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HomeMy WebLinkAbout03-12-2001MINUTES MAPLEWOOD CITY COUNCIL i 7:00 P.M., Monday, March 12, 2001 Council Chambers, Municipal Building Meeting No. 01-06 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 Cardinal. B. PLEDGE OF ALLEGLANCE C. ROLL CALL Robert Cardinal, Mayor Present Sherry Allenspach, Councilmember Present Kenneth V. Collins, Councilmember Present Marvin C. Koppen, Councilmember Present Julie A. Wasiluk, Councihnember Present D. APPROVAL OF MINUTES: Councilmember Allenspach moved to aprorove the minutes of Meeting No. 02-OS (February 26. 2001) as roresented. Seconded by Councilmember Koppen Ayes -all E. APPROVAL OF AGENDA: Councilmember Koppen moved to approve the Agenda as amended: Ml. Recycling M2. Police Plan and New Officers M3. Cable Commission M4. Partnership M5. Isaiah N1. Staff Liaison to Historical Preservation Commission Councihnember Koppen said there should be a separate vote for Item No. 6 on the Consent Agenda, Lawful Gambling License Application -White Bear Avenue Business Association. Seconded by Councilmember Allenspach Ayes -all F. APPQINTMENTS/PRESENTATIONS: The City Council welcomed Chuck Ahl as the new City Engineer and asked him to come up and introduce himself. 3-12-O1 1 G. CONSENT AGENDA: Councihnember Koppen moved to approve the Consent Agenda as amended: Seconded by Councilrnember Allenspach Ayes -all 1. Approval of Claims Approved claims. ACCOUNTS PAYABLE $1,225.55 Checks #53325 dated 2/20/01 $92,469.76 Checks #53326 thrn #53366 dated 2/27/01 $66,429.27 Disbursements via debits to checking account dated 2/21 thru 2/26/01 $77,807.82 Checks #53367 thrn #53372 dated 3/1/01 $348,727.89 Checks #53373 thrn #53445 dated 3/2 thru 3/6/01 $661.963.16 Disbursements via debits to checking account dated 2/27 thru 3/5/01 $1,248,623.45 Total Accounts Payable PAYROLL $357,081.76 Payroll Checks and Direct Deposits dated 3/2/01 $25,423.17 Payroll Deduction check #83040 thrn #83047 dated 3/2/01 $382.504.93 Total Payroll $1,631,128.38 GRAND TOTAL 2. Disposal of O ld Financial Records Approved the following resolution to destroy the appropriate financial records that have passed their legally required retention period: RESOLUTION 01-03-019 WHEREAS, M.S.A. 138.17 governs the destruction of city records; and WHEREAS, a list of records has been presented to the Council with a request in writing that destrucfion be approved by the Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA; 1. That the Finance Director is hereby directed to apply to the Minnesota State Historical Society for an order authorizing destrncfion of the records as described in the attached list. 2. That upon approval by the State of the attached application, the Finance Director is hereby 3-12-O1 2 authorized and directed to destroy the records listed. 3. Cable Commission Grant Accepted a grant in the amount of $1,000 from the Ramsey-Washington Suburban Cable Commission to be used for the development of the city's web page. 4. 2000 Community Design Review Board Annual Report Approved the 2000 community design review board annual report. 5. Conditional Use Permit Review -Ramsey Co. Family Service Center (2001 Van Dyke Street) Reviewed the conditional use permit for the Ramsey County Family Service Center at 2001 Van Dyke Street and will review again in one year. 6. Lawful Gambling License Application -White Bear Avenue Business Association This item was removed from the Consent Agenda for a separate vote: Joint Powers Agreement - City of Maplewood and Minnesota Department of Public Safety - Communications Approved the Criminal Justice Data Network (CJDN) joint powers agreement between the City of Maplewood and the Minnesota Deparhnent of Public Safety which provides network services to the city. Resolution 01-03-020 MN DEPARTMENT OF PUBLIC SAFETY CRIMINAL JUSTICE DATA COMMUNICATIONS NETWORK AGREEMENT (DISTRIBUTION OF NETWORK SERVICES TO LAW ENFORCEMENT AGENCIES) THIS JOINT POWERS AGREEMENT, by and between the State of Minnesota, acting through its Commissioner of Public Safety, Office of Technical Support Services (hereinafter referred to as the STATE) and the Cit•~f Maplewood Maplewood Police Department 1830 East County Road B Maplewood MN 55109, (hereinafter referred to as GOVERNMENTAL UNIT) witness that: WHEREAS, the STATE, pursuant to Minnesota Statute, Chapter 299C.46, Subdivision 1 is authorized to lease or purchase facilifies and equipment as may be necessary to establish and maintain the data communications network with criminal justice agencies, and WHEREAS, Minnesota Statute, Chapter 299C. 46, Subdivision 2 defines criminal justice agencies allowed to connect to the criminal justice data communications network, and VVIIEREAS, the STATE, pursuant to Laws of Minnesota for 1999, Chapter 216, Article 1, Section 7, Subdivision 3 is appropriated fiznds for the statewide criminal and juvenile justice data information system upgrade; and 3-12-O1 WHEREAS, the STATE, pursuant to Laws of Minnesota for 2000, Chapter 311, Article 1, Section 3 is appropriated funds for criminal justice technology infrastructure; and 'VHEREAS, Minnesota Statutes, Section 471.59, Subdivision 10 authorizes both the STATE and the GOVERNMENTAL UNIT to enter into joint powers agreements, and, WHEREAS, the GOVERNMENTAL UNIT represents that it meets all requirements for this Agreement as a criminal justice agency, or is a city, county, or political subdivision participating on criminal justice communications network authorized to accept network services from the STATE for the purpose specified herein, and WHEREAS, the GOVERNMENTAL UNIT represents that it is duly qualified and willing to perform and carry out the services and tasks described in this Agreement. NOW, THEREFORE, it is agreed: SERVICE OPTIONS Criminal justice agencies may select either option A or B below. Cities, counties, or political subdivisions may only select option A. Service option checked below applies to this Agreement: A. X The STATE's base installation is a Tl access circuit, a defined level ofbackbone bandwidth, and supported telecommunication equipment which includes (modem, DSU/CSU, and router). The total cost of the network connection will be computed based on the combined requirements of the STATE and the GOVERNMENTAL UNIT for backbone bandwidth, supported telecommunication equipment with appropriate ports, access circuit, and installation. The STATE will pay what they would have paid for the base installation, as specified in Clause II of this agreement, and the GOVERNMENTAL UNIT through a service agreement with the Minnesota Department of Administration Intertechnologies Group (ITG) will pay the difference. This will include an additional PVC or an increase in the base bandwidth, an appropriate level of Community Router Service, and may include an additional router port. CJDN traffic will have priority routing. Either party to this Agreement can expand their bandwidth within the available bandwidth, but if a conflict in bandwidth needs occurs, then the GOVERNMENTAL UNIT will order another access circuit from ITG for their use at the prevailing rates. The same telecommunications equipment can be used. OR B. GOVERNMENTAL UNITS wants to utilize available CJDN bandwidth. If the expected bandwidth requirements by the GOVERMENTAL UNIT are low, the GOVERNMENTAL UNIT can utilize some of the available bandwidth within the planned network. The GOVERNMENTAL UNIT must obtain the STATE's approval in advance for each type of service that they want to use.. The only cost of this option to the GOVERNMENTAL UNIT will be for an additional router port, if it were needed in order to segregate the CJDN traffic and establish the required separate segment. CJDN traffic will have priority routing and if the GOVERNMENTAL UNIT experiences bandwidth congestion (response time), then the GOVERNMENTAL UNIT can acquire additional bandwidth, if available, on the existing circuit or the GOVERNMENTAL UNIT can acquire another circuit connection through InterTech. The same installed router can still be used. 3-12-O1 II. STATE'S RESPONSIBILITIES A. The STATE shall, by the nature of the location of the GOVERNMENTAL UNITS that it serves, cause the Minnesota Network (NIIVet) to be extended to more locations throughout the state. This provides an opportunity for GOVERNMENTAL UNITS to partner with the STATE and ITG to more fully utilize the planned network connections and increase connectivity between public sector organizations. B. Wherever feasible, the STATE shall use current MNet digital network connections to connect to participating agencies for the purposes of criminal justice access. If a GOVERNMENTAL UNIT does not have a current MNet connecfion or it is inadequate for the application, the Criminal Justice Data Communications Network (CJDN) Upgrade Project will bring routed connectivity to that site. C. The STATE, through ITG, will coordinate and pay the telephone company for the initial inside (premium) wiring service at the GOVERNMENTAL UNIT's site, not to exceed $200.00. This cost is limited to the wiring from the Main Point of Presence (MPOP) in the facility to the STATE provided router, unless otherwise specified within this agreement. D. The STATE, through ITG, will determine the bandwidth requirement for the CJDN applications at each site and will coordinate and pay the telephone company for the initial installation of the circuit required to support that bandwidth. E. The STATE, through ITG, will coordinate and pay the telephone company for the initial installation and monthly cost of the circuit located at the GOVERNMENTAL UNIT's site. F. The STATE, through ITG, will coordinate and pay for the initial activation, support, and maintenance of one router port on the MNet router located at the GOVERNMENTAL UNIT's site. If an additional port is required, the GOVERNMENTAL UNIT will be required to pick up the monthly charge. Access Control Lists (ACL) for the connection to the STATE will be maintained by ITG with the approval of the STATE. G. The ITG will ensure that a separate, and dedicated, modem line is .installed at the GOVERNMENTAL UNIT's site for the express purpose of monitoring the ITG owned and maintained MNet router. H. The STATE, through ITG, will maintain the Access Control Lists (ACL) on the MNet routers for connection to the STATE for the purpose of gaining access to criminal justice informafion. I. The ITG will bill the GOVERNMENTAL UNIT its appropriate share of the costs depending on service options and/or service agreements entered into between the GOVERNMENTAL UNIT and ITG. III. GOVERNMENTAL UNIT'S RESPONSIBILITIES GOVERNMENTAL UNIT receiving equipment and/or services under this Agreement must: A. If a circuit is to be installed, the GOVERNMENTAL UNIT shall grant access to the facility main point of presence (MPOP) for the telephone company installer to install the circuit. B. The GOVERNMENTAL UNIT shall indicate to the telephone company installer where the 3-12-O1 MNet router is located or will be installed within the facility (this is premium wiring). C. Following the initial premium wiring, the GOVERNMENTAL UNIT shall be responsible for any and all costs of installing, repairing or replacing internal wiring in support of their criminal justice data communications network connection. Further, the GOVERNMENTAL UNIT will be responsible for any cost associated with damaged wiring due to relocations, misuse, or abuse. D. The GOVERNMENTAL UNIT shall report to the STATE any plans to relocate their offices that would impact their criminal justice data communications network connection. A minimum of 120 days notice is required to ensure uninterrupted service for circuit moves. In all cases, the relocation costs are the responsibility of the GOVERNMENTAL TJNIT. E. The GOVERNMENTAL UNIT shall provide and maintain any disposable and consumable components originally provided by the STATE, and shall supply all other necessary disposable and consumable components not provided by the STATE at the GOVERNMENTAL UNIT's expense. The GOVERNMENTAL UNIT shall properly dispose of any and all state provided internal wiring when it is no longer operational or needed for connectivity to the criminal justice data communications network. If an additional port is required, the GOVERNMENT UNIT will be required to pick up the monthly charge. Access Control Lists (ACL) for the connection to the STATE will be maintained by ITG with the approval of the STATE. The GOVERNMENTAL UNIT is required to sign a Service Agreement with ITG if they selected Option A of this Agreement. IV. TERMS OF AGREEMENT This Agreement shall be effective on 2/28/01, or upon the date that the final required signature is obtained by the STATE, pursuant to Minn. Stat. 16C.05, Subdivision. 2, whichever occurs later, and shall remain in effect until 2/27/06, or until all obligations set forth in this Agreement have been satisfactorily fulfilled or the Agreement has been canceled, whichever happens first. V. TERMINATION This Agreement may be terminated by either the STATE or GOVERNMENTAL UNIT at any time, with or without cause, upon ten (10) days written notice to the other party. VI. STATE'S AUTHORIZED AGENT The STATE's authorized agent for the purposes of this. Agreement is Robert P. Johnson,. or his designee, Department of Public Safety Office of Technical Support Services 444 Minnesota Street Suite 140, Town Square, St. Paul, MN 55101-5140. Such agent shall have final authority for acceptance of the GOVERNMENTAL UNIT's services. VII. ASSIGNMENT GOVERNMENTAL iTNIT shall neither assign nor transfer any rights or obligations under this Agreement without the prior written consent from the STATE. 3-12-O1 VIlI. LIABILITY The GOVERNMENTAL UNIT shall indemnify, save and hold the STATE, its representatives and employees, harmless from any and all claims or causes of acfion, including all attorneys' fees incurred by the STATE, arising from the performance of this Agreement by the GOVERNMENTAL UNIT or GOVERNMENTAL LTNIT's employees, agents, or subcontractors. This clause shall not be construed to bar any legal remedies the GOVERNMENTAL UNIT may have for the STATE's failure to fulfill its obligations pursuant to this Agreement. The GOVERNMENTAL UNIT's liability shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes, Section 466.01- 466.15 and other applicable law. STATE AUDIT The books, records, documents and accounting procedures and practices of the GOVERNMENTAL UNIT and its employees, agents or subcontractors relevant to this Agreement shall be made available and subject to examination by the STATE, including the contracting Agency/Division, Legislative Auditor, and State Auditor for a minimum period of six years from the end of this Agreement._ Person(s) signing the Agreement and obligating the GOVERNMENTAL UNIT to the conditions of the agreement must be authorized. A certified copy of the resolution authorizing the GOVERNMENTAL UNIT to enter into this Agreement and designating person(s) to execute this Agreement must be attached hereto. 8. Staff Liaison to Historical Preservation Commission This item was moved to Nl, Administrative Presentations, for discussion. 6. Lawful Gambling License Application -White Bear Avenue Business Association Councilmember Wasiluk moved to approve a lawful gambling license for the White Bear Avenue Business Association at The Bird Nieht Club. 3035 White Bear Avenue. Seconded by Councilmember Allenspach H. PUBLIC HEARINGS: Ayes -Mayor Cardinal, Councihnembers Allenspach, Collins, Wasiluk Abstain -Councilmember Koppen 7:00 P.M. (7:14 P.M.) Amendment of Tax Increment Plan for Housing District 1-4 a. Mayor Cardinal convened the meefing for a public hearing. b. City Manager Fursman introduced the staff report. c. Finance Director Faust presented the specifics of the report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. No one came forward to be heard. e. Mayor Cardinal closed the public hearing. 3-12-O1 Councilmember Wasiluk moved to adopt the following resolution amending the Tax Increment Plan for Housing District 1-4 to extend the duration of the district b~years to 12-31-2020. RESOLUTION O1-03-021 A RESOLUTION OF THE CITY OF MAPLEWOOD RATIFYING NOTICE PUBLICATION APPROVING THE MODIFICATION OF THE TAX INCREMENT FINANCING PLAN FOR HOUSING DISTRICT NO. 1-4 WITHIN DEVELOPMENT DISTRICT NO. 1 WHEREAS, there is a proposal to modify the Tax Increment Financing Plan for Housing District No. 1-4 within Development District No. 1 under the provisions of Minnesota Statutes, Sections 469.174 to 469.179 (the "Act"); and WHEREAS, the Modification of the Tax Increment Financing Plan for Housing District No. 1-4 (the "Modification") has been prepared; and WHEREAS, the City of Maplewood, Minnesota (the "City"), has performed all actions required by law to be performed prior to the approval of the Modification, including, but not limited to, nofification of Ramsey County, Independent School District No. 622 and Northeast Metropolitan Intermediate School District No. 916, and the holding of a public hearing upon published and mailed notice as required by law for the City; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood: 1) The City finds, determines and declares that with respect to the Modification: a) The City is not modifying the boundaries of Housing District No. 1-4, but is, however, modifying the term thereof and modifying the budget in the Tax Increment Financing Plan therefor. b) The City reaffmns the findings previously made with respect to Housing District No. 1-4. 2) The Modification conforms to the general plan for the development of the City as a whole. 3) The Modification conforms in all respects to the requirements of the Act and will help fulfill a need to develop an area of the State which is already built up to provide employment opportunities to improve the tax base and to improve the general economy of the State and thereby serves a public purpose and will afford maximum opportunity, consistent with the sound needs for the City as a whole, for the development or redevelopment of the prof ect area by private enterprise in that the intent is to provide only that public assistance necessary to make the private developments financially feasible. 4) The Modification is hereby approved. 5) The City Clerk is authorized and directed to file a copy of the Modification with the Commissioner of Revenue. 3-12-O1 6) All prior actions taken by the staff of the City in causing the notice of public hearing which is attached to this resolution as Exhibit A to be published as required by the Act is hereby ratified, affirmed and approved. Seconded by Councilmember Collins Ayes -all 2. 7:15 P.M. (7:16 P.M.) Gladstone West Neighborhood Streets, Project 00-OS A. Ordering Improvement After Public Hearing a. Mayor Cardinal convened the meeting for a public hearing. b. City Manager Fursman introduced the staff report. c. Assistant City Engineer Cavett presented the specifics of the report. d. City Attorney Kelly explained the procedure for public hearings. e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Al Galbraith, 1770 Edward Street, Maplewood Shaun Coggins, 1709 Duluth Street, Maplewood Greg Votel, 1730 Atlantic Street, Maplewood Steve Young, 1747 Atlantic Street, Maplewood John Montgomery, 1783 Atlantic Street, Maplewood Roland Amey, 1699 Atlantic Street, Maplewood Jim Simpson, 1770 Atlantic Street, Maplewood Duane Markie, 1775 Atlantic Street, Maplewood Beverly Banuck, 1720 Duluth Street, Maplewood Bob Ryan, 1173 Larpenteur Avenue East, Maplewood Sandra Dicke, 1742 Frank Street, Maplewood Dave Donch, 1792 Duluth Street, Maplewood Theresa Manzella, 1741 Atlantic Street, Maplewood Roland Amey, second appearance Roger Roemhildt, 1708 Duluth Street, Maplewood Susan Broin, 1221 Ripley Avenue, Maplewood Dave Donch, second appearance Bob Vaught, 1694 Frank Street, Maplewood Sandra Dicke, second appearance Susan Broin, second appearance Char Wasiluk, 1740 Frank Street, Maplewood Al Galbraith, second appearance Steve Young, second appearance Pastor Bob Highley, Pastor, Lake Phalen Community Church, 1717 English Street Wally Peters, second appearance Roberta Beutel, 1057 Mary Street, Maplewood George Rossbach, Former Mayor of Maplewood, 1406 E. County Road C, Maplewood Duane Markie, second appearance 3-12-O1 Wally Peters, third appearance Al Galbraith, third appearance Sherry Ryan, 1173 Larpenteur Avenue East, Maplewood f Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution ordering the improvement of the Gladstone West Neighborhood Streets, Project 00-OS and then have each affected homeowner polled for what kind of curbing they want and have the results ready by the time of the assessment hearing. which is tentatively scheduled for May 15.2001: RESOLUTION O1-03-OZ~, ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 26th day of Febmary, 2001, fixed a date for a council hearing on the proposed construction of the Gladstone West Neighborhood Street Improvements, City Project 00-05, AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on March 12, 2001, 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 necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to the Gladstone West Neighborhood Streets, City Project 00-05. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 12th day of March, 2001. 3. 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. 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $1,470,000 shall be established. The proposed financing plans is as follows: Street assessments: $596,345 (40.6%) Storm assessments: 73,800 (5.0%) Water assessments: 1,225 (0.1%) Sewer assessments: 5,475 (0.4%) Sewer utility fund: 48,388 (3.3%) SPRWS Obligation: 27,345 (1.9%) City general tax levy: $717,421 (48.8%) Total: $1,470,000 (100.0%) 3-12-O1 10 Seconded by Councilmember Collins Ayes -Mayor Cardinal, Councilrnembers Allenspach, Collins, Koppen Nays -Councilmember Wasiluk 7:30 P.M. (9:50 P.M.) Beaver Lake Townhomes (Maryland Avenue, Lakewood Drive to Sterling Street) A. Conditional Use Permit (CUP) for Planned Unit Development (PUD) B. Street Right-of--Way Vacations C. Easement Vacations D. Preliminary Plat a. Mayor Cardinal convened the meeting for a public hearing. b. City Manager Fursman introduced the staff report. c. Associate Planner Roberts presented the specifics of the report. d Commissioner Matt Ledvina presented the Planning Commission report. e. Roger Larson, Midwest Land Surveyors and Civil Engineers, Inc. from Anoka, Minnesota, was present for the applicant, who was asking for an extension of 60 days. Mr. Larson further agreed to two extra days, a 62 day extension, to allow review at the May 14, 2001 city council meeting. Councilnember Collins moved to continue the meetin through the end of the A ee; nda• Seconded by Councilnember Koppen Ayes -all f Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons. were heard: Thor Nordwall, 1142 Sterling Street North, Maplewood Roberta Beutel, 1057 Mary Street, Maplewood Rhonda Wenz, 2517 Geranium Avenue, Maplewood Steve Benjamin, 1060 Lakewood Drive North, Maplewood Agnes Benjamin, 1060 Lakewood Drive North, Maplewood Terri Sablak, 1172 Sterling Street North, Maplewood Tim Kennedy, 1134 Glendon Street, Maplewood Richard Gilbert, 1140 Glendon Street, Maplewood Kathleen Peterson, 1085 Mary Street North, Maplewood Margaret Lutfey, 1076 Mary Street North, Maplewood Jan Moddrell, 2514 Geranium Avenue, Maplewood Cheryl Johnsen, 1150 Sterling Street North, Maplewood Joan Doehling, 1115 Sterling Street North, Maplewood Lisa Earle, 1146 Glendon Street, Maplewood Thor Nordwall, second appearance Agnes Benjamin, second appearance Tim Kennedy, second appearance 3-12-O1 11 Kathleen Peterson, second appearance Margaret Lutfey, second appearance f. Mayor Cardinal closed the public hearing. Councilmember Collins moved to request that the developer and representatives of the neighborhood meet with staff to see if they can come up with something equitable for the developer. the City of Maplewood, and the residents of the area and brine it back to the council on May 14. 2001 at 7:00 P.M. Seconded by Councihnember Koppen Ayes -all I. AWARD OF BIDS None J. UNFIh]ISHED BUSINESS None K. NEW BUSINESS 1. Service Engineering Parking Reduction Authorization (2720 Maplewood Drive) a. City Manager Fursman introduced the staff report. b. Assistant Community Development Director Ekstrand presented the specifics of the report. c. Boardmember Matt Ledvina presented the Community Design Review Board report. Councilmember Koppen moved to approve a parking waiver for Service En ink; Bering, 2720 Maplewood Drive, based on the following reasons (1-4) and subject to conditions (Sa & b~ 1. The applicant has shown that there are enough parking spaces for the building's current parking needs. 2. The applicant is not planning to add personnel with this addition. 3. Providing more paved parking on the site would further violate the impervious surface requirements of the shoreland ordinance. The site is currently exceeding this requirement: 4. The applicant has verbally agreed to a restrictive covenant being recorded against his property to regulate the types of businesses in this building based on their degree of traffic generation. 5. This approval is conditioned upon the property owner doing the following before obtaining a building permit for the second-story addition: 3-12-O1 12 a. Submitting a signed restrictive covenant to be approved by staff. This covenant shall ensure that future occupants of 2720 Maplewood Drive are low traffic-generating businesses. The city shall record this document with Ramsey County. b. Submitting complete applications for a conditional use permit and a setback variance for the five-car parking lot on the south side of the site. As an alternative to making these applications, the property owner may agree to remove the parking lot and restore the ground. If the property owner chooses this alternative, he shall present staff with a letter of intent to do so with the stipulation that he will complete the parking lot removal and ground restoration by June 1, 2001. With either alternative, the property owner shall give the city cash escrow to cover the cost of the parking lot removal and ground restoration. Seconded by Councilmember Collins Ayes -all Councilmember Koppen moved to approve the plans. date-stamped January 26. 2001. for the proposed second-stor,~addition at Service En ine Bering, 2720 Maplewood Drive. Approval is based on the findings required by code and subject to the following conditions: Repeat this review in two years if the city has not issued a building permit for this project. 2. Before getting a building permit, the applicant shall do the following: a. Submit a signed restrictive covenant to be approved by staff. This covenant shall ensure that future occupants of 2720 Maplewood Drive are low traffic- generating businesses. The city shall record this document with Ramsey County. b. Submit complete applications for a conditional use permit and a setback variance for the five-car parking lot on the south side of the site. As an alternative to making these applications, the property owner may agree to remove the parking lot and restore the ground. If the property owner chooses this alternative, he shall present staff with a letter of intent to do so with the stipulation that he will complete the parking lot removal and ground restoration by June 1, 2001. With either alternative, the property owner shall give the city cash escrow to cover the cost of the parking lot removal and ground restoration. c. Submit plans for staff approval showing the placement and design of a trash enclosure. The enclosure must have a gate that extends to the ground. The enclosure must be large enough to accommodate trash and recycling containers. The property owner shall also submit screening plans for any new roof-top mechanical equipment he may install that would be visible by the 3-12-O1 13 residential neighbors. d. Submit a color scheme for the building to staff for approval. 3. The applicant shall complete the following before occupying the building: a. Paint any new roof-top mechanical equipment to match the building that would be visible. Screen any roof-top mechanical equipment that would be visible by residential neighbors. b. Construct a trash dumpster enclosure with a closeable gate. c. Finish the back of the wing walls to have the same material, texture and color as the building for uniformity. 4. The property owner shall remove the items being stored behind the building. 5. 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 percent of the cost of the unfimished work. Any unfinished landscaping shall be completed by June 1 if the building is occupied in the winter or within six weeks of occupancy if the building is occupied in the spring or summer. c. The city receives an agreement that will allow the city to complete any unfinished work. 6. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Collins Ayes -all 2. AutoZone Parking Reduction Authorization (749 Century Avenue North) a. City Manager Fursman introduced the staff report. b. Assistant Community Development Director Ekstrand presented the specifics of the report. Councilmember Collins moved to table this item until the March 26.2001 council meetine. 3-12-O1 14 Seconded by Councihnember Allenspach Ayes -all 3. South Service Office Study a. City Manager Fursman introduced the staff report. Councilmember Collins moved to table this item until the March 26.2001 council meetine. Seconded by Councilmember Koppen Ayes -all L. VISITOR PRESENTATIONS None M. COUNCIL PRESENTATIONS 1. Recycling -Mayor Cardinal said a resident at 150 County Road B has not had any recycling service and he asked staff to look into this. 2. Police Plan and New Officers -Police Chief Winger discussed the neighborhood police plan and said it would be on the city website. Chief Winger said that the following officers have been hired by the city: CSO/Paramedic Jodi Halweg, Officer Gerald Martin, Officer Johnny Lu and Officer Robert Schrofer. 3. Cable Commission -Councilmember Koppen talked about the quarterly meeting of the Cable Commission. 4. Partnership -Councilmember Wasiluk said that the District 622 Partnership and Skyview, John Glenn and Maplewood Middle schools are having a "Thriving With Your Teens" conversation at Maplewood Middle School on March 26, 2001 from 7:00 p.m. to 8:30 p.m. 5. Isaiah - Councihnember Wasiluk said she was asked by the Isaiah group to give each of the councilrnembers aletter ofsupport for inclusionary housing, which is a bill that the Minnesota State Senate is involved with. N. ADMINISTRATIVE PRESENTATIONS City Manager Fursman said that he had been advised that the AutoZone Parking Reduction Authorization, Item K-2, needs to be acted upon this evening in order to stay in compliance with the 60-day rule. Councilmember Collins moved to reconsider the AutoZone Parking Reduction Authorization. Item K-2 749 Century Avenue North. Seconded by Councilmember Koppen Ayes -all 3-12-O1 15 Councihnember Koppen moved to deny the AutoZone Parking Reduction Authorization. 749 Century Avenue North due to the following: 1) the applicant was not present to answer questions from the council. 2) the council had concerns about the proposed building exterior. and 31 council was concerned about the future use of the building as it relates to the parking waiver. Seconded by Councihnember Collins Ayes -all Mayor Cardinal said that the applicant can reapply and that the fee would be waived because he was unable to make tonight's council meeting due to circumstances beyond his control. 1. Staff Liaison to Historical Preservation Commission -City Manager asked the council if they, wanted to continue to have a staff liaison on the Historical Preservation Commission. Councihmember Wasiluk moved to authorize the finance director to transfer funds to cover payment of time spent by Lois Behm as liaison to the Historical Preservation Commission in 1999 and 2000 at $11.00 per hour and approve to continue to have a staff liaison to the Historical Preservation Commission. Seconded by Councihnember Koppen Ayes -all Councilmember Collins asked staff to make it a standard operating procedure that if an item comes before the Council and the applicant is not present that the council will take no action on that item. O. ADJOi.)RNMENT Councilmember Wasiluk moved to adjourn the meeting at 12:14 A.M. Seconded by Councilmember Collins Ayes -all Karen E. Guilfoile, City Clerk 3-12-O1 16