HomeMy WebLinkAbout06-12-1995 MINUTES OF MAPLE4100D City Council
7:00 P.M., Monday, June 12, 1995
Council Chambers, Municipal Building
Meeting No. 95-11
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota was held in the Council
Chambers, Municipal Building, and was called to order at 7:00 P.M. by Mayor Bastian.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL:
Gary W. Bastian, Mayor Present
Sherry Allenspach, Councilmember Present
Dale H. Carlson, Councilmember Present.
Marvin C. Koppen, Councilmember Present....
George F. Rossbach, Councilmember Present
D. APPROVAL OF MINUTES:
1. Minutes of Meeting 95-10, (May 22, 1995)
Councilmember Rossbach moved to approve the minutes of Meeting No. 95-10
(Mav 22. 1995) as presented.
Seconded by Councilmember Carlson Ayes all
E. APPROVAL OF AGENDA:
Mayor Bastian moved to aQprove the Agenda as amended:
L1 Mayor's Update
L2 Outside Beer
Delete Item F-8, Proposed Settlement - Metro Supervisory Association
Seconded by Councilmember Allenspach Ayes - all
EA. APPOINTMENTS/PRESENTATIONS
1. Proclamation - Flag Day
a. Mayor Bastian introduced the following Proclamation and moved its
adoption:
1 6-12-95
PROCLAMATION
WHEREAS, on Wednesday, June 14, the Nation is celebrating FLAG DAY; and
WHEREAS, the flag of the United States of America has come to mean many
different things to many different people, but it still stands as'the single
most identified symbol for the American way; and
WHEREAS, American pride can be seen and heard when all people rise as a
group to face our flag and recite the Nation's Pledge of Allegiance; and
WHEREAS, the flag and the Pledge of Allegiance both are affirmations by
the people of our Nation of their shared beliefs in the United States of
America and our way of life; and
WHEREAS, on FLAG DAY, people of all races, ages, religions, national
origins, political ideals, and geographical locations within the Nation will
come together as a single body to celebrate our flag, our nation, our
history, our traditions, and our future.
NOW. THEREFORE, BE IT RESOLVED, that the I and the Maplewood City
Council do hereby proclaim Wednesday, June 14, 1995 FLAG DAY in the City of
- Maplewood; and hereby encourage all residents of the City to take a few
moments of their day on June 14 to give thanks for being a citizen of the
great country in which we live.
Seconded by Councilmember Carlson ayes - all
F. CONSENT AGENDA:
Councilmember Carlson moved. seconded by Councilmember Koppen: ayes - all.
to approve the Consent Agenda. items F-1 thru F-7 and F-9 as recommended.
(Item F•8 deleted from Agenda.)
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: 31,184,115.31 Checks #4317 - #5035
Dated 5-11-95 thru 5-31-95
3 248.927.73 Checks #202U -#20406
Dated 6.12.95
31.433,043.04 Total Accounts Payable
PAYROLL: S 254.214.36. Payroll Checks #81256 thru #81527
Dated 5-19-95
3 50,787.93 Payroll Deduction Checks #81532 thru
#81549 dated 5-19-95
3 258,381.52 Payroll Checks #81850 thru #81848
Dated 6- 2-95
3 50 056.12 Payroll Deduction Checks #81830 thru
#81848 dated 6- 2-95
3 613.439.93 Total Payroll
32.046.482.97 GRAND TOTAL
- 2 6-12-95
2. Hill Murray Fathers Club - Charitable Gambling at Champps
Adopted the following Resolution:
95-06-71
APPROVING CHARITABLE GAMBLING - HILL MURRAY FATHERS CLUB
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota; that
the premises permit for lawful gambling is approved for Hill Murray Fathers
Club located at Champps, 1734 Adolphus Street.
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 Minn. Statutes No. 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 Minn. Statutes No. 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.
3. North Maplewood Lions - New Gambling Manager (Kenneth M. Weinert)
Approved Kenneth M. Weinert as the new gambling manager for the North
Maplewood lions.
4. Conditional Use Permit Time Extension - George's Auto Body
Reviewed and renewed for five years, the Conditional Use Permit allowing a
metal building at 1225 Frost Avenue, in a Business Commercial District. Mr.
- George Hirsch is operating George's Auto Body at that address.
5. Cooperative Agreement - Mall Area Traffic Improvements, Project 89-21
Authorized execution of a cooperative agreement between Maplewood and Ramsey
County relative to Maplewood Mall Traffic Improvement, Project 89.21.
6. Sanitary Sewer Repair Budget Adjustment
Authorized execution of an agreement between the City of Maplewood and
Insituform Central, Inc. for sanitary sewer repair and also authorized a
fund transfer of 38,240 from the Sewer Fund Contingency Account to the
Operating Budget, Account 4470 to cover unexpected additional repairs.
7. Contingency Request - Publishing Costs
Authorized a transfer of 35,000 from the General Fund Contingency Account
to the Executive Division Publishing Account to cover anticipated cost of
publishing employment ads for the balance of 1995.
8. Proposed Settlement - Metro Supervisory Association
DELETED FROM AGENDA
3 6-12-9E
9. July Council/Manager Workshop
Rescheduled the July 31, 1995 Council/Manager meeting to Monday, July 17,
1995 from 5:00 P.M. to 8:00 P.M.
G. PUBLIC HEARINGS
1. 7:00 P.M.: Carefree Cottages of Maplewood (Phase III)(Gervais Avenue)
a. Mayor Bastian convened the meeting for a public hearing regarding a
proposal by Gerald and Bruce Mogren (representing Carefree Cottages of
Maplewood III) to build 142 units of senior housing on the north side of
Gervais Avenue between Rainbow Foods and the existing Carefree Cottages
of Maplewood.
b. Manager McGuire presented the staff report.
c. Director of Community Development Coleman presented the specifics of the
report.
d. Commissioner Milo Thompson presented the Planning Commission report.
e. Boardmember Marv Erickson presented the Community Design Review Board report.
f. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following persons were heard:
Harlan Hess, 2472 Flandrau
Art Wilde, 2465 Flandrau
Justin Mailman, 2400 Flandrau
Bruce Mogren, the developer
Patty Mogren, resident manager of Carefree Cottages
Mary Bifulk, Carefree Cottages resident
Clarence Roth, Carefree Cottages resident
Joe Zappa, 2522 Flandrau
g. Mayor Bastian. closed the public hearing.
Land Use Plan Change (LBC to RH)
h. Councilmember Rossbach introduced the following Resolution and moved its
_ adoption:
95-06-72
LAND USE PLAN CHANGE - LBC TO RH AND OS - CAREFREE COTTAGES PHASE III
WHEREAS, Gerald and Bruce Mogren applied for a change to the City's land use plan
from LBC (limited business commercial) to RH (residential high density) and OS (open
space).
WHEREAS, this change applies to the undeveloped property located on the north
side of Gervais Avenue between Rainbow Foods and Carefree Cottages of Maplewood
(Phases I and II).
WHEREAS, the history of this change is as follows:
4 6-12-95
1. On May 15, 1995, the Planning Commission held a public hearing. The City
staff published a hearing notice in the Maplewood Review and sent
notices to the surrounding property owners. The Planning Commission gave
everyone at the hearing a chance to speak and present written
statements. The Planning Commission recommended that the City Council
approve the plan amendments.
2. On June 12, 1995, the City Council discussed the land use plan changes.
They considered reports and recommendations from the Planning Commission
and City staff.
NOW, THEREFORE, BE IT RESOLVED that-the City Council approve the above-described
changes for the following reasons:
1. This site is proper for and consistent with the City's policies for
high-density residential use. This includes:
a. Expanding the transitional land use between low-density
residential and commercial land uses.
b. It is next to a collector street and is near two churches,
- shopping, an arterial street and Four Seasons Park.
2. This development will minimize any adverse effects on surrounding
properties because:
a. The existing ponds and wetland areas will separate the senior
housing from nearby homes.
b. Studies have shown there will be no adverse effect on property
values.
c. There would be no traffic from this development on existing
residential streets.
3. The City had planned this site for RH land use from 1973 - 1983.
4. In 1983, the City gave concept approval to a senior housing project on
this site.
Seconded by Councilmember Koppen Ayes - all
Conditional Use Permit
i. Councilmember Rossbach introduced the following Resolution and moved its
adoption:
95-06-73
CONDITIONAL USE PERMIT - PLANNED UNIT DEVELOPMENT - CAREFREE COTTAGES PHASE III
WHEREAS, Gerald and Bruce Mogren applied for a conditional use permit (CUP) for
the Carefree Cottages of Maplewood (Phase III) planned unit development (PUD).
WHEREAS, this permit applies to the undeveloped .property on the north side of
Gervais Avenue between Rainbow foods and the Carefree Cottages of Maplewood (Phases
I and II). The legal description is:
5 6-12-9E
Lot 5, Block 1, Maple Ridge Mall and the South 989.64 feet
of Lot 1, E. G. Roger's Garden Lots except the Westerly 280
feet thereof in Section 11, Township 29. Range 22.
WHEREAS, the history of this conditional use permit is as follows:
1. On May 15, 1995 the Planning Commission recommended that the City
Council approve this permit.
2. On June 12, 1995, 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 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. A11 construction shall follow the site plan dated May 24, 1995, except
that all buildings, including garages shall be at least ten feet apart.
The City Council may approve major changes. The Director of Community
Development may approve minor changes.
6 6-12-95
2. The proposed construction must be substantially started within one year
of council approval or the permit shall end. The council may extend
this deadline for one year.
3. The owner shall not convert this development to non-seniors housing
without the revision of the planned unit development. For this permit,
the City defines seniors housing as a residence occupied by persons that
are 62 years of age or older.
4.* Have the City Engineer approve final construction and Engineering plans.
These plans shall include: grading, utility, drainage, erosion control.
tree and driveway and parking lot plans. The plans shall meet the
following conditions:
a. The erosion control plan shall be consistent with City Code.
b. The grading plan shall include proposed building pad elevation
and contour information for each building site.
c. The tree plan shall show:
1) Where the developer or contractor will remove,' save or
replace large trees.
2) The size, species and location of any trees that the
developer will plant as replacement trees.
3) All trees that the developer will plant shall be at
least 2 1/2 inches in diameter.
There shall be no tree removal past the approved grading and
tree limits.
d. All the parking areas and driveways shall have continuous
concrete curb and gutter except where the City Engineer decides
that it is not needed for drainage purposes.
5. The design of the NURP pond shall be subject to the approval of the City
Engineer. The developer shall give the City an easement for this pond
and shall be responsible for getting any needed off-site pond and
drainage easements.
6. The design of the propane storage area and its access shall be subject
to the approval of the Fire Marshal.
7. There shall be no outdoor storage of recreational vehicles, boats or
trailers.
8. Residents shall not park trailers and vehicles that they do not need for
day-to-day transportation on site. If the City decides there are excess
parking spaces available on site, then the City may allow the parking of
these on site.
9. If the City Council decides there is not enough on-site parking after
the buildings are 95 percent occupied, the City may require additional
parking.
7 6-12-95
10. The developer or contractor shall:
a. Complete all grading for the site drainage and the pond.
complete all public improvements and meet all City requirements.
_ b. *Place temporary orange safety fencing and signs at the grading
limits.
c. Install permanent signs around the edge of the wetland buffer
easements. These signs .shall mark the edge of the easements and
shall state there shall be no mowing, vegetation cutting,
filling or dumping.
d. Install survey monuments along the wetland boundary.
e. Remove any debris, junk or fill from the wetlands and site.
11. The developer shall provide an on-site storm shelter in the apartment
building. This shelter shall be subject to the approval of the Director
of Emergency Preparedness. It shall have a minimum of three square feet
per person for 80X of the planned population.
12. *The developer shall give the City wetland easements over the wetlands.
The easements shall cover the wetlands and any land within twenty feet
surrounding a wetland. These easements shall prohibit any building,
mowing, cutting, filling or dumping within twenty feet of the wetland or
within the wetland itself. The purpose of this easement is to protect
the water quality of the wetlands from fertilizer and to protect the
wetland habitat from residential encroachment.
13. *The developer shall give the City a market study. This study must
document that there will be enough demand from seniors (62 or older) to
keep this a senior housing project. The City must approve this study.
14. The City Council shall review this permit in one year.
e eve oper must complete these conditions before the City issues a
_ grading permit or a building permit.
Seconded by Councilmember Koppen ayes - all
Parking Reduction Authorization
_ j. Councilmember Rossbach moved to authorize 194 parkins spaces (124 garage
and 70 open). rather than the 284 required be Code because:
1) The parking space requirement is not proper for senior housing
because there are fewer cars per unit in these projects; and
2) The City has approved fewer parking spaces for other senior
housing, including the Village on Woodlynn and the Carefree
Cottages to the west of this site.
Seconded by Councilmember Koppen ayes all
8 6-12-9E
Vacations
k. Councilmember Rossbach introduced the following Resolution and moved its
adoption:
95 - 06 - 74
- EXCESS DRAINAGE EASEMENT VACATION - CAREFREE COTTAGES PHASE III
WHEREAS, Gerald and Bruce Mogren applied for the vacation of the following-
described easements and right-of-way:
1. The drainage easement over the Northeasterly 320 feet of Lot 5, Block 1,
Maple Ridge Mall. Ramsey County Minnesota as dedicated on said plat.
2. All that part of the storm water ponding easement recorded as document
number 1021793 (Torrens) over Lot 5, Block 1, Maple Ridge Mall, Ramsey
County, Minnesota, said easement described as follows:
A drainage easement over and across those parts of Lot 1, E. G. Roger's
Garden Lots and Lot 5, Block 1. Maple Ridge Mall described as follows:
Beginning at the Northeast corner of said Lot 1; thence North 89
degrees, 24 minutes. 04 seconds West (assumed bearing) along the
North line of said Lot 1 a distance of 145.7 feet: thence south 34
degrees 54 minutes 34 seconds West 150.11; thence south 36 degrees
46 minutes 38 seconds East 234.05 feet; thence north 80 degrees 14
minutes 52 seconds east 596.61 feet to a point on the southwesterly
line of existing drainage easement on said Lot 5: thence north 27
degrees 45 minutes 48 seconds west along said Southwesterly line of
said drainage easement 235 feet to the North line of said Lot 5;
thence north 89 degrees 59 minutes 41 seconds west along said North
line of Lot 5 and its westerly extension 387.05 feet to the point of
beginning.
3. That part of Demont Avenue measuring 33 feet by 33 feet in the northwest
corner of Lot 5, Block 1. Maple Ridge Mall, Ramsey County. Minnesota as
dedicated on said plat.
WHEREAS, the history of these vacations are as follows:
1. On May 15, 1995, the Planning Commission recommended that the City
Council approve these vacations.
• 2. On June 12, 1995, 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 these vacations, public interest in the property
will go to the following abutting properties:
Lot 5, Block 1, Maple Ridge Mall and the South 989.64 feet of Lot 1,
E. G. Roger's Garden Lots except the Westerly 280 feet thereof in
Section 11, Township 29, Range 22.
9 6-12-9~
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described
vacations for the following reasons:
1. It is in the public interest.
2. The existing easement is larger than the City needs.
3. The developer will dedicate other easements for wetlands and drainage
purposes.
These vacations shall be subject to the developer dedicating new drainage
and wetland easements to the City. The City shall not release this
resolution until the developer has prepared the easement documents for
recording.
Seconded by Councilmember Koppen Ayes - all
Side Yard Setback Variance
1. Councilmember Rossbach introduced the following Resolution and moved its
adoption:
95-06-75
SIDEYARD SETBACK VARIANCE - CAREFREE C0ITAGES PHASE III
WHEREAS, Gerald and Bruce Mogren applied for a variance from the zoning
ordinance.
WHEREAS, this variance applies to the undeveloped property on the north side of
Gervais Avenue between Rainbow Foods and the Carefree Cottages of Maplewood (Phases
I and II). The legal description is:
Lot 5, Block 1, Maple Ridge Mall and the South 989.64 feet of Lot 1, E. G.
Roger's Garden Lots except the Westerly 280 feet thereof in Section 11,
Township 29, Range 22.
WHEREAS, Section 36-28(c)(6)(b) of the Maplewood Code of Ordinances requires the
proposed buildings to have a 50-foot setback from the west property line.
WHEREAS, the applicant is proposing a 10-foot setback for detached garages, a 28-
foot setback for attached garages and a 20-foot setback for the apartment building.
WHEREAS, this requires variances of 40 feet, 22 feet, and 30 feet respectively.
WHEREAS, the history of this variance is as follows:
1. On May 15, 1995, the Planning Commission recommended that the City
Council approve this variance.
2. On June 12, 1995, the City Council held a public hearing. The City staff
published a notice in the Maplewood Review and sent notices to the
surrounding property owners. The council gave everyone at the hearing an
opportunity to speak and present written statements. The council also
considered reports and recommendations from the City staff and Planning
Commission.
10 6-12-9E
NOW, THEREFORE. BE IT RESOLVED that the City Council approve the above described
variance for the following reasons:
1. It would meet the spirit and intent of the ordinance for the following
reasons:
a. The smaller setback would not affect the existing senior housing
_ to the west. The nearest living unit would be 30 feet from the
proposed buildings.
b. The closer setback would not affect the adjacent properties on
the west side of the site since the proposed buildings are
similar to the existing buildings in style and use.
c. If the property line was not between phases of the development,
the buildings could be 20 feet apart.
2. Strict enforcement of the Code would cause undue hardship. The developer
cannot move the buildings further east and still the City's parking and
access needs.
3. The variance is in keeping with the spirit and intent of the ordinance.
Seconded by Councilmember Koppen Ayes - all
Design Approval
m. Councilmember Rossbach moved to approve the landscape plan dated April
27. 1995 and the building elevations dated Mav 17. 1995. sub.iect to the
following:
1. Repeat this review in two years if the City has not issued a
building permit for this project.
2. Complete the following before the City issues a building permit:
a. Have the City .Engineer approve final construction and
Engineering plans. These plans shall include: grading,
utility, drainage, erosion control, tree and driveway
and parking lot plans. The plans shall meet the
following conditions:
1) The erosion control plan shall be consistent
with City Code.
2) The grading plan shall include proposed
building pad elevation and contour information
for each building site.
3) The tree plan shall show:
a) Where the developer or contractor. will
remove, save or replace large trees.
b) The size, species and location of any
trees that the developer will plant as
replacement trees.
c) All trees that the developer will plant
shall be at least 2 1/2 inches in
diameter.
There shall be no tree removal past the
approved grading and tree limits.
11 6-12-95
4) All the parking areas and driveways shall have
continuous concrete curb and gutter except
- where the City Engineer decides that it is not
needed for drainage purposes.
5) The design of the NURP pond shall be subject to
the approval of the City Engineer. The
developer shall give the City an easement for
this pond and shall be responsible for getting
any needed off-site pond and drainage
easements.
b. Record with Ramsey County all drainage and wetland
easements required by the City. The wetland easements
shall cover the wetlands and any land within twenty feet
surrounding a wetland. These easements shall prohibit
any building, mowing, cutting,. filling or dumping within
twenty feet of the wetland or within the wetland itself.
The purpose of this easement is to protect the water
quality of the wetlands from fertilizer and to protect
the wetland habitat from residential encroachment. City
staff shall approve these easements before the developer
records them.
c. Submit a certificate of survey for all new construction.
d. Revise the landscape plan for City staff approval
showing:
1) Drop the vegetation around the proposed propane
storage area. The Fire Marshal shall approve
this part of the plan.
2) The driveway between the east end of the
cottages and the storm water pond.
3) The planting of native evergreens on the site
to replace some of the proposed Black Hills
Spruce. These should include eastern red cedar
and eastern arborvitae. These should be on the
north side of the propane storage area and on
the north and west sides of the storm water
pond.
4) Planting (instead of sodding) the disturbed
areas on the west, north and east sides of the
apartment building with native grasses and
native flowering plants. The native grasses and
flowering plants shall be those need little or
no maintenance. This is to reduce maintenance
costs, strengthen the wetland buffer and to
reduce the temptation of mowers to encroach
into the wetland buffer.
5) The planting of native grasses and flowering
plants around the proposed storm water pond.
This type of planting shall extend at least
four feet from the ordinary high water mark
(OHWM) of the pond.
6) The repair and redefinition of the east edge of
the existing pond that is west of the proposed
apartment building. The edge of the pond shall -
be reshaped and planted with sedges, rushes and
cattails.
12 6-12-9~
e. Verify that the apartment building height and all: unit
sizes meet City Code standards.
3. Complete the following before occupying the buildings:
a. Replace property irons that are removed because of this
construction.
b. Restore and sod damaged boulevards.
c. Install reflectorized stop signs at the`Gervais Avenue
exits, a handicap-parking sign for each handicap-parking
space and addresses on each building. In addition, the
applicant shall install stop signs and traffic
directional signs within the site, as required by staff.
d. Screen all roof•mounted equipment visible from streets
or adjacent property, as Code requires.
e. Construct trash dumpster and recycling enclosures as
City Code requires. The enclosures must match the color
of the buildings.
f. Taper the existing sidewalk along Gervais Avenue to
match the driveway grades.
g. Install. an in-ground sprinkler system for all landscaped
areas.
h. Install continuous concrete curb and gutter along all
interior driveways and around all open parking stalls.
i. Install a storm shelter in a central location in the
apartment building. This shelter shall be subject to the
approval of the Maplewood Director of Emergency
Preparedness. It shall have a minimum of three square
feet per person for 80X of the planned population.
j. Install on-site lighting for security and visibility,
subject to City staff approval.
k. Install permanent signs around the edge of the wetland
buffer easements. These signs shall mark the edge of the.
easements and shall state there shall be no mowing,.
vegetation cutting, filling or dumping beyond this
point.
1. Install survey monuments along the boundaries of the
wetlands.
- 4. If any required work is not done, the City may allow temporary
occupancy if
a. The City decides 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
150X of the cost of the unfinished work.
13 6-12-95
c. The City receives an agreement that will allow the City
to complete any unfinished work.
5. All work shall follow the approved plans. The Director of
Community Development may approve minor changes.
6. The applicant shall resubmit the building design changes for the
apartment and apartment garages to the Community Design Review
Board for approval.
_ Seconded by Councilmember Koppen Ayes - all -
n. Mayor Bastian moved to request Staff to arepare a report regarding
comparison of TIF uses with other communities and statewide.
Seconded by Councilmember Carlson Ayes - all
2. 7:20 P.M.(8:32 P.M.) Crestview Forest Townhouses (Mailand Road and Sterling Street)
a. Mayor Bastian convened the meeting for a public hearing regarding a
staff-proposed change to a preliminary plat condition for the Crestview
_ forest Townhouses. The proposed change is relative to the trail to
Vista Hills Park.
b. Manager McGuire presented the staff report.
c. Director of Community Development Coleman presented the specifics of the
report.
d. Director of Parks & Recreation Anderson supplied additional information
regarding the proposal.
e. Commissioner Thompson presented the Planning Commission report.
f. Mayor Bastian opened the public hearing, calling for proponents or
opponents. No one appeared.
g. Mayor Bastian closed the public hearing.
Plat Condition Change
h. Councilmember Carlson moved to approve a change in condition 5 of the
plat approval for the Crestview Forest Townhomes and add a Condition C.
Condition 5 will now be as follows:
5) Provide for the dedication of a 20-foot-wide easement from
Sterling Street to the west property line. The City shall
build the trail on Outlot A of the Beth Heights Addition and
on an easement on the southwest corner of the Crestview
Forest 2nd Addition. The City and the townhouse association
shall stake the exact trail location in the field. The
townhouse association shall give the City any required
easements for this trail.
C) Send correspondence to developer to collect for cost of
trail.
Seconded by Councilmember Koppen Ayes - all
14 6-12-95
Conditional Use Permit Review
i. Councilmember Carlson moved to approve the Conditional Use Permit for
- one year.
Seconded by Councilmember Koppen Ayes - all
3. 7:30 P.M. (8:47 P.M.) ISD #622 Service Center (2055 Larpenteur Avenue)
a. Mayor Bastian convened the meeting for a public hearing regarding a
request for a new parking lot for Independent School District 622 at
2055 East Larpenteur Avenue.
b. Manager McGuire presented the staff report.
c. Director of Community Development Coleman presented the specifics of the
report.
= d. Commissioner Thompson presented the Planning Commission report.
e. Boardmember Erickson presented the Community Design Review Board report.
f. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following persons were heard:
Chuck Wiger, District 622 School Board Chair
Bill Gaslin, District 622 Superintendent
Jeanne Ewald, 1744 Ruth Street
g. Mayor Bastian closed the public hearing.
- Conditional Use Permit
h. Councilmember Carlson introduced the followin4 Resolution and moved its
adoption:
95 - 06 - 76
CONDITIONAL USE PERMIT - PARKING LOT AT DISTRICT 622 SERVICE CENTER
WHEREAS, Independent School District No. 622 is requesting that Maplewood approve
a conditional use permit to build an additional parking lot at the District Service
Center.
WHEREAS, this permit applies to 2055 East Larpenteur Avenue. The legal
description is:
REGISTERED LAND SURVEY N0. 396
WHEREAS, the history of this conditional use permit is as follows:
1. On May 15, 1995, the Planning Commission recommended that the City
Council approve this permit.
15 6-12-9F
2. On June 12, 1995, the City Council held a public hearing. The City staff
published a notice in the paper and sent notices to the surrounding
property owners. The Council gave everyone at the hearing a chance to
speak and present written statements. The Council also considered
reports and recommendations of the City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above described
conditional use permit based on the building and site plans. The City approves this
permit because:
1. The use would be located, designed, maintained, constructed and operated
to be in conformity with the City's comprehensive plan and Code of
ordinances.
2. The use would hot 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 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 started within one year after 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.
Seconded by Mayor Bastian Ayes all
16 6-12-95
Design Approval
i. Councilmember Carlson moved to approve the design plans stamped April
18. 1995 for Independent School District 622's parking lot addition.
sub.iect to compliance with the following conditions:
1. Repeat this review in two years if the City has not issued a
permit for this project.
2. Submit a grading, drainage. and erosion control plan for the City
Engineer's approval. The erosion control plan shall be
consistent with the Ramsev Soil and Water Conservation District
Erosion Control Handbook.
3. Get an access easement from the adjacent property owner to the
east for the Beebe Road driveway connection or obtain the land
by fee title. Fee title shall require getting approval of a lot
split by the City.
4. Complete the following:.
a. Restore and sod•damaged boulevards.
b. Install a reflectorized stop sign and a handicap•parking
sign for each handicap-parking space.
c. Install continuous concrete curbing around all existing
and proposed parking and drive areas. (Code
requirement)
d. Install parking lot lighting. Lighting shall not exceed
one•foot•candle of light intensity at any residential
property line. The contractor shall shield or aim the
lights so the light source is not visible. (Code
requirement)
5. All work shall follow the approved plans. The Director of
Community Development may approve minor changes.
6. Future Conditional Use Permit users be put on notice that the
City Council reserves the right to deal with the cooperative use
of the contiguous parking facilities to better serve the
neighboring properties.
Seconded by Mayor Bastian Ayes - all
4. 7:45 P.M. (9:03 P.M.) City and County Employees Credit Union Support Center (North
of 1661 Cope Avenue)
a. Mayor Bastian convened the meeting for a public hearing regarding a
proposal by the City and County Employees Credit Union to build a
10,080•square-foot, one-story office building north of their existing
building and an automatic teller machine along the proposed north•south
driveway.
b. Manager McGuire presented the staff report.
17 6-12-9c
c. Director of Community Development Coleman presented the specifics of the
report.
d. Boardmember Erickson presented the Community Design Review Board report.
e. Commissioner Thompson presented the Planning Commission report.
f. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following person was heard:
Sheldon Sandborn, President of the City County Credit Union
g. Mayor Bastian closed the public hearing.
Conditional Use Permit
h. Councilmember Allenspach introduced the following Resolution and moved
its adoption:
95-06-77
CONDITIONAL USE PERMIT - OFFICE BUILDING & ATM IN M-1
WHEREAS, the City & County Employees Credit Union applied for a conditional use
permit to build an office building and install an automatic teller machine in a M-1
(light manufacturing) district that would be closer than 350 feet to a residential
district.
WHEREAS, this permit applies to the property north of 1661 Cope Avenue. The
legal description is:
ALL THAT PART OF LOT 12, E.G. ROGERS' GARDEN LOTS LYING SOUTH OF THE
CENTER -LINE OF STATE TRUNK HIGHWAY N0. 36, EXCEPT THE WEST 52.47
FEET AND THE SOUTH 270 FEET OF THE EAST 230 FEET OF SAID LOT 12,
SUBJECT TO SAID HIGHWAY AND SUBJECT TO EASEMENTS OF RECORD.
WHEREAS, the history of this conditional use permit is as follows:
1. On May 15, 1995, the Planning Commission recommended that the City
Council approve this permit.
2. The City Council held a public hearing on June 12, 1995. City staff
_ published a notice in the paper and sent notices to the surrounding
property owners as required by law. 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.
18 6-12-95
4. The use would not involve any activity, process, materials, equipment or
methods of operation that would be dangerous, hazardous, detrimental.
disturbing or cause a nuisance to any person or property, because of
excessive noise, glare, smoke, dust, odor, fumes, water or air
pollution, drainage, water run-off, vibration, general unsightliness,
electrical interference or other nuisances.
5. The use would generate only minimal vehicular traffic on local streets
and would not create traffic congestion or unsafe access on existing or
proposed streets.
6. The use would be served by adequate public facilities and services,
including streets, police and fire protection, drainage structures,
water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public
facilities or services.
8. The use would maximize the preservation of and incorporate the site's
natural and scenic features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
_ 1. 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.
3. The City Council shall review this permit in one year.
Seconded by Councilmember Koppen Ayes - all
Parking Reduction Authorization
i. Councilmember Allenspach moved to a rove 22 fewer arkin s aces than
are required by Code based on the fo lowing:
a) The proposed addition is support-oriented and would not generate
customer or membership traffic.
b) Much of the proposed building would be used for storage.
c) There is room available on the site for 22 more parking stalls
if a shortage develops.
If a parking shortage develops, the City Council may require that
the applicant provide additional parking spaces in accordance with
City parking requirements.
Seconded by Councilmember Koppen Ayes - all
19 6-12-95
Design Approval
j. Councilmember Allenspach moved to approve the site and landscaping olans
stameed April 14 1995 and the building elevations stamped April 28.
1995 subiect to the findings required by the Code. The property owners
shall:
a) Repeat this review in two years if the City has not issued
a building permit for this project.
b) Submit the following before the City issues a building permit
for this building:
1) A plan for staff approval showing the design of the
trash dumpster enclosure with a 100% opaque closeable
gate. This enclosure shall be compatible with the
design and colors of the building. (Code requirement)
- 2) A roof-equipment screening plan for review board
approval if there is to be any roof-top mechanical
equipment visible from adjacent properties or roadways.
(Code requirement)
3) A grading, drainage, utility and erosion control plan to
the City Engineer for approval. The erosion control
plan shall be consistent with the Ramsey Soil and Water
Conservation District Erosion Control Handbook.
4) A revised landscape plan for staff approval showing six
trees along the north lot line for site beautification.
5) Written verification that the deed has been recorded
creating this site.
6) The design plans for staff approval for the automatic
teller machine.
c) Complete the following before occupying the building:
1) Replace property irons that are removed because of this
construction.
2) Install handicap parking signs for each handicap parking
space and an address on the building.
3) Build the north/south driveway along the west lot line
that connects to the credit union parking lot to loop
the traffic flow. (uniform fire Code requirement)
4) Screen all roof-mounted equipment visible from streets
or adjacent property. (Code requirement)
5) Install an in-ground sprinkler system for all landscaped
areas. (Code requirement)
6) Provide continuous concrete curbing along all pavement.
(Code requirement)
7) Provide parking lot lighting in accordance with the City
Code.
d) If any required work is not done, the City may allow temporary
occupancy if
i) The City determines that the work is not essential to
the public health, safety or welfare.
2) The City receives a cash escrow or an irrevocable letter
of credit for the required work. The amount shall be
150X of the cost of the unfinished work.
3) The City receives an agreement that will allow the City
to complete any unfinished work.
20 6-12-95
e) Al l work shal 1 fol 1 ow the approved plans, The Director of
Community Development may approve minor changes.
Seconded by Councilmember Koppen Ayes - all
H. AWARD OF BIDS
1. Bituminous Overlay -Project 95-09
a. Manager McGuire presented the staff report.
b. Assistant City Engineer Matthys presented the specifics of the report.
c. Councilmember Carlson introduced the following Resolution and moved its adoption:
95-06-78
RESOLUTION FOR AWARD OF BIDS
BE IT RESOLVED BY THE City Council OF MAPLEWOOD, MINNESOTA, that the bid
of Tower Asphalt, Inc., in the amount of E21.75/Ton is the lowest
responsible bid for the construction of City Project 95-09, Bituminous
Overlay, 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.
Seconded by Councilmember Koppen Ayes - all
I. UNFINISHED BUSINESS
NONE
J. NEW BUSINESS.:
1. Carver School Bid Award
a. Manager McGuire presented the staff report.
b. Director of Parks & Recreation Anderson presented the specifics of the
report.
c. Mayor Bastian asked representatives of the School District 622 to come
forward The following appeared.
Chuck Wiger, District 622 School Board Chair
Bill Gaslin, District 622 Superintendent
Richard Nordic, representing Kraus Anderson
d. Councilmember Koppen moved to proceed with Option G2. with E575.000 in
funding from the P.A.C. Fund.
Seconded by Councilmember Carlson , Ayes - all.
21 6-12-9~
2. Maplewood Pet Clinic - 2811 White Bear Avenue
a. Manager McGuire presented the staff report..
b. Director of Community Development Coleman presented the specifics of the
report.
c. Boardmember Erickson presented the Community Design Review Board report.
d. Mayor Bastian asked if anyone wished to speak before the Council
regarding this matter. The following was heard:
Bill Hickey, the applicant
Parking Reduction Authorization
e. Councilmember Koppen moved to approve a reduction of seven in the number
of parkins spaces required. since:
1) The kennel area would not generate any traffic to the site.
2) The amount of parking spaces required by Code exceeds the actual
amount needed as demonstrated by other veterinarian clinics.
_ 3) Reducing the number of spaces would preserve green area and less
the amount of impervious surface on the site.
Approval is subject to the property owner (present or future) adding
more parking spaces if a parking shortage develops. The City may
also require additional parking spaces at the time of building
permit issuance if there is a change in occupancy.
Seconded by Councilmember Allenspach Ayes all
Design Approval
f. Councilmember Koppen moved to approve the plans stamped March 7. 1995
for the Maplewood Pet Center at 2811 White Bear Avenue. sub.iect to the
findinss required by the Code. The developer shall do the followins:
1) Repeat this review in two years if the City has not issued
a building permit for this project.
2) Complete the following before the City issues a building permit:
a) Submit a grading, drainage, utility and erosion control
plan to the City Engineer for approval. The erosion
control plan shall be consistent with the Ramsey Soil
and Water Conservation District Erosion Control
Handbook.
b) Have the property staked with surveyor irons.
c) Revise the site plan for staff approval showing the
following changes:
(1) At least 18 parking spaces.
(2) Continuous concrete curbing.
(3) A striping plan showing 9 1/2-foot-wide spaces
and handicap spaces that meet ADA (Americans
with Disabilities Act) requirements.
(4) "Proof-of-parking" fora total of 25 spaces or
as many spaces that can feasibly be placed on
site.
(5) Elimination of the three "dead end" spaces.
22 6-12-9b
d) Revise the building elevations for staff approval
showing vinyl or aluminum siding instead of wood lap
siding and substituting the plain concrete block with a
decorative variety of block.
3) Complete the following before occupying the building:
a) Restore and sod damaged boulevards.
b) Install handicap-parking signs for each handicap•parking
space and an address on the building.
c) Screen all roof mounted equipment visible from streets
or adjacent property.
d) Construct a trash dumpster enclosure if there is any
outdoor trash storage. The enclosure must match the
color of the building and have a closeable gate. The
enclosure and gate must be 100% opaque. Wood-fence
enclosures must be protected with concrete-filled steel-
pipe bollards.
e) Install an in-ground sprinkler system for all landscaped
- areas.
4) If any required work is not done, the City may allow temporary
occupancy if
a) The City determines that the work is not essential to
the public health, safety or welfare.
b) The City receives a cash escrow or an irrevocable letter
of credit for the required work, -The amount shall be
150% of the cost of the unfinished work.
c) The City receives an agreement that will allow the City
to complete any unfinished work.
5) All work shall follow the approved plans, The Director of
Community Development may approve minor changes.
Seconded by Councilmember Allenspach Ayes - all
3. Feasibility Study - Maplewood/Woodbury Joirrt Sanitary Sewer
a. Manager McGuire presented the staff report.
b. Assistant City Engineer Matthys presented the specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. No one appeared.
d. Councilmember Koppen moved to authorize staff to .iointly (with the Citv
_ of Woodbury) perform a study of the feasibility of providing sanitary
sewer service along Century Avenue north of Highwood. and to establish
a budget of E5.000 for that purpose.
Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers
Allenspach, Carlson, Koppen
Nays - Councilmember Rossbach
23 6-12-95
4. Trash/Litter Ordinance
a. Manager McGuire presented the staff report.
b. Director of Community Development Coleman presented the specifics of the
report.
MAYOR BASTIAN LEFT THE MEETING AT 9:46 P.M.
ACTING MAYOR CARLSON ASSUMED THE CHAIR
c. Acting Mayor Carlson asked if anyone wished to speak before the Council
regarding this matter. No one appeared.
NO ACTION WAS TAKEN ON THIS ITEM
MAYOR BASTIAN REASSUMED THE CHAIR AT 9:55 P.M.
K. VISITOR PRESENTATIONS
1. Bill Given, Prom Catering;
a. Mr. Given commented on the problems he had encountered with his
application for a 3.2 Beer License at Aldrich Arena.
b. City Attorney Kelly, Director of Public Safety Collins and Deputy City
Clerk Behm responded to questions from the Council.
c. Councilmember Carlson moved to direct staff to research the requirements
and procedures for options for issuing 3.2 Beer Licenses to be submitted
at the June 26. 1995 meeting.
Seconded by Councilmember Rossbach Ayes - all
2. Mr. Lopez, Minnesota Youth Baseball Association
a. Mr. Lopez commented on his inability to obtain a Charitable Gambling
License in Maplewood and the length of time involved in the application
process and request to be heard at the next Council meeting.
b. Director of Public Safety Collins responded to questions from the
Council.
c. Council directed Mr. Lopez to read the staff report and contact the
Manager if further action is requested.
d. Council directed staff to review the requirements and procedures for
issuing Charitable Gambling Licenses.
L. COUNCIL PRESENTATIONS
1. Mayor's Update
a. Mayor Bastian updated the Council on various meetings and activities.
24 6-12-95
2. Outside Beer
a. Mayor Bastian reported a call had been received from Maplewood Bowl
regarding the possibility of having beer outside the building during a
Muscular Dystrophy fund raiser.
b. Council directed staff to review this type of situation along with the
review of 3.2 beer licensing practices.
M. ADMINISTRATIVE PRESENTATIONS
1. Open Space Progress
a. Manager McGuire reported on the status of the various Open Space sites.
N. ADJOURNMENT OF MEETING
u lle E. Aurelius, City Clerk
25 6-12-9~