall must meet the Americans with Disability Act (ADA) requirements. (c) The most-southerly driveway on Rice Street shall be widened to 36 feet. The driveway will have an entrance lane, alert-turn exit lane, and aright- turn exit lane. These lanes shall be marked with painted arrows on the pavement depicting the turning movement. (2) A landscape plan showing: (a) A landscaped area in front to include low maintenance perennial plants and shrubs. In addition to city staff approval, the Ramsey County Public Works Department must also approve any landscaping installed within the right-of--way. (b) Perennial plants and shrubs around the base of the two freestanding signs and on the southwest corner of the lot (location of Dino the Dinosaur). (c) In-ground sprinkler for all landscaped areas. If the installation of a sprinkler system is not feasible because of existing pavement, the applicant must submit written agreement to hand water all landscaping. (d) All planting beds must be edged and mulched. (3) Revised canopy elevations showing that the lights beneath the canopy are flush mount. The lenses of the lights must not drop below the opaque portions of each lighting fixture. (4) A photometric plan showing that the site lighting does not exceed 0.4 foot candles at the west property line. (5) Plans for a trash enclosure gate that is 100 percent opaque and extends to the ground. The gate shall be compatible with the existing 6-foot-high wood fence. (6) Plans for the screening of the mechanical equipment located on the west side of the building. c. Complete the following before occupying the building: (1) Restore and sod damaged boulevards. (2) Install stop signs at both exits and ahandicap-parking sign for the handicap- parking space. 10 (3) Repaint the sign pole on the freestanding sign located on the northeast corner of the site. (4) Install the approved trash enclosure gate. d. If any required work is not done, the city may allow temporary occupancy if: (1) The city determines that the work is not essential to the public health, safety or welfare. (2) The city receives cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150 percent of the cost of the unfinished work. Any unfinished landscaping shall be completed by June 1, 2002. (3) The city receives an agreement that will allow the city to complete any unfinished work. e. This approval does not include the signs. All proposed signs require a separate sign permit and must comply with the city's sign ordinance. f All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Koppen Ayes -All 4. 7:30 P.M. Maplewood Toyota Expansion (2783 and 2889 Maplewood Drive) A. Conditional Use Permit Revision B. Conditional Use Permit (Motor Vehicle Storage) C. Design Approval D. Design Approval a. Mayor Cardinal convened the meeting for a public hearing. b. City Manager Fursman introduced the staff report. c. Assistant City Manager Coleman presented the specifics of the report. d. Boardmember Olson presented the Community Design Review Report. e. Commissioner Pearson presented the Planning Commission Report. f Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following people were heard: Steve McDaniels, Owner, 2873 Highway 61, Maplewood Frank Lockman, 1131 Lydia, Maplewood 11 g. Mayor Cardinal closed the public hearing. Councilmember Collins moved to adopt the following resolutions that approve a Conditional Use Permit to expand a nonconforming use and for revisions to Maplewood Toyota at 2873 Highway 61, to adopt the following resolution that approves a Conditional Use Permit for motor vehicle sales and display lot on the northwest corner of Beam Avenue and Highway 61, and to approve the plans (stamped August 22, 2001 and September 28, 2001) for three building additions to Maplewood Toyota. RESOLUTION 01-10-97 CONDITIONAL USE PERMIT - MAPLEWOOD TOYOTA WHEREAS, Steve McDaniels, of Maplewood Toyota, applied for a conditional use permit to add onto an automobile showroom. WHEREAS, Section 36-566(c)(1)(e) of the city code allows a maximum impervious surface area of 40% for this property. WHEREAS, this permit allows increasing the impervious surface area of the site from 69.2% to 69.5%, making the impervious surface area on the site 29.5% over that allowed by the code. WHEREAS, this permit applies to the property at 2873 Highway 61. The legal description is: Subject to widened STH 61/1, Lot 101 Gardena Addition to Ramsey County, MN. (PIN 04-29- 22-41-0006) WHEREAS, the history of this conditional use permit is as follows: 1. On September 17, 2001, the planning commission recommended that the city council approve this permit. 2. On October 8, 2001, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water 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 12 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 proposed construction must be substantially started within one year of city council approval or the permit shall end. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. Beam Avenue shall not be used for loading or unloading. WHEREAS, Steve McDaniels, of Maplewood Toyota, applied for a conditional use permit to construct a new vehicle sales/display lot for his dealership on the northwest corner of Highway 61 and Beam Avenue. WHEREAS, Section 36-151(b)(4) of the city code requires a conditional use permit for the storage of motor vehicles in this location. WHEREAS, this permit applies to the property at 2889 Highway 61. The legal description is: Subject to road and highway, part westerly of centerline of said highway of South 253 feet of the east 608.4 feet of the NE '/a of Section 4, Township 29, Range 22 (PIN 04-29-22-14- 0003) WHEREAS, the history of this conditional use permit is as follows: 1. On September 17, 2001, the planning commission recommended that the city council approve this permit. 2. On October 8, 2001, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, 13 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. 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 city council approval or the permit shall end. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The location of the proposed building on this site is not approved. If the applicant wants to construct this building, it must be at least 350 feet from the residential property line and the plans must be approved by the city. This permit is subject to the property owner combining the two parcels for tax and identification purposes. The applicant shall record the paper work for this combination before the city issues any permits for construction for this project. C. Approve the plans (stamped August 22, 2001) for three building additions to Maplewood Toyota This approval is based on the findings required by the city code. The approval shall be subject to the applicant or owner meeting the following conditions: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Before the city issues a building permit, the applicant shall: a. Provide a plan for city staff approval for any roof-mounted equipment that maybe added on top of the proposed additions. (code requirement) b. Provide a lighting plan for city staff approval for any additional exterior security lighting that maybe needed. c. Submit the following for staff approval before the city issues a building permit: (1) Final site, parking lot, grading, drainage, utility and erosion control plans. These plans shall meet the requirements of the city code and the city engineer. These shall include: (a) Showing all drive aisles at 24 feet in width. (b) Having handicap-parking spaces that meet the requirements of the ADA (Americans with Disabilities Act). (c) All customer and employee parking areas meeting city code standards. (d) Showing any additional landscape or turf areas on the site. (e) Stripe the crosswalk on Beam Avenue that connects the sidewalks to the two parking areas. 14 3. Complete the following before occupying the additions: a. Restore and sod damaged boulevards. b. Paint all rooftop mechanical equipment to match the uppermost part of the building. The owner or contractor shall screen any new roof-mounted equipment that is visible to residential property. (code requirement) c. Stripe any new customer and visitor parking spaces at a width of 9 2 feet and the employee vehicle parking spaces at a width of nine feet. d. Install fire protection and alarm systems as required by the fire marshal. 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 cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150 percent of the cost of the unfinished work. Any unfinished landscaping shall be completed by June 1 if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. a The city receives an agreement that will allow the city to complete any unfinished work. All work shall follow the approved plans. The director of community development may approve minor changes. 6. This approval does not include signs. The applicant must get any additional signs approved by city staff. D. Approve the plans (stamped September 28, 2001) for a motor vehicle sales and display lot on the northwest corner of Beam Avenue and Highway 61. This approval shall be subject to the findings required by the code and is subject to the following conditions: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. The applicant shall get a demolition permit from the city for the house at 2889 Highway 61. 3. The applicant's engineer shall provide the city engineer with the drainage calculations and design criteria for the proposed NURP pond. 4. Before the city issues a grading permit, the applicant shall: a. Combine the two parcels for tax and identification purposes. The applicant shall record the paper work for this combination before the city approves the permits for this project. b. Revise the plans for staff approval as follows: (1) For the parking lot, show: (a) Details about the proposed fence and gate including the location, design and materials. The fire marshal must approve any gate or system that restricts access to the site. (b) All drive aisles at 24 feet in width, a striped pedestrian walkway and all customer and employee parking areas meeting city code standards. The city will not regulate the width of parking spaces for the vehicle sales lot. However, the city will require striped spaces for the neat and orderly parking and storage of 15 vehicles. c. Submit aphotometric-lighting plan that meets the standards of the city lighting code for staff approval. This plan shall show: (1) The light spread and fixture design. The lens covering the bulb shall be concealed or aimed so not to cause a nuisance to drivers or to neighbors. (2) That the site lights will not exceed 25 feet in height. d. Make changes to the landscape plan for staff approval including: (1) Showing an in-ground irrigation system for all landscape areas. This shall include the landscape areas around all sides of the parking lot and for the boulevards along Beam Avenue and Highway 61. (2) Adding several trees, shrubbery and other landscaping in the pond area above the 864 contour. (3) Using Mn/DOT 25A or a similar native seed mix with wet Forbes in the NURP pond area. Do not use napweed and Canadian Thistle in the seed mix. (4) Showing that the screening on the west side of the proposed NURP pond will be at least six feet tall and at least 80 percent opaque. (5) Showing the removal of the area of the existing driveway and curb cut for the house at 1241 Beam Avenue and the restoration with turf and landscaping. (6) Eliminating the Colorado blue spruce trees and replace them with Black Hills spruce trees. e. Get a building permit for the proposed retaining wall if any part of the wall is more than four feet tall. 5. 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 150% of the cost of the unfinished work. a The city receives an agreement that will allow the city to complete any unfinished work. 6. The future proposed building shown in the parking lot is not approved. If the applicant chooses to construct this building, they must submit the plans to the city for approval. 7. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Koppen Ayes -All I. AWARD OF BIDS Bush Avenue Improvements, Project 01-04/Ripley Avenue, White Bear Avenue to Van Dyke Street, Project 99-12 a. City Manager Fursman introduced the staff report. 16 b. City Engineer Ahl presented the specifics of the report. Councilmember Koppen moved to accept the following resolution that awards the bid for City Project 99-12 to Palada and Sons, Inc. in the amount of $373,775.95: RESOLUTION 01-10-99 RESOLUTION FOR AWARD OF BIDS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Palda & Sons, Inc. in the amount of $373,775.95 is the lowest responsible bid for the construction of the Bush Avenue Improvements, City Project 01-04 and the Ripley Avenue Improvements, City Project 99-12, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. Proposed financing: BUSH AVENUE IMPROVEMENTS, CITY PROJECT 01-04 Street Assessments $ 92,000 Storm Water Assessments $ 3,600 Water Service Assessments $ 1,225 Sanitary Sewer Assessments $ 1,825 Sewer Utility Fund $ 9,836 SPRWS Obligation $ - City Tax Levy $ 216.514 Total $ 325,000 RIPLEY AVENUE IMPROVEMENTS, CITY PROJECT 99-12 Ramsey County Obligation $ 170,000 City Tax Levy $ 0 Total $ 170,000 Seconded by Councilmember Collins Ayes -All J. UNFINISHED BUSINESS None K. NEW BUSINESS Hillcrest Study Area Moratorium (First Reading) a. City Manager Fursman introduced the staff report. 17 b. Assistant City Manager Coleman presented the specifics of the report. Mayor Cardinal moved to adopt the following ordinance that establishes aone-,(October 8, 2001) moratorium on development within the Hillcrest Village Redevelopment Area: ORDINANCE # 816 AN ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND DEVELOPING BUILDING AND DESIGN STANDARDS FOR THE HILLCREST VILLAGE REDEVELOPMENT AREA The area under consideration (hereinafter "Hillcrest Village Redevelopment Area") includes land north of Larpenteur Avenue, east of White Bear Avenue, south of Ripley Avenue, and west of Hazel Street; also including properties on the west side of White Bear Avenue located north of Larpenteur Avenue and south of Frost Avenue (refer to Hillcrest Village Redevelopment Area map attached for exact location). The Maplewood City Council ordains: SECTION 1. PURPOSE 1.01 The City of Maplewood, in cooperation with the Metropolitan Council and the City of St. Paul, are currently conducting a smart growth initiative study that includes land use planning components for the Hillcrest Village Redevelopment Area. 1.02 The objective of the study is to design a land use concept for the Hillcrest Village Redevelopment Area. This information will help create a livable neighborhood where homes, jobs, and services are linked by walkable streets. 1.03 In addition to the study, the city's zoning ordinance, zoning map, and comprehensive plan may need to be revised to reflect the following issues: Land use Building setbacks Building height Design standards for buildings Pedestrian flow and safety Parking Streetscaping Signage Lighting Landscaping Housing density 1.04 There is a need for these studies to be conducted so that the city can adopt changes to the city's zoning ordinance, zoning map, comprehensive plan, and design standards for the development of the Hillcrest Village Redevelopment Area. SECTION 2. REDEVELOPMENT STUDY; MORATORIUM 2.01 The study is authorized by the city. City staff shall coordinate this study with the Metropolitan 18 Council, City of St. Paul, White Bear Avenue Business Association, hired consultants, property owners, interested citizens, and the city council. 2.02 Upon completion of the study, it shall be presented to the planning commission and community design review board commission for their review and recommendation to the city council. 2.03 A moratorium on development in the Hillcrest Village Redevelopment Area is adopted pending completion of the study and/or the adoption of any amendments to the city's zoning ordinance, zoning map, or comprehensive plan as deemed necessary as a result of the study. The city will not approve any subdivision or building permit for a new building during the moratorium period. The city may issue building permits for the expansion or remodeling of existing structures. SECTION 3. TERM 3.01 The term of ordinance shall be for one year or until such time as the city council adopts amendments to the city's zoning ordinance, zoning map, or comprehensive plan as deemed necessary as a result of the study. 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 proposed land use and zoning, and that such proposals would keep 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 subdivision or 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 recommendation to the city council. 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 subdivision or development as maybe necessary to comply with the purpose and intent of this ordinance. Seconded by Councilmember Collins Ayes -All 2. Approve Private Driveway Agreements - Tilsen South Neighborhood Streets, Project 00-04 & Gladstone West Neighborhood Streets, Project 00-05 a. City Manager Fursman introduced the staff report. 19 b. City Engineer Ahl presented the specifics of the report. Councilmember Collins moved to hold a public assessment hearing on November 13th. 2001. Seconded by Councilmember Allenspach Ayes -All 3. Expenditure of 2001 LLEBG Grant Funds a. City Manager Fursman introduced the staff report. b. Chief Winger presented the specifics of the report. Councilmember Collins moved to authorize the cash match of $1,864 required to receive the federal funds, expend 2001 LLEBG grant funds as proposed, and provide, with due public notice, an opportunity to receive public comment concerning the proposed expenditure of these funds during or subsequent to its next regularly scheduled public meeting. Seconded by Councilmember Koppen Ayes -All 4. Gladstone Park Development a. City Manager Fursman introduced the staff report. b. Parks and Recreation Director Anderson presented the specifics of the report. No motion needed. 5. Joy Park Buckthorn RemovaUContingency Funds a. City Manger Fursman introduced the staff report. b. Parks and Recreation Director Anderson presented the specifics of the report. Councilmember Wasiluk moved to authorize the request for contingency funds transfer. Seconded by Councilmember Koppen Ayes -All L. VISITOR PRESENTATIONS 1. Kathy Juenemann -Reminded Maplewood residents of the Candidate's Forum sponsored by the League of Women Voters on Thursday, October 11, 2001. 2. Frank Lockman -Had questions regarding a lighting ordinance for businesses. 3. Larry Cude, Emergency Management -Provided an update on emergency preparedness in light of the recent terrorist attacks. M. COUNCIL PRESENTATIONS 20 1. Partnership -Councilmember Wasiluk commented that the month of October is Domestic Violence Month. 2. South Office -Councilmember Koppen would like to keep the South Office by relocating it into an existing office inside of the Fire station. 3. Candidate Information on the Internet -Mayor Cardinal stated a request was made from a citizen to have more information about the candidates on the Internet. 4. Hazardous Waste -Residents may take Hazardous Household waste to the Washington County site. 5. Candidates Forum - A forum for candidates will be held on Thursday, October 11, 7:00 p.m. in the council chambers. 6. Bruce Vento Trail - A dedication for the Bruce Vento Trail will be held on Tuesday, October 16th, at 1:00 p.m. 7. Cable Commission -Councilmember Koppen updated the council on the progress of the Cable Commission. N. ADMINISTRATIVE PRESENTATIONS None O. ADJOURNMENT Councilmember Collins moved to adjourn the meeting at 9:23 P.M. Seconded by Councilmember Allenspach Ayes -All 21