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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~