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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