HomeMy WebLinkAbout04-09-90 and 04-12-90&o CJ~LL TO ORDER
?~00 ~.~., Mond&y, A~rLZ 9, 1990
and
4~30 P.M., Thu=ld&y, April 12, 1990
Council Cha~berl, Hunicipal Building
Heet~ng No. 90-7
e. ROLL C~LLL
APPROVAL OF MINUTES
1. Minutes of Meeting No. 90-6 (H&rch 26~ 1990)
D. APPROVAL OF AGENDA
1. Approval of Cla~n~
2. Budget Transfer - Sanitary Sower Operation
3. Renewal of Contract for Insurance Consultant
4. Selection of Insurance Agente
Fe
PUBLIC HEARINGS
1. 7~10 P.M., Conditional Use Permit Revlliont
Clinic)
Cope Avenue (Llll£e Veterinary
2. 7s20 P.M., Southl&wn Drive and BeemAvonue
a, Conditional Use Permit (ChilL'l)
b. Community DesignReview Boo,~d Appeal
3. 7~30 P.M., Olive Garden'l Liquor Llcenl~
AWARD OF BIDS
UNFINISHED BUSINESS
1. Code Amendmentt Volume-BalodGarb&ge Rates (2nd Reading)
2. Recon~£derat£on= Hark'e Nature Haven
3. HighwoodEetatee No. 2.
4. L&rk Street Water Drainage
5. Gopher Diapoaal Servicez Battery, Collection
6. Consider Option Far Open Space
7. Preva~ling Wage Ord£nance (2ndRead~ng)
8. Holloway Avenue - Project 87-14 (4 Votee)
I. NEW BUSINESS
1. Code Amendmentz Slect~£cal Inepection~
2. Sarrack'8 International Wines and Sp~r£ta
3. 2264-2292 Larpenteur Avenue
4. 2626 Highway 61 and 1186 B. County Road C
$. Ramsay County Overlay Agreement
6. SouthlawnAvenuo, Pro~ect.8S-17
7. Stem SMr Feas~bility Studies
8. Data P~lv&cy - Record.Retention 8chedul~
9. City Hall Update
10. April 12, 1990 - 5z30 P.H., Heating to D£acuam Roaelawn Avenue
J. VISITOR PRESENTATIONS
COUNCIL PRESENTATIONS,'
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9.
10.
L. ADHINISTI~T~VE PRESENT~TION~
1.
e
M. ADJOURNMENT OFMEETIN~
MINI~EES OF MAPLEWOOD CItY COUNCIL
7:00 P.M., Monday, April 9, 1990
and
4:30 P.M., Thursday, April 12, 1990
Hazelwood Fire Station
Meeting No. 90-7
CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota, was held at the
Hazelwood Fire Station, 1530 E~ County Road C and was called to order at 7:00
P.M., by Mayor Anderson.
ROLL CALL
Norman G. Anderson, Mayor
Gary W. Bastian, Councilmember
Frances 1. Juker, Councilmember
George F. Rossbach, Councilmember
Joseph A. Zappa, Councilmember
Present
Present
Present
Present
Present
C. APPROVAL OF MINUTES
1. Minutes of Meeting No. 90-6 (March 26, 1990)
MayorAnderson moved to approve the Minutes of Meetino No. 90-6 ~March 26.
1990} as submitted.
Seconded by Councilmember Bastian.
Ayes - Mayor Anderson, Councilmembers
Bastian, Juker and Zappa.
Councilmember Rossbach abstained.
Mayor Anderson introduced Boy Scout Troop from Beaver Lake School who attended the meeting
and are working for their citizenship award.
D. APPROVAL OF AGENDA
Mayor Anderson moved to approve the Aaenda as amended:
1. Hazardous Waste Day
2. School District's Election
3. Gervais Street, West from Kennard
4. New Car Dealer - Parking
5. Gas Station - Larpenteur and Highway 61
6. Stillwater Road Tower
7. Suburban Rate Authority
8. Cable
9. Arbor Day
10. City Hall Planting
i 4-9-90
(
Seconded by Councilmember Bastian. Ayes - a11.
CONSENT AGENDA
Councilmember Rossbach movedt seconded by Councilmember Zappat Ayes - all. to
approve the Consent Aqend4~ Items ~-~ throuqh 4 as recommended:
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Approval of Accounts
ACCOUNTS PAYABLE:
$ 243,012.61
$ 78~348.84
$ 321,361.45
PAYROLL:
$ 181,187.75
$ 9~787.86
$ 190,975.61
$ 512,337.06
Checks #5548 - $5595
Dated 03-15-90 thru 03-27-90
Checks #3959 - 24087
Dated -4=-0=0-
Total per attached voucher/check register
Payroll Checks
Payroll Deductions
Total Payroll
GRAND TOTAL
Budget Transfer - Sanitary Sewer Operation
Approved a budget transfer of $10,100 from the sanitary sewer contingency
account to the fee for service account to pay for the bills for sanitary
sewer outlets created by the agreement with St. Paul.
3. Renewal of Contracts for Insurance Consultant
Authorized the renewal of the contract with the firm of Corporate Risk
Management, Inc., as the City's insurance consultant.
4. Selection of Insurance Agents
Approved that the selection of insurance agents is as follows~
Ekblad, Pardee and Bewell - Markets assigned to this agency ares
League of Minnesota Cities, United Fire and Casualty, Hartford
Steam Boiler, Western National, Auto Owners, St. Paul Companies,
and Penco.
Hadtrath and Associates, Inc. - markets assigned to this agency
are: Titan Indemnity, U.S.F. & G., Illinois Insurance Exchange
and State Fund Mutual for Workers Compensation.
2 4-9-90
H. UNFINISHED BUSINESS
1. Code Amendments Volume Based Garbage Rates (2nd Reading)
a. Manager McGuire presented the staff report.
b. Councilmember Zappa introduced the followinq ordinance and moved its
adoption~
ORDINAN~ NO. 661
AN ORDINANCE REQUIRING VOLUME-BASED
RATES FOR GARBAGE COLLECTION
THE MAPLEWOOD CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 16 (Garbage and Refuse Code) is hereby amended to add
the following section:
Sec. 16-33. Volume-based rates.
Each garbage hauler licensed under this ordinance shall provide to their
residential customers a system of volume-based rates. A volume-based rate
is a solid waste collection and disposal charge based on the volume of the
solid waste. There shall be a minimum of two categories for the volume of
garbage and for the rate of collection. The rate shall be proportionately
less for the smaller category.
Section 2. This ordinance shall take effect upon its passage and publication.
Seconded by Councilmember Rossbach.
Ayes - all.
F. PUBLIC HEARINGS
1. 7~10 P.M., Conditional use Permit Revision: Cope Avenue (Lillie Veterinary
Clinic).
a. Mayor Anderson convened the meeting for a public hearing regarding the
request of John Lillie, Jr., Lillie Veterinary Clinic, for approval to
revise the site plan as follows=
The parking spaces previously proposed north of the
building would be relocated closer to the east lot line in
an area that was proposed for parking-lot expansion. The
area north of the building would be left as green area.
2. The building would be reduced from 2,684 square feet to
2,382 square feet, and the basement would be omitted.
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The landscape plan has been revised. Three trees
previously proposed east and southeast of the building
would be moved to the north side of the building.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the
proposal.
d. Board Member Roger Anitzberger presented the Community Design Review
Board recommendation.
e. Mr. Scott Nettleton, representing Lillie Veterinary Clinic, spoke on
behalf of the proposal.
f. Mayor Anderson called for persons who wished to be heard for or
against the proposal. The following persons expressed their views:
Gary Gerke, 1252 Cope Avenue
g. Mayor Anderson closed the public hearing.
h.. Councilmember Zappa moved that the three trees remain on the south
side of buildino.
Seconded by Mayor Anderson.
Ayes- all.
i. Councilmember Zappa introduced the followinq resolution and moved its
adoption:
90 - 4 - 48
WHEREAS, John Lillie, Jr., initiated a conditional use permit for a
veterinary clinic at the following-described property:
That part of Block 13 and the vacated street and the vacated alley
in said Block 13, Clifton Addition, according to the plat thereof,
on file and of record in the office of the County Recorder, Ramsey
County, Minnesota, described as follows: Beginning at the
southwest corner of said Block 13; thence north 0 degrees 44
minutes east, along the east line of Atlantic Street, a distance
of 277.04 feet to the southwesterly line of proposed street;
thence south 60 degrees 46 minutes east, along said southwesterly
line, a distance of 398.26 feet to the west line of the east 10
feet of Lot 7, said Block 13, Clifton Addition; thence south 0
degrees 44 minutes west, a distance of 82.53 feet to the south
line of said Block 13; thence west 350 feet to the point of
beginning, excepting therefrom the following described parcel of
land:
That part of Block 13 and the vacated alley in said Block 13,
Clifton Addition, according to the plat thereof, on file and of
4 4-9-90
record in the office of the County Recorder, Ramsey County,
Minnesota, described as follows~ Commencing at the southwest
corner of said Block 13~ thence north 0 degrees 44 minutes east,
along the east line of Atlantic Street~ a distance of 277.04 feet
to the southwesterly line of proposed street~ thence south 60
degrees 46 minutes east, along said southwesterly line, a distance
of 228.09 feet to the point of beginning of the parcel of land to
be described~ thence continuing along said southwesterly line, a
distance of 170.00 feet to the west line of the east 10 feet of
Lot 7, said Block 13, Clifton Addition~ thence south 0 degrees 44
minutes west, a distance of 82.53 feet to the south line of said
Block 13~ thence west, a distance of 210.00 feet~ thence north, at
right angles to said south line of Block 13, a distance of 53.78
feet~ thence north 29 degrees 14 minutes 24 seconds east, a
distance of 128.16 feet to the point of beginning.
WHEREAS, the procedural history of this conditional use permit is as
follows~
1. This conditional use permit was approved by the Maplewood
City Council on November 13, 1989.
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The Maplewood City Council held a public hearing to
consider a revision to this permit on April 9, 1990.
Notice thereof was published and mailed pursuant to law.
Ail persons present at said hearing were given an
opportunity to be heard and present written statements.
The Council also considered reports and recommendations of
the City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the
above-described conditional use permit be approved on the basks of the
following findings-of-fact=
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.
40
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, waterrun-off, vibration, general
unsightliness, electrical interference or other nuisances.
5 4-9-90
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.
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.
Se
The use would maximize the preservation of an 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=
Adherence to the revised site plan, date-stamped March 15,
1990. Minor changes may be approved by the Director of
Community Development.
This permit shall be subject to review after one year from
the date of approval, based on the procedures in City
code.
3. There shall not be any outdoor kenneling of animals.
4. There shall not be any noise from barking inside the
building that can be heard at a residential property line.
Seconded by Mayor Anderson.
Ayes - all.
2. 7=20 P.M., Southlawn Drive and Beam Avenue
a. Conditional Use Permit (Chili's)
b. Community Design Review Board Appeals
1. Mayor Anderson convened the meeting for a public hearing
regarding the requests of Chili's, Inc., Richard Schreier and City
Staff as follows~
a. Chili's, Inc., is requesting approval of a conditional
use permit (CUP). The permit is for a 5,995-square-foot,
217-seat Chili's Restaurant. The zoning is BC(M),
Business Commercial (Modified). Code requires a
conditional use permit for restaurants in BC(M) districts.
b. The prOperty owner is requesting approval of a 24,540-
square-foot, one-story shopping center.
6 4-9-90
c. Staff is recommending several changes to the Community
Design Review Board approval.
2. Manager McGuire presented the staff report.
3. Director of Community Development Olson presented the
specifics of the proposal.
4. Commissioner Will Rossbach presented the Planning Commission
recommendation.
5. Board Member Roger Anitzberger presented the Community Design
Review Board recommendation.
6. Mayor Anderson called for persons who wished to be heard for
or against the proposal. The following asked questions and
presented their views~
Randy Engle, Buetow and Associates, Architect
Richard Schreier, 2125 DeSoto, owner of the property
Bill Potts, representing Chili's, Inc.
John Saunders, representing Share, Inc.
Pam Shau, representing Share, Inc.
Margaret Early, Southlawn and Radatz
Roger Rickey, 1809 Radatz
7. Mayor Anderson closed the public hearing.
8. Councilmember Bastian moved to delete the frontaqe road and
remove that from the site plan.
Seconded by Councilmember Rossbach.
Ayes - Mayor Anderson, Councilmembers
Bastian, Juker and Rossbach
Nay - Councilmember Zappa.
9. Councilmember Bastian moved to allow the easterly second curb
cut as lonq as it is in consideration of the chanqe of the
location o~ the plantinqs to the west.
Seconded by Councilmember Zappa.
Ayes - all.
10. Mayor Anderson moved to have siqnaqe for riqht turns only o~to southlawn
for both curb cuts.
Seconded by Councilmember Bastian.
Ayes m Mayor Anderson, Councilmember
Zappa.
Nays - Councilmembers Bastian, Juker,
and Rossbach.
Motion failed.
7 4-9-90
11'. Councilmember Juker moved to have riqht hand turn only access
to southlawn from pa~kinq lot for southerly exit for sure or both
exits if necessary and that it be siqned as riqht turn only.
Seconded by Councilmember Bastian.
Ayes - Mayor Anderson, Councilmembers
Bast£an, Juker and Rossbach
Nay - Coun¢ilmember Zappa.
12. Councilmember Rossbach moved to approve the site plan for
Chili's restaurant as shown and that the rest of the development
be phased.
Seconded by Councilmember Juker.
Ayes - Mayor Anderson, Councilmembers
Bastian, Juker and Rossbach.
Nay - Councilmember Zappa.
13. Councilmember Rossbach moved to approve the site plan for the
retail center as shown with provisions that the 20 southerly
parkinq spaces not be marked and posted "No Parkina" until such
time as it is obviously needed.
Seconded by Councilmember Anderson. Ayes - all.
Councilmember Zappa moved an amendment that the developer start construction
without the southerly parallel parkinq units.
Seconded by Mayor Anderson.
Ayes - Mayor Anderson, Councilmember
Zap~a.
Nays - Councilmembers Bastian, Juker
and Rossbach.
Motion defeated.
14. Councilmember Bastian moved to approve a variance for the
retail center for up to 20 southerly spaces.
Seconded by Mayor Anderson.
Ayes - all.
15. Councilmember Juker moved that the color of the awnina for
the buildina be chanaed.
Motion died for lack of a second.
16. Mayor Anderson moved to approve the CDRB recommendations as
amended with the followina added provisions.
Plantings cannot be over 2 feet high adjacent to the
westerly driveway on Beam
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Full brick on the east, west and north sides of the
building.
Seconded by Councilmember Rossbach.
Ayes - Mayor Anderson, Councilmembers
Juker, Rossbach and Zappa.
Nays - Councilmember Bastian.
17. Councilmember Bastian introduced the fo~lowinq resolution and
moved its adoption~
90 - 4 - 49
WHEREAS, Chili's, Inc., initiated a conditional use permit to
construct a restaurant in a BC(M), business commercial (modified)
district at the following-described property=
West 150 ft. of the North 390 ft. of the SW 1/4, Sec. 2, T
29N, R 22W, lying north of Radatz Avenue, subject to Beam
Ave. and except the West 33 ft. thereof taken for
Southlawn Drive. East 100 ft. of the West 250 ft. of the
North 390 ft. of SW 1/4 Sec. 2, T 29 N, R 22W. Lying
North of Radatz Avenue subject to Beam Avenue. East 100
ft. of the West 350 ft. of the North 390 ft. of SW 1/4,
Sec. 2, T 29N, R 22W, lying north of Radatz Avenue,
subject to Beam Avenue. East 100 ft. of the West 450 ft.
of the North 390 ft. of SW 1/4, Sec. 2, T 29N, R 22W,
lying north of Radatz Avenue, subject to Beam Avenue.
WHEREAS, the procedural history of this conditional use permit
is as follows~
This conditional use permit was reviewed by the
Maplewood Planning Commission on March 5, 1990.
The Planning Commissionrecommended to the City
Council that 'said permit be approved.
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The Maplewood City Council held a public hearing
on April 9, 1990. Notice thereof was published
and mailed pursuant to law. All persons present
at said hearing were given an opportunity to be
heard and present written statements. The Council
also considered reports and recommendations of the
City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL
that the above-described conditional use permit be approved on the
basis of the following findings-of-facts
1. The use would be located, designed, maintained,
constructed and operated to be in conformity with
9
4-9-90
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.
4e
The use would not involve any activity, process,
materials, equilanent 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.
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.
6e
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.
Se
The use would maximize the preservation of and
incorporate the site's natural and scenic features
into the develoi~nent design.
9. The use would cause minimal adverse environmental
effects.
Approval is subject to the following conditions=
Compliance with the approved site plan and related
conditions. Minor changes may be approved by the
Director of Community Development.
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This permit shall be subject to review after one
year from the date of approval, based on the
procedures in the City code.
Seconded by Councilmember Zappa.
Ayes - all.
3. 7=30 P.M., Olive Garden's Liquor License
10 4-9-90
a. Mayor Anderson convened the meeting for a public hearing regarding the
request of Paul A. Stein for approval of an On-Sale Liquor License, for
The 0live Garden Italian Restaurant, 1749 Beam Avenue.
b. Manager McGuire presented the staff report.
c. Director of Public Safety Collins presented the investigation reports.
d. Mr. Paul Stein, the applicant, stated he is not involved in any other
liquor license or establishment.
e. Mayor Anderson called for proponents or opponents. None were heard.
f. Mayor Anderson closed the public hearing.
g. Councilmember Zappa introduced the followinq resolution and moved it~
adoption=
9O - 4, - 5O
NOTICE IS HEREBY GIVEN, that pursuant to action by the City Council of
the City of Maplewood on April 9, 1990, an On-Sale Intoxicating Liquor
License was approved for Paul Stein, dba The Olive Garden, 1749 Beam
Avenue.
The Council proceeded in this matter as outlined under the provisions
of the City Ordinance.
Seconded by Councilmember Rossbach.
H. UNFINISHED BUSINESS (Continued}
2. Reconsiderations Mark's Nature Haven
Ayes - all.
a. Councilmember Rossbach moved to reconsider the decision reqardin~
Mark's Nature Haven and placed it on the May 14, 1990 Aqenda.
Ayes - Mayor Anderson, Councilmembers
Juker, Rossbach and Zappa.
Nay - Councilmember Bastian.
Seconded by Councilmember Zappa.
3. Highwood Estates No. 2
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson presented the specifics of the
proposal.
c. Mr. Bill Mahre, 1737 Clarence Street, representing the St. Paul Ski
Club (st. Paul Educational Foundation) spoke regarding drainage.
11 4-9-90
d. Councilmember zappa moved to approve the Hiqhwood Estates No. 2
preliminary plat subject to the followinq conditions beinq completed
before final plat aPProval=
a. Submittal of a signed developer's agreement, with required
surety, for all required public improvements, erosion control and
tree replacement. This agreement shall include, but not be
limited to~
(1) A requirement for the placement of temporary fencing, during
construction, around woodlots to be saved.
(2) The installation of standard street lights in 8
locations, primarily at street intersections. An
additional street light shall be required at the
intersection of Highwood Avenue and Sterling Street at the
time sterling street is extended. The exact location and
type of the lights shall be subject to the approval of the
City Engineer.
(3) If deemed necessary by the City Engineer, the
construction of a 12-inch-diameter water main from the
south end of Marnie Street through Pleasant View Park into
the plat. The 12-inch water main shall continue from the
intersection of Sterling Street and Southcrest Avenue east
along Southcrest to O'Day Street, then north on O'Day to
Ogden Avenue, (Nemitz Avenue), then east to Nemitz Avenue
and shall end at the intersection of Nemitz and Southcreet
Avenues (Dennis Street).
(4) The construction of a 8-foot-wide bituminous trail
from the south end of Marnie Street in Pleasantview Park
to the intersection of Sterling Street and Southcrest
Avenue. The location and construction of the trail shall
be subject to the approval of the City Engineer and parks
and Recreation Director.
(5) Granting to the City of Maplewood a temporary 100-
foot-diameter cul-de-sac bulb easement for the temporary
dead end of Sterling Street.
b. The right-angle curve at the intersection of Sterling Street
and Southcrest Avenue shall be redesigned as a 90-foot-radius
curve, as measured along the center of the street. The property
line between Lots 7 and 8, Block 7, shall be redesigned so .that it
is perpendicular to the center line of the street.
c. Sterling Street and Southcrest Avenue shall have a right-of-
way width of 60 feet and a pavement width of 32 feet.
d. Approval of final grading, utility, drainage, erosion control
and street plans by the City Engineer. The erosion control plan
12 4-9-90
shall address the recommenda~i0h"~°f ~the Soil Conservation
District and the Ramsey-Washington Watershed District.
e. The grading plan shall include a proposed building pad
elevation and contour information for each home site, as well as
the areas to be disturbed for street construction. Housing styles
shall be illustrated which minimize grading on sites that contain
trees to be preserved. The grading plan shall show the depth and
location of the Williams Brothers pipeline and shall show the
required berm for Lot 9, Block 6 (Outlot B) along the west
easement line of the pipeline. Deviation from the approved
grading may be permitted by the City Engineer, provided that the
intent of the overall grading plan is complied with.
f. Approval of a tree removal and planting plan by the Director
of Community Development before grading or construction begins, or
final plat approval is given. This plan must illustrate the trees
that are to be removed, those that are to be retained, and those
that are to be replanted.
g. Recordable deed restrictions to be recorded to run with the
title of the affected parcels, shall be submitted to the City
along with the appropriate recording fees to:
(1) No more than 40% of the roof area of each dwelling
and attached or unattached garages shall discharge water
to the south. This discharge shall be controlled with
gutters, downspouts, splashblocks or other acceptable
methods of eliminating erosion during its course to the
ponding areas.
(2) Except for Lot 9, Block 6, prohibit the construction
of a dwelling within 100 feet of the Williams Brothers
pipeline. (The lots that appear to be effected are Lots 1
- 8, Block Six and Lot 26, Block One.) The developer
shall also notify the purchasers of the pipeline location.
h. This plat shall be subject to Section 9-191 of the Maplewood
City Code (Environmental Protection) including providing the City
Engineer with a study prepared by a registered soils engineer to
certify the stability of potentially unstable slopes in the areas
of the plat that will have significant grading.
i. Deed Outlot a to the St. Paul Education Foundation.
J. The dedication of three feet of right-of-way to Ramsey County
for Highwood Avenue.
k. Change the name of the north-south portion of Southcrest
Avenue to Dennis Street to be consistent with Maplewood's street
name system.
13 4-9-90
1. Crestview Court shall be renamed Mamie Court.
m. Ogden Avenue shall be renamed Nemitz Avenue.
n. Lot 9, Block 6 shall be platted as Outlot B. This outlot
shall not be platted or used as a building site until Sterling
Street is constructed through to Highwood Avenue.
o. Public storm water piping easements shall be obtained from the
owners of the St. Paul Education Foundation property to allow
storm water from the plat to reach the City ponding area.
p. The developers' agreement shall include the construction of a
culvert under Carver Avenue at Sterling Street.
q. The City must get a permit from Mn/Dot for the developers to
construct discharge piping to the 1-494 ditch. The City must also
get a permit for the Ski Club to pump stormwater into the 1-494
ditch in perpetuity.
r. The Developers shall obtain an easement from Mn/Dot for use of
the 1-494 right-of-way for ponding. This easement shall be as
described in the developers' agreement with the Ski Club.
Seconded by Councilmember Juker.
Ayes - all.
e. Councilmember Bastian introduced the following resolution and moved
its adoptions
90 - 4 - 51
WHEREAS, Roar Development initiated a rezoning from F, farm
residential to R-l, single-dwelling residential for the following-
described property~
1. Outlot A, Highwood Estates (Parcel 13-28-22-42-40).
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SUB TO STH 100/117 THE W 100 FT OF E 298 FT OF N 245 FT OF
W 1/2 OF NE 1/4 OF SE 1/4 AND W 63 FT OF E 361 FT OF NO
183 9/10 FT OF SD W 1/2 IN SEC 13 TN 28 RN 22 (PARCEL 13-
28-22-41-0012).
EX E 173 FT OF N 1100 FT W OF CARVER LOTS & EX W 100 FT OF
E 298 FT OF N 245 FT & EX W 63 FT OF E 261 FT OF N 183.9
FT OF W 1/2 OF NE 1/4 OF SE 1/4. PART, NWLY OF HWY 494,
OF NE 1/4 OF SE 1/4. ALSO, PART NWLY OF HWY 494 OF GOVT
LOT i IN SEC 13 TN 28 RN 22 (PARCEL 13-28-22-41-0013).
SUBJ TO RD; EX N 552.1 FT OF FOL; PART WLY OF CL OF SD RD
OF NW 1/4 OF SE 1/4 & PART E OF PLEASANTVIEW PARK NO 2 OF
NE 1/4 OF SW 1/4 OF SEC 13 TN 28 RN 22 (PARCEL 13-28-22-
31-0064).
14 4-9-90
WHEREAS, the procedural history of this rezoning is as follows=
This rezoning was reviewed by the Maplewood Planning
Commission on February 20, 1990. The Planning Commission
recommended to the City Council that said rezoning be
approved.
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The Maplewood City Council held a public hearing on April
9, 1990, to consider this rezoning. Notice thereof was
published and mailed pursuant to law. Ail persons present
at said hearing were given an opportunity to be heard and
present written statements. The Council also considered
reports and recommendations of the City Staff and Planning
Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the
above-described rezoning be approved on the basis of the following
findings of fact:
1. The proposed change is consistent with the spirit-, purpose
and intent of the zoning code.
me
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.
The proposed change will serve the best interests and
conveniences of the community, where applicable and the
public welfare.
4e
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. The proposed R-1 zoning would be consistent with the
proposed RL designation on the Land Use Plan.
Seconded by Councilmember Zappa.
Ayes - all.
4. Lark Street Water Drainage
a. Manager McGuire presented the staff report.
b. Councilmember Zappa moved that the area around 379 Lark be added to
the feasibility study already in proaressr Pro~ect 90-07, for water and
miscellaneous improvements.
Seconded by Mayor Anderson.
Ayes - all.
15 4-9-90
5. Gopher Disposal Service= Battery Collection
Discussed after item H-1 and removed from Agenda.
6. Consider Option For Open Space
a. Manager McGuire presented the staff report.
b. Councilmember Zappa moved to refer this item to the Parks and
Recreation Commission for research and report back tO the Council in 90
days with their recommendation.
Seconded by Councilmember Juker.
Ayes - all.
7. Prevailing Wage Ordinance (2nd Reading)
a. Manager McGuire presented the staff report.
b. Councilmember Bastian introduced the followinq ordinance and moved its
adoption=
ORDINANCE NO. 662
AN ORDINANCE REQUIRING THAT CERTAIN
CONTRACTS FOR CITY CONSTRUCTION
CONTRACTS CONTAIN PROVISIONS REQUIRING
PREVAILING WAGE RATES BE PAID TOLABORERS
AND MECHANICS ON THE PROJECT SITE
THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, DOES HEREBY ENACT AND ORDAIN:
Section 1. The Municipal Code of the City of Maplewood is amended to read as
follows=
A. City Policy. It is in the public interest that public buildings be
constructed and maintained in the highest quality and that the men and women be
compensated to the full and just value of the services they perform. It is
therefore declared to be the policy of the City of Maplewood that the wages paid
to the trades, occupations and laborers on these projected financed in whole by
City funds should be comparable to wages paid for similar work in the community as
a whole.
B. Definitions. The terms used in this Section shall have the meaning given
them unless otherwise defined.
City Project. "City Project" means the erection, construction or
remodeling of a building where all the following conditions are
present-.
(a) The work is performed on real property and not solely on
personal property;
16 4-9-90
(b) The project is required to be competitively bid pursuant to
Minn. Stat. No. 471.345~
(c) The work is to be let by the City under Contract~ and
The Project is financed in whole by City funds.
me
Prevailing Wage. "Prevailing Wage" means the hourly basic rate of
pay plus the contribution for health and welfare benefits,
vacation benefits, pension benefits, and any other economic
benefit paid to the largest number of workers engaged in the same
class of labor within the community, including the rental rates
for truck hire paid to those who own and operate the truck. The
prevailing wage rate may not be Ieee than a reasonable and living
wage. The rate shall be the one as determined by the commissioner
of Labor and Industry from time to time pursuant to Minn. Stat.,
No. 177.41 to 177.44.
3. Community. "Community" means the County of Ramsey
4e
Hours of Labor. "Hours of labor" means hours of labor per day and
per week worked with the community by workers of the same class.
The prevailing hours of labor may not be more than eight hours per
day or more than 40 hours per week. However, no worker shall be
permitted or required to work more hours than herein sgecified
unless all hours in excess of eight hours per day or 40 hours per
week are at least at the rate of one and one-half the hourly basic
rate of pay.
C. Contract Requirements. The bid specifications and the contract for
any City project shall contain the following provisions, or language
similar in content or intent.
The contractor and any subcontractor, agent or other person doing
or contracting to do all or a part of the City Project must pay at
least the prevailing wage rate to all trades and occupation
workers employed directly on the work site.
me
Upon request of the City, the contractor and any subcontractor,
agent and other person doing or contracting to do all or a part of
the work of the City Project shall within five (5) working days
supply the City of copy of payrolls showing wages paid, and a wage
compliance statement with respect to wages paid each of its
laborers, workers, and mechanics employed directly on the City
Project work site. In the event such statements are not provided
or in the event such statements disclose that the required
Prevailing Wage Rate is not being paid, then the City shall have
the right to withhold payments to the contractor for such periods
of non-compliance. The withheld payments shall be equal to the
difference between the wages paid and the Prevailing Wage Rate for
the period of non-compliance. During the work, the City shall
have the right to require an audit of the contractor's books to
17 4-9-90
determine compliance or non-compliance. Each contractor and
subcontractor shall retain copies of the weekly payrolls for a
period of not less than one (1) year after completion of the work.
D. Exceptions.
The requirements set forth in the previous section do not apply to
wage rates of laborers, workers, or mechanics who process or
manufacture materials or products or to the delivery of materials
or products by or for commercial establishments which have a fixed
place of business from which they regularly supply processed or
manufactured materials or products. Provided, however, the
requirements set forth in the previous section do apply to
laborers, workers, or mechanics who deliver mineral aggregate such
as sand, gravel, or stone which is incorporated into the work
under the contract by depositing the materials substantially in
place, directly or through spreaders, from the transporting
vehicle.
The requirements set forth in the previous sections do not apply
to City projects where 20% or more of the funds are derived from
special assessments pursuant to Minnesota Statute No. 429, et al.
Section 2. This ordinance shall take effect and be in force from the
date of its passage and publication as provided by law.
Seconded by Councilmember Zappa.
Ayes - all.
8. Holloway Avenue - Project 87-14 (4 Votes)
a. Manager McGuire presented the staff report.
b. Director of Public Works Haider informed the Council of the history of
the proposed improvement.
c. Councilmember Zappa moved to approve the construction of Hollowa¥
Avenue Pro4ect 87-14 as presented.
Seconded by Mayor Anderson.
Ayes - Mayor Anderson, Councilmember
Zappa.
Nays - Councilmembers Bastian, Juker
and Rossbach.
Motion defeated.
d. Councilmember Zappa moved that staff prepare for a public hearina
reaardina the vacation of the Hollowa¥ Avenue riqht of way.
Seconded by Mayor Anderson.
Ayes - all.
18 4-9-90
N~W BUSINESS
1. Code Amendment= Electrical Inspections
a. Manager McGuire presented the staff tel)oft.
b. Councilmember Bastian moved first readinq o~ an ordinance concer~ina
electrical inspections and requirements.
Seconded by Councilmember Zappa. Ayes - all.
2. Sarrack's International Wines and Spirits
a. Manager McGuire presented the staff report.
b. Councilmember Juker moved that sarrack's International wine and
Spirits reappl¥ for the variance to exgand their parkinq lot up to fiv~
feet of the north property line and that a variance be qranted to waive
the application fee and to waive the appearance before the Community
Desiqn Review Board.
Seconded by Councilmember Zappa. Ayes - all.
3. 2264-2292 Larpenteur Avenue
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson stated that this matter was
brought back to the Council because of two problems~ (1) the drainage,
the house on Lot i was placed 2 to 2-1/2 feet above the grade shown on the
site plan, and (2) the brick being removed from the houses.
c. Councilmember Zappa moved to direct the staff to enforce the action of
this Council at the time the oriqinal plans were presented and approved.
Seconded by Councilmember Rossbach. Ayes - all.
4. 2626 Highway 61 and 1186 E. County Road C
a. Manager McGuire presented the staff report.
b. Councilmember Zappa moved to authorize staff to qive Mr. Kline 30 dayg
notice to repair, demolish or remove the former repair qaraqe at 2626
Hiqhway 61 within 30 days of notice.
Seconded by Councilmember Juker.
Ayes - Mayor AnderSon, Councilmembers
Juker, Rossbach and Zappa.
Nay - Councilmember Bastian.
19 4-9-90
5. Ramsey County Overlay Agreement.
a. Manager McGuire presented the staff report.
b. Mayor Anderson moved to direct staff to enter %nto an aqreement with
Ramsey County reqardinq the County offerinq shoulder parkinq on four road~
that are scheduled for major maintenance this year and that this be
financed from the Street construction State Aid Fund.
Seconded by Councilmember Juker.
Ayes - all.
Southlawn Avenue, Project 87-17, Change Order Six and Seven, Accept Project and
Order Preparation of Assessment Roi1.
a. Manager McGuire presented the staff report.
b. Councilmember Bastian introduced the followinq resolutions and moved
their adoptions
90 - 4 - 52
WHEREAS, the City Council of Maplewood, Minnesota, has heretofore
ordered made Improvement Project 85-17 and has let a construction contract
pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract in the
amount of $476,467.97 be modified and designated as Improvement Project
85-17 Change Order Six.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that the Mayor and City Clerk are hereby authorized and
directed to modify the existing contract by executing said Change Order
Six in the amount of $666.51.
9O - ,~ - 53
WHEREAS, the City Council of Maplewood, Minnesota, has heretofore
ordered made Improvement Project 85-17 and has let a construction contract
pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract in the
amount of $477,134.48 be modified and designated as Improvement Project
85-17 Change Order Seven.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that the Mayor and City Clerk are hereby authorized and
directed to modify the existing contract by executing said Change Order
Seven in the amount of $28,344.08.
20 4-9-90
90 - 4 - 54
WHEREAS, the City Manager for the City of Maplewood has determined
that Southlawn Avenue, City Project 85-17 is complete and recommends
acceptance of the proJect~
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that City Project 85-17 is complete and maintenance of these
improvements is accepted by the City. Release of any retainage or escrow
is hereby authorized.
90 - 4 - 55
WHEREAS, the City Clerk and City Engineer have final construction
costs for the improvement of Southlawn Avenue, City Project 85-17.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that the City Clerk and City Engineer shall forthwith calculate
the proper amount to be specially assessed for such improvement against
every assessable lot, piece or parcel of land abutting on the streets
affected, without regard to cash valuation, as provided by law, and they
shall file a copy of such proposed assessment in the city office for
inspection.
FURTHER, the Clerk shall, upon completion of such proposed assessment
notify the Council thereof.
Seconded by Councilmember Zappa.
Ayes - all.
7. storm Sewer Feasibility Studies
a. Manager McGuire presented the staff report.
b. Councilmember Zappa moved that staff would perform the studies in
house except for the County Road M pro~ectr that would be handled by a
consultant and introduced the followinq resolutions and moved their
adoption=
90 - 4 - 56
WHEREAS, it is proposed to construct storm sewer to serve the
Mississippi River Bluff drainage area and to assess the benefited property
for all or a portion of the cost of the improvement, pursuant to Minnesota
Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA=
That the proposed improvement be referred to the City Engineer for
study and that he is instructed to report to the Council with all
convenient speed advising the Council in a preliminary way as to whether
21 4-9-90
the proposed improvement is feasible and as to whether it should best be
made as proposed or in connection with some other improvement, and the
estimated cost of the improvement as recommended.
Furthermore, funds in the amount of $9,500 are appropriated to prepare
this feasibility report.
90 - 4 - 57
WHEREAS, it is proposed to construct storm sewer to serve the Condor-
East drainage area and to assess the benefited property for all or a
portion of the cost of the improvement, pursuant to Minnesota Statutes,
Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
That the Proposed improvement be referred to the City Engineer for
study and that he is instructed to report to the Council with all
convenient speed advising the Council in a preliminary way as to whether
the proposed improvement is feasible and as to whether it should best be
made as proposed or in connection with some other improvement, and the
estimated cost of the improvement as recommended.
Furthermore, funds in the amount of $16,000 are appropriated to
prepare this feasibility report.
90 - 4 - 58
WHEREAS, it is proposed to construct storm sewer to serve the
Harvester drainage area and to assess the benefited property for all or a
portion of the cost of the improvement, pursuant to Minnesota Statutes,
Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
That the proposed improvement be referred to the City Engineer for
study and that he is instructed to report to the Council with all
convenient speed advising the Council in a preliminary way as to whether
the proposed improvement is feasible and as to whether it should best be
made as proposed or in connection with some other improvement, and the
estimated cost of the improvement as recommended.
Furthermore, funds in the amount of $11,000 are appropriated to
prepare this feasibility report.
90 - 4 - 59
WHEREAS, it is proposed to construct storm sewer to serve the Duluth-
English drainage area and to assess the benefited property for all or a
22 4-9-90
~ortlon of the cost of the improvement, pursuant to Minnesota Statutes,
Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA~
That the proposed improvement be referred to the City Engineer for
study and that he is instructed to re~ort to the Council with all
convenient speed advising the Council in a preliminary way as to whether
the proposed improvement is feasible and as to whether it should best be
made as proposed or in connection with some other improvement, and the
estimated cost of the improvement as recommended.
Furthermore, funds in the amount of $11,000 are appropriated to
prepare this feasibility report.
90 - 4 - 60
WHEREAS, it is proposed to construct storm sewer to serve the Gall
Avenue drainage area and to assess the benefited property for all or a
portion of the cost of the improvement, pursuant to Minnesota Statutes,
Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA~
That the proposed improvement be referred to the City Engineer for
study and that he is instructed to report to the Council with all
convenient speed advising the Council in a preliminary way as to whether
the proposed improvement is feasible and as to whether it should best be
made as proposed or in connection with some other improvement, and the
estimated cost of the improvement as recommended.
Furthermore, funds in the amount of $9,500 are appropriated to prepare
this feasibility report.
90 - 4 - 61
WHEREAS, it is proposed to construct storm sewer to serve the County
Road B drainage area to assess the benefited property for all or a portion
of the cost of the improvement, pursuant to Minnesota Statutes, Chapter
429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
That the proposed improvement be referred to the City Engineer for
study and that he is instructed to report to the Council with all
convenient speed advising the Council in a preliminary way as to whether
the proposed improvement is feasible and as to whether it should best be
23 4-9-90
made'as proposed or in connection with some other improvement, and the
estimated cost of the improvement as recommended.
Furthermore, funds in the amount of $19,000 are appropriated to
prepare this feasibility report.
Seconded by Mayor Anderson.
Ayes - Mayor Anderson, Councilmembers
Juker, Rossbach and Zappa.
Nay - Councilmember Bastian.
Councilmember Juker moved to waive the Rules of Procedure and extend the meetinq unti~
11:00 P.M.
Seconded by Councilmember Bastian.
8.
Ayes - all.
Data Privacy - Record Retention Schedule.
a. Manager McGuire presented the staff report.
b. Councilmember Zappa introduced the followinq resolution and moved its
adoption:
90 - 4 - 62
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD that the
attached General Retention Schedule for City government data is approved~
and, the attached Government Data Practices Master Plan for the City of
Maplewood is adopted.
The City Clerk is authorized and directed to implement said Retention
Schedule and Master Plan.
Seconded by Mayor Anderson.
Ayes - all.
9. City Hall Update
a. Director of Public Works Haider presented the construction update of
the city hall expansion. The Council should be able to hold their meeting
in the Council Chambers starting in May. He explained the alternatives
for the handicap parking spaces.
b. Councilmember Zappa moved to table this item.
Seconded by Councilmember Juker.
Ayes - Mayor Anderson, Councilmembers
Juker, Rossbach and Zappa.
Nay - Councilmember Bastian.
24 4-9-90
10. Discussion - Roselawn Avenue
a. Manager McGuire stated that the meeting to discuss the Roselawn Avenue
Improvements is scheduled for April 12, 1990, at 5=30 P.M. at City Hall.
VISITOR PRESENTATIONS
None.
COUNCIL PRESENTATIONS
1. Hazard Waste Day
a. Councilmember Bastian questioned if this City was going to sponsor a
Hazardous Waste Day.
b. Staff stated last year it was handled by Ramsey County. Staff will
investigate.
c. Council requested this item be placed on the next Agenda.
2. School District Election.
a. Councilmember Bastian questioned when was the School Board election.
b. Staff stated May 15, 1990.
3. Gervais Street - West from Kennard
a. Councilmember Zappa moved to place on next meetina aqenda to initiate
for discussion the improvement of Gervais from Kennard to Hazelwood,
Seconded by Mayor Anderson. Ayes - Mayor Anderson, Councilmembers
Juker and Zappa.
Nays - Councilmembers Bastian and
Rossbach.
4. Parking - Car Lots
a. Councilmember Bastian stated that the car dealerships on Highway 61
are using the right of way for placing their new cars.
b. Counc£1member Zappa moved that an ordinance restrictinq the
dealerships from usina the right of way for Darkin~ vehicles be placed on
the next a~enda.
Seconded by Councilmember Bastian. Ayes - all.
We
25 4-9-90
5. Gas Tanks - Highway 61 and Arcade.
a. Councilmember Zappa questioned if the gas tanks had been removed from
the abandoned gas station at Highway 61, Roselawn and Arcade.
b. Staff stated Council had been sent a memo informing that the gas tanks
had been removed.
6. Stillwater Water Tower
a. Councilmember Rossbach questioned if there were going to be trees
planted around the base of the water tower.
b. Staff stated trees can be planted if School District 622 gives
approval.
7. Suburban Rate Authority Meeting
a. Councilmember Juker stated she would be unable to attend the SKA
Meeting on April 18, 1990, and requested the alternate, Director of
Finance Faust, attend the meeting.
8. Cable
a. Mayor Anderson stated that when the Council meetings are put on cable,
should there be a dress code, should there be a pledge of allegiance,
etc.? He asked the Council to think about it and report back Thursday
evening.
9. Arbor Day
a. Mayor Anderson questioned if the City would be planting trees for
Arbor Day.
b. Councilmember Zappa requested that Director of Parks and Recreation
Odegard call "1, 800 FOR ELMS" to find out more about the planting
program.
City Hall Plantings
a. Mayor Anderson questioned if there had been any consideration given to
planting trees in the areas between the City Hall parking lots.
ADMINISTRATIVE PRESENTATION
1. Council Work Day Session
a. Manager McGuire stated one of the Councilmembers stated they had to
leave the April 12, 1990, meeting by 6:30 P.M. Could the meeting begin
before 4:30 P.M.
b. Council stated to start the meeting at 4:00 P.M.
26
10.
4-9-90
~ M. ADJOURNMENT
10:50 P.M.
City Clerk
27 4-9-90