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HomeMy WebLinkAbout01-26-2004MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., January 26, 2004 Council Chambers, Municipal Building Meeting No. 04-02 A. B. C. D. E. CALL TO ORDER: A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and was called to order at 7:00 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE Mayor Cardinal recognized the following individuals who are actively serving our country and asked everyone to please keep them in their prayers: • William Cockriel, 943 Century Avenue North, active duty in Baghdad • Will Riser Jr., 2205 Hazelwood Street, Sergeant in the Army Reserve ROLL CALL Robert Cardinal, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present Jackie Monahan-Junek, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF MINUTES 1. Minutes from City Council Meeting, January 12, 2004 Councilmember Juenemann moved to approve the City Council Minutes of January 12. 2004 as amended. Seconded by Councilmember Monahan-Junek Ayes-All APPROVAL OF AGENDA M1. Mayor's Forum M2. North High School M3. RCLLG Legislative Night M4. Rush Line Corridor M5. 800 MHz N2. NRI Committee (Met Council) Councilmember Rossbach moved to approve the agenda as amended. Seconded by Councilmember Juenemann Ayes-All City Counci101-26-04 F. APPOINTMENTS/PRESENTATIONS None G. CONSENT AGENDA 1. Approval of Claims ACCOUNTS PAYABLE: $ 128,793.48 Checks # 62843 thru #62848 dated 1/05/04 thru 1/07/04 $ 150,482.20 Checks # 62849 thru 62916 dated 1/13/04 $ 2,278,943.76 Disbursements via debits to checking account dated 1/02/04 thru 1/08/04 $ - Checks # dated $ 175,122.63 Checks #62917 thru #62974 dated 1/20/04 $ 129,536.12 Disbursements via debits to checking account dated 01/09/04 thru 01/15/04 $ 2,862,878.19 Total Accounts Payable $ 560,871.49 Payroll Checks and Direct Deposits dated 01/16/04 $ 3,790.99 Payroll Deduction check #96324 thru # 96326 dated 01/16/04 $ 564,662.48 Total Payroll $ 3,427,540.67 GRAND TOTAL City Counci101-26-04 2 2. Billing Agreement with St. Paul Regional Water Services Approved an agreement for the billing of the new environmental utility charge by the St. Paul Regional Water Services. 3. Transfers from Tax Increment Funds Authorized the appropriate 2003 budget adjustments and 2003 transfers totaling $234,000 form the Tax Increment Funds to the Debt Service Fund. 4. Disposal of Old Financial Records Adopted the following resolution to destroy financial records that have passed their legally required retention period: RESOLUTION04-O1-009 WHEREAS, M.S.A. 138.17 governs the destruction of city records; and WHEREAS, a list of records has been presented to the Council with a request in writing that destruction be approved by the Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA; That the Finance Director is hereby directed to apply to the Minnesota State Historical Society for an order authorizing destruction of the records as described in the attached list. 2. That upon approval by the State of the attached application, the Finance Director is hereby authorized and directed to destroy the records listed. 5. Personal Service -Massage Therapy -Bonnie Gibson -Maplewood Community Center Sister Rosalind Approved the individual personal service license forBonita G. Gibson at Maplewood Community Center to work for Sister Rosalind Gefre. 6. Carver Elementary -Temporary Gambling, Temporary Food -Fee Waiver Adopted the following resolution approving Catherine Boehm, representing Carver Elementary PTO, to hold a temporary gambling license to be used on Apri13, 2004 from 10:00 a.m. to 2:00 p.m. to conduct a raffle. The raffle will be conducted at the school located at 2680 Upper Afton Road: RESOLUTION 04-O1-010 City Counci101-26-04 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary permit for lawful gambling is approved for Carver Elementary PTO, 2680 Upper Afton Road. 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. 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. County Road D Improvements (White Bear to McKnight), City Project 01-15 -Issue Connection Charge Credit to Helen Mehsikomer Approved payment of $1,860.00 from the Project Fund for County Road D Improvements, City Project 01-15, to Helen Mehsikomer as a refund of charges for the calculation error for the property at 2205 County Road D East. 8. Planning Commission's 2003 Annual Report Approved and aocepted the Planning Commission's 2003 Annual Report. 9. Lawful Gambling Resolution, Change of Manager-TSE, Inc. Brian Halgrimson aY the Chalet Lounge Adopted the following resolution approving the change of manager for TSE, Inc. for their gambling license held at The Chalet, 1820 Rice Street to Brian Halgrimson: RESOLUTION 04-O1-011 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the change of manager (Brian Halgrimson) is approved for TSE, Inc. to operate at the Chalet, 1820 Rice 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. 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. 10. Donation from Schmelz Countryside Volkswagen-Saab City Counci101-26-04 Accepted a a $2,500 donation from John Schmelz to show his appreciation for the work done by the Police Department this past year. He has asked that the donation be used at the City Council's discretion for needed programs or equipment during 2004. 11. Maplewood Moose Lodge Charitable Gambling License Approved the City Manager's letter of support for the Moose Lodge's Gambling License. 12. Policy and Procedure Manual Revision Adopted revisions to the Policy and Procedure Manual. H. Councilmember Koppen moved to approve consent agenda items 1-7. 9, and 10 as presented. Seconded by Councilmember Juenemann Ayes-All Councilmember Juenemann moved to approve consent agenda item 8 as presented. Seconded by Councilmember Koppen Ayes-All Councilmember Rossbach moved to approve consent agenda item 11 as presented. Council discussed the fact that they are aware that this is an unique situation, the Moose Lodge is in good standing in the city, new management and members are involved and that there has been a 10 year time lapse. Seconded by Councilmember Juenemann Ayes-All Councilmember Rossbach moved to table consent agenda item 12 until a legal opinion has been received. Seconded by Councilmember Juenemann Ayes-All PUBLIC HEARINGS 1. 7:27 p.m. Easement Vacation, 2416 Teakwood Drive a. City Manager Fursman presented the staff report. b. City Planner Finwall presented specifics from the report. a Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: None d. Mayor Cardinal closed the public hearing. Councilmember Juenemann moved to adopt the following resolution for the vacation of an City Counci101-26-04 unused drainage and utility easement on the property at 2416 Teakwood Drive: RESOLUTION 04-O1-012 VACATION RESOLUTION WHEREAS, Chris Cavett, representing the City of Maplewood and the property owners, applied for the vacation of the following: A 15-foot-wide drainage and utility easement located on the property at 2416 Teakwood Drive, Maplewood (Property Identification Number: 12-28-22-31-0049) and described as follows: The 15-foot-wide drainage and utility easement on Lot 1, Block 4, Huntington Hills Addition in Section 12, Township 28, Range 22 WHEREAS, the history of this vacation is as follows: 1. On January 5, 2004, the planning commission recommended that the city council approve the public vacation. 2. On January 26, 2004, the city council held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. WHEREAS, after the city approves this vacation, public interest in the property will go to the above-mentioned property (Lot 1, Block 4, Huntington Hills Addition). NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described vacation for the following reasons: L It is in the public interest. 2. The existing easement is not used and is not needed for drainage or utility purposes in its current location. This vacation is subject to the owner providing the city a 15-foot-wide drainage and utility easement that follows the centerline of the existing drainage Swale and signing the necessary agreements to allow the city to correct the drainage problems on the property. City Counci101-26-04 Seconded by Councilmember Monahan-Junek Ayes-All 2. 7:36 p.m. Proposed Mixed Use District Comprehensive Plan Amendment (4 Votes) Zoning Code Amendment a. City Manager Fursman presented the staff report. b. Associate Planner Finwall presented specifics from the report. a Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: None d. Mayor Cardinal closed the public hearing. Councilmember Juenemann moved to approve a comprehensive plan amendment to revise the City of Maplewood's May 2002 Comprehensive Plan. Seconded by Councilmember Monahan-Junek Ayes-All Councilmember Monahan-Junek moved to adopt the following ordinance creating a new zoning district within the City of Maplewood that will allow for the mixture oflow-impact commercial developments along with higher density residential development: ORDINANCE NO. 847 AN ORDINANCE CREATING THE MIXED-USE ZONING DISTRICT The Maplewood City Council approves the following additions to the Maplewood Code of Ordinances: Section L This section adds Section 34-16 to Chapter 34 (subdivisions) to the city code: Section 34-16. Special subdivision regulations in the M-U mixed-use district Chapter 34 (subdivisions) of the city code applies to the mixed-use zoning district unless specified differently below. (a) Blocks: Maximum block length of six hundred (600) feet. (b) Right-of--way width: Subject to discretion of the director of public works and approval by the city council. (c) Road pavement widths: Subject to discretion of the director of public works and approval by the city council. City Counci101-26-04 (d) Alleys: Interconnected roads and alleys are strongly encouraged within the mixed-use zoning district. (e) Alley right-of--way and pavement widths must be adequate for the following: vehicle passing, vehicle loading and unloading and storage of snow. Alley right-of--way and pavement widths are subject to the discretion of the director of public works and approval by the city council. (f) Cul-de-sacs: Cul-de-sacs are prohibited within the mixed-use zoning district. (g) Sidewalks: Sidewalks are required on both sides of roads. Section IL This section adds the following language to Section 44-6 (definitions) to the city code: Bed and breakfast means a transient lodging establishment located in asingle-family dwelling unit or other approved building in which guest rooms are rented on a nightly basis for periods of less than a week and where at least one meal is offered in connection with the provision of sleeping accommodations only. Drive-through sales and service means an opening in the wall of a building designed and intended to be used to provide sales and/or service to patrons who remain in their vehicles. Drive-up food or beverage window means an opening in the wall of a building or restaurant designed and intended to be used to provide food and/or beverage sales and/or food and/or beverage service to patrons who remain in their vehicles. Dry cleaning and laundry pick-up starion means an establishment or business maintained for the pickup and delivery of dry cleaning without the maintenance or operation of any dry cleaning equipment or machinery on the premises. Dry cleaning plant means an establishment or business maintained for cleaning clothing or other fabrics by immersion and agitation, or by immersions only, in volatile solvents including, but not limited to, solvents of the petroleum distillate type and/or the chlorinated hydrocarbon type, and the processes incidental thereto. Dwelling, secondary means an additional dwelling unit located within and subordinate to the principal dwelling on asingle-dwelling lot, designed for a single occupant or small family. Standards and conditions for such a unit shall include the following: 1. A secondary dwelling unit shall be located within asingle-family dwelling or above its accessory structure. 2. In the case of an addition to an existing structure, the exterior finish, roof pitch, windows, eaves and other architectural features must be the same or visually compatible with those of the original building. 3. The additional dwelling unit may not contain more than thirty percent (30%) of the principal dwelling's total floor area or eight hundred (800) square feet, whichever is less. 4. There shall be no more than two (2) dwelling units on a lot. 5. At least one (1) dwelling unit on the lot shall be owner-occupied. Dwelling, townhouse means a residence for one family that is attached either horizontally or vertically to at least two other residences, each with a private outside entrance. City Counci101-26-04 Laundry means an establishment or business where patrons wash and dry clothing or other fabrics in machines operated by the patron. Limited producrion and processing are those uses that produce minimal off-site impacts due to their limited nature and scale, are compatible with commercial and residential uses and may include wholesale and off-premise sales. Odors, noise, vibration, glare and other potential side effects of manufacturing processes shall not be discernable beyond the property line or to other tenants located in a building. Limited production and processing includes, but is not limited to, the production, processing, repair or service of the following: 1. Apparel and other finished products made from fabrics. 2. Computers and accessories, including circuit boards and software. 3. Electronic products, components, assemblies and accessories. 4. Film, video and audio production. 5. Food and beverage products, except no live slaughter, grain milling, cereal, vegetable oil or vinegar processing. 6. Jewelry, watches and clocks. 7. Milk, ice cream and confections. 8. Musical instruments. 9. Novelty items, pens, pencils and buttons. 10. Precision dental, medical and optical goods. 11. Signs, including electric and neon signs and advertising displays. 12. Toys. 13. Wood crafting and carving. 14. Wood furniture and upholstery. Live-work unit means a dwelling unit in combination with a shop, office, studio or other workspace within the same unit, where the resident occupant both lives and works. Standards and conditions for these shall include: 1. The workspace component must be located on the first floor or basement of the building, with an entrance facing the primary abutting road. 2. The dwelling unit component must be located above or behind the workspace and maintain a separate entrance accessible from the primary abutting road. 3. The office or business component of the workspace shall not exceed thirty percent (30%) of the total gross floor area of the principal dwelling unit and shall meet all building code requirements. 4. A total of two (2) off-street parking spaces shall be provided on site for alive-work unit, located to the rear of the unit, or underground/enclosed (including attached or detached garage parking spaces). 5. No more than one (1) passenger or light commercial vehicle (i.e., delivery truck) associated with the office or business component of the workspace maybe stored on site. Heavy commercial vehicles are prohibited. 6. The size and nature of the workspace shall be limited so that the building type maybe governed by residential building codes. An increase in size or intensity beyond the specified limit would require the building to be classified as a mixed-use building and will require different construction standards. 7. The workspace component of the building may include the following uses: offices, small service establishments, home crafts which are typically considered accessory to a dwelling unit or limited retail associated with fine arts or crafts. The workspace component shall be limited to City Counci101-26-04 those uses otherwise permitted in the district that do not require a separation from residentially zoned or occupied property. The workspace component may not include a wholesale business, manufacturing business, motor vehicle service or repair for any vehicles other than those registered to residents of the property and a commercial food service requiring a license, except for a catering business which meets all conditional use permit requirements as specified in Article V (conditional use permits). 8. Signage for alive-work unit is restricted to one (1), fifteen-square-foot (15 s.f.) wall sign and shall not be internally illuminated. Over story tree means a large deciduous shade-producing tree with a mature height over thirty (30) feet. Photocopying establishment means a business engaging in the reproduction of written or graphic materials through processes that do not include the use of volatile organic compounds which are subject to federal or state air emissions regulations. Publishing or prinring establishment means a business engaging in the reproduction of written or graphic materials through processes that include the use of volatile organic compounds which are subject to federal or state air emissions regulations. Section III. This section adds Chapter 44, Article II, Division 14 to the city code to create the mixed-use zoning district (M-U): Division 14. M-U Mixed-Use District Section 44-679. Purpose and intent The purpose of the mixed-use zoning district is to provide areas in the City of Maplewood with a mixture of land uses, made mutually compatible through land use controls and high-quality design standards. With this district, the City of Maplewood intends to promote the redevelopment or development of an area into amixed-use urban center with compact, pedestrian-oriented commercial and residential land uses that are within an easy walk of a major transit stop. The intent of the mixed-use zoning district is to enhance viability within an area and foster more employment and residential opportunities. The placement and treatment of buildings, parking, signage, landscaping and pedestrian spaces are essential elements in creating the pedestrian-friendly and livable environment envisioned by the city in a mixed-use area. To ensure these elements are achieved, basic design standards are included in the district. City Counci101-26-04 10 Section 44-670. Uses. Uses allowed within an M-U mixed-use zoning district are as follows: Permitted (P) Conditional Use Permit (CUP) one of Use Prohibited (PR) Residential Uses Single-family dwelling Pl Double dwelling Pl Multiple dwelling P Secondary dwelling CUP Mixed Commercial-Residential Uses Multiple-dwelling residential and commercial P Live-work unit CUPS Commercial Uses Adult uses and sexually oriented businesses PR Antennas which are freestanding and not PR3 located on existing structures Bakery/candy shop/catering, which produces P goods for on-premise retail sale Bank, credit union P Bed and breakfast P/CUP/PR' Cemetery, crematory or mausoleum PR Clinic, medical or health related P Clinic, veterinary P/PRs Commercial Uses (cont.) Currency exchange business PR Drive-through sales and service PR Drive-up food or beverage window PR Dry cleaning and laundry pick-up station P Dry cleaning plant P/PR6 Exterior storage, display, sale or distribution of goods or materials PR Health sports club P Indoor recreation P Indoor theater P Laundry P Limited production and processing P/CUPS Maintenance garage PR Major motor fuel station PR Mining PR Minor motor fuel station CUPs City Counci101-26-04 11 Motor vehicle wash PR Office P Off-street parking as a principal use PR Off-sale liquor business P9 On-sale liquor business P9 Pawnbroker PR Planned Unit Development PR Photocopying establishment P Publishing or printing establishment P/PR10 Restaurant P Retail P Small appliance and electronic component or equipment repair P Accessory use customarily incidental to any of the above uses. The city may allow commercial uses similar to the above if they would not create a nuisance and if they are not noxious or hazardous. The city council shall review uses that are not clearly similar for determination of compatibility. 1Nonconforming single and double-dwelling residential uses and structures: Any pre-existing conforming or nonconforming single or double-dwelling residential use or structure which would become nonconforming by adoption of the mixed-use zoning district and maybe expanded, extended or intensified so long as such expansion, extension, or intensification would be permitted under the R-1 single-dwelling residential district or the R-2 double-dwelling residential district and/or M-U mixed-use district. Live-work units are a conditional use in the mixed-use zoning district if they meet all standards and conditions as defined in the live-work definition. Live-work units do not require a home occupation license as specified in Section 14-56 (home occupations). 3A11 other antenna requirements as specified in Article XI (commercial use antennas and towers) shall apply. 'Bed and breakfast establishments are allowed as follows: 1)single-dwelling residential: permitted if the bed and breakfast has four (4) or fewer guest rooms and as a conditional use permit if the bed and breakfast has more than four (4) guest rooms; 2) commercial or mixed-use building: permitted; 3) double dwelling, townhouse, or multi-family: prohibited. All bed and breakfast establishments must meet the required number ofoff-street parking spaces as specified in Section 44-17 (off-street parking). SVeterinary clinic with exterior kennels are a prohibited use in the mixed-use zoning district. 6A dry cleaning plant is a permitted use in the mixed-use zoning district only if located within a commercial-only building. A dry cleaning plant is a prohibited use in the mixed-use zoning district if located within amixed-use building (i.e., residential and commercial). Limited production and processing is a conditional use in the mixed-use zoning district only if such use has more than five thousand (5,000) square feet of gross floor area, in which case total floor area shall not exceedten-thousand (10,000) square feet. sA minor motor fuel station is a conditional use in the mixed-use zoning district subject to the following: City Counci101-26-04 12 1. All parts of the minor motor fuel station shall be at least 100 feet from any residential use within the mixed-use zoning district, including mixed-use buildings that comprise at least 50 percent residential uses. 2. All parts of the minor motor fuel station shall be at least 350 feet from any single, double or multi-family residentially zoned land. 3. All new or replacement underground fuel storage tanks shall meet the standards of state statutes and the standards of the state pollution control agency. Such tanks shall also have a UL listing appropriate for their use. In addition, installation plans shall be submitted to the state fire marshal's office for approval. 4. There shall be leak detection equipment on all new and existing tanks according to the federal environmental protection agency schedule deadlines. Leak detection facilities shall include electronic (in tank) monitoring equipment and manual measurement and recording equipment of tank levels for daily records. Records of daily tank levels, fuel purchases and fuel sales shall always be available on site for inspection by the fire marshal. 9A11 alcoholic beverage licensing requirements apply as specified in Chapter 6 (alcoholic beverages). i°Publishing and printing establishments are a permitted use in the mixed-use zoning district only if located within acommercial-only building. A publishing and printing establishment is a prohibited use in the mixed-use zoning district if located within amixed-use building (i.e., residential and commercial). Section 44-671. Dimensional standards. Lot Size Per Unit Structure Setbacks (Feet) Building Type (Square Feet) Height (Feet) Front Side Rear Single dwelling 7,260 35i 20 to 25 5~ 15~ Double dwelling/ n/a 35i 20 to 25 5~ 15~ townhouse Residential garage n/a Per Section n/a 5 0 to 6 accessed from alley 44-114 Residential garage not n/a Per Section 20 to 25 5 5 accessed from alley 44-114 Multiple dwelling n/a 35i 0 to 20 03 03 Mixed-use/residential n/a n/a 0 to 10 03 03 and commercial CommerciaUincluding n/a n/a 0 to 10 03 03 structure parking 1No single dwelling, double dwelling, townhouse or multi-dwelling building shall exceed a height of thirty-five (35) feet, or three stories, unless the city council approves a conditional use permit. City Counci101-26-04 13 zWhen a mixed-use zoned single or double-dwelling/townhouse adjoins a single or double-dwelling residential zoning district, the side and rear yard setbacks of the adjacent single or double- dwelling residential zoning district shall apply, or a side yard setback often (10) feet and a rear yard setback of twenty (20) feet, whichever is greater. 3The zero (0) setback specified above is allowed except as otherwise specified in the building code. Side and rear yard setbacks of at least ten (10) feet shall be required when amixed-use zoned commercial, mixed-use (residential and commercial) or multi-family use adjoins amixed-use zoned single or double-dwelling/townhouse residential use. Side and rear yard setbacks shall be as specified in Section 44-20 (c)(~(b) (additional design standards) when amixed-use zoned commercial, mixed-use (residential and commercial), ormulti-family use adjoins a single or double- dwelling residential zoning district. Section 44-672. Maximum density. The density of the mixed-use zoning district shall not exceed the maximum density permitted by the land use classification and people per unit designated in the city's adopted comprehensive plan. Density bonuses are allowed per Section 44-300 (density credits). In addition, the net acreage for calculating density maybe increased by three hundred (300) square feet for each affordable dwelling unit, as defined by the Metropolitan Council guidelines. Section 44-673. Off-Street Parking. Section 44-17 (off-street parking) of the city code applies in the mixed-use zoning district unless specified differently below. Placement of surface parking within the mixed-use zoning district must meet the following: 1. Surface parking must be located to the rear of a principal building, or an interior side yard if parking in the rear is impractical. 2. Surface parking must maintain aten-foot (10') setback to a road when constructed on the side or rear of a building on a corner lot. 3. Surface parking must maintain afive-foot (5') side and five-foot (5') rear yard setback, unless the surface parking adjoins a single or double-dwelling residential zoning district, in which case the required setback is as specified in Section 44-19(a) (landscaping and screening). 4. The city may approve variances to the surface parking placement standard if a building has special needs and site constraints. In these cases, there should be good pedestrian connections between the sidewalk and building entrance, and the area in front of the parking lot should be well landscaped. Amount of parking: 1. The minimum amount of required parking spaces shall be as specified in Section 44-17 (off- street parking). 2. The maximum amount of surface parking spaces shall not exceed the specified minimum by more than ten percent (10%), or two (2) spaces, whichever is greater. If additional parking is desired, it must be placed underground, within an enclosed building, or in a tuck-under garage. 3. On-street parking located in front of a commercial or mixed-use building may count toward the required number of parking spaces. City Counci101-26-04 14 4. For retail, medical, service and office uses, if a transit shelter is provided on site or in front of the building, then the minimum required number of parking spaces maybe reduced by five percent (5%), but not to exceed five (5) parking spaces total. 5. Commercial parking district: For retail, medical, service and office uses, required parking may be reduced by the establishment of a commercial parking district for the purpose of sharing parking with varying peak parking hours or availability of off-street public parking. The establishment of a commercial parking district to allow a reduction in parking required shall be subject to review and approval by the community design review board during the development's initial site plan review or subsequent site plan changes. 6. In addition to the above-referenced allowances for parking reduction, the city council may authorize other reduced off-street parking requests through a special agreement. The reduction must be based on proven parking data for a specific development. Parking space size: 1. 90-degree parking: 9 feet x 18 feet 2. 45-degree parking: 8.5 feet x 18 feet 3. Parallel parking: 8 feet x 21 feet Section 44-674. Design standards. Section 44-20 (additional design standards) of the city code applies to the mixed-use zoning district unless specified differently below. Awnings: Awnings must be properly maintained, and if in poor repair must be repaired or replaced in a timely manner. Metal awnings are prohibited unless the design of the awning is compatible with the building, as determined by the director of community development (if the awnings require administrative review) or the community design review board (if the awnings require design review). Awnings may extend up to five (5) feet over the public right-of--way, where approved by the city, and must meet all building code requirements. Commercial/mixed-use building fagade: Any exterior building wall, except for single and double- dwelling/townhouse residential buildings, adjacent to or visible from a public right-of--way or public open space may not exceed forty (40) feet in width. New buildings of more than forty (40) feet in width are allowed if the building wall is divided into smaller increments, between twenty (20) and forty (40) feet in width, through articulation of the fagade. This can be achieved through combinations of the following techniques and others that may meet the objective: 1. Fagade modulation -stepping back or extending forward a portion of the fagade. 2. Vertical divisions -using different textures or materials (although materials should be drawn from a common palette). 3. Division into storefronts, with separate display windows and entrances. 4. Variation in rooflines by alternating dormers, stepped roofs, gables, or other roof elements to reinforce the modulation or articulation interval. 5. Arcades, awnings, window bays, arched windows and balconies. Exterior building materials: Exterior-building materials shall be classified primary, secondary or accent material. Primary materials shall cover at least sixty percent (60%) of all facades of a building. Secondary materials may cover no more than thirty percent (30%) of all facades of a building. Accent materials may include door and window frames, lintels, cornices and other minor elements, and may cover no more than ten percent (10%) of all facades of a building. Allowable materials are as follows: City Counci101-26-04 15 1. Primary exterior building materials maybe brick, stone or glass. Bronze-tinted or mirror glass are prohibited as exterior materials. 2. Secondary exterior building materials maybe decorative block or stucco. 3. Synthetic stucco maybe permitted as a secondary material on upper floors only. 4. Accent materials maybe wood or metal if appropriately integrated into the overall building design and not situated in areas that will be subject to physical or environmental damage. 5. All primary and secondary materials shall be integrally colored with no painted materials. Fences: Fences over four (4) feet in height are prohibited in all front yards, except as required for storage/service/loading as specified below. First floor height: The first floor of commercial or mixed-use (residential and commercial) buildings shall be designed with a minimum ceiling height of twelve (12) feet. Material change: The front facade building material changes shall not occur at external corners (toward a public right-of--way or public open space), but may occur at reverse or interior corners or as a return at least six (6) feet from external corners. Mixed-use building and development remodeling/additions/alterations: Remodeling, additions or other alterations to mixed-use buildings and development (buildings and developments previously approved and built with mixed-use design standards) shall be done in a manner that is compatible with the original building or development. Original materials shall be retained and preserved to the extent possible. Model variety: Each single or double-dwelling development of one hundred (100) or more units must have at least four (4) models with three (3) elevations and material treatments each. For single or double-dwelling developments of less than one hundred (100) units, at least three (3) models with three (3) variations each are required. No road block should have more than two (2) consecutive single- dwelling houses with the same house model. Nonconforming buildings and developments: Additions to nonconforming buildings or developments (buildings or developments built before mixed-use design standards) must be constructed with materials required by this ordinance if the addition exceeds twenty-five percent (25%) of the floor area. Exterior remodeling or alterations to a nonconforming building or development must be constructed with materials required by this ordinance. The director of community development (if administrative review is required) or the community design review board (if design review is required) may authorize the use of other materials if the addition, remodeling or alteration is deemed to be minor in nature and not visible from a public right-of--way. One-story buildings: One-story buildings taller than eighteen (18) feet in height shall be architecturally detailed to simulate a two-story appearance. Parks/playgrounds: The city may require that a reasonable portion of any proposed subdivision or development be dedicated to the public or preserved for public use as parks, playgrounds, trails or open space. Pedestrian access: Each ground floor space with road frontage shall have its primary entrance on the front facade. Additional entrances maybe provided off of a parking area or an access corridor. Porches and entries: Porches, steps, pent roofs, roof overhangs and hooded front doors or similar architectural elements shall be used to define all primary residential entrances. Decks shall be City Counci101-26-04 16 prohibited on all primary residential entrances. Front porches must have a minimum depth of six (6) feet clear. Porches may extend six (~ feet into the required setback in the mixed-use zoning district. Residential garages: Single or double-dwelling/townhouse attached garages must not be located in front of the primary fagade and must have architectural elements to minimize the impact of the garage door or be recessed from the primary front fagade (not including porches, bay windows or other minor projections) by a minimum of eight (8) feet. Single or double-dwelling/townhouse garages, either attached or detached, which are placed in the rear yard must be accessed by either an alley or a side-yard driveway. Setbacks: Within the mixed-use zoning district, all setbacks shall be measured from the outlying property line of a development and either a public right-of--way or from the edge of a private road, whichever applies. The term "road" as used to define setbacks within the mixed-use zoning district applies to public right-of--ways and private roads. Storage/service/loading: If an outdoor storage, service or loading area is visible from adjacent residential uses, or a road or walkway; it shall be screened by a decorative fence, wall or screen of plant material at least six (6) feet in height. Fences and walls shall be architecturally compatible with the primary structure. Windows: Buildings containing office and retail uses shall maintain forty percent (40%) minimum window coverage on the first floor that faces a road or public open space. These windows shall extend to a minimum of two (2) feet to the front fagade elevation. Exceptions and Appeals to Design Standards: Exceptions: The director of community development (if administrative review is required) or the community design review board (if design review is required) may consider exceptions to the above- mentioned design standards if they uphold the integrity of the guidelines and result in an attractive, cohesive development design as intended by this ordinance. Appeals: Appeals to the approved design conditions for a building or development are permitted as specified in Section 2-285 (approval of plans). C. Section 44-675. Landscaping. Section 44-19 (landscaping and screening) of the city code applies in the mixed-use zoning district unless specified differently below. Landscape requirements: 1. All areas of land not occupied by buildings, parking, driveways, sidewalks or other hard surface shall be sodded or mulched and landscaped with approved ground cover, flowers, shrubbery and trees. 2. Hard surfaced areas, including sidewalks and patios, must include amenities such as benches, planters and bike racks. 3. For parking lots consisting of twenty (20) or more spaces, interior landscape islands are required. Interior landscape islands shall be at a rate of one (1) landscape island for every ten (10) parking spaces. Landscaping areas located along the perimeter of a parking lot beyond the curb or edge City Counci101-26-04 17 of pavement shall not be included toward satisfying this requirement. Landscape islands shall be a minimum of one hundred and forty-four (144) square feet in area and shall be a minimum of eight (8) feet in width, as measured from back of curb to back of curb. The landscape islands shall be improved as follows: a. One (1) over story tree with atrunk size a minimum of two and one-half (2-1/2) inches in caliper shall be provided for every landscape island. b. A minimum of fifty percent (50%) of every landscape island shall be planted with an approved ground cover in the appropriate density to achieve complete cover within two (2) years. Mulch may only be used around the base of the plant material to retain moisture. 4. Perimeter landscape or pedestrian walls are required for all parking lots and shall be established along the road and edges of the parking lot. The landscape treatment or pedestrian wall shall run the full length of the parking lot and be located between the property line and the edge of the parking lot as follows: a. Perimeter parking lot landscaping adjacent the road shall be at least ten (10) feet in width, as measured from the property line or edge of a private road to the back of curb. b. The primary plant materials used in perimeter parking lot landscaping adjacent the road shall be over story trees. Ornamental trees, shrubs, hedges and other plant materials may be used to supplement the over story trees, but shall not be the sole contribution to such landscaping. c. Perimeter parking lot landscaping along the rear and sides of a parking lot (not adjacent the road) shall be planted with a minimum of fifty percent (50%) ground cover approved by the city to achieve complete cover within two (2) years. Mulch may only be used around the base of the plant material to retain moisture. d. In lieu of, or in addition to, perimeter parking lot landscaping, a pedestrian wall along the perimeter of the parking lot maybe constructed. The pedestrian wall is limited to four (4) feet in height, must be at least eighty percent (80%) opaque and must be architecturally compatible to the principal building or development. 5. Over story trees are required at regular intervals along the road to help define the road edge, to buffer pedestrians from vehicles and to provide shade. The over story trees shall be located in a planting strip at least five (5) feet wide between curb and sidewalk, or in a planting structure of design acceptable to the city. Section 4-676. Lighting. All outdoor lighting shall be of a design and size compatible with the building and as specified in Section 44-19(c)(1) (outdoor lighting), except that light pole height maximum is limited to sixteen (16) feet. Section IV. This section adds Subdivision VII, Schedule No. VI, to Article III (sign regulations). Subdivision VII. Schedule No. VI Section 44-990. Scope. City Counci101-26-04 18 This schedule No. VI applies to signs in the M-U mixed-use district. Article III (sign regulations) of the city code applies to the M-U mixed-use district unless specified differently below. Section 44-991. Sign review. The community design review board shall review all signage on new buildings or developments to ensure that the signs meet mixed-use sign requirements and are architecturally compatible with the new building or development. In addition, the community design review board shall review all comprehensive sign plans as required in Section 44-736 (comprehensive sign plan). All signage on mixed-use buildings or developments (buildings or developments previously approved and built with mixed-use design standards) shall be reviewed by the director of community development and shall be done in a manner that is compatible with the original scale, massing, detailing and materials of the original building. All signage on non-mixed-use buildings or developments (buildings or developments not built with mixed-use design standards) shall be reviewed by the director of community development and shall comply with the mixed-use sign requirements, unless classified as a pre-existing nonconforming sign in which case it shall comply with Section 44-12 (nonconforming buildings or uses). Section 44-992. Projecting signs. Projecting signs are allowed as part of the overall signage. Projecting signs may not extend more than four (4) feet over a public right-of--way and a private road or sidewalk, and must not project out further than the sign's height. Section 44-993. Overall wall signs. Allowable area of overall wall and projecting signage for each establishment is one and one-half (1 '/z) square feet of signage per lineal foot of building or frontage on a road, public open space or private parking area, or thirty (32) square feet, whichever is greater. Each wall shall be calculated individually and sign area may not be transferred to another side of the building. Minor motor vehicle stations with canopies are allowed to place signage on the canopy and the building as long as they do not exceed the requirements above. Wall and projecting signs shall not cover windows or architectural trim and detail. Section 44-994. Freestanding signs. One (1) freestanding sign for each establishment is allowed if the building is set back at least twenty (20) feet or more from the front property line. Freestanding signs must meet the following requirements: 1. Limited to six (6) feet in height and forty (40) square feet in area. 2. Maintain afive-foot (5') setback from any side or rear property line, but can be constructed up to the front property line. 3. Must consist of a base constructed of materials and design features similar to those of the front fagade of the building or development. 4. Must be landscaped with flowers or shrubbery. City Counci101-26-04 19 Section 44-995. Prohibited signs. Signs painted directly on the wall of a building; reader boards located in permanent signage, except for reader boards advertising gasoline prices at minor motor vehicle stations; signs which advertise a product and not a specific business. Seconded by Councilmember Juenemann Ayes-All I. AWARD OF BIDS None J. UNFINISHED BUSINESS None K. NEW BUSINESS 1. Approve Budget Adjustment and Termination of Lease with Ramsey -Washington MetroWatershed District to Facilitate Relocation of Public Works/Engineering Staff to Public Works Maintenance Building at 1902 County Road B East a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Juenemann moved to approve a budget transfer of $117,000 from the contingency allocation of the fund balance for the relocation of the Public Works staff to the Public Works Maintenance Building and termination of the lease with the Ramsey Washington Metro Watershed District effective on March 31, 2004. Seconded by Mayor Cardinal Ayes-All 2. County Road D Improvements (West of TH 61 to Highridge Court), City Project 02-08 Resolution Receiving Preliminary Report and Calling Public Hearing a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Juenemann moved to adopt the following resolution receiving the preliminary report for the realignment of County Road D (TH 61 to Highridge Court), City Project 02-08 and calling for a Public Hearing for 7:30 p.m. on February 9. 2004: RESOLUTION 04-O1-013 ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, a certain petition requesting the improvement and realignment of County Road D between Trunk Highway 61, north of Guldens Restaurant and Highridge Court at existing County Road D, was filed with the City Council on November 10, 2003, and City Counci101-26-04 20 WHEREAS, the petition represented not less than 35 percent in frontage of the real property abutting the streets named in the petition, and WHEREAS, the City Engineer reported that the petition was valid and appropriate, and WHEREAS, the petition was published consistent with M.S. 429.036 and no persons appealed this determination within the required 30 day period from publication, and WHEREAS, pursuant to resolution of the council adopted November 10th, 2003, a report has been prepared by URS, Inc. the city.s engineering consultant, under the direction of the City Engineer, with reference to the improvement of County Road D, west of TH 61 to Highridge Court, City Project 02-08, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $2,321,400. 2. A public hearing shall be held on such proposed improvement on the 9th day of February 2004 in the council chambers of city hall at 7:30 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Seconded by Councilmember Koppen Ayes-All 3. Approve Environmental Utility Fund BMP Credit Policy a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Juenemann moved to approve the following Environmental Utility Fund BMP Credit Policy and authorized the Public Works Director and City Manager to administratively imnlementthe approved polio Environmental Utility Best Management Practices Credit Background On August 25, 2003 the Maplewood City Council approved an Environmental Utility (Ordinance No. 839) to finance the City.s Storm Water Management Program. In addition, the Utility will be utilized to finance compliance with the City.s National Pollution Discharge Elimination System Phase II (NPDES Phase II) Storm Water Pollution Prevention Plan (SWPPP) for the City.s Municipal Separate Storm Sewer Systems (MS4) as outlined in the City.s Storm Water Permit. The Utility provides for credits for the use of Storm Water Best Management Practices (BMPs) such as storm water ponds, green space, undeveloped land, etc. Credits must be applied for by Dec. 15u, of year preceding the year in which the credit is to be considered. The amount of the credit will be determined by Maplewood.s Public Works Department and approved by the City City Counci101-26-04 21 Council. A property owner may appeal to the City Council regarding a determination of the credit once per calendar year. Commercial, Industrial, Institutional A credit maybe granted to a Commercial, Industrial or Institutional parcel that can demonstrate minimum reduction of 20% of the amount of storm water leaving the parcel via the use of an approved Storm Water Best Management Practice (BMP). Credits can be combined to account for a total reduction of up to 75% of the Environmental Utility Fee. Documentation must be provided to the City of Maplewood.s Public Works Department for evaluation of the claim. It is strongly suggested that the documentation be prepared by a licensed professional engineer of the State of Minnesota and provide the necessary drawings and calculations to support the claim. It is the applicants responsibility to prove the claim. Examples of Best Management Practices 1. Storm water retention and infiltration systems (ponds), grassed swales and drainage from parking lots into grassed surfaces. 2. Storm Water Detention ponds are not eligible for a credit since the water from the ponds is discharged to the City.s storm sewer system. MS4. Land Use Credits Vacant Land Credit Vacant land meeting the following criteria is to be excluded from the area used to calculate the monthly charge. 1. The property must not be developed in any way, or have been developed in the past ten (10) years. The property must reflect land in an .undisturbed, natural state. with non-impacted soils (i.e., the soils are not compacted). 2. The vacant land must represent at least 50% of the total parcel 3. Vacant land does not include .green space. as outlined below Green Space Credit Green space areas meeting the following criteria can receive up to a 75% reduction from the area used to calculate the monthly charge. 1. Green spaces shall be contiguous pervious vegetated areas incorporated into the developed parcel. 2. The space shall not have more than 25% impacted, compacted soils. Examples of impacted spaces are trails, ball fields, gravesites, golf courses and picnic areas. 3. Green space must be 20 feet or more away from the nearest impervious surface or structure. 4. The green space must be a minimum of 1 acre in size and not less than 25% of the total parcel. 5. Grassed parking areas that are utilized more than 15 days per year are excluded from the green space credit, as these are impacted, compacted soils. Residential Properties and Rain Gardens A Residential Property can apply for a credit of 30% per month if the property installs and maintains a rain garden or other city approved BMP. The Rain Garden or other appropriate BMPs must meet current city standards and be approved by the City of Maplewood.s Engineering Department prior to and after it.s construction. City Counci101-26-04 22 Authority The Maplewood City Council reviewed administrative implementation of this policy on January 26, 2004. Seconded by Councilmember Koppen Ayes-All 4. Proposed Cul-de-sac West of Germain Street, Project 04-03 -- Approve Resolution Accepting Petition and Authorizing Preparation of Feasibility Study a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Koppen moved to adopt the following resolution ordering the preparation of a feasibility for the proposed cul-de-sac west of Germain Street, Project 04-03: RESOLUTION 04-O1-014 PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to construct street and utility improvements as part of the proposed cul-de-sac west of Germain Street, Project 04-03, and to assess the benefited properties for all of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Seconded by Councilmember Rossbach Ayes-All 5. County Road D Watermain Improvements, City Project 03-09 -Resolution Accepting Report and Calling for Public Hearing a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Koppen moved to adopt the following resolution accepting the preliminary report and calling for a Public Hearing for 7:45. Monday. February 9. 2004 for the Count D Water Main Improvements, Project 03-09: RESOLUTION 04-O1-015 ACCEPTING REPORT CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted May 27, 2003, a report has been prepared under the direction of the city engineer with reference to County Road D Water Main City Counci101-26-04 23 Improvements, City Project 03-09, and this report was received by the council on January 20, 2004, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council will consider such water main improvements in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost for the improvement of $445,150. A public hearing shall be held on such proposed improvement on the 9th day of February 2004 in the council chambers of city hall at 7:45 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Seconded by Councilmember Juenemann Ayes-Councilmember Juenemann, Koppen, Monahan-Junek and Rossbach Abstain-Mayor Cardinal 6. Intoxicating Liquor License-Noah Castle-The Rage (Prior Just for Feet building) a. City Manager Fursman presented the staff report. b. City Clerk Guilfoile presented specifics from the report. c. Noah Castle, the applicant, was present for council questions. Councilmember Monahan-Junek moved to approve the Intoxicating Liquor License for Noah Castle at 3090 Southlawn Avenue. Seconded by Councilmember Koppen Ayes-All Environmental Committee Fact Sheet a. City Manager Fursman presented the staff report. b. Environmental Health Officer Konewko presented specifics from the report. Councilmember Juenemann moved to annrove the formation of the Environmental Committee. Seconded by Councilmember Monahan-Junek Ayes-All 8. Legacy Village Development Amendment a. City Manager Fursman presented the staff report. Councilmember Juenemann moved to table this item until the February_ 9~' City_ Council Meeting. Seconded by Councilmember Monahan-Junek Ayes-All City Counci101-26-04 24 9. Alcohol Violation-Singapore Chinese Cuisine a. City Manager Fursman presented the staff report. b. City Clerk Guilfoile presented specifics from the report. o. Ms. Wai Wong from the Singapore Chinese Cuisine was present for questions. Councilmember Juenemann moved to impose a fine of $500.00 against Singapore Chinese Cuisine for their second compliance failure for selling alcohol to an underage buyer. If another offense occurs staff would recommend for council consideration a fine of $2,000.00 for the third offense plus the $500.00 not charged from the second offense. Seconded by Councilmember Rossbach Ayes-Councilmembers Juenemann, Koppen, Rossbach and Monahan-Junek Nays-Mayor Cardinal L. VISITOR PRESENTATIONS None M. COUNCIL PRESENTATIONS 1. Mayor's Forum-There will not be a Mayor's Forum the first Saturday in February. The March 6th Mayor's Forum will be held at Maplewood Fire Station 3. 2. North High School-Mayor Cardinal recently visited North High School, which has a population of over 2000 students. The Mayor expressed how fortunate the city is to have such a great facility available for students and encouraged others to also visit the school. Councilmember Monahan-Junek attended a 622 Citizen's Finance Committee and commented that the principal was very appreciative of the Mayor's visit. 3. Ramsey County League of Local Government-Legislator Night will be held January 29a' from 7:00 p.m. to 8:30 p.m., and is located at the corner of University Avenue and Rice Street. 4. Rush Line Corridor-Councilmember Rossbach attended the most recent Rush Line Task Force meeting and reported that the City of Forest Lake in Washington County is building a station that will include a library area and medical office along with the transit station. Councilmember Rossbach would like to see a public format to keep citizens informed on the progress of the corridor, with the Mayor suggesting the city website as a good vehicle to provide this information. 5. 800MHz Committee-Councilmember Juenemann attended the meeting as the city's temporary representative and reported that the committee did not resolve what cities actually had elected officials as representatives. The committee did address goal setting and funding options for these goals. The neat meeting will be held in February. N. ADMINISTRATIVE PRESENTATIONS 1. Council/Manager Workshop-A council/manager workshop will be held at 6:00 pm. on February 9~'to discuss commission appointments. 2. NRI (National Resources Inventory) Committee (Met Council)-Mayor Cardinal and City Counci101-26-04 25 Councilmembers Juenemann and Rossbach are all interested in serving on this committee dependent on the meeting schedule. City Manager Fursman will inquire further as to how many representatives they are interested in and the day and time schedule. O. ADJOURNMENT Councilmember Juenemann moved to adjourn the meeting at 9:47 p.m. Seconded by Councilmember Monahan-Junek Ayes -All City Counci101-26-04 26