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HomeMy WebLinkAbout08-10-1998 MINUTES OF THE MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, August 10, 1998 Council Chambers, Municppal Building Meeting No. 98-16 A. CALL TO ORDER: A regular meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers, Municipal Building, and was called to order at 7:00 P.M. by Mayor Rossbach. B. PLEDGE OF ALLEGIANCE C. ROLL CALL: George F. Rossbach, Mayor Present Sherry Allenspach, Councilmember Present Dale H. Carlson, Councilmember Present Kevin Kittridge, Councilmember Present Marvin C. Koppen, Councilmember Present D. APPROVAL OF MINUTES: Councilmember Koppen moved to a rove the minutes of the Council/Mana er Worksho held on July 6, 1998 as presen e . Seconded by Councilmember Carlson Ayes -all Councilmember Carlson moved to approve the minutes of Meeting No. 98- as presented. Seconded by Councilmember Koppen Ayes -all E. APPROVAL OF AGENDA: Councilmember Carlson moved to approve the Agenda as amended. Seconded by Councilmember Koppen Ayes -all F. APPOINTMENTS/PRESENTATIONS NONE G. CONSENT AGENDA: Councilmember Koppen moved seconded b Councilmember Carlson: a es -all to a rove the Consent Agenda, Items roug , as recommen e . 1. Approval of Claims Approved the following claims: ACCOUNTS PAYABLE: $ 42,280.72 Checks #7571-#7575 Dated 7/22/98 thru 7/24/98 $ 256,629.41 Checks #38925-#39036 Dated 7/28/98 $ 253,357.05 Checks #7576-#7587 Dated 7/27/98 thru 7/31 /98 $ 291,848.60 Checks #39040 thru #39143 date 8/4/98 $ 844,115.78 Total Accounts Payable PAYROLL: $ 432,690.03 Payroll Checks and Direct Deposits Dated 7/24/98 1 8-10-98 $ 48,074.83 Payroll Deduction Checks #66819 thru #66832 Dated 7/24/98 $ 480,764.86 Total Payroll 1.324.880.64 GRAND TOTAL 2. Golden Star Apartments Loan Agreement and Assumption Agreement Charges Adopted the following resolution: 98 - 08 - 84 AUTHORIZING CHANGES TO EXISTING PROMISSORY NOTE AND LOW-INTEREST LOAN AGREEMENTS WITH RAMSEY COUNTY WHEREAS, Golden Star Properties Limited Partnership, a Minnesota Limited Partnership ("Borrower") and the City of Maplewood, a Political Subdivision ("Lender") entered into that certain Loan Agreement dated the 16th day of May, 1994 ("A reement"), and the Borrower has executed and delivered its Promissory Note dated May 16, 1994, in the principal amount of $328,000.00 ("Note"), and WHEREAS, Van Vliet Real Estate Companies, a Minnesota Corporation, is the sole surviving General Partner of the Borrower, and WHEREAS, Mr. Todd Horn is proposing to buy the Golden Star Apartments at 315-321 Larpenteur Avenue, Ramsey County, Minnesota and as such, needs to have the loan agreement and financing documents changed to show him as the new owner, and WHEREAS, both the Borrower and the Lender believe it to be in their best interests to revise the agreements and refinance as noted above. NOW, THEREFORE, BE IT RESOLVED, the Maplewood City Council authorize the parties to sign the assumption agreement and to amend said Agreements. 3. Conditional Use Permit Review - Champp's of Maplewood (1734 Adolphus Street) Reviewed the Conditional Use Permit for 1734 Adolphus Street and moved to review the permit again in only if a problem arises or if the owner proposes major changes to the site. 4. Conditional Use Permit Review -Quality Restoration Services (Frost Avenue) Reviewed the Conditional Use Permit for Quality Restoration Services 1734 Adolphus Street and moved to review the permit again in only if a problem arises or if the owner proposes major changes to the site. 5. Heavy Duty Truck Purchase Authorized staff to purchase aheavy-duty truck, plow, box and sander combination in the amount of $133,764. 6. English Street, Frost Project 98-07 -Establish Budget Directed staff to begin meeting with the neighborhood and begin pro ect development for English Street from Frost Avenue to Highway 36, and establish a budget of 5,000. 7. Harvester Avenue Area Street Improvements -Project 98-09, Establish Budget Directed staff to begin meeting with the neighborhood and begin protect development for Brand Avenue, Edith Street, Evar Street, Ferndale Street, Glendon Street, Michael Land and Midvale Place and establish a budget of $5,000. 8. Resolution to Restore NEST Funding Adopted the following Resolution: 2 8-10-98 98 - 08 - 85 RESOLUTION REQUESTING THE METROPOLITAN COUNCIL TO RESTORE NEST FUNDING TO THE 60% LEVEL WHEREAS, The Metropolitan Council stands to be a major beneficiary of the $41 billion in ISTEA funds to be disbursed for transit over the next six years, and WHEREAS, the Metropolitan Council policies as adopted in its Transportation Policy Plan include, in part, to: Focus investments to help implement the Regional Blueprint and the Regional Growth Strategy to support the region's economic vitality and quality of life. Make the transit system more compatible with different land use patterns and socioeconomic conditions. Make investments on the basis of need, and WHEREAS, the metropolitan Council is in the process this month of creating its 1999 Transportation Funding request to the Legislature, and WHEREAS, the residents of Maplewood, North St. Paul, and Oakdale contribute substantially, through their property taxes, to metropolitan transit (an estimated 2 million), and WHEREAS, the Cities of Maplewood, North St. Paul and Oakdale ~ointl run and support Northeast Suburban Transit, whose funding was just cut from 60°k to 46°k (approximately $160,000 to $125,000) by Metropolitan Council, and WHEREAS, the cities of Cottage Grove, Roseville and Woodbury individually run bus services whose funding comes at 100°k from the Metropolitan Council, and WHEREAS, the 1998 Legislature imposed levy limits on cities such that incremental funding, especially on a continuing basis, just cannot be found. BE IT THEREFORE RESOLVED that the City of Maplewood protests these apparent inconsistencies and respectfully requests that the Metropolitan Councl restore NEST funding to the 60°k level. 9. Personal Service License -Kim Leslie Housekeeper Approved a Personal Service License for Ms. Housekeeper to be used at the Maplewood Community Center. H. PUBLIC HEARINGS: 1. 7:00 P.M. (7:05 P.M.) Joe's Crab Shack (West of 1749 Beam Avenue) a. Mayor Rossbach convened the meeting for a public hearing regarding building proposal of Joe's Crab Shack. b. Manager McGuire introduced the staff report. c. Community Development Director Coleman presented the specifics of the report. d. Commissioner Milo Thomson presented the Planning Commission report. e. Boardmember Ananth Shankar presented the Community Design Review Board report. f. Mayor Rossbach opened the public hearing, calling for proponents or opponents. No one appeared. g. Mayor Rossbach closed the public hearing. Councilmember Kittridge moved to table the re uest until the Au ust 24th 1998 Council meeting due to no appearance y e app scan . 3 8-10-98 Seconded by Councilmember Koppen Ayes -All 2. 7:15 P.M. (7:20 P.M.) Maplewood Eye Care Clinic (West of 1975 11th Avenue) a. Mayor Rossbach convened the meeting for a public hearing regarding Right-of-Way Vacations and Design Review. b. Manager McGuire introduced the staff report. c. Community Development Director Coleman presented the specifics of the report. d. Commissioner Milo Thomson presented the Planning Commission report. e. Boardmember Ananth Shankar presented the Community Design Review Board report. f. Mayor Rossbach opened the public hearing, calling for proponents or opponents. The following persons were heard: Hank Breems, Mulcahy, Inc. Greg Pariseau, 1975 11th Avenue Hank Breems, Second Appearance g. Mayor Rossbach closed the public hearing. Councilmember Koppen introduced the following Resolution and moved its adoption: 98 - 08 - 86 STREET VACATION -GERMAN STREET, ELEVENTH AVENUE, DEMONT AVENUE WHEREAS, Mr. Hank Breems, of Mulcahy Inc., applied for the vacation of the following described street rights-of-way: That portion of the German Street right-of-way lying between E. Demont Avenue and Eleventh Avenue in Section 11, Township 29, Range 22 in Ramsey County. That portion of the Eleventh Avenue right-of-way described as follows: beginning on the Northerly edge of the Eleventh Avenue right-of-way at the point of intersection with the Westerly edge of the German Street right-of- way, thence Easterly 30 feet, thence Southerly 37 feet, thence Westerly 259.93 feet, thence Northerly 37 feet, thence Easterly 259.93 feet to the point of beginning in Section 11, Township 29, Range 22 in Ramsey County. WHEREAS, the City of Maplewood applied for the vacation of the following described street right-of-way: That portion of E. Demont Avenue lying between White Bear Avenue and German Street in Section 11, Township 29, Range 22 in Ramsey County. WHEREAS, the history of these vacations is as follows: 1. On July 20, 1998, the planning commission recommended that the City Council approve this vacation. 2. On August 10, 1998, the City Council held a public hearing City staff published a notice in the Maplewood Review and sent notices to the abutting property owners. The Council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the City staff and planning commission. WHEREAS, after the City approves this vacation, public interest in the property will go to the following abutting properties: German Street 1. Subject to White Bear Avenue, 12th Avenue and German Street and except the South 495 feet part of Northwest quarter of Southeast quarter of Northwest quarter of center line of White Bear Avenue in Section 11, Township 29, Range 22, Ramsey County 2. Subject to White Bear Avenue and German Street the North 150 feet of South 495 feet of part of Northwest quarter of Southeast quarter of Northwest quarter of center line of said Avenue in Section 11, Township 29, 4 8-10-98 Range 22, Ramsey County. 3. The Easterly 199.93 feet of the North 180 feet of the South 345 feet of that part of the Northwest quarter of the Southeast quarter of the Northwest quarter of Section 11, Township 29, range 22, Ramsey County, Minnesota lying Easterly of White Bear Avenue, subject to an easement for drainage purposes over, across and upon the Northerly 15 feet thereof. Eleventh Avenue 4. The Easterly 199.93 feet of the North 180 feet of the South 345 feet of that part of the Northwest quarter of the Southeast quarter of the Northwest quarter of Section 11, Township 29, range 22, Ramsey County, Minnesota lying Easterly of White Bear Avenue, subject to an easement for drainage purposes over, across and upon the Northerly 15 feet thereof. 5. Except the East 199.93 feet; the North 180 feet of South 345 feet of part Easterly of White Bear Avenue of the Northwest quarter of Southeast quarter of Northwest quarter, (subject to roads and easements) in Section 11, Township 29, Range 22, Ramsey County. E. Demont Avenue 6. Subject to White Bear Avenue, 12th Avenue and German Street and except the South 495 feet part of Northwest quarter of Southeast quarter of Northwest quarter of center line of White Bear Avenue in Section 11, Township 29, Range 22, Ramsey County. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described vacations since it is in the public interest based on the following reasons: 1. The City Council previously approved the vacation of German Street and E. Demont Avenues. 2. These right-of-ways are not needed for the public purpose of street construction. 3. German Street is too narrow for street construction. 4. The 11th Avenue right-of-way is excessively wide. These vacations are conditioned upon the City retaining a utility easement for storm sewer over the entire width of the German Street right-of-way. Seconded by Councilmember Allenspach Ayes -All Councilmember Koppen moved to a rove the the site Ian date-stam ed Jul 14 1998 and the buildin elevations an an sca a ans ate-stam a une or an a e-care c inic buildin west o t venue. rova is ase on t e in in s re uire t e co e. e a licant s a 1. Repeat this review in two years if the City has not issued a building permit for this project. 2. Provide the following before the City issues a building permit: a . A grading, drainage, utility and erosion control plan to the City Engineer for approval. b. A revised site and landscape plan showing: (1) The preservation of the existing tree cover in front of the adjacent parking lot. The City staff may require replacement of trees if any need to be removed. (2) At least four trees along the east lot line. c. Proof of the recording of reciprocal cross easements between the proposed site and the property to the west for ingress and egress. 3. Complete the following before occupying the building: a. Install a reflectorized stop sign at the exit onto 11th Avenue and handicap-parking signs for each handicap- parking space. b. Provide continuous concrete curbing around the parking lot and drives. c. Construct a trash dumpster enclosure in the northwest corner of the parking lot, not in the Northeast corner as proposed, due to its encroachment in the drainage easement. The enclosure shall be compatible with or match the building's design and colors. The trash enclosure shall have a closeable gate that extends to the ground. 5 8-10-98 d. Install an in-ground sprinkler system for all landscaped areas. e. Sod all green areas including the boulevard. Restoration of the drainage easement in back shall be subject to the City Engineer's and watershed district's approval. 4. If any required work is not done, the City may allow temporary occupancy if: a. The City determines that the work is not essential to the public health, safety or welfare. b. The City receives cash escrow for the required work. The amount shall be 200 percent of the cost of the unfinished work. Any unfinished landscaping shall be completed by June 1 if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. c. The City receives an agreement that will allow the City to complete any unfinished work. 5. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Allenspach Ayes -All 3. 7:30 P.M. (7:42 P.M.) Zoning Code Amendment a. Mayor Rossbach convened the meeting for a public hearing regarding a Residential Building Height Requirement for 3016 Frank Street. b. Manager McGuire introduced the staff report. c. Community Development Director Coleman presented the specifics of the report. d. Commissioner Milo Thompson presented the Planning Commission report. e. Mayor Rossbach opened the public hearing, calling for proponents or opponents. No one appeared. f. Mayor Rossbach closed the public hearing. Councilmember Carlson introduced the following Resolution and moved its 1st reading: The Maplewood City Council hereby ordains as follows (additions are underlined and deletions are crossed out): Section 1. Section 36-6. Definitions. Height of building: The vertical distance of a buildin measured from the mean rade level direct) in front of the buildin to the mid oint of a itched roof an t e to o a at roo . Height of building shall not include chimneys, spires, towers, roof-top mechanical equipment, elevator penthouses~aalFS or similar building projections. Section 2. Section 36-68. Height of Buildings. No single dwellin building in an R-1 Residence District shall exceed a hei ht of 35 feet unless the Ci Couna a rol ves a conditional use ermit. h^ ^r^^'^,+ ^r ctr„^4„~~^,~ Section 36-83(d). Maximum building height. No sin le dwellin in an R-E Residential Estate district shall exceed a hei ht of 35 feet unless the Cit Couna a roves a con itiona use ermit. Section 36-84.2. Height of Buildings. No sin le dwellin in an R-1 S district shall exceed a hei ht of 35 feet unless the Ci Council a roves a con itiona use ermit. Section 36-87. Height of Buildings. No single- ortwo-family dwelling shall exceed a height of 35 feet, unless the City Council approves a conditional use permit. h^ ^ ^ c4r„^4„r^u., ^~-~~~;a~r~r~ 6 8-10-98 Section 36-119(h). Height regulation. No R-3A multiple dwelling shall ctr„^4„r^u., ^N,.r,.,~ exceed a height of 35 feet or three stories unless the Cit Council a roves a conditional use ermit. Section 36-122(h). Height regulation. No R-3B multiple dwelling shall ctr„^4„r^u., ^N,.r,.,~ exceed a hei ht of 35 feet or three stories unless the Cit Council a roves a conditional use ermit. Section 36-124(1). Height regulation. No R-3C multi le dwellin shall exceed a hei ht of 35 feet or three stories unless the Ci Council a roves a con i Iona use ermi . Section 3. This ordinance shall take effect upon its passage and publication. Seconded by Councilmember Koppen Ayes -All I. AWARD OF BIDS NONE J. UNFINISHED BUSINESS 1. Harvester/Sterling Improvements, Project 97-16 -Assessment Objections a. Manager McGuire introduced the staff report. b. Public Works Director Haider presented the specifics of the report. Councilmember Carlson moved that the water service char a for the ro erties at 980 Sterlin Street North PIN 25-29- - - an er in ree o - - - - e re uce o eac . Seconded by Councilmember Koppen Ayes -All K. NEW BUSINESS 1. Hazelwood Street, Beam-County Road D Speed Limit Petition a. Manager McGuire introduced the staff report. b. Public Works Director Haider presented the specifics of the report. c. Mayor Rossbach asked if anyone wished to speak before the Council regarding this matter. The following person was heard: George Supan, 3050 Hazelwood Avenue Councilmember Carlson directed staff to contact the Commissioner of Hi hwa s to erform the necessa inves i a ion an es a is a ro er s ee imi or aze wood ree a ween eam venue an oun y oa Seconded by Councilmember Koppen Ayes -All 2. Little Canada Water Charge - 2860 Arcade Street a. Manager McGuire introduced the staff report. b. Public Works Director Haider presented the specifics of the report. c. Mayor Rossbach asked if anyone wished to speak before the Council regarding this matter. The following person was heard: 8-10-98 Fred Wegscheider, 2860 Arcade Street Councilmember Koppen moved to table and directed staff to research the Little Canada water charge for future consi era ion. Seconded by Councilmember Kittridge Ayes -All 3. No Parking English, Larpenteur and Frost a. Manager McGuire introduced the staff report. b. Public Works Director Haider presented the specifics of the report. c. Mayor Rossbach asked if anyone wished to speak before the Council regarding this matter. The following person was heard: Edward Lundblad, 1824 English Street Councilmember Kittridge moved to direct staff to post no parking on English from Frost to Rile Avenues. Die or ad f I ck of a second Councilmember Koppen moved to table until a future meetin to ive staff an o ortunit to look at different options regar ing rest en perms par ing or par ing on one si e o e s ree . Died for lack of a second Councilmember Carlson moved to direct staff to ost no arkin on one side of the street on English from Frost to Rip ey venues. Seconded by Councilmember Allenspach Ayes -Councilmembers Allenspach, Carlson Nays -Mayor Rossbach, Councilmembers Kittridge, oppen Died for a lack of votes Councilmember Koppen moved to table to a later date to review other options. Seconded by Councilmember Kittridge Ayes -Mayor Rossbach, Councilmembers Allenspach, Kittridge, Koppen Nays -Councilmember Carlson 4. Second Quarter Financial Report on Community Center a. Manager McGuire introduced the staff report. b. Finance Director Faust presented the specifics of the report. No action L. VISITOR PRESENTATION Richard Morgan 2416, Teakwood Drive South was present to request staff to research drainage problems on his property. M. COUNCIL PRESENTATIONS N. ADMINISTRATIVE PRESENTATIONS O. ADJOURNMENT 8 8-10-98 Councilmember Carlson moved to adjourn at 9:10 P.M. Seconded by Councilmember Allenspach. Ayes -All Karen Guilfoile, City Clerk 9 8-10-98