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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,' ® o o 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: mo 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. 3 4-9-90 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. me 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 8 4-9-90 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. me 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. me 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). me 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. me 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