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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 4 2-14-94 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