HomeMy WebLinkAbout08-24-1998 MINUTES MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, August 24, 1998
Council Chambers, Municipal Building
Meeting No. 98-19
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 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 Carlson moved to approve the minutes of the Council/Manager Workshop (August
3, 1998) as presented.
Seconded by Councilmember Koppen Ayes -all
Councilmember Carlson moved to approve the minutes of Meeting No. 98-16 (August 10, 1998) as
presented.
Seconded by Councilmember Koppen Ayes -all
E. APPROVAL OF AGENDA:
Councilmember Carlson moved to approve the Agenda as amended.
M1 -Mayor's Mailbox
N1 -Attorney Client Closed Session to Discuss Litigation
Seconded by Councilmember Koppen Ayes -all
F. PRESENTATIONS:
Boy Scout Troop 73 was present to observe the Council meeting as a requirement in badge
earning.
G. CONSENT AGENDA:
Councilmember Koppen moved. Seconded by Councilmember Kittridge: ayes -all, to approve
the Consent Agenda, Items G1 thru G9, as recommended.
1. Approval of Claims:
1
Approved the following claims:
ACCOUNTS PAYABLE: $ 435,333.75 Checks #39146 thru #39229 dated 8-11-98
$ 124,353.65 Checks #7588 thru #7599 dated 8-1-98 thru 8-14-98
$ 198,179.93 Checks #39233 thru #39387 dated 8-18-98
$ 757,867.33 Total Accounts Payable
PAYROLL: $ 297,623.69 Payroll Checks and Direct Deposits dated 8-7-98
$ 48,725.36 Payroll Deduction Checks #67033 thru #67047 date 8-7-98
$ 346,349.05 Total Payroll
1.104.216.38 GRAND TOTAL
2. Final Plat -Highwood Estates Number 4 (Maime and Southcrest Avenue, West of Lakewood Drive
Approved the Highwood Estates No. Four final plat. Approval is subject to the surveyor changing
Southcrest Court to Southcrest Avenue on the final plat and the County recording the deeds, deed
restrictions and covenants required by the City.
3. Conditional Use Permit Review - 1735 Kennard Street (Presentation Church Day Care Center)
Approved the Conditional Use Permit for the day care facility at 1735 Kennard Street and review
again only if the owner or operator proposes a major change or if a problem develops.
4. Conditional Use Permit Review - 1900 Rice Street (Saint Paul Water Utility)
Approved the Conditional Use Permit for 1900 Rice Street and review again in one year to examine
the projects condition.
5. Budget Change -Community Center/Sister Rosalind Gefre Contract
Approved a budget increase of $12,000 for fees for service to cover expenses for Sister Rosalind
Gefre.
6. Public Safety Award for Police Department Cable Program
Accepted an award from the National Association of Telecommunication Officers and Advisors
and commended Officers Razskazoff and Heinz for their work on Your Police Report cable
Program.
7. Contingency Request -Parks and Recreation Department Building Operations for Unanticipated
Repairs
Approved an allocation of $8,189.23 from the Contingency Fund to Building Operations
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8. Contingency Request -Parks and Recreation Department Building Operations -Diesel Storage
Tank
Approved an allocation of $6,941 from the Contingency Fund to Building Operations to cover cost of
a diesel storage tank.
Resolution Recognizing Justa Cardinal
Approved the following Resolution:
98 - 08 - 87
RESOLUTION RECOGNIZING JUSTA CARDINAL
WHEREAS, Justa Cardinal was a resident of Maplewood since 1949; and
WHEREAS, Justa Cardinal has led a long and actively involved life and has touched
many people; and
WHEREAS, Justa Cardinal contributed time and energy to the community and various
organizations to improve the quality of life; and
WHEREAS, The City of Maplewood appreciates her commitment to her community; and
WHEREAS, Justa Cardinal will be greatly missed by those whom she has touched; and
NOW, THEREFORE BE IT RESOLVED, that I, George Rossbach, as Mayor and on behalf of
the Maplewood City Council, do hereby thank Justa Cardinal for her unending energies which
have contributed to our quality of life and recognize her for the joy that she has brought, not only to
Maplewood but to other communities and organizations that she worked with throughout the Twin
Cities.
H. PUBLIC HEARINGS:
1. 7:00 P.M. (7:07 P.M.) Gervais Court Senior Housing
Land Use Plan Change (LBC to RH) (4 Votes)
Conditional Use Permit for Planned Unit Development
Zoning Map Change (LBC to R-3) (4 Votes)
Parking Reduction Authorization
Design Approval
a. Mayor Rossbach convened the meeting for a public hearing regarding Gervais Court
Senior Housing.
b. Manager McGuire introduced the staff report.
c. Community Development Director Coleman presented the specifics of the report.
d. Boardmember Tim Johnson presented the Community Design Review Board report.
e. Mayor Rossbach opened the public hearing, calling for proponents or opponents.
The following persons were heard:
David Hesley, Tri-Hess Development Company
Dick Krumm, RVK Architects
Bruce Mogren, Owner of the Property
Peter Boo, Founder of Saints Roller Skating Center
Justin Mallmann, 2400 Flandrau
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f. Mayor Rossbach closed the public hearing.
Mayor Rossbach introduced the following Resolution and moved its adoption:
98 - 08 - 88
RESOLUTION LAND USE PLAN CHANGE
Undeveloped Property/Gervais Avenue and Gervais Court
WHEREAS, David Hesley, representing Tri-Hess Development Company, applied for a
change to the City's land use plan. This change is from LBC (limited business commercial) to
RH (residential high density).
WHEREAS, this change applies to the 3.4-acre undeveloped property located between
Gervais Avenue and Gervais Court west of White Bear Avenue.
WHEREAS, the history of this change is as follows:
1. On August 3, 1998, the planning commission held a public hearing. The City staff published a
hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The
planning commission gave everyone at the hearing a chance to speak and present written
statements. The planning commission recommended that the City Council approve the proposed
plan amendment.
2. On August 24, 1998, the City Council discussed the land use plan change. They considered reports
and recommendations from the planning commission and City staff.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described
changes for the following reasons:
1. This site is proper for and consistent with the City's policies for high-density residential use. This
includes:
a. Expanding the transitional land use between the existing residential and commercial land uses.
b. It is next to a collector street, is across Gervais Avenue from existing senior housing and is
near two churches, shopping, an arterial street and a park.
2. This development will minimize any adverse effects on surrounding properties because:
a. Studies have shown there will be no adverse effect on property values.
b. There would be no traffic from this development on existing residential streets.
Seconded by Councilmember Allenspach Ayes -all
Councilmember Koppen introduced the following Resolution and moved its adoption:
98-08-89
RESOLUTION CONDITIONAL USE PERMIT
GERVAIS COURT SENIOR HOUSING
WHEREAS, the Director of Community Development proposed a conditional use permit
(CUP) for the Gervais Court senior housing planned unit development (PUD).
WHEREAS, this permit applies to the 3.4-acre undeveloped property between Gervais
Avenue and Gervais Court west of White Bear Avenue. The legal description is:
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Lot 1, Block 2, Maple Ridge Mall Addition in Section 11, Township 29, Range 22, Ramsey County,
Minnesota.
WHEREAS, the history of this conditional use permit is as follows:
1. On August 3, 1998, the planning commission recommended that the City Council
approve this permit.
2. On August 24, 1998, the City Council held a public hearing. The City staff published a
notice in the paper and sent notices to the surrounding property owners. The council gave
everyone at the hearing a chance to speak and present written statements. The council
also considered reports and recommendations of the City staff and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described
conditional use permit, because:
1. The use would be located, designed, maintained, constructed and operated to be in
conformity with the City's comprehensive plan and code of ordinances.
2. The use would not change the existing or planned character of the surrounding
area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of
operation that would be dangerous, hazardous, detrimental, disturbing or cause a
nuisance to any person or property, because of excessive noise, glare, smoke, dust,
odor, fumes, water or air pollution, drainage, water run-off, vibration, general
unsightliness, electrical interference or other nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not
create traffic congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets,
police and fire protection, drainage structures, water and sewer systems, schools and
parks.
7. The use would not create excessive additional costs for public facilities or services.
8. The use would maximize the preservation of and incorporate the site's natural and
scenic features into the development design.
9. The use would cause minimal adverse environmental effects.
Approval is subject to the following conditions:
1. All construction shall follow the plans date-stamped June 25, 1998. The City Council may
approve major changes. The Director of Community Development may approve minor
changes.
2. The proposed construction must be substantially started within one year of council approval or
the permit shall end. The council may extend this deadline for one year.
3. The owner shall not convert this development to non-seniors housing without the revision of the
planned unit development. For this permit, the City defines seniors housing as a residence
occupied by at least one person 55 years of age or older.
4. There shall be no outdoor storage of recreational vehicles, boats or trailers.
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5. Residents shall not park trailers and vehicles that they do not need for day-to-day
transportation on site. If the City decides there are excess parking spaces available on site,
then the City may allow the parking of these on site.
6. If the City Council decides there is not enough on-site parking after the building is 95 percent
occupied, the City may require additional parking.
7. The developer shall provide an on-site storm shelter in the apartment building. This shelter
shall be subject to the approval of the Director of Emergency Preparedness. It shall have a
minimum of three square feet per person for 80°k of the planned population.
8. The City Council shall review this permit in one year.
The developer must complete these conditions before the City issues a grading permit or a
building permit.
Seconded by Councilmember Carlson Ayes -all
Councilmember Koppen moved to deny the proposed zoning map change from LBC (Limited
Business Commercial) to R-3 (Multiple-Family Residential) because the City approved a Conditional
Use Permit (CUP) for Planned Unit Development (PUD) for the proposal.
Seconded by Councilmember Kittridge Ayes -all
Councilmember Koppen moved to approve 92 parking spaces (60 garage spaces and 32 open
spaces), rather than the 120 spaces required by code for the Gervais Court senior housing
protect, because:
1. The parking space requirement is not proper for senior housing, because there are
fewer cars per unit in these projects.
2. The City has approved fewer parking spaces for other senior housing, including the
Village on Woodlyn, the Carefree Cottages and Cardinal Pointe.
Seconded by Councilmember Kittridge Ayes -all
Councilmember Koppen moved to approve the plans date-stamped June 25, 1998 (site plan,
landscape plan, grading and drainage plans and building elevations) for the Gervais Court senior
housing development. The City bases this approval on the findings required by the code. The
developer or contractor shall do the following:
1. Repeat this review in two years if the City has not issued a building permit for this
project.
2. Complete the following before the City issues a building permit:
a. Have the City Engineer approve final construction and Engineering plans. These
plans shall include: grading, utility, drainage, erosion control, tree, sidewalk
and driveway and parking lot plans. The plans shall meet the following conditions:
(1) The erosion control plan shall be consistent with City code.
(2) The grading plan shall:
(a) Include building, floor elevation and contour information.
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(b) Include contour information for the land that the construction will
disturb.
(c) Show sedimentation basins or ponds as required by the watershed board
or by the City Engineer.
(3) The entryway and driveway in front of the building shall meet the minimum
standards for turning and access for firefighting equipment.
(4) All the parking areas and driveways shall have continuous concrete curb and
gutter except where the City Engineer decides that it is not needed for
drainage purposes.
b. Submit alawn-irrigation plan to staff showing the location of sprinkler heads.
c. Submit a certificate of survey for all new construction.
d. Revise the landscape plan for City staff approval showing:
(1) That all proposed trees would be consistent with City Standards for size,
location and species.
(2) The 24 proposed large trees in the utility easement moved to within five
feet of the east property line.
(3) A berm and additional trees along the south side of the site near Gervais
Court, subject to City staff approval. This is to provide additional
screening and buffering from the businesses to the south of the site.
(4) As much of the existing vegetation along the eastern property line preserved
as possible.
e. The Fire Chief shall approve the access to the building for firefighting needs.
f. Submit elevations to the City for staff approval showing colors and materials
for all sides of the building.
3. Complete the following before occupying the building:
a. Replace property irons that are removed because of this construction.
b. Restore and sod damaged boulevards.
c. Install reflectorized stop signs at the exit, ahandicap-parking sign for each
handicap-parking space and an address on the building. In addition, the applicant
shall install stop signs and traffic directional signs within the site, as required by staff.
d. Paint any roof-top mechanical equipment to match the uppermost part of the
building. Screen all roof-mounted equipment visible from streets or adjacent property.
(code requirement)
e. Construct trash dumpster and recycling enclosures as City code requires for any
dumpsters or storage containers that the owner or building manager would
keep outside the building. Any such enclosures must match the materials and colors of
the building.
f. Install and maintain an in-ground sprinkler system for all landscaped areas.
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g. Install continuous concrete curb and gutter along all interior driveways and
around all open parking stalls.
h. Install a storm shelter in a central location in the apartment building. This
shelter shall be subject to the approval of the Maplewood Director of Emergency
Preparedness. It shall have a minimum of three square feet per person for 80°k of the
planned population.
I. Install on-site lighting for security and visibility, subject to City staff
approval.
j. The developer or contractor shall:
(1) Complete all grading for the site drainage, complete all public improvements
and meet all City requirements.
(2) Place temporary orange safety fencing and signs at the grading limits.
(3) Remove any debris or junk from the site.
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 or an irrevocable letter of credit 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 week 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. This approval does not include the signs.
6. All work shall follow the approved plans. The Director of Community Development may
approve minor changes.
Seconded by Councilmember Kittridge Ayes -all
I. AWARD OF BIDS
NONE
J. UNFINISHED BUSINESS
1. Joe's Crab Shack Restaurant (Beam Avenue, west of the Olive Garden restaurant)
Parking Reduction Authorization
Utility Easement Vacation
Lot Division
Design Approval
Sign Plan Approval
a. Manager McGuire introduced the staff report and presented the specifics of the report.
Councilmember Carlson moved to deny the request based on failure to appear by the applicant and
8-24-98 8
an indication from the applicant that he desired to withdraw this request.
Seconded by Councilmember Kittridge Ayes -all
2. Zoning Code Amendment -Residential Building Height Requirements (Second Reading)
a. Manager McGuire introduced the staff report and presented the specifics of the report.
Councilmember Allenspach moved second reading of the following Ordinance:
ORDINANCE 791
Section 1.
Section 36-6. Definitions. Height ofbuilding: The vertical distance of a building measured from the
mean grade level directly in front of the building to the midpoint of a pitched roof and the top of a flat
roof. Height of building shall not include chimneys, spires, towers, roof-top mechanical equipment,
elevator penthouses, or similar building projections.
Section 2.
Section 36-68. Height of Buildings. No single dwelling in an R-1 Residence District shall exceed a
height of 35 feet, unless the City Council approves a conditional use permit.
Section 36-83(d). Maximum building height. No single dwelling in an R-E, Residential Estate district
shall exceed a height of 35 feet, unless the City Council approves a conditional use permit.
Section 36-84.2. Height of Buildings. No single dwelling in an R-1 S district shall exceed a height of
35 feet, unless the City Council approves a conditional use permit.
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.
Section 36-119(h). Height regulation. No R-3A multiple dwelling shall exceed a height of 35 feet or
three stories, unless the City Council approves a conditional use permit.
Section 36-122(h). Height regulation. No R-3B multiple dwelling shall exceed a height of 35 feet or
three stories, unless the City Council approves a conditional use permit.
Section 36-124(1). Height regulation. No R-3C multiple dwelling shall exceed a height of 35 feet or
three stories, unless the City Council approves a conditional use permit.
Section 3.This ordinance shall take effect upon its passage and publication.
Seconded by Councilmember Carlson Ayes -all
3. Little Canada Water Charges - 2860 Arcade Street
a. Manager McGuire introduced the staff report
b. Public Works Director Haider presented the specifics of the report.
Councilmember Kittridge moved to reimburse the property owner on 2860 Arcade Street, Fred
Wegscheider, $3,138.94 that he paid to Little Canada for a water hookup charge less $150.00 for
the water availability charge for the City of Maplewood resulting in a total reimbursement of
$2,988.94.
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Seconded by Councilmember Carlson Ayes -all
K. NEW BUSINESS
1. 1999 Proposed Budget
a. Manager McGuire introduced the staff report and presented the specifics of the
report.
Councilmember Carlson moved to schedule a special meeting at 5:00 p.m. on August 31, 1998 in
the Maplewood Room for the purpose of reviewing the 1999 Proposed Budget. This meeting will
take the place of the September Council/Manager Workshop.
Seconded by Councilmember Ayes -all
2. No Parking -Highway 61, Gervais to Conner
a. Manager McGuire introduced the staff report and presented the specifics of the
report.
Councilmember Koppen moved to establish a no parking zone along the west side of Highway 61
frontage road from Gervais Avenue to Conner Avenue.
Seconded by Mayor Rossbach Ayes -all
3. 2416 Teakwood Drainage
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 persons were heard:
Richard Morgan, 2416 Teakwood Drive
Antonia Morgan, 2416 Teakwood Drive
City Manager McGuire suggested that the Morgan's discuss the issue with their neighbors and City
Attorney Kelly explained the dispute resolution process.
No Council action.
4. Open Space Grant
a. Manager McGuire introduced the staff report and presented the specifics of the
report.
Councilmember Koppen approved acceptance of a 1998 Conservation Partners grant program
application in the amount of $10,000 to be used to expand the open space restoration efforts.
Seconded by Councilmember Carlson Ayes -all
L. VISITOR PRESENTATIONS
NONE
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M. COUNCIL PRESENTATIONS
1. Mayor's Mailbox -Mayor Rossbach encouraged attendance to the HealthEast open house
for the Emergency Care Center on August 27, 1998.
N. ADMINISTRATIVE PRESENTATIONS
1. Attorney Client Closed Session to Discuss Litigation
At 8:20 p.m. Mayor Rossbach moved to go into closed session for the purpose of discussing
litigation.
Seconded by Councilmember Carlson Ayes -all
Those present were Mayor Rossbach, Councilmembers Allenspach, Carlson, Kittridge, and
Koppen, City Manager McGuire, City Attorney Kelly, Director of Community Development
Coleman, Director of Public Works Haider, Police Chief Winger, Assistant Fire Chief Lukin, Human
Resource Director Le, and Attorney James Gollemback.
a. City Attorney Kelly introduced James Gollemback, League of Minnesota Cities Attorney
representing the City in the litigation with Aerial Communications (APT). Attorney
Gollemback informed those present of the outcome of the case.
Councilmember Koppen moved at 8:51 to open the closed session.
Seconded by Councilmember Allenspach Ayes -all
Councilmember Koppen moved to authorize the City Manager to negotiate and settle the suit
with Aerial Communications (APT).
Seconded by Councilmember Carlson Ayes -all
Councilmember Kittridge moved to approve the Conditional Use Permit (CUP) for the construction of
a telecommunication tower on property owned by the Minnesota Department of Transportation
located at 1779 McMenemy Street. This action was taken in response to Judge Tunheim's court
order dated August 12, 1998. The CUP is approved based on the following conditions:
1. All construction shall follow the site plan submitted and date-stamped June 6,
1997, fora 165 foot-tall telecommunications monopole and equipment.
2. Submit necessary plans as required by the building official to issue a building
permit.
3. Before getting a building permit, provide a grading, drainage, driveway, and
erosion control plan to the City Engineer for approval.
Seconded by Councilmember Koppen Ayes -all
O. ADJOURNMENT
Councilmember Koppen moved to adjourn at 9:53 p.m.
Seconded by Councilmember Allenspach Ayes -all
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Karen E. Guilfoile, City Clerk
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