HomeMy WebLinkAbout02-14-1994 MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, February 14, 1994
Council Chambers, Municipal Building-
Meeting No. 94.03
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 Bastian.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL:
Gary W. Bastian, Mayor Present
Sherry Allenspach, Councilmember Present
Dale H. Carlson, Councilmember Present
Marvin C. Koppen, Councilmember Present
George F. Rossbach, Councilmember Present
D. APPROVAL OF MINUTES:
1. Minutes of Council/Manager Workshop, January 20, 1994
Mayor Bastian moved to approve the minutes of Council/Manager Meeting of Januarv
20. 1993 as presented.
Seconded by Councilmember Rossbach Ayes - all
2. Minutes of Meeting 94-02 (January 24, 1994)
Councilmember Rossbach moved to approve the minutes of Meeting No. 94.02 (Januarv
24. 1994) as presented.
Seconded by Councilmember Carlson Ayes - all
E. APPROVAL OF AGENDA:
Mayor Bastian moved to approve the Agenda as amended:
L-1 Brucker Letter
L-2 Remove F-19
M-1 Administration meeting with legislators
Seconded by Councilmember Rossbach Ayes -'alT
EA. PRESENTATIONS
NONE
F. CONSENT AGENDA
Councilmember Rossbach moved seconded by Councilmember 'Allenspach: aver - all, to approve
the consent agenda items F•1 thru F•18 and F-20 thru F-22'as recommended. (Item F-22 removed
from Agenda)
1 2.14-94
1. Approval of Claims
Approved the following claims:
ACCOUNTS PAYABLE: 3 423,068.12 Checks #1962 - #2036
Dated 1.13.94 thru 1-31-94
3. 256.776.45 Checks #12512 - #12696
Dated 2.14.94
3 679,844.57 Total per attached voucher/check register
PAYROLL: 3 216,738.58 Payroll Checks #38842 thru #39028
Dated 1-28-94
3 47,488.23 Payroll Deduction Checks #39033 thru
#39048 dated 1-28.94
3 21,832.13 Payroll Checks #38810 thru #38829
Dated 1.21.94
3 20.838.70 Payroll Deduction Check #38830 dated 1-21-94
3 306.,897.64 Total Payrolls
3 986 742.21 GRAND TOTAL
2. 1994 Contract With Landfall far Police Service
Reviewed and approved the 1994 contract between the City of Maplewood and Landfall
for police services.
3. 1994 Dispatching Agreement with North St. Paul
Reviewed and approved the 1994 dispatching agreement between the City of Maplewood
and the City of North St. Paul.
4. 1994 Dispatching Agreement with East County Line Fire Department/Oakdale Ambulance
Reviewed and approved the 1994 East County Line Fire Department/Oakdale Ambulance
dispatching contract.
5. 1994 Dispatching Agreement with Woodbury Fire Department
Reviewed and approved the 1994 Woodbury Fire Department dispatching contract.
6. 1994 Dispatching Agreement with Oakdale Fire Department
Reviewed and approved the 1994 Oakdale fire Department dispatching contract.
7. Maplewood Firefighters Relief Association
a. Recalculation of 1992 and 1993 Funding Obligation
Approved payment of 316,522 to the Maplewood Firefighters Relief
Association as Maplewood's share of correcting a miscalculation in the
1992 and 1993 funding obligations.
b. Proposed By-Law Change
Approved the change in the language of the Maplewood Firefighters Relief
Association bylaws, specifically adding "Service Credit for fractional
years of service shall be prorated on a monthly basis."
2 2-14-94
8. Resolution for Paine Webber Account
93-02-12
AUiH(1RIZING INVESTMENT TRANSACTIONS WITH PAINE WEBBER
RESOLVED:
To open with' PaineWebber Incorporated, its successor' firms, subsidiaries,
correspondents or affiliates ("PaineWebber") a brokerage account for the purchase
and sale of securities and other property. Securities means, but is not limited
to, money, stocks, bonds, options, including stock options indices, interest rate
options, foreign currency options, and other securities and property.
That the Corporate Officers named in the space below are authorized to act on
behalf of the Corporation with respect to opening an account, to execute on behalf
of the Corporation any and all relevant documents, and to deal with PaineWebber in
connection with all aspects of said account singly, with no limits as to amount
(hereinafter called "Authorized Person"):
Daniel F. Faust, Finance Director
Richard Hangsleben, Assistant Finance Director'
That PaineWebber is authorized to deal with each Authorized Person, to accept all
orders for purchases and sales and all instructions given verbally or in writing
by him or her on behalf of the Corporation as the action of the Corporation without
further inquiry as to his or her authority: to receive any funds, securities or
other property for the account of the Corporation, to honor written instructions
from each Authorized Person to deliver either in bearer form, in street
certificates, in any names or in any other manner any funds, securities or other
property held for the account of the Corporation, to extend loans in connection
with the maintenance of a margin account (if applicable); to effect Bank Card
transactions in connection with the Corporation's account (if applicable),
including. use of State Street's Line of Credit in connection with the Gold
MasterCard, to honor written instructions from each Authorized Person to write
checks against the Corporation's account, and to send all confirmations, notices,
demands, monthly statements and other communications to the Authorized Person and
to the Corporation, attention: Daniel F. Faust, Finance Director, 1850 East County
Road B, Maplewood, MN 55109.
That any withdrawals of money, checkwriting, BankCard purchases (if applicable) or
other non-brokerage transactions made on behalf of the Corporation with PaineWebber
are ratified, confirmed and approved and that PaineWebber is authorized to rely
upon the authority conferred by these resolutions until PaineWebber receives a
certified copy of resolutions of the Corporation's Board of Directors revoking or
modifying these resolutions. In the event that PaineWebber, for any reason, is
uncertain as to the continuing effectiveness of the authority conferred by these
resolutions or any other resolutions of the Corporation, PaineWebber may refrain
from taking any action with respect to this account until such time as it is
satisfied as to its authority and PaineWebber shall be indemnified against and held
harmless from any claims, demands, expenses, loss or damage, including legal fees
and costs, resulting from or arising out of its refraining from taking any action.
ATTENTION: TRANSFER AGENT
That any Authorized Person is fully authorized and empowered to transfer, convert.
endorse, sell, assign, set over and deliver any and ,all shares of stock, bonds.
debentures, notes, subscription warrants, stock purchase warrants, evidences of
indebtedness, or other securities now or hereafter standing in the name of or owned
by this Corporation, and to make, execute and deliver under the corporate seal of
this Corporation or otherwise, any and all written instruments of assignment and
3 2-14-94
transfer necessary or proper to effectuate the authority hereby conferred.
That whenever there shall be annexed to any instrument of assignment and transfer,
executed pursuant to and in accordance with the foregoing resolution, a certificate
of the Secretary or an Assistant Secretary of this Corporation in office at the
date of such certificate, and such certificate shall set forth these resolutions
and shall state that these resolutions are in full force and effect, and shall also
set forth the names of the persons who are then officers of this Corporation, then
all persons to whom such instrument with the annexed certificate shall thereafter
come, shall be entitled, without further inquiry of investigation and regardless
of the date of such certificate, to assume and to act in reliance upon the
assumption that the shares of stock or other securities named in such instrument
were theretofore duly and properly transferred, endorsed, sold, assigned, set over
and delivered by this Corporation, and that with respect to such securities the
authority of these resolutions and of such officers is still in full force and
effect.
Daniel F. Faust, Finance Director, 1850 East County Road B, Maplewood, MN 55109
That the Corporation elects a Cash Account.
That the Secretary or an Assistant Secretary of the Corporation is authorized and
directed to certify to PaineWebber that these resolutions have been duly adopted,
are in full force and effect and are in accordance with the provisions of the
charter and by-laws of the Corporation.
9. Tax. Increment Transfer
Authorized the following transfers from the Tax Increment Fund to the Park
Development Fund as reimbursement for expenses that are financed by tax increment
revenues:
5 47,176.80 Park Maintenance Building
24,664.00 Trees for Harvest Park, 2561 Barclay (Barclay & Brooks)
23,662.00 Trees for Hazelwood Park, 1659 County Road C
13,182.00 Trees for Geranium Park, 2568 Geranium Avenue
5,689.00 Trees for Sherwood Park, 2237 Kennard Street
10,188.00 Trees for Maplewood Heights Park, 2971 Beam
2,245.00 Trees for Hillside Park, 1879 North Myrtle Street
3,400.00 Gethsemane Park Development, 2401 E. 7th Street
58.714.62 Nature Center Addition
5188,921.42 Total.
10. Carryover of 1993 Appropriations to 1994
Reviewed and approved the following carryovers from the 1993 Budget to the 1994
Budget:
Account Number Amount Account Number Amount
101-504.4410 5 12,000 204.112-xxxx 5 64,050
101.119.4490 10,000 201.510.4490 19,330
101.119.4640 4,000 201.510-4470 13.700
101.102-4490 5,000 5 97,080 Total Other Funds
101-102-4630 2,800.
101-112.4390 560
101-201-4630 500
101.202.4630 2,080
- 101-501-4630 460 "
101-604-4630 900
5 38,300 General Fund Total
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11. Donation to Maplewood Nature Center
Accepted a donation of 5100 from the Maplewood Mall in honor of Bob Odegard's
retirement, and authorized placing it in the Nature Center's office equipment
account - 101-604-000-4b30.
12. 1994 Charitable Gambling Resolutions
a. Lions Club at L & L Mall
94 - 02 - 13
APPROVING CHARITABLE GAMBLING.
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: that the
premises permit for lawful. gambling is approved for North Maplewood Lions to be
located at C & L Hall, 1310 Frost Avenue.
FURTHERMORE, that the Maplewood City Council requests that the Gambling Control
Division of the Minnesota Department of Gaming approve said permit application as
being in compliance with Minn. Statutes No. 349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City Council
of Maplewood, Minnesota, be forwarded to the Gambling'Control Division for their
approval.
b. Lions Club at Guldens
94-02-14
APPROVING CHARITABLE GAMBLING
BE IT HEREBY RESOLVED, by the City Council 'of Maplewood, Minnesota: that the
premises permit for lawful gambling is approved for North Maplewood Lions to be
located at Gulden's Roadhouse, 2999°North Highway 61.
FURTHERMORE, that the Maplewood City Council requests that tfie Gambling Control
Division of the Minnesota Department of Gaming approve said permit application as
being in compliance with Minn. Statutes No. 349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City Council
_ of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their
approval.
c. St. Jerome's at Dean's Tavern
94-02-15
APPROVING CNARITABLE 6AM8LING
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: that the
'premises permit for lawful gambling is approved for St. Jerome's School to be
located at Dean's Tavern, 1986 Rice Street.
FURTHERMORE, that the Maplewood City Council requests that the Gambling Control
Division of the Minnesota Department of Gaming approve said permit application as
being in compliance with Minn. Statutes No. 349.213.
5 2-14-94
NOW, THEREFORE, be it further resolved that this Resolution by the City Council
of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their
approval.
d. St. Jerome's at St. Jerome's School
94-02-16
APPROVING CHARITABLE 6AlBLING
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota: that the
premises permit for lawful gambling is approved for St. Jerome's School to be
located at 376 Roselawn Avenue E.
FURTHERMORE, that the Maplewood City Council requests that the Gambling Control
Division of the Minnesota Department of Gaming approve said permit application as
being in compliance with Minn. Statutes No. 349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City Council
of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their
approval.
13. Maplewood Nature Center Change Orders Numbers 1 through 5
Authorized the payment of Change Orders 1 through 5 for the Maplewood Nature Center
in the amount of 52,380.92 as part of the contract with Nordling Construction
Company. Funding for the change orders was included in the original request for
this project.
14. Purchase of Marked Patrol Vehicles
Authorized the purchase of five 1994 patrol vehicles (three for the Patrol Division
and two for the Paramedic Division) as allocated in the 1994 Budget.
15. Park & Recreation Commission 1993 Annual Report and 1994 Activity Plan
Accepted with appreciation the 1993 Annual Report and 1994 Activity Plan from the
Park & Recreation Commission.
16. Planning Commission 1993 Annual Report
Accepted with appreciation the 1993 Annual: Report from the Planning Commission.
17. Conditional Use Permit Review: Carefree Cottages of Maplewood
Reviewed and approved renewal of the Conditional Use Permit for the Carefree
Cottages of Maplewood. The CUP will not be reviewed again unless a problem
develops.
18. Conditional Use Permit Review: Co. Rd. C (U.S. West Communications)
Reviewed and approved renewal of the Conditional Use Permit for a telephone
equipment building on the south side of County. Road C, east of Keller Parkway.
The CUP will be reviewed again in five years.
19. Final Plat: Pedro Addition
REMOVED FROM AGENDA
6 2-14-94
20. Liquor License - Ciatti's: Change'of Manager-
. Approved a liquor license for Janel M. Ketteler, the new manager at Ciatti's, 1900
East County Road D.
21. HAZMAT Contract
Approved payment for the first quarter of the 1994 Contract for Hazardous Materials
Response with the City of St. Paul, in the amount of 32,529.78.
22. Resignation of Homan Relations Commissioner and Commendation
Accepted with regret the resignation of James T. Garrett from the Human Relations
Commission.
6. PUBLIC HEARINGS
1. 7:00 P.H. (7:09 p.®.), Price Avenue Vacation
a. Mayor Bastian convened the meeting for a public hearing regarding a request
from BFW Company to vacate Price Avenue between Rice Street and the Soo Line
railroad right-of-way.
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the report.
d. Mayor Bastian opened the public hearing, calling for proponents or opponents.
No one appeared.
e. Mayor Bastian closed the public hearing.
f. Councilmember Rossbach introduced the following Resolution and moved its
adoption:
94 - 02 - 17
VACATION RESOLUTION
WHEREAS, the BFW Company applied for the vacation of the following described street:
That part of Price Avenue (formerly known as St. Aubin Place) adjacent to
Lots 16 through 25, Block 7, and Lots 1 through 10, Block 8, St. Aubin and
Dion's Rice Street Addition, that is east of the east line of Rice Street
and is west of the west line of Park Street.
WHEREAS, the history of this vacation is as folTowr.
1. The one property owner abutting this street asked for this vacation;
2. On January 18, 1994, the Planning Commission recommended that the City Council
approve this vacation.
3. On February 14, 1994, the City Council held a public hearing. The City staff
published a notice in the Maplewood Review and sent a notice to the abutting
property owner. The Council gave everyone at the hearing a chance to speak and
present written statements. The Council considered reports and recommendations
from the City staff and Planning Commission.
7 2.14-94
WHEREAS, after the City approves this vacation, public interest in the property will
go to the following abutting properties:
Lots 16-25, Block 7 and Lots 1-10, Block 8, Saint Aubin and Dion's Rice
Street Addition in Maplewood
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above described
vacation for the following reasons:
1. It is in the public interest.
2. The City has no plans to build a street in this location.
3. The adjacent properties have adequate street access.
4. The City vacated parts of this street in 1985 and 1989.
This vacation is subject to the retention of a utility easement over the 20 feet
of the vacated Price Avenue that is west of the west line of vacated Park Street.
Seconded by Councilmember Koppen Ayes - all
H. AWARD OF BIDS
NONE
I. UNFINISHED BUSINESS
1. Barbed Wire Fencing Ordinance (2nd Reading)
a. Manager McGuire presented the staff report.
b. Councilmember Rossbach introduced second reading of the following Ordinance and
moved its adoption:
ORDINANCE N0. 718.
AN ORDINANCE THAT ALLOWS BARBED WIRE FOR COMMERCIAL FENCING THAT IS AT LEAST SIX FEET TALL
Section 1. Section 9-3(5) of the City Code is changed as follows:
(5) Barbed wire fencing shall only be used to fence in livestock on a farm
and for top fencing around commercial uses where the base fence is six
feet or more high.
Section 2. This Ordinance shall be effective after the City publishes the
ordinance in the official newspaper.,
Seconded by Councilmember Koppen... Ayes - all
G. PUBLIC HEARINGS - Continued:..
2. 7:15 P.M. (7:16 P.M.), Easement Vacations: Maplewood Estates Second Addition
a. Mayor Bastian convened the meeting for a public hearing regarding a request
from North Suburban Development, Inc: for vacation of three water-line
easements for the. Maplewood Estates Second Addition.
b. Manager Mc6uire presented the staff report.
g 2-14-94
c. Director of Community Development Olson presented the specifics of the report.
d. Commissioner Kevin Kittridge presented the Planning Commission report.
e. Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following persons were heard:
A representative of North Suburban Development answered questions from the Council.
_ Robert Gill, 1806 McKnight Road
Janet Grant, 1709 McKnight Lane
Betty Jane Haak, North St. Paul resident
f. Mayor Bastian closed the public hearing.
g. Councilmember Carlson introduced the following Resolution and moved its
adoption:
94-02-18
EASEMENT VACATION RESOLUTION
WHEREAS, North Suburban Development, Inc. applied for the vacation of the following
described easements:
All the easements described in Document Numbers 1865692 and 1857583 that are over
and across Lot 1, Block 1, Maple Woods Estates, Ramsey County, Minnesota
WHEREAS, the history of these vacations is as follows:
1. A majority of the property owners abutting these easements signed a petition
for this vacation;
2. On January 18, 1994, the Planning Commission recommended that the City Council
approve these vacations.
3. On February 14, 1994, the City Council held a public hearing. The 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 these vacations, public interest in the property will
go to the following abutting property:
Lot 1, Block 1, Maple Woods Estates
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described
vacations because it is in the public interest. It is in the public interest because:
1. These easements are not needed. The developer will build new water lines and
dedicate new easements with the final plat.
2. These easements would conflict with the new plat design.
Seconded by Councilmember Allenspach Ayes - all
3. 7:30 P.M. (7:31 P.M.), Century Avenue Service (9 North Century Avenue)
a. Mayor Bastian convened the meeting for a public hearing regarding a request
from John C. Fleming relative to remodeling the Century Avenue Service Station.
9 2-14-94
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the report.
d. Boardmember Anitzberger presented the Community Design Review Board report.
e. Commissioner Kittridge presented the Planning Commission report.
f. Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following persons were heard:
John Fleming, the applicant
g. Mayor Bastian closed the public hearing.
Conditional Use Permit
h. Councilmember Koppen introduced the following Resolution and moved its
adoption:
94 - 02 - 19
CONDITIONAL USE PERMIT RESOLUTION
WHEREAS, John C. Fleming applied for a conditional use permit to enlarge his fuel
station, a nonconforming use.
WHEREAS, this permit applies to 9 Century Avenue North. The legal description is:
Subject to Roads, the South 158 feet of the East 158 feet of Lot 15
Wright's Garden Lots
WHEREAS, the history of this conditional use permit is as follows:
1. On January 3, 1994, the Planning Commission recommended that the City Council
approve this permit.
2. On February 14, 1994, the City Council held a public hearing. 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'ar pollution, drainage, water
run-off, vibration, general unsightliness, electrical interference or other
nuisances.
10 2.14.94
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 site plan approved by the City. The Director
of Community Development may approve minor changes.
2. The proposed construction must be substantially started within one year after
the Council approves this permit or it shall become null and void. The City
Council may grant up to one one-year extension of the permit.
3. The City Council shall review this permit in one year.
Seconded by Councilmember Rossbach Ayes - all
Variance
i. Councilmember Koppem introduced the following Resolution and moved its
adoption:
94-02-20
VARIANCE RESOLUTION
WHEREAS, John C. Fleming applied for a variance from the zoning ordinance.
- WHEREAS, this variance applies to 9 Century Avenue North. The legal description is:
Subject to Roads, the South 158 feet of the East 158 feet of Lot_15
Wright's Garden Lots
WHEREAS, Section 36-151(b)(9)(a) of the Maplewood Code of Ordinances requires that
overhead fuel island canopies have a 15•foot setback from a street right-of-way.
WHEREAS, the applicant is proposing a 10-foot setback.
WHEREAS, this requires a variance of five feet.
WHEREAS, the history of this variance is as follows:~
1. On January 3, 1994, the Planning Commission recommended. that the City Council
approve this variance.
11 2.14-94
2. On February 14, 1994, the City Council held a public hearing. The City staff
published a notice in the Maplewood Review and sent notices to the surrounding
property owners as required by law. The Council gave everyone at the hearing
an opportunity to speak and present written statements. The Council also
considered reports and recommendations from the City staff and Planning
Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described
variance for the following reasons:
1. Meeting the Code would cause undue hardship. The hardship is because there is
not enough room between the building and the street right-of-way line fora 15-
foot canopy setback.
2. The applicant is maximizing the canopy's setback by moving the pump islands as
far from the street as possible.
3. The canopy location would meet the spirit and intent of the ordinance. The
canopy would not affect traffic on Century Avenue and would be 27 feet from the
nearest traffic lane.
Seconded by Councilmember Rossbach Ayes- all
j. Councilmember Koppen moved to approve the plans for the fuel station canopv and
new pump islands which the City stamped October 25. 1993. sub.iect to the
following conditions and revisions:
1) Repeat this review in two years if the City has not issued a building
permit for this project.
2) Before the City issues a building permit, the staff must approve
revised plant that show:
a) Six striped parking spaces plus one space for each company
vehicle, if any (code requirement). One parking space must
be a handicap parking space that meets the Americans With
Disabilities Act. There must be a handicap-parking sign.
b) The design and location of a trash enclosure, and a gate bn
the outside tire•storage area. Both enclosures must be 100%
opaque and have gates that are also 100% opaque. Both
enclosures must match the building's color (code
requirement).
c) A solution to the. water problem from the car wash.
3) Repair and repaint the wooden screening fence on the building's west
side.
Seconded by Councilmember Rossbach Ayes all
4. 7:45 P.M., Hillside Center Sign Plan
a. Mayor Bastian convened the meeting for a public hearing regarding a request
from Brent Paschke for a variance and a change of the sign criteria for the
Hillside Center.
b. Manager McGuire presented the staff report_
c. Director of Community Development Olson presented the specifics of the report.
d. Boardmember Anitzberger presented the Community Design Review Board report.
1P 2-14-94
e'. Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following persons were heard:
Cindy Wair, C & P Partners
Ray Saunders, owner of Mr Movies
f. Mayor Bastian closed the public hearing.
Variance
g. Councilmember Koppen moved to denv the variance.
Seconded by Councilmember Rossbach Ayes - all
Sign Plan Change
h. Councilmember Koppen moved to approve the request by Schad Tracv Signs to
revise the sign criteria for Hillside Center to dace tenant signs over the
awnings. sub.iect to the following conditions:
1) The tenant signs on the towers shall be removed; new tenant signs
shall no longer be allowed on the tower.
2) Eighteen inches shall be the maximum height of signs over the awnings.
Seconded by Councilmember Rossbach Ayes - all
I. UNFINISHED BUSINESS -Continued
2. Community Design Review Board Ordinance (2nd Reading)
a. Manager McGuire presented the staff report.
b. Councilmember Rossbach introduced second reading of the following Ordinance and
moved its adoption:
ORDINANCE ND. 719
AN ORDINANCE CHANGING THE DUFIES AND RESPONSIBILITIES SECTION
OF THE COMMUNITY DESIGN REVIEW BOARD ORDINANCE
The Maplewood City Council approves the following ordinance:
Section 1. This section changes Section 25.66.
Section 25-66. Duties and responsibilities-Generally.
The duties and responsibilities of the community design review board shall. be to:
(1) Review all building plans, except proposals excluded from review under section 25-
65. The board shall review sign applications as required in article III of chapter
36.
(2) Approve, modify, deny or table any matter they review. The board, however, shall
not review interior designs.
(3) Hold regularly scheduled meetings, and advise an applicant of the date, time and
place when the board will review the applicant's application. The staff shall
notify the property owners within 350 feet of the: applicant's site of the meeting,
unless the City Council will hold a hearing on the applicant's project.
13 2.14-94
(4) Make a decision based on a staff report, the findings required by the Code and the
applicant's presentation.
(5) Prepare a report to the City Council by January thirty-first of each year outlining
= the board's actions and activities during the preceding year. The report may
include recommended changes, including, but not limited to, ordinances and/or
procedures.
Section 2. This ordinance shall take effect after the City approves this ordinance
and has it published.
Seconded by Councilmember Carlson Ayes - all
3. Majority Yote Ordinance (2nd Reading)
a. Manager McGuire presented the staff report..
b. Councilmember Carlson introduced second reading of the following Ordihance and
moved its adoption:
ORDINANCE N0. 720
AN ORDINANCE RELATING TO DISPOSAL OF PUBLIC REAL PROPERTY
Amending Sect. 2.1.
Sect. Disposal of Public Real Property
Pursuant to Sect. 412.211, Minnesota Statutes, the City is authorized to sell,
convey, lease or otherwise dispose of such property as the interest pf the City may
require. The City shall not sell, convey, lease or otherwise dispose of publicly
owned real property acquired in whole or in part with the proceeds of bonds issued
pursuant to the public referendum held November 2, 1993 unless:
(a) The proposed disposal has, been referred to and reviewed by the City Planning
Commission pursuant to Sect. 462.356, Subd. 2, Minnesota Statutes; and
(b) The City Planning Commission has reported, in writing, to the City Council
relative to the proposed disposal as required by Sect. 462.356, Subd. 2,
Minnesota Statutes; and
(c) The City Council approves said property disposal by a 4/5ths vote of all its
members after three public hearings.
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 Rossbach Ayes - all
G. PUBLIC HEARINGS - Continued
5. 8:00 P.M., Southwinds Townhomes
i
a. Mayor Bastian convened the meeting for a public hearing regarding a proposal
from John Low of Southwind Homes, LLC to develop 56 double dwellings (28
buildings) on both sides of Beebe Road north of Larpenteur Avenue.
14 2.14-94
b. Manager McGuire presented the staff report.
c. Director of Community Development Olson presented the specifics of the report.
d. Boardmember Roger Anitzberger presented the Community Design Review Board
- report.
e. Commissioner Kittridge presented the Planning Commission report.
f. Mayor Bastian opened the public hearing, calling for proponents or opponents.
The following persons were heard:
John Low, Southwinds Townhomes, LLC, the applicant
Sam Casselton, 1745 Howard Street
Bob Fritz, 2180 Ripley
Carolyn Peterson, 1999 Jackson (also speaking for Lorraine Fischer
Dominic Ramacier, 865 Lakewood
f. Mayor Bastian closed the public heaping.
Conditional Use Permit
g, Councilmember Rossbach introduced the following Resolution and moved is
adoption:
94-02-21
CONDITIONAL USE PERMIT RESOLUTION'
WHEREAS, Southwinds Homes, LLC applied for a conditional use permit for a planned unit
development to develop a 56-unit town house complex
WHEREAS, this permit applies to the property on the east and west sides of Beebe Road,
north of Larpenteur Avenue. The legal description is:
Lot 1, Block land Lot 1, Block 2, Southwinds of Maplewood 2nd Addition
WHEREAS, the history of this conditional use permit is as follows:
1. On February 7, 1994, the Planning Commission recommended that the City Council
approve this permit.
2. On February 14, 1994, 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
from 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.
15 2-14-94
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
_ runoff, 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 site plan approved by the City. 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 City Council shall not review this permit unless there is a problem.
4. The trees along the east and north lot lines shall not be disturbed, except to
construct a trail and wetland.
5. There shall be a homeowners' association responsible for maintaining the common
land.
Seconded by Councilmember Carlson Ayes - CouncilmembersAllenspach,Carlson,
Koppen, Rossbach
Nays - Mayor Bastian
Lot Area and Lot Width Variances
h. Councilmember Rossbach introduced the following Resolution and moved is
adoption:
94 - 02 - 22
LOT AREA AND LOT WIDTH VARIANCE RESOLUTION
WHEREAS, Southwind Homes, LLC applied for variances from the zoning ordinance.
WHEREAS, these variances apply to a site plan received by the City on November 12, 1993.
16 2-14.94
WHEREAS, these variances apply to two lots on the east and west sides of Beebe Road
totaling 15.59 acres. The legal description is:
Lot 1, Block land Lot 1, Block 2, Southwinds of Maplewood 2nd Addition
WHEREAS, Section 36-88 of the Maplewood Code of Ordinances requires that each double-
dwelling lot have at least 12,000 square feet of area and 85 feet of lot width.
WHEREAS, the applicant is proposing lot areas of 7,140 square feet and lot widths of
70 feet.
WHEREAS, the history of these variances is as follows:
1. On February 7, 1994, the Planning Commission recommended that the City Council
approve these variances.
2. On February 14; 1994, the City Council held a public hearing. The City staff
published a notice in the Maplewood Review and sent notices to the surrounding
property owners. The Council gave everyone at the hearing an opportunity to
speak and present written statements. The Council also considered reports and
recommendations from the City staff and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-
described variances for the following reasons:
1. There is an unusual hardship. A homeowners' association will own and maintain
the l and that the developer woul d normal l y use to meet the l of area and
frontage requirements.
2. These variances would meet the ordinance's intent since the project would meet
the City's density requirement.
3. The City approved similar variances for the Holloway Pond Town House project.
Seconded by Councilmember Carlson Ayes - CouncilmembersAllenspach,Carlson,
Koppen, Rossbach
Nays - Mayor Bastian
Easement Vacation
i. Councilmember Rossbach introduced the following Resolution and moved is
adoption:
94-02'-23'
VACATION OF WALKWAY EASEMENT
WHEREAS, Southwind Homes, LLC requested that the City vacate a ten-foot-wide walkway
easement described as Document Number 2437518.
WHEREAS, the history of this vacation is as follows:
1. A majority of the property owners abutting this easement signed a petition for
this vacation;
2. On February 7, 1994, the Planning Commission recommended that the City Council
approve this vacation.
17 2.14.94
3. On February 14, 1994, the City Council held a public hearing. The 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 vacates this easement, public interest in the easement will go
to Lot i, Block 1 and Lot 1, Block 2, Southwinds of Maplewood 2nd Addition.
NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above-described
vacation for the following reasons:
1. It is in the public interest. The new easement will save trees and make it
easier to identify the water line.
2. The developer will dedicate a new easement to the north of the existing
easement.
This vacation is subject to the property owner dedicating a new easement to the
City.
Seconded by Councilmember Carlson Ayes - all -
Preliminary Plat
j. Councilmember Rossbach moved to approve the Southwinds Townhomes preliminary
plat with the developer to complete the following conditions before the Citv
Council approves the final plat:
1) Have the City Engineer approve the final construction plans. These
plans shall include the grading, tree preservation, internal street,
utility, erosion control and drainage plans. The erosion control plan
shall be consistent with the Ramsey Soil and Water Conservation
District Erosion Control Handbook.
2) Make the following changes to the plat:
a) Show a drainage easement around the proposed sediment pond
and ten feet beyond the proposed wetland boundaries. This
easement shall include the area between the east-west trail
and the wetland to the south of the trail. This easement
shall prohibit any mowing, cutting, filling or dumping, -
including yard waste.
b) Show the wetland boundary, as approved by the Watershed
Board, on the plat.
c) Move the east-west walkway easement north to generally
follow the water line and designate the easement for trail
use. Widen the first 200 feet of the east-west trail
easement from Furness Street to fourteen feet to accommodate
- public works equipment. The Williams Brothers Pipe Line
Company must approve the new easement before the developer
begins to construct the trail.
d) Provide a ten-foot wide trail easement from Furness to
Larpenteur along the east side of the plat „ with the
location to be approved by staff.
3. Give the School District a driveway easement over the north 95 feet
of the plat that is west of Beebe Road.
4. Sign an agreement with the City. This agreement shall guarantee that
the developer will complete all public improvements and meet all City
requirements. This agreement shall require that the developer:
18 2.14-94
a) Install and maintain permanent signs around the edge of the
drainage easements. These signs shall state that there shall
be no mowing, cutting, filling or dumping beyond this point.
b) Construct the east west trail along with the Phase I
construction. The trail shall be 12 feet wide for the first
200 feet from Furness Street and B feet wide the rest of the
way. The first 200 feet shall be strong enough to support
public works equipment.
c) Install a five-foot-wide concrete sidewalk along Beebe Road
from the north property line to the south property line. The
developer shall install the portion of the sidewalk fronting
each phase with that phase's construction. The developer
shall install the remaining sidewalk no later than with the
last phase.
If the developer decides to final plat part of the preliminary plat, the
Director of Community Development may waive any conditions that do not
apply to the final plat.
Seconded by Councilmember Carlson Ayes - Councilmembers Allenspach,Carlson,
Koppen, Rossbach
Nays - Mayor Bastian
Design Plans
k. Councilmember Rossbach moved to approve the site plan landscapino plan and
building elevations stamped November 12 1993 with the followings conditions:
1) Repeat this review in two years if the City has not issued a
building permit for this project.
2) The developer shall complete the following before the City issues a
building permit:
a) Revise the plan as follows:
(1) Widen the drive aisle for the seven parking spaces
west of Beebe Road to 24 feet.
(2) Provide at least 18-foot-long driveways for Units
23 and 24.
b) Provide the following for the City Engineer's approval
before the City issues a building permit:
(1) A drainage easement around the proposed sediment pond and ten feet beyond
the proposed wetland boundaries. This easement shall include the area
between the east-west trail and the wetland to the south. This easement
shall prohibit any mowing, cutting, filling or dumping, including yard
waste.
(2) A grading, drainage, utility and erosion control
plan. The erosion control plan shall be consistent
with the Ramsey Soil and Water Conservation
District Erosion Control Handbook.
c) Revise the landscape plan showing that:
(1) All deciduous trees are at least 2 1/2 inches in
caliper, balled and burlapped.
(2) All evergreen trees are at least six-feet-tall.
3) Complete the following before occupying the buildings:
a) Replace property irons that are removed because of this
construction.
b) Restore and sod damaged boulevards.
c) Install permanent signs around the edge of the drainage
easements. These signs shall state that there shall be no
mowing, cutting, filling or dumping beyond this point.
19 2.14-94
d) Install an underground sprinkler system for all landscaping
(code requirement).
e) Provide an address sign at the main entrances for the
buildings that do not have direct access to a public street.
Put address signs on the buildings.
f) Post the driveways for no-parking on one side.
g) Sod all proposed turf areas up to the drainage easements.
Turf areas shall not include land planned to remain natural.
h) Move the east-west walkway easement north to generally
follow the water line and designate the easement for trail
use. Widen the first 200 feet of the east-west trail
easement from Furness Street to fourteen feet to accommodate
public works equipment. The Williams Brothers Pipe Line
Company must approve the new easement before the developer
begins to construct the trail.
i) Construct the east-west trail with the Phase I construction.
The trail shall be 12 feet wide for the first 200 feet from
Furness Street and 8 feet wide the rest of the way. The
first 200 feet shall be strong enough to support public
works equipment.
j) The developer shall install a five-foot-wide concrete
sidewalk along Beebe Road from the north property line to
Larpenteur Avenue. The developer shall install the portion
of the sidewalk fronting each phase with that phase's
construction. The developer shall construct the remaining
sidewalk no later than with the last phase.
4) Having the location of each building staked by a registered land
surveyor.
5) If any required work is not done, the City may allow temporary
occupancy if:
a) The City decides that the work is not essential to the
public health, safety or welfare.
b) The City receives a cash escrow or an irrevocable letter of -
credit for the required work. The amount shall be 150 of
the cost of the unfinished work.
c) The City receives an agreement that will allow the City to
complete any unfinished work.
6) All work shall follow the approved plans. The Director of Community
Development may approve minor changes.
Seconded by Councilmember Carlson Ayes - Councilmembers Allenspach,Carlson,
Koppen, Rossbach
Nays - Mayor Bastian
H. AWARD OF BIDS
NONE
I. UNFINISHED BUSINESS
1. Barbed Wire Fencing Ordinance (2nd Reading)
Heard after G-2
2. Community Design Review Board Ordinance (2nd Reading)
Heard after G-4
20 2-14-9a
3. Majority Vote Ordinance (2nd Reading)
Heard after I.2
J. NEW BUSINESS
1. Maplewood Open Space Committee's Update of Property Prioritization
a. Manager McGuire presented the staff report.
b. Assistant City Manager Maglich presented the specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. The following was/were heard:
Dominic Ramacier, 865 Lakewood, Chairman of Open Space Committee.
d. Councilmember Carlson moved to acceQt" the Open SDace Committee's revised
prooerty list to use in the acquisition process
Seconded by Councilmember Allenspach Ayes - all
2. Community Center Contingency Request
a. Manager McGuire presented the staff report.
b. Assistant City Manager Maglich presented the specifics of the report.
c. Councilmember Rossbach introduced the following Resolution and moved its
adoption:
94-02- 24
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT - STEININGER CONSTRUCTION
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the
construction of a City-owned community center, Community Center Project, and has
let a contract for the grading and soils corrections; and
WHEREAS, the soils engineer has found unsuitable soils for safe and proper
foundation and support for the building; and
WHEREAS, the contract with Steininger Construction contains unit prices for the
removal/on-site disposal of poor soils and the import of clean fill; and
WHEREAS, it is not necessary and expedient that said contract be modified and
designated as Community Center Project Grading and Soils Corrections Change Order
3 to allow the recommended soils corrections.
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 3 in an amount of 332,618.
The contract is amended per the following detail:
Current Contract 3247,764
Change Order #3 32:618
Amended Contract 3280;382
Seconded by Councilmember Carlson Ayes- all
21 2-14-94
d. Councilmember Rossbach introduced the followin4 Resolution and moved its
adoption:
94-02- 25
DIRECTING MODIFICATION OF IXISTING CONSTRUCTION CONTRACT - ADOLFSON & PETERSON
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the
construction of a City-owned community center, Community Center Project, and has
let a contract with Adolfson & Peterson for general construction; and
WHEREAS, the soils engineer and construction manager have found unsuitable
soils for safe and proper foundation and support for the building and are
recommending changes in design construction; and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Community Center Project A&P Change Order 3 to allow the recommended
changes in design.
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 3 in an amount of 568,267.
The contract is amended per the following detail:
Current Contract 55,401,949
Change Order #3 68.267
Amended Contract 55,470,216 `
Seconded by Councilmember Carlson Ayes - all
e. Councilmember Rossbach introduced the following Resolution and moved its
adoption:
94-02-26
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT - DOODY MECHANICAL
WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the
construction of a City-owned community center, Community Center Project, and has
let a contract with Doody Mechanical, Inc., and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Community Center Project Doody Mechanical Change Order 2 to allow the
recommended changes in design.
MOW, 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 2 in an amount of (32,103).
The contract is amended per the following detail:
Current Contract 52,126,633
Change Order #2 (2.103)
Amended Contract 52,124,530
Seconded by Councilmember Carlson Ayes - all
22 2.14.94
f. Councilmember Rossbach introduced the following Resolution and moved its
adoption:
94-02-27
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT - HUNT ELECTRIC
- WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the
construction of a City-owned community center, Community Center Project, and has
let a contract with Hunt Electric; and
WHEREAS, it is now necessary and expedient that said contract be modified and
designated as Community Center Project Hunt Electric Change Order 2 to allow the
recommended changes in design.
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 2 in an amount of 38,159.
The contract is amended per the following detail:
Current Contract 3937,656
Change Order #2 8.159
Amended Contract 3945,815
Seconded by Councilmember Ca~lsdn Ayes - all
3. Insurance for Open Meeting Law Defense Costs
a. Manager McGuire presented the staff report.
b. Director of Finance Faust presented the specifics of the report.
c. Councilmember Rossbach moved to table this item until 1995 Budget preparation
time.
Seconded by Councilmember Koppen Ayes - all
4. Open Space Site
a. Manager McGuire presented the staff report.
b. Assistant City Manager Maglich presented the specifics of the report.
c. Mayor Bastian asked if anyone wished to speak before the Council regarding this
matter. The following were heard:
Dominic Ramacier, 865 Lakewood
Janet Grant, 1709 McKnight Lane
Jerry Resong, 1888 Myrtle Street, presented a petition signed by
area residents requesting the area by Sterling & Ripley
be kept for open space.
d. Councilmember Carlson moved to authorize staff to begin the
negotiation/acquisition process specifically for Site #160 (Gervais outlots E
F. and G. south of Linwood Ave.. east of Linwood"Court.
Seconded by Councilmember Rossbach Ayes - all
23 2-14-94
5. Districts for Commissions and Boards
a. Manager McGuire presented the staff report.
b. Director of Community Development Olson presented the specifics of the report.
c. Mayor Bastian moved to accept staff recommendation and take no action on
setting up a ward or district system for appointing board and commission
members.
Seconded by Councilmember Carlson Ayes - all
_ K. VISITOR PRESENTATIONS
NONE
L COUNCIL PRESENTATIONS
1. Sidewalk From Here to Nowhere
a. Councilmember Rossbach stated he had received a letter regarding sidewalks that
go nowhere.
b. Councilmember Carlson moved to direct staff to research activating an advisory
committee on planning sidewalks.
Seconded by Councilmember Koppen Ayes - all
M. ADMINISTRATIVE PRESENTATIONS
1. Open Space Progress
DISCUSSED WITH J-4
N. ADJOURNMENT OF MEETING
9:55 P.M.
- v~ Lucille E. Aurelius
City Clerk
24 2-14-94