HomeMy WebLinkAbout06-24-1996 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, June 24. 1996
_ Council Chambers. Municipal Building
Meeting No. 96.12
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 96-i1, (June 10, 1996)
Councilmember Allenspach moved to approve the minutes of Meetin4 No. 96.11
(June 10. 1996) as presented.
Seconded by Councilmember Carlson Ayes - all
E. APPROVAL OF AGENDA:
Mayor Bastian moved to approve the Agenda as amended:
L1 Mayor's Update
Move F-7 to Become I.2
Table Item J-1, Traffic Study, to July 8, 1996
- Seconded by Councilmember Carlson Ayes - all
EA. APPOINTMENTS/PRESENTATIONS
1, HRA Appointment
a. Manager McGuire presented the staff report.
b. Joe O'Brien, 1706 Lark Avenue, appeared before the Council to answer questions.
c. Councilmember Carlson moved to appoint Joe O'Brien to the Maplewood Housino
and Redevelopment Authority.
Seconded by Councilmember Koppen Ayes - all.
6-24-96 1
F. CONSENT AGENDA:
Councilmember Rossbach moved seconded by Mavor Bastian: ayes - all. to
table Item F-3 Conditional Use Permit Review of Carefree Cottages of
Maplewood Phase III until staff is brings it back before Council.
Councilmember Rossbach moved seconded by Mavor Bastian: aves - all. to
approve the Consent Agenda Items F-1. F-2. and F-4 thru F-6, as
recommended (Item F-3 tabled and Item F-7 moved to become I-2)
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: $ 233,743.79 Checks #6408 - #6433 Dated 5-30-96 thru 6-5.96
$ 124,262.06 Checks #25997 - #26090 Dated 6.11.96
$ 106,720.18 Checks #6434 - #6446 Dated 6.6-96 thru 6-12-96
$ 132.619.09 Checks #26097 - #26247 Dated 6-18-96
$ 597,345.12 Total Accounts Payable
PAYROLL: $ 272,998.49 Payroll Checks Dated 6-14-96
$ 47,889.08 Payroll Deduction Checks #52841 - #52854 Dated 6-14-96
$ 320,887.57 Total Payroll
$ 918.232.69 GRAND TOTAL
2. Highwood Fifth Addition Final Plat (O'Day Street)
Approved the Highwood Fifth Addition final-plat subject to the County
recording the deed transferring Lot 1, Block 1 of the Highwood Fifth
Addition to the City.
3. Conditional Use Permit Review - Carefree Cottages of Maplewood - Phase III (Gervais
Avenue)
TABLED TO FUTURE DATE
4. Resolution Approving Financing of a Joint Ice Arena
Approved the following Resolution:
96 - 06 - 72
RESOLUTION APPROVING FINANCING OF A JOINT ICE ARENA, -
MAKING CERTAIN FINDINGS WITH RESPECT THERETO AND
AUTHORIZING THE ISSUANCE OF A GENERAL OBLIGATION BOND TO EVIDENCE OBLIGATIONS
UNDER A JOINT POWERS AGREEMENT
A. WHEREAS, the City of Maplewood (the "City"), Independent School District Number
622 (North St. Paul-Oakdale/Maplewood), Minnesota (the "District") and the City
of Oakdale ("Oakdale") have heretofore entered into a Joint Powers Agreement, as
amended, effective as of January 1, 1996 (collectively, the "Joint Powers
Agreement"), pursuant to which they established a Joint Powers Board to
construct, operate and maintain an indoor ice arena intended to be used
predominantly for youth athletic activities (the °'Joint Ice Arena"):
6-24-96 2
B. WHEREAS, the Joint Powers Agreement provides that the District will issue its
general obligation bonds in the principal amount not to exceed $1,950,000 (the
"Bonds") to finance the construction of the Project and that if the Pledged
Revenues (as defined in the Joint Powers Agreement} are insufficient to pay debt
service on the Bonds of the City and Oakdale will each pay the District one third
of the deficiency:
C. WHEREAS, the Joint Powers Agreement provides that the City's and Oakdale's
obligation to pay any deficiency shall be evidenced by a general obligation bond
issued and delivered to the District:
D. WHEREAS, pursuant to the Agreement, the City, the District and Oakdale are
required to approve the Joint Ice Arena and its financing and find, based on
analysis provided by Springsted Incorporated, a professional organization
experienced in finance, that the gross revenues of the Joint Ice Arena and other
available money will be sufficient to repay the Bonds, without reliance on a
property tax levy or general purpose state aid;.
E. WHEREAS, a report on the feasibility of the Project originally dated September
15, 1995, as amended and supplemented by revised schedules dated April 16. 1996.
has been prepared by Springsted Incorporated, a professional organization
experienced in finance (the "Springsted Report"); and
NOW. THEREFORE. BE IT RESOLVED by the City Council of the City of Maplewood,
Minnesota, as follows:
1. Authorization; Findin4s. The City Council hereby finds, based on the analysis
provided in the Springsted Report, that the gross revenues of the Joint Ice Arena
and other available money will be sufficient to repay the Bonds. without reliance
on a property tax levy or general purpose state aid within the meaning of
Minnesota Statutes. Section 475.58, Subdivision 3, paragraph (a) (3).
2. Approval of Pro.iect. The City Council hereby approves the Joint Ice Arena and
the issuance of the Bonds to finance the Joint Ice Arena.
3. Issuance of City Bond. The City Council hereby authorizes the issuance of the
general obligation bond (the "City Bond"} in the principal amount of $650,000 in
substantially the form attached hereto as Exhibit A. The Mayor and the Clerk are
hereby authorized and directed to execute the City Bond and deliver it to the
District prior to the issuance of the Bonds.
- 5. Resolution Supporting Community Oriented Policing Grant. Program - Hiring New Officers
Approved the following Resolution:
96-06-73
SUPPORTING COMMUNITY ORIENTED POLICING GRANT PROGRAM - HIRING NEW OFFICERS
WHEREAS, the Minnesota Department of Public Safety, under the Minnesota
Omnibus Crime Prevention Act of 1996. has called for grant proposals from
law enforcement agencies for funds to implement community-oriented policing
programs; and,
WHEREAS, the City of Maplewood is actively committed to the
implementation of neighborhood•level community policing efforts: and,
WHEREAS, the ability of the Department to implement these initiatives is
directly affected by the availability of such funds: and,
6-24-96 3
WHEREAS, a prerequisite for municipalities to receive such grant funds
is the existence of a resolution authorizing the police department to enter
into an agreement with the Department of Public Safety for this purpose;
NOW. THEREFORE, BE IT RESOLVED, that the Maplewood Police Department is
authorized to enter into a grant agreement with the Minnesota Department of
Public Safety. to obtain funds for the employment of one full-time
neighborhood-based community policing officer during the period from October
1, 1996, through September 30, 1997: and,
BE IT FURTHER RESOLVED, that Kenneth Collins, Chief of Maplewood Police,
is hereby authorized to execute such subsidiary agreements as are necessary
to implement the project on behalf of the Maplewood Police Department.
6. Resolution Supporting Community Oriented Policing Grant Program - Overtime
Approved the following Resolution:
96-06-74
SUPPORTING COMMUNITY ORIENTED POLICING GRANT PROGRAM - OVERTIME
WHEREAS, the Minnesota Department of Public Safety, under the Minnesota
Omnibus Crime Prevention Act of 1996, has called for grant proposals from
law enforcement agencies for funds to implement community-oriented policing
programs; and,
WHEREAS, the City of Maplewood is actively committed to the
implementation of neighborhood-level community policing efforts; and,
WHEREAS, the ability of the Department to implement these initiatives is
directly affected by the availability of such funds; and,
WHEREAS, a prerequisite for municipalities to receive such grant funds
is the existence of a resolution authorizing the police department to enter
into an agreement with the Department of Public Safety for this purpose;
NOW. THEREFORE, BE IT RESOLVED, that the Maplewood Police Department is
authorized to enter into a grant agreement with the Minnesota Department of
Public Safety, to obtain funds for the reimbursement of police officer
overtime expended on Operation CLIPPER during the period from October 1,
1996, through September 30, 1997: and,
BE IT FURTHER RESOLVED, that Kenneth Collins. Chief of Maplewood Police, '
is hereby authorized to execute such subsidiary agreements as are necessary
to implement the project on behalf of the Maplewood Police Department.
7. Cash Connection Charge Objection, 2471 Forest Street
MOVED TO BECOME I-2
6-24-96 4
G. PUBLIC HEARINGS
1. 7:00 P.M. (7:08 P.M.): Century Avenue North of Highwood Sanitary Sewer,
Project 95-11 (4 Votes)
a.~ Mayor- Bastian convened the meeting for a public hearing regarding the
feasibility of Highwood Sanitary Sewer Project 95-11.
b. Manager McGuire presented the staff report.
c. City Attorney Kelly explained the procedure for public hearings.
d. Director of Public Works Haider presented the specifics of the report.
e. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following person was heard:
(700?) Mary 10750 Norwood Avenue North, Stillwater Township,
Owner of property of Century Avenue, inquired about
method of assessment on undeveloped property.
f. Mayor Bastian closed the public hearing.
g. Councilmember Allenspach introduced the following Resolution and moved
its adoption:
96-06-75
ORDERING IMPROVEMENT AFTER PUBLIC HEARING
WHEREAS, after due notice of public hearing on the construction of
sanitary sewer, water main, street reconstruction and appurtenances on
Century Avenue north of Highwood Avenue, City Project 95-11, a hearing on
said improvement in accordance with the notice duly given was duly held on
June 24, 1996, and the Council has heard all persons desiring to be heard on
the matter and has fully considered the same;
NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, as follows:
1. That it is advisable, expedient and necessary that the Gity of
Maplewood construct sanitary sewer, water main, street
reconstruction, and appurtenances on Century Avenue north of
Highwood Avenue, City Project 95.11, as described in the notice
of hearing thereof, and orders the same to be made.
2. The City Engineer is designated engineer for this improvement
and is hereby directed to prepare final plans and specifications _
for the making of said improvement.
3. 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
6-24-96 5
20 7:15 P.M. (7:35 P.M.) Heather Ridge (Ariel Street)
a. Mayor Bastian convened the meeting for a public hearing regarding
proposal to develop a 7-building office complex east of Home Depot and
Cub Foods.
b. Manager McGuire presented the staff report.
c. Director of Community Development Coleman presented the specifics of the
report.
d. Commissioner Will Rossbach presented the Planning Commission report.
e. Boardmember Vidyashankar presented the Community Design Review Board report.
e. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following persons were heard:
Gary Mulcahy, the applicant
Hank Breems, representing the applicant
Jim Benshoof, Beenshoof & Associates, Traffic Engineers
Patricia Thomas, Crestwood, 9th & Ariel
f. Mayor Bastian closed the public hearing.
g. Council discussed the possible need for traffic lights at the
intersection of 11th Avenue and Ariel Street. The applicant agreed to
Participate in the costs involved should it become necessary to install
lights.
Land Use Plan Change (R-3M to BC-M)
g. Councilmember Koppen introduced the following Resolution and moved its
adoption:
96-06-76
LAND USE PLAN CHANGE R-3(M) TO BC(M)
WHEREAS, Gary T. Mulcahy applied for a change to the City 's land use
plan from R-3(M), multiple dwelling residential (medium density) to BC(M),
- business commercial (modified).
WHEREAS, this change applies to the property located on the northwest
corner of Highway 36 and Ariel Street. The legal description is:
OUTLOT A, MAPLEWOOD RETAIL ADDITION '
WHEREAS, the history of this change is as follows:
1. On May 21, 1996, the Planning Commission held a public hearing. The
City staff published a hearing notice in the Maplewood Review and
sent notices to the surrounding property owners. The Planning
Commission gave everyone at the hearing a chance to speak and
present written statements. The Planning Commission recommended
that the City Council approve the land use plan change.
2. On June 24, 2996, 1996, the City Council discussed the land use plan
change. They considered reports and recommendations from the
6-24-96 6
Planning Commission and City staff.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described change for the following reasons:
_ 1. It would be consistent with the comprehensive plan°s goals and
policies.
2~. The BC(M) land use classification would be a better transition than
the R-3(M) classification between the heavier-commercial BC
(business commercial) classification to the west and the multiple-
dwellings to the east.
3. The BC(M) classification would be compatible with the adjacent
residential development to the east.
Seconded by Mayor Bastian Ayes - all
Zoning Map Change (R-3 to BC-M) (4 Votes)
h. Councilmember Koppen introduced the following Resolution and moved its
ado~i on
96-06-76
ZONING MAP CHANGE - R-3 TO BC-M
WHEREAS, Gary T. Mulcahy applied for a change in the zoning map from R-
3, multiple dwelling residential to BC(M), business commercial (modified).
WHEREAS, this change applies to the property at the northwest corner of
Highway 36 and Ariel Street. The legal description is:
OUTLOT A, MAPLEWOOD RETAIL ADDITION
WHEREAS, the history of this change is as follows:
1. On May 21, 1996, the Planning Commission recommended that the City
Council approve the change.
2. On June 24, 1996, 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.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described change in the zoning map for the following reasons:
1. The proposed change is consistent with the spirit, purpose and
intent of the zoning code.
2. The proposed change will not substantially injure or detract from
the use of neighboring property or from the character of the
neighborhood, and that the use of the property adjacent to the area
included in the proposed change or plan is adequately safeguarded.
6-24-96 7
3. The proposed change will serve the best interests and conveniences
of the community, where applicable, and the public welfare.
4. The proposed change would have no negative effect upon the logical,
efficient, and economical extension of public services and
facilities, such as public water, sewers, police and fire protection
and schools.
5--. BC(M) zoning would be a better transition than R-3 zoning between
the heavier-commercial BC (business commercial) zoning to the west
and the multiple dwellings to the east.
6. BC (M) zoning would be compatible with the adjacent residential
development to the east.
Seconded by Mayor Bastian Ayes - all
Conditional Use Permit
i. Councilmember Koppen introduced the following Resolution and moved its
ado~i on
96 - 06 - 78
CONDITIONAL USE PERMIT - OFFICE DEVELOPMENT
WHEREAS, Gary T. Mulcahy applied for a conditional use permit to
construct an office development on property designated as an outlot.
WHEREAS, this permit applies to the property at the northwest corner of
Highway 36 and Ariel Street. The legal description is. -
OUTLOT A, MAPLEWOOD RETAIL ADDITION
WHEREAS, the history of this conditional use permit is as follows:
1. On May 21, 1996, the Planning Commission recommended that the City
Council approve this permit.
2. The City Council held a public hearing on June 24, 1996. 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.
6-24-96 8
- 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,
elect+^ical 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.
10. The use meets the minimum size and frontage requirements provided for in
the ordinance.
11. The use has the requisite public improvements.
12. The permitted density under this code has not been transferred to
another parcel and is, therefore, sufficient to accommodate the proposed
construction.
13. The outlot is not to be used for permanent common open space,
14. The proposed construction can overcome or accommodate topographical
problems and peculiar site characteristics.
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 Mayor Bastian Ayes - all
Design Approval
g. Councilmember Koppen moved to approve the site plan (date-stamped Mav
10 1996) and the building elevations and landscape plans (date-stamped
March 18 1996) for the Heather Rid4e development. based on the find~nas
required by the Code. The developer shall do the following:
1. Repeat this review in two years if the City has not issued
a building permit for this project.
6-24-96 9
2. Complete the following before the City issues a building
permit:
a) Provide a revised landscape plan to staff for approval
moving the trees proposed east of the buildings to the
Ariel Street frontage.
b) Provide a street easement to the City engineer for the
proposed cul-de-sac in the southeast corner of the site.
The exact description of this easement is subject to the
City engineer's approval.
c) 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. The grading, drainage and erosion control
plans shall also be subject to the approval of the
Ramsey/Washington Metro Watershed. District .
d) Any minor site plan changes resulting from the review of
the grading plan shall be subject to staff approval.
Any major site plan changes shall be subject to the
approval of the community design review board or the
City Council if a variance is needed.
e) Provide another trash enclosure at the north end of the
parking lot. The location of this shall be subject to
staff approval. The design of the trash enclosures
shall be submitted to staff for approval. The trash
enclosures shall be brick to match the buildings and
have closeable gates.
f) Provide alawn-irrigation plan showing the location of
sprinkler heads.
g) Provide a certificate of survey.
h) Pay the City of Maplewood $5,487.25 to share in the
cost of that part the Ariel Street construction next to
Outlot A lying north of 9th Avenue.
3. Complete the following before occupying the first building of
Phase I:
a) Restore and sod damaged boulevards.
b) Install a handicap-parking sign for each handicap- -
parking space and building addresses.
c) Screen any roof-mounted equipment visible from streets
or adjacent property.
d) Install and maintain the in-ground sprinkler system.
4. The parking lot shall have continuous concrete curbing. This
also applies to the north edge of the Phase I parking lot which
must be curbed (code requirement). The applicant shall also
provide a looped drive aisle or a turnaround for each drive -
aisle at the northerly termination of the Phase I parking lot.
6-24-96 10
5. If any required work is not done at the completion of each
building, 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 150X of the cost of the unfinished work.
The City may postpone this escrow requirement for
a particular building if work is in progress on a
subsequent building, or subsequent buildings, in
this project.
6. This approval does not include the signs. The applicant shall
submit a comprehensive sign plan for this complex.
7. All work shall follow the approved plans. The Director of
Community Development may approve minor changes.
8. All of the buildings shall have the same color scheme. The
applicant shall submit a lighting plan to staff for approval.
9. This approval does not include those possible street signs or
light at the Ariel Street and 11th Avenue intersection which may
be required at a future review of the Conditional Use Permit.
The City Council will determine the developer°s fair share of
its cost at a future public hearing on the Conditional Use
Permit.
Seconded by Mayor Bastian Ayes - all
3. 7:30 P.M. (8:25 P.M.) Ramsey County Golf Dome (Ripley Avenue and Van Dyke Street)
a. Mayor Bastian convened the meeting for a public hearing regarding a
proposal by Ramsey County to build an inflatable golf dome 20 feet from
the Ripley Avenue right-of-way.
b. Manager McGuire presented the staff report.
_ c. Director of Community Development Coleman presented the specifics of the
report.
d. Commissioner Rossbach presented the Planning Commission report.
e. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following persons were heard:
Greg Mack, Ramsey County Park & Recreation Department, the applicant
Dave Hulke, resident 1831 White Bear Avenue - opposed
Robert Hulke, owner of 1831-White Bear Avenue - opposed
Mary Sturm, 1759 White Bear Avenue - opposed
Tom Cory, Manager of Perkins, 1829 Ripley Avenue - opposed
Richard Thomalla, 1908 Kingston Avenue - opposed
Michelle Peterson, 1990 Ripley Avenue E in favor
Kevin Berglund, 1929 Kingston Avenue E - several questions
Allan Peterson, 1990 Ripley Avenue E - in favor
6-24-96 11
Greg Mack reappeared to answer questions raised by residents
Fred Paul, Midwest Domes, the developer
Kevin Berglund reappeared with additional questions
Richard Thomalla reappeared
Greg Mack reappeared to answer additional questions
Resident of 1831 White Bear Avenue opposed
Fred Paul reappeared to answer additional questions
f. Mayor Bastian closed the public hearing.
g. Council discussed various pros and cons of the issue, expressing
reservations about the dome, concerns about the appearance and
determining conditions.
Conditional Use Permit
h. Councilmember Koppen introduced the followin4 Resolution and moved its
adoption:
96-06-79
CONDITIONAL USE PERMIT - PUBLIC GOLF DOME
WHEREAS, Ramsey County applied for a conditional use permit for a public
golf dome.
WHEREAS, this permit applies to the property on the northwest corner of
Van Dyke Street and Ripley Avenue. The legal description is:
The East 310 feet of the West 625 feet of the South 192 feet
of the North 1/2 of the Southwest 1/4 of Section 14,
Township 29, Range 22.
WHEREAS, the history of this conditional use permit is as follows:
1. On June 3, 1996, the Planning Commission recommended that the
City Council approve this permit.
2. On June 24, 1996, the City Council held a public hearing. City
staff published a notice in the paper and sent notices to the
surrounding property owners. The Council gave everyone at the
hearing a chance to speak and present written statements. The
council also considered reports and recommendations from the
City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described conditional use permit, because:
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.
6-24-96 12
4. The use would not involve any activity, process, materials,
equipment or methods of operation that would be dangerous,
hazardous, detrimental, disturbing or cause a nuisance to any
person or property, because of excessive noise, glare, smoke,
dust, odor, fumes, water or air pollution, drainage, water
runoff, vibration, general unsightliness, electrical
interference or other nuisances.
5. The use would generate only minimal vehicular traffic on local
streets and would not create traffic congestion or unsafe access
on existing or proposed streets.
6. The use would be served by adequate public facilities and
services, including streets, police and fire protection,
drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public
facilities or services.
8. The use would maximize the preservation of and incorporate the
site's natural and scenic features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction shall follow the site plan approved by the city.
The Director of Community Development may approve minor changes.
2. The County or the contractor must have started the proposed
construction within one year after the Council approves this permit
or the permit shall end. The City Council may extend this deadline
for one year.
3. If the City Council determines there is not enough on•site parking,
the Council may require that the property owner or operator provide
additional parking.
4. The facility is to be used only as a recreation related
facility, but not as a concert or loud-noise-generating event.
5. The County transfers title to Goodrich, Joy, Afton Heights,
Flicek and Wakefield Parks, County Ditch 18 soccer fields and
land by the Munger Trail prior to issuance of a certificate of
occupancy for this building.
6. The City Council shall review this permit in one year. -
Seconded by Mayor Bastian Ayes - Mayor Bastian, Councilmembers
Koppen, Rossbach
Nays - Councilmembers Allenspach,
Carlson
Setback Variance
i. Councilmember Koppen introduced the following Resolution and moved its
adoption:
6-24-96 13
96 - 06 - 80
ZONING VARIANCE - 20-FOOT SETBACK
WHEREAS. Greg Mack, of the Ramsey County Parks and Recreation
Department, applied for a variance from the zoning ordinance.
WHEREAS, this variance applies to property on the northwest corner of
Ripley Avenue and Van Dyke Street. The legal description is:
The East 310 feet of the West 625 feet of the South 192 feet
of the North 1/2 of the Southwest 1/4 of Section 14,
Township 29, Range 22.
WHEREAS, Section 36-28(c)(c) of the Maplewood City Code requires a 30-
foot setback for buildings from a street right-of-way.
WHEREAS, the applicant is proposing a 20-foot building setback from the
Ripley Avenue right-of-way.
WHEREAS, this requires a variance of 10 feet.
WHEREAS, the history of this variance is as follows:
i. On June 3, 1996, the Planning Commission recommended that the City
Council approve this variance.
2. The City Council held a public hearing on June 24, 1996. City staff
published a notice in the Maplewood Review and sent notices to the
surrounding property owners as required by law. The Council gave
everyone at the hearing an opportunity to speak and present written
statements. The Council also considered reports and recommendations
from the City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described variance for the following reasons:
1. Strict enforcement of the code would cause undue hardship because of
circumstances unique to the property.
2. The variance would be in keeping with the spirit and intent of the
- ordinance.
3. The proposed golf dome would be compatible with the existing and
proposed land uses and zoning.
4. Ramsey County needs the proposed golf dome to improve service to
Goodrich Golf Course users.
5. The proposed golf dome location would not cause any visibility or
sight distance problems.
Seconded by Mayor Bastian Ayes - Mayor Bastian, Councilmembers
Koppen, Rossbach
Nays - Councilmembers Allenspach,
Carlson
6-24-96 14
Design Approval
j. Councilmember Koppen moved to approve the site plan (received May 17,
. 1996) the landscape flan (received June 3 1996) and building
elevations the Citv received on May 20. 1996 for the Goodrich Golf Dome.
subiect to the findings required by code and it is subiect to the
following conditions:
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 grading, drainage, utility and erosion control
plans for the City engineer's approval. The erosion
control plan shall be consistent with the City code and
with the Ramsey Soil and Water Conservation District
Erosion Control Handbook.
b) Revise the landscape plans for staff approval. This plan
shall show:
1) All deciduous trees at least 2 1/2 inches in
caliper, balled and burlapped.
2) All evergreen trees at least 8- to 12-feet-
tall.
3) Additional deciduous trees on the west side of
- the dome and extended to align with the south
side of Aldrich Arena.
4) Different trees than the Amur Maple trees, all
trees must be native species as identified in
the Phalen Lake Chain Watershed Project.
c) Submit the following for staff approval:
1) A revised site plan showing a hard-surfaced
sidewalk from the northerly parking lot to the
building entrance. This sidewalk must meet ADA
(Americans with Disabilities Act) requirements.
2) A color scheme for the rock-face concrete block
entrance building and revised elevation
- drawings showing the metal mansard roof on the
entire north and south elevations of the
concrete block building. The roof colors shall
also be subject to staff approval.
3. Complete the following before occupying the dome:
a) Install an address on the building.
b) Construct an enclosure as required by City code for all
outside dumpsters (including those for the arena). The
enclosure(s) must match the building color. Submit plans
for the enclosure(s) to staff for approval.
c) Install and maintain an in-ground sprinkler system for
the landscaped and grass areas between the dome and
Ripley Avenue and between the dome and Van Dyke Street.
(Code requirement)
6-24-96 15
d) Construct continuous concrete curbing along the south
side of the Aldrich Arena parking lot. (Code
requirement)
e! Restore and sod damaged boulevards.
f) Sod all turf areas or plant native grasses or wild
flowers.
g) Install handicap accessible parking spaces and signs
that meet the requirements of the ADA (Americans with
Disabilities Act).
h) Screen all roof-mounted equipment visible from streets
or adjacent property. Submit screening plans to the
Design Review Board for approval. (Code requirement)
_ i) Post both sides of the curve on Van Dyke Street, north
of Ripley Avenue, for no parking and turn the existing
no parking signs so they are perpendicular to the curb.
j) Post both sides of Ripley Avenue, between White Bear
Avenue and North St. Paul Road, for no parking.
k) Record the quit-claim deeds memorializing the land
transfer of the 133 acres identified as Goodrich, Joy,
Afton Heights, Flicek and Wakefield Parks, County Ditch
18 soccer fields and Munger Trail land by the Ramsey
County Fairgrounds between the City and the County are
completed.
4. Finish striping the Aldrich Arena parking lot between the golf
dome and the arena to meet code requirements (9.5•foot-wide
stalls or 9-foot-wide signed employee stalls) by October 1,
1996.
- 5. Provide at least a 30-foot setback between the buildings and the
property line along Ripley Avenue and from Van Dyke Street if
the council does not approve a setback variance. (Code
requirement) This may require the county to shift the dome to
the north.
6. This approval does not include the signs. Signs shall be
subject to staff approval.
7. All work shall follow the approved plans. The Director of
Community Development may approve minor changes.
8. 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.
6-24-96 16
c) The City receives a written agreement that will allow
the City to complete any unfinished work.
Seconded by Mayor Bastian Ayes - Mayor Bastian. Councilmembers
Koppen, Rossbach
- Nays - Councilmembers Allenspach,
Carlson
AT 10:05 P.M. MAYOR BASTIAN CALLED A 10 MINUTES RECESS
COUNCIL RE-CONVENED AT 10:15 P.M.
4. 7:45 P.M, (10:15 P.M.): MDG Properties Office/Warehouse/Manufacturing Building
(Cope Avenue)
a. Mayor Bastian convened the meeting for a public hearing regarding a
proposal to build a 37,000-square-foot office/warehouse/manufacturing
building on Cope Avenue.
b. Manager McGuire presented the staff report.
' c. Director of Community Development Coleman presented the specifics of the
report.
d. Commissioner Rossbach presented the Planning Commission/Community Design Review
Board report.
e. Mayor Bastian opened the public hearing, calling for proponents or
opponents. The following persons were heard:
Mike McGrath, the developer
Rita Kruchowski, 1410 Cope Avenue
f. Mayor Bastian closed the public hearing.
Conditional Use Permit
g. Councilmember Koppen introduced the followin4 Resolution and moved its
adoption: ,
96-06-81
CONDITIONAL USE PERMIT
WHEREAS. Michael McGrath and Gary May applied for a conditional use
permit to build a 37,000-square-foot building in a M-1 (light manufacturing)
district closer than 350 feet to a residential district.
WHEREAS, this permit applies to the property to the east of 1357 Cope
Avenue. The legal description is:
6-24-96 17
THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 10, TOWNSHIP
29, RANGE 22, EXCEPT THE EAST 39 ACRES, EXCEPT THAT PART
LYING WEST OF THE EASTERLY RIGHT OF WAY LINE OF THE NORTHERN
PACIFIC RAILROAD, AND EXCEPT THAT PART LYING NORTH OF THE
SOUTHERLY RIGHT OF WAY LINE OF HIGHWAY N0. 36 AS NOW
LOCATED:
EXCEPTING THEREFROM, THE FOLLOWING DESCRIBED PARCEL:
COMMENCING AT THE CENTER OF SAID SECTION 10, THENCE
SOUTHERLY ALONG THE EAST LINE OF THE SOUTHWEST 1/4 A
DISTANCE OF 848.3 FEET TO THE INTERSECTION OF THE SOUTHERLY
RIGHT-OF-WAY LINE OF TRUNK HIGHWAY N0. 36, THENCE WESTERLY
ALONG THE SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF
1196.20 FEET, THENCE DEFLECTING TO THE LEFT 90 DEGREES AND
ALONG THE SAID RIGHT-OF-WAY LINE A DISTANCE OF 25 FEET,
THENCE DEFLECTING TO THE RIGHT 90 DEGREES AND ALONG SAID
RIGHT-OF-WAY LINE A DISTANCE OF 93.46 FEET TO AN IRON, SAID
POINT BEING THE INTERSECTION OF WEST LINE OF THE EAST 39
ACRES AND THE SAID TRUNK HIGHWAY N0. 36 SOUTHERLY RIGHT-OF-
WAY LINE, THENCE WESTERLY ALONG SAID RIGHT-OF-WAY LINE A
DISTANCE OF 233.30 FEET, THENCE SOUTHERLY AND PARALLEL WITH
THE WEST LINE OF THE EAST 39 ACRES A DISTANCE OF 250.00 FEET
TO THE POINT OF BEGINNING, THENCE CONTINUING ALONG THE SAME
LINE A DISTANCE OF 169.15 FEET TO A POINT ON THE SOUTH LINE
OF THE SAID NORTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 10,
THENCE EASTERLY ALONG THE SAID SOUTH LINE A DISTANCE OF
233.30 FEET TO A POINT ON THE WEST LINE OF THE SAID EAST 39
ACRES, THENCE NORTHERLY ALONG SAID WEST LINE A DISTANCE OF
188.86 FEET. THENCE WESTERLY PARALLEL WITH THE SAID
SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 233.30 FEET TO THE
POINT OF BEGINNING.
AND
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL:
COMMENCING AT THE CENTER OF SAID SECTION 10, THENCE
SOUTHERLY ALONG THE EAST LINE OF THE SOUTHWEST 1/4 A
DISTANCE OF 848.3 FEET TO THE INTERSECTION OF THE SOUTHERLY
RIGHT-OF-WAY LINE OF TRUNK HIGHWAY NO. 36, THENCE WESTERLY
ALONG THE SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF
- 1196.20 FEET, THENCE DEFLECTING TO THE LEFT 90 DEGREES AND
ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 25 FEET, THENCE
DEFLECTING TO THE RIGHT 90 DEGREES AND ALONG SAID RIGHT-OF-
WAY LINE A DISTANCE OF 93.46 FEET TO AN IRON, SAID POINT
BEING THE INTERSECTION OF WEST LINE OF THE EAST 39 ACRES AND
THE SAID TRUNK HIGHWAY NO. 36 SOUTHERLY RIGHT-OF-WAY LINE
AND THE POINT OF BEGINNING. THENCE WESTERLY ALONG SAID
RIGHT-OF-WAY LINE A DISTANCE OF 233.30 FEET, THENCE
SOUTHERLY AND PARALLEL WITH THE WEST LINE OF THE EAST 39
_ ACRES A DISTANCE OF 250.00 FEET, THENCE EASTERLY AND
PARALLEL WITH THE SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF
233.30 FEET TO A POINT ON THE WEST LINE OF THE EAST 39
ACRES, THENCE NORTHERLY ALONG SAID WEST LINE A DISTANCE OF
250 FEET TO THE POINT OF BEGINNING.
6-24-96 18
WHEREAS, the history of this conditional use permit is as follows:
1. On June 3, 1996, the Planning Commission recommended that the
City Council approve this permit.
2. The City Council held a public hearing on June 24. 1996. 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.
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
2. The City Council may require additional parking in the future if
the council determines that there is a need for additional
parking on the site.
3. 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.
6-24-96 19
4. The City Council shall review this permit in one year and at the
Council's review it may require additional noise abatement,
5. There shall be no outdoor storage of any materials or equipment
without approval of a revised conditional use permit by the City
Council.
Seconded by Mayor Bastian Ayes - all
Parking Reduction Authorization
g. Councilmember Koppen moved to approve a parking reduction of up to 30
fewer parking spaced for the MDG Pro~ert~es building on Cope Avenue
The City approves this parking reduction because the tenants in the
building have areas of assembly and warehousing that need fewer
~lovees and~arking than other commercial buildings. The City Council
may require the owner/operator to add more on-site parking if the City
Council determines that there is a shortage of parking on the site.
Seconded by Mayor Bastian Ayes - all
Design Approval
- g. Councilmember Koppen moved to approve the plans (stamped June 17 1996)
for the MDG Properties building on Code Avenue subiect to the findings
required by the Code. The property owner shall:
1. Repeat this review in two years if the City has not issued
a building permit for this project.
2. Provide the following for staff approval before the City issues
a building permit:
a) A grading, drainage, utility and erosion control plan to
the City engineer for approval. The erosion control
plan shall comply with ordinance requirements.'
b) Alawn-irrigation plan for all landscaped areas showing
the location of sprinkler heads.
c) A certificate of survey of the property.
d) A revised landscape plan using native species and
providing sod instead of seed for the Highway 36
frontage, the Cope Avenue frontage and along the side
lot lines a distance of 100 feet from the south property
line.
e) A revised site plan providing for site-security
lighting.
3. Complete the following before occupying the building:
a) Replace property irons that are removed because of this
construction.
6-24-96 20
b) Restore and sod-damaged boulevards.
c) Install handicap-parking signs for each handicap-parking
space and an address on the building. Each tenant shall
also be identified for public safety purposes.
d) Screen all roof-mounted equipment visible from streets
or adjacent property.
e) Construct a trash dumpster enclosure if there will be
any outdoor storage of refuse. The enclosures must
match the building in color and materials. There must
be a closeable gate that is 100% opaque.
f) Install and maintain 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..
5. All work shall follow the approved plans. The director of
community development may approve minor changes.
Seconded by Mayor Bastian Ayes - all
MAYOR BASTIAN MOVED TO SUSPEND THE RULES OF PROCEDURE AND EXTEND THE MEETING TO
COMPLETE THE AGENDA.
SECONDED BY COUNCILMEMBER KOPPEN AYES - ALL
H. AWARD OF BIDS
1. 1996 Bituminous Overlay
a. Manager McGuire presented the staff report..
b. Director of Public Works Haider 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 introduced the followin4 Resolution and moved its
adoption:
6-24-96 21
96 - 06 - 82
AWARD OF BID - 1996 BITUMINOUS OVERLAY
BE IT..RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid
of Tower Asphalt in the amount of 521.25/Ton for the construction of 1996
Bituminous Overlay, City Project 96.10, 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 the make the financial
transfers necessary to implement the financing plan for the project.
Seconded by Councilmember Carlson Ayes - all
_ I. UNFINISHED BUSINESS
1. Ramsey County Land Conveyance
a. Manager McGuire presented the staff report.
b. Director of Parks & Recreation Anderson 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 Carlson moved to accept the land conveyance agreements
from Ramsey County as stipulated in Ramsey County Board Resolution No.
96-213 dated May 21. 1996.
Seconded by Councilmember Koppen Ayes - all
2. Cash Connection Objection, 2471 Forest Street
a. City Manager McGuire presented the staff report:
b. City Attorney Kelly presented the specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council
regarding this matter. The following appeared:
Eric Olsen, Attorney representing Bonnie and Steve Kuslich
d. City Attorney Kelly explained the purpose and background of cash connection
charges.
Kathy and David Kornmann, property owners
Lee Bisel, Lee Bisel Homes, builder
e. Councilmember Rossbach moved to waive the cash connection charges on the
Kornmann's lot.
Seconded by Councilmember Koppen Ayes - all
6-24-96 22
J. NEW BUSINESS
I. Lower Afton-MdCnight-Londn Traffic Study.
TABLED TO.JULY 8, 1996
2. Sterling Street, Project 93-08
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider presented the specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council
regarding this matter. The following was heard:
Al Jirovec, 2480 Linwood
- d. Mayor Bastian moved to table this item to Julv 8. 1996 in order to
resolve the problem on Mr. Jirovec's property.
Seconded by Councilmember Koppen Ayes - all
3. Upgrade of Video/Cablecast Equipment in Council Chambers
a. Manager McGuire presented the staff report.
b. Assistant City Manager Dawson 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 Rossbach moved to authorize staff to obtain quotes for the
upgrade of the video/cablecast equ~ment currently in use in the Council
Chambers with the revenue for the improvements to come from cable
franchise fees received in 1996. The amount to be expended from the
Miscellaneous division of the General Fund would be authorized by the
Council after the quotes have been tabulated.
Seconded by Councilmember Allenspach Ayes - all
4. Notice of Termination of Fire Service Contracts
a. Manager McGuire presented the staff report.
b. Assistant City Manager Dawson presented the specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council
regarding this matter. The following were heard:
Clarence Gervais, 2420 Hazelwood
Ed Leier, 2129 Arkwright
6-24-96 23
d. Councilmember Rossbach moved to formally notify the East County Line
_ Fire Department the Gladstone Fire Department, and the Parkside Fire
Department that the City of Maplewood will terminate the a4reement with
each department to provide fire services effective 11:59 P.M. December
31. 1996.
Seconded by Councilmember Allenspach Ayes - all
K. VISITOR PRESENTATIONS
1. Kevin Berglund, 1929 Kingston
a. Mr. Berglund commented that there should be more City information shown
on Cable programming.
b. Council directed staff to investigate.
M. COUNCIL PRESENTATIONS
to Mayor°s Forum
_ a. Mayor Bastian announced that the next Mayor's Forum will be a
neighborhood open house at the Metro Funeral Home from 6:00 - 7:00 P.M.,
then will move to his house on Ide Court at 7:00 P.M.
b. Mayor Bastian commented on correspondence he had received and upcoming
meetings and events of interest to the Council.
M. ADMINISTRATIVE PRESENTATIONS
NONE
N. ADJOURNMENT OF MEETING
11:45 P.M.
Lois N. Behm, Acting City Clerk
6-24 96 24